06/14/1994
ACTION AGENDA - CLEARWATER CITY COMMISSION MEETING - Tues. June 14, 1994 - 9:00 A.M.
Welcome. We are glad to have you join us. If you wish to speak please wait to be recognized, then
state your name and address. Persons speaking before the City Commission shall be limited to 3
minutes. No person shall speak more than once on the same subject unless granted permission by
the City Commission. ANY PERSON WITH A DISABILITY REQUIRING REASONABLE
ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS MEETING, SHOULD CALL 813/462-6684.
1. Pledge of Allegiance
2. Invocation
3. Service Awards
4. Interim City Attorney Report
5. Convene as Pension Trustees
6. Convene as CRA
7. Approval of Minutes - Special Meeting
5/31/94 & Regular Meeting 5/31/94
1. Mayor.
2. William C. Baker, Assistant City Manager,
3. 4 awards presented.
6 new police officers were sworn-in.
4. City Attorney Selection Committee report
submitted. Department organization chart
has been developed. Case evaluation
received from all outside counsel. A report
re enforcement of Adult Use & Anti-nudity
Ordinances submitted. Process to collect
on delinquent mortgages started.
Commission directed an Assessment Center
for City Attorney be developed. Human
Resources to coordinate interviews.
6. 10:06 a.m.
6. 10:07 a.m.
7, Approved special meeting as submitted,
regular meeting as corrected.
8.
PRESENTATIONS
a) CommUNITY Campaign
a)
Rescheduled to 7/1 8/94.
9. - Citizens to be heard re items not on the Agenda - None.
CITY MANAGER REPORTS
CONSENT AGENDA (Items #10-17) - Approved as submitted less item #16.
The following items require no formal public hearing and are subject to being approved in a single
motion. However, any City Commissioner or the City Manager may remove an item from the Consent
Agenda to allow discussion and voting on the item individually.
10, Contract for finance system software
support to Ross Systems, Redwood City,
CA, for the period 7/1/94-6/30/95, for
$50,880 (AS)
6/14/94
1
11. Payment of $30,500 for upgraded license
fee of Ross Finance System software
modules to Ross Systems, Redwood City,
CA (AS)
12. Contract with Florida Center Community
Design Research to develop a study of the
Clearwater In-Fill Housing Program for
$19,928 (ED)
13. Contract with Florida Center Community
Design Research to develop a study of the
North Greenwood Commercial District for
$19,916 (ED)
14. Purchase of various sizes of steel gas pipe
from Consolidated Pipe and Supply,
Birmingham, AL, for the period 6/15/94-
6/14/95, for an est. $160,870 (GAS)
15. Purchase of yellow 2306 polyethylene gas
pipe and fittings from: M,T. Deason Co.,
Inc., Birmingham, AL, at an est.
$307,579.90; Perfection Corp., Madison,
OH, at an est. $59,563.75; and Phillips
Engineering Co., Inc., Clearwater, FL, at an
est. $30,629.75, for the period 6/15/94-
6/14/95, for a total est. $397,773.40
(GAS)
16. Work Order for services under existing
contract with CDM for continuing
hydrogeological investigation, for $ 272,4 70
(PW)
17. Extension of contract with Solar Sanitation,
Clearwater, FL, for hauling approx. 135
loads of recycled glass in 30-yd open-top
containers from the Solid Waste Complex
to a buyer in Lakeland, FL, for the period
7/1/94-6/30/95, for an est. $20,250(PW)
1 6. Approved.
OTHER ITEMS ON CITY MANAGER REPORT
18. Res. #94-37 - authorizing execution of an
addendum to interlocal agreement relating
to membership in the First Florida
Governmental Financing Commission (AS)
19. First Reading Ord. #5596-94 - Amending
Sec. 1. 12 and Ch, 15 relating to
emergency management to make
emergency resolutions enforceable by
police and adding a gas emergency
resolution (EM)
6/14/94
:~~
18. Res. #94-37 adopted.
19. Approved. Ord. #5596-94 passed 1 st
reading.
2
:r
20. Res. #94-38 - authorizing execution of
Statewide Mutual Aid Agreement for
Catastrophic Disaster Response and
Recovery (EM)
21. First Reading Ord. #5630-94 - Relating to
water shortages; amending sees. 32.153 &
32.159, to adopt by reference water use
restrictions relating to irrigation of lawns,
landscaping and golf courses adopted by
the Board of County Commissioners of
Pinellas County which are more stringent
than water use restrictions of the City for
such activities; authorizing enforcement of
Pinellas County water use restrictions and
the imposition of penalties for their
violation (PW)
22. Bayfront Mart Status Report
23. Other Pending Matters
a) Contract for additional testing to
complete the Preliminary Contamination
Assessment and Report for the Fleet
Maintenance Facility to Environmental
Science & Engineering, Inc., Tampa, FL, for
$16,555; authorize transfer of $16,555 of
unappropriated retained earnings from
General Fund to CIP 315-94718, Airpark
Landfill Site (PW)
20. Res. #94-38 adopted.
21. Approved. Ord. #5630-94 passed 1 st
reading as amended.
22. Approved Phase 1 A, items 1, 2, 4 & 5,
additional information re 3 to come back.
Authorized additional $250,000 for exterior
treatment similar to Pierce 100.
23. a) Approved.
CITY ATTORNEY REPORTS
24. Other City Attorney Items
24. None.
25. City Manager Verbal Reports
6/14/94
I
25. City Manager reported an item for funding
request of Ervin Harris All-American Youth
Club added for Thursday night. Also item
to approve tentative millage rate added for
Thursday. Budget meetings, Bayfront Mart
(Maas Brothers) meeting to be set Thursday
night.
City Manager reported Charter Review
Committee report to be provided mid-July;
presentation 8/4/94.
3
t,
26.
27.
, . City Manager reported the Sand Key
powerlines project will be delayed a year
due to County delaying Gulf Blvd. widening
due to funding considerations.
None.
Deeqan requested permission to attend FIG
seminar on Total Quality Management in
Kissimmee. Approval given for any
Commissioner wishing to attend.
Fitzqerald questioned status of responses
from Empress Cruise Lines.
Thomas requested investigation of special
license fee possibility for gaming ships.
Equity Study Commission to look at.
Garvev requested status of recycling
program. Bins being distributed, program to
start 6/27/94.
3:23 p.m.
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Subject:
CLEARWATER CITY COMMISSION
Agenda Cover Memorandum
SERVICE AWARDS
Recommendation/Motion:
.
lIem # cgr ~
Meeting Date June 1 1994
& une 6, 1994
The following employees be presented with service awards for their length of service in the
employment of the City of Clearwater.
o and that the appropriate officials be authorized to execute same.
BACKGROUND:
5 Years:
Wayne E. Millen
Jimmy L. Cabaniss
Michael E. Jacobson
Nick C, Gossman
Isaac Hinson
10 Years.;.
Marianna A, Mallon
James Battle, Sr.
Gary A. Lutman
15 Years:
James 0, Marshall
Evelyn Di benedetto
20 Yea r s :
Gustave A. Nelson, Jr.
Richard A. Trombly
Lester Rent
Thomas Chapl i Ilsky
25 Yea r s :
Arthur E. Ermscher
Sarah F. Brown
Reviewed by:
Legal
Budget
Purchasing
Risk Mgmt.
CIS
ACM
Other
Submitted by:
Citv Manaqer
Police
Police
Police
Police
Parks &
Recreation
Police
Parks & Recreation
Gen. Svcs./Fleet Maint.
Pol ice
Pol ice
Po lice
Police
Public \Vorks/WPC
Central Permitting
Fi re
Library
Originating Dept:
Human Resources
User Dept.:
Advertised:
Date:
Paper:
o Not required
Affected parties
o Notified
o Not required
Peter Tsagararatos
Thomas J, Bracalellto
Alan E. Uhr
Mary E. Plesinski
Dorothy A, Reehling
Mark J. Behring
Randy G. Holm
Deloris Butler
Ronald A. Hamm
Costs:
Total
Current FY
Funding Source:
D Capt. Imp.
D Operating
D Other
Appropriation Code:
Police
Pol ice
Pol ice
Parks & Recreation
City Clerk's Office
Public Works/Eng.
Gas System
Parks & Recreation
Gas System
Commission Action:
o Approved
o Approved w/conditions
o Denied
o Continued to:
Attachments:
o None
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Mayor Garvey,
Attached is information of a number of new CPO employees who will
br sworn during the next city commish session. If you need any
additional info, please give me a ring.
SHELOR
NEW CPD OFFICERS:
ROBERTO F. BERUVIDFS (bear-a-veed'-us), 29, is married and lives in
Clearwater. Roberto put himself through the 3D-week, evenings program at the Pinellas
Police Academy where he was graduated first in his class and earned "Top Gun" honors.
Roberto began his employment with the city May 31, and will be assigned June 25 to the
Police Department's Field Training Program:
JOlIN BRO'VN is 23-years-old and was graduated from Boca Ciega High School in
Gulfport. He served in the U.S. Navy, received an Honorable Discharge and began his
employment with the Police Department last October:
CARL E. CO~ryERS is a 29-year-old Palm Harbor resident. Like Roberto, Carl put
himself through the Police Academy, and was a Clearwater Police Aide before beginning the
academy. Carl's employment with the city began May 31, and he, too, will begin the Field
Training Program June 25:
SHARON K. HUNTER, 37, grew up in Kissimmee, attended St. Petersburg Junior
College and was a Police Service Technician with the Clearwater Police Department for three
years before entering the academy. It's worth noting that Sharon was named Class President
of her academy class and gave the commencement address:
TODD SHAWN JOI-INSON, 23, attended Clearwater Christian College and was part
of St. Petersburg Junior College's Police Academy track program before entering and
graduating from the Academy. Upon his May 19th graduation from the college, Shawn
earned his two-year degree in Law Enforcement and will be assigned June 25 to the
department's Field Training Program:
CARLOS D. LANG, 22, is the Clearwater Police Department's first officer who was
groomed for the position through the Law Enforcement Apprenticeship Program (project
LEAP), in which young minority residents are given a job at the department to familiarize
themselves with the law enforcement profession. Carlos, after graduating from Clearwater
High School, was also the ini tial LEAP employee and was a Police Aide.
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CI'ry
OF CLEARWATER
POST OFFICE BOX 4748
C LEA R W ATE R. F LOR IDA) 3( 6 1 8 - 4 748
./V2-:: 1
Office of
City Attorney
(813) 462-6760
Fax (813) 462-6426
MEMORANDUM
TO:
FROM:
CC:
Honorable Mayor and City Commission
Alan S. Zimmet, Chairman City Attorney Selection Committee kfls
Steven Seibert, Esq.
Julius Zschau, Esq.
John Hubbard, Esq.
June 13, 1994
DATE:
RE:
City Attorney Selection Committee - Short List
The City Attorney Selection Committee met on two occasions for approximately
a total of 4 hours. Initially, we met to determine the procedure we would follow in providing
the City Commission with a short list of candidates for the City Attorney position. At the initial
meeting, we also discussed the qualifications that we thought were necessary and, should be used
in reviewing the applications.
The procedure that was chosen was to prepare an "A" list and "B" list of
, . ~
candidates that would then be pared down to 'a short list presented to the City Commission.
Each of the candidates that made one of these lists was then reviewed by the Committee as a
whole. Each committee member also individually reviewed each individual resume, which
totalled approximately 60, The Committee then prepared a tentative "A" list which contained
6 names. Pete Simmons of the Human Resources Department \Vas requested to contact
references of each of these 6 individuals. Ile reported the results of his conferences with the
references in detail to the Committee. Finally, the Florida Bar was contacted to determine
whether the final candidates were members in good standing with the Florida Bar and to obtain
o
. . E (j II 1\ I E 111 pIn Y III fJ n I II n cI ^ I I i r rll II I i v e /\ (; t ion E III pIn Y H r ' ,
In terms of qualifications. the Committee agreed that a minimum of 5 years of
experience in local governmental law should be required. This experience should not necessarily
be in the litigation area. but some litigation experience was considered a positive factor. The
Committee also believed that extra consideration should be given to candidates who have
experience in the "real II world and, therefore, those who have worked at private law firms or
held employment prior to becoming a municipal attorney were given extra weight.
Based upon the Conmlittee's review of all of the applications and the references
that were received, the Committee has agreed that the following 5 candidates be included on the
short list:
other public information available from the Florida Bar concerning each attorney on the short
list.
1. Pamela K. Akin
2. Ann E. Colby
3. Robert D. Guthrie, Jr.
4. Carl E. Kern, III
5. Karla A. Stetter
The Committee chose not to provide the Commission with a ranking of the
individuals on the short list. Therefore, the above list is provided in alphabetical order.
The Committee believed it would be beneficial to the Commission if the
Committee provided some thoughts about eacll\7andidate. There was a belief that by doing this,
the Committee would be assisting the Commission in conducting the forthcoming interviews.
Comments regarding each applicant on the short list, again in alphabetical order, are as follows:
1, Pamela K. Akin - The Committee believes that 1\15, Akin h~~s the local
government law expcricnce and managerial experience as a result of her position as City
Attorney with the City or Tampa, It was believed that she would have expericnce in managing
outside counsel as well as supervising in-house attorneys as a result, of her present position,
While she docs not have any privatc law firm experience, she does have experience as a head
3. Robert D. Guthrie. Jr. - Again, the Committee believes that Mr. Guthrie
had the local government law experience the Committee was searching for. He also had the
managerial experience as he was Brevard County Attorney for 5 years, He supervised 4 to 5
attorneys while he worked at the Orlando City Attorney's Office.
4. Carl E. Kern. III - Mr. Kern does not have the local government law
experience that some of the other candidates possess. However, the Committee felt that his
background, having been the special projects coordinator and department director of the Parks
and Recreation Department of the City of Miami where he supervised 500 employees, presented
excellent managemcnt experience. There was some concern as to whcther his experience in the
Broward County Attorney's Office was limited to mass transit and did not involve a wide range
of local government law issues. Mr. Kern was for a very short period of time City Attorney
for the City of West Palm Beach, but his cl\:ployfncnt was terminated for political reasons
unrelated to his performance. Addilionally, it was noted that the Broward County Altorney's
Office, where he is presently employed, is known for its preventive law program.
S, Karla A, Stclter - The COIllmitlec believcs that ivls. Stetter lu)s the local
government law experience that the Committee was searching for. There was some question as
to whether she has the managerial experience and whether she has cxperience in the area of local.
governmcnt law outside of tlH: land lIse area. She received very good references.
pediatric nurse in the "real" world. It should also be noted that from her resume, the Committee
could not discern if she has much litigation experience. Her references were very good. The
Committee noted that at least one reference stated that she had a very loyal staff indicating good
management of her legal department staff.
2. Ann E. Colby - Ms. Colby has the local government law experience that
the Committee was looking for. However, there was some concern as to whether she has the
managerial experience. Ms. Colby has been in private practice and therefore met that criteria.
3
I am attaching the 5 resumes of the people on the short list. It was the
recommendation of the Committee that the Commission request a background check be
performed to include a criminal background check as well as an investigation into the educational
qualifications of the candidates selccted by the Commission.
Finally, with regard to the assessment center that was performed for the last City
Attorney selection, the Committee noted the extensive amount of work involved in preparing the
assessment center and that the candidates put into the assessment center, There was some
concern that the City Commission did not give the assessment center much weight during the
last selection process, Therefore, the Committee believes that if the Commission was committed
to giving the results of the assessment center a lot of credence, it might be worthwhile.
All of the members of the Committee put in extensive effort into this process.
I believe that you are receiving a short list of 5 very qualified candidates for the position of City
Attorney.
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,#41022
4
MAY 1 ~ '~B~Jlt
NATIIANTURK (\RR5.1972)
ALLAN 0, fllSllOI' (1932-198R)
MARTIN II. TIL\.AI'AUGII"
ANN J;, COUlYu
. AI_SO ADMI'lTED IN PENNSYLVANIA
U ALSO ADMrm,n IN FLORIDA AND
DISTIlICT or COLUMBIA
LA \V OFFICES
TURK, TRUMAN. BISHOP & TILLAPAUGH
27.29 LAKE STREET
P. O. BOX 250
OWEGO, NEW YORK I :lH27
TELEI'IIONE ((,07) 6117 -0567
FAX ((i07) 6H7.(J56R
CATIIAR INE TURK TRUMAN, OF COUNSEL
May 16, 1994
Human Resources Department
City of Clearwater
P. O. Box 4748
Clearwater, FL 34618-4748
Dear SirIMadam:
In response to your advertisement in the April 3D, 1994, edition of the Florida Bar News, I am
submitting my resume for the position of City Attorney. Although I left Central Florida in 1992
as a result of my husband's job transfer, he has now left his company and we are relocating
permanently back to Florida.
My municipal legal experience spans numerous years and locations. I am admitted to practice
in Florida, New York, the District of Columbia, and the 11 th Circuit Court of Appeals and
Federal District Court, Middle District, Florida, During my years as both an Assistant City
Attorney and City Attorney in Florida I have at various times been responsible for and litigated
in litigation nearly every area of law affecting municipalities, and in my private practice
represented business entities and individuals seeking relief, both administrative and judicial
against municipalities. My negotiation, mana~ment -and writing skills are excellent.
.
With my background and strong ties to Florida local governmental agencies, I feel that I would
serve the City of Clearwater well as its City Attorney. Thank you for your consideration.
Ann E.
AEC/blg
Ene.
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RES U M E
ANN E. COLBY
836 Pultz Hill Road
Owego, New York 13827
Home telephone: (607) 687-4306
Work Telephone: (607) 687-0567
Social Security Number: 264-04-7664
PERSONAL DATA
Date of Birth:
Place of Birth:
Marital status:
August 1, 1952
Camp LeJeune, North Carolina
Married, with two children
LEGAL EDUCATION
Juris Doctorate, University of Florida, Gainesville, Florida
Graduated: August, 1976
GPA: 2.7
Admitted to
Admitted to
Admitted to
Florida Bar: 1977
the District of Columbia Bar:
the New York Bar: 1993
1993
UNDERGRADUATE
Bachelor of Arts in Religion, with High Honors, University
of Florida, Gainesville, Florida
Graduated: December, 1973
'GPA: 3.87
WORK EXPERIENCE
Legal clerk, Zisser and Robison, P.A., Jacksonville, Florida,
Spring Quarter, 1975.
Legal intern, with certificati'on to practice by the Florida
Bar, Florida Legal Services, Inc., Prison Project,
Gainesville, Florida, September 1975 unt~l August 1976.
Assistant Public Defender, Ninth Judicial Circuit, Orange
County, Florida, September 1976 until July 1977.
Staff Attorney, Chief of Consumer Division, Orange County
Legal Aid Society, July 1977 until October 1978.
From November 1978 until August 1979 I worked as a sole
practitioner in Orlando, Florida.
Assistant City Attorney, City of Orlando, Florida, August
1979 until June 1986.
City Attorney, City of Longwood, Florida, July 1986 until
October 1987.
In November of 1987 I joined the law firm of Fowler, Williams
and Airth, P.A., specializing in municipal and business
law. In January, 1990, I became a full partner in the
firm, reorganized as Fowler, Barice and Colby, P.A.
In March, 1992, I left Fowler, Barice and Colby, P.A. to form
a new general law practice, Colby, Fagin and McIntyre,
P.A.
In January, 1993, after having relocated to New York State as
as a result of my husband's transfer to IBM Federal
Systems Division, I joined the law firm of Turk, Truman,
Bishop and Tillapaugh.
From 1978 until 1990 I served as an Adjunct
Professor of Law for the University of Central Florida,
Orlando, Florida, Rollins College, Winter Park, Florida,
and Columbia College, Columbia, Missouri.
ACTIVITIES
Assistant Director, University Of Florida Jewish Student
Center, Gainesville, Florida, 1973 until 1975.
Teaching assistant, University of Florida Religion
Department, Gainesville, Florida, 1974 until 1976.
Member, Phi Beta Kappa Fraternity.
Appointed to and served on the Orange County Commission Ad
Hoc Committee on Consumer~Affairs, 1978.
Served on Orlando's Task Force on Crimes Against the Elderly.
!
Served as a Mediation Officer, Orange County Citizen's
Dispute Settlement Program.
Finance Director, St. Charles Parish, Orlando, Florida, '1986
to 1991. In this capacity I was responsible for the
drafting and implementation of long term financing
programs and annual budgets for both the parish and St.
Charles School. The annual budget for both was in
excess of $500,000.00.
Member, Florida Executive Women, 1987 to 1992.
Rollins College Chapel Choir, 1989 to 1992.
President and Legal Counsel, Music Orlando, since its
formation in 1991 to 1992.
Member and Vice-Chairman, City of Orlando Human Relations
Board, 1989 to 1992.
Member, Board of Directors, Day Care Center of Owego, 1993 to
present.
LEGAL EXPERIENCE
During my years' internship with Florida Legal Services, I
worked extensively in the Federal Court, Middle District,
handling 1983 actions and Federal habeas petitions. My
duties also included handling civil suits and criminal
actions for inmates at Florida State Prison and Union
Correctional Institute.
As an assistant Public Defender in Orange County my case load
averaged 55 cases per month. I served as defense council in
approximately 125 trials, both felony and misdemeanor,
representing both adults and juveniles.
In July of 1977 I joined the Legal Aid Society as a staff
attorney, heading the Consumer Division. During that time I
gained extensive experience in landlord/tenant matters,
consumer finance, and cases involving violation of the Unfair
and Deceptive Trade Practices Act. In addition to trial
work, my duties included handling some domestic matters and
lecturing to high school and college classes and local
interest groups on consumer law. As a member of the Orange
County Commission's Ad Hoc Committee on Consumer Affairs, I
helped to compile statistics OQncerning county-wide consumer
practices; I also negotiated arid drafted grant proposals
sub-contracting Title III money for Legal Aid and funding a
Senior Citizen's Division under the Older Americans Act.
Upon leaving Legal Aid, I worked in Orlando in the private
sector, handling a variety of domestic, juvenile,
discrimination, landlord/tenant and administrative law cases.
In August 1979, I joined the City Attorney's staff for the
City of Orlando. I was responsible for legal advisement in
the areas of employment, labor relations, personnel
procedures, Title VII discrimination, transportation,
antitrust, elections, and all legal matters involving the
management and administration of the City's parks and public
facilities. My duties included the preparation of legal
opinions, municipal ordinances, bills for the state
legislature, resolutions, contracts and leases, selecting and
negotiating with City consultants and concessionaires, and
litigation of cases for the City in both state and federal
courts. I was instrumental in the development and drafting
of the City's Special Act for City-County library
consolidation.
In July 1986, I accepted the position of City Attorney for
the City of Longwood, Florida. In that capacity I was
responsible for all legal matters involving the City. I
served as the legal advisor to the City Commission and all
City Boards. During my tenure I drafted a comprehensive
Employment Policies and Procedures Manual for the City and
developed and organized a centralized purchasing system. I
also served as the City's counsel in numerous land
development matters, Code Enforcement, and for the issuance
of approximately $5,000,000.00 in municipal bonds.
In October 1987, I resigned from the City of Longwood in
order to enter private practice. I joined the firm of
Fowler, Williams and Airth, P.A., specializing in municipal
and business law. My primary duties included advising the
City of Altamonte Springs, for whom the firm acts as City
Attorney, directing a prepaid legal program and managing my
personal caseload of business and domestic clients. My work
for the City of Altamonte Springs was largely in the areas of
land development, planning, and Code Enforcement. I sat as
the advisor to the Board of Zoning Adjustment and the Code
Enforcement Board.
In January, 1990, I became a full partner in the reorganized
firm of Fowler, Barice and Colby, P.A.
,
In March, 1992, I resigned fro~ Fowler, Barice and Colby,
P.A., to form the general practice firm of Colby, Fagin, and
McIntyre, P.A. My clients included Music Orlando, a non-
profit organization which promoted and directed a chamber
orchestra and provided musical support for the Southern
Ballet theater and the Orlando Opera Company.
In January, 1993, after relocating to New York State as a
result of my husband's work transfer, I became an associate
in the firm of Turk, Truman, Bishop and Tillapaugh. The firm
is primarily a general practice firm, however it serves as
counsel for numerous local governmental entities, including
the Village of Owego, the Township of Nichols and the Tioga
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Central School District. My responsibilities have included
representation of all firm clients, with concentration in the
areas of real estate, business and corporate representation.
REFERENCES
1. Martin H. Tillapaugh, Esq., Turk, Truman, Bishop and
Tillapaugh, 27-29 Lake Street, Owego, New York 13827.
(607) 687-0567
2. The Honorable Walter G. Komanski, Judge of the Circuit
Court, Ninth Judicial Circuit, Orlando, Florida 32806.
(407) 836-7590
3. Robert L. Hamilton, City Attorney, City of Orlando, 400
South Orange Avenue, Orlando, Florida 32801. (407) 246-
2295
4. Ms. Patricia Wainwright, City Clerk, City of Altamonte
Springs, 225 Newburyport Drive, Altamonte Springs,
Florida. (407) 830-3909
5. Dr. David B. Slaughter, Professor of Law, Department of
Legal Studies, University of Central Florida, Orlando,
Florida 32816-0001. (407) 823-2452
6. Ms. Beryl H. Davis, Internal Auditor, City of Orlando,
400 South Orange Avenue, Orlando, Florida 32801. (407)
246-2678
7. Suellen D. Fagin, Esq., 20 N. Orange Avenue, Suite 1400,
Orlando, Florida 32801. (407) 425-0025.
ADDITIONAL REFERENCES AND WRITING SAMPLES FURNISHED UPON
REQUEST.
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P~~ELA K. AKIN, BSN. J.D.
3805 1/2 HORATIO
TAMPA, FLORIDA 33609
EDUCATION
STETSON UNIVERSITY COLLEGE OF LAW, st. Petersburg,
Florida - Juris Doctor Degree, May 1982 .
HONORS AND ACTIVITIES
I,aw Review Staff
Phi Alpha Delta Legal Fraternity
UNIVERSITY OF FLORIDA, Gainesville, Florida
Bachelor of Science in Nursing, 1975
clinical emphasis in Maternal and Infant care
EMPLOYMENT EXPERIENCE
CITY ATTORNEY, City of Tampa, Tampa, Florida,
March 1, 1988 to Present.
Duties: Legal advisor to Mayor, City Council
and all departments of the city; preparation of
budget and management of $2,000,000 budget;
management of staff of 28; management of outside
counsel; negotiation of contracts; supervision of
all li.tigation.
CHIEF ASSISTANT CITY ATTORNEY, City of Tampa,
Tampa, Florida, October, 1986 to March 1, 1988.
Duties: Assisted in administration of the legal
department; represented the City in Developments of
Regional Impact; prepared legal opinions
for City Council, Mayor, and city departments;
drafted ordinances.
ASSISTANT CITY ATTORNEY, City of Tampa, Florida,
Tampa, Florida, 1983-1986. , ~
Duties: representation of real estate division,
zoning and land use and claims department; drafted
ordinances, legal opinions, contracts and other legal
documents; responsible for litigation in area of
representation.
HEAD NURSE, Neonatal Intensive Care, University
of Illinois Hospital, Chicago, Illinois 1978-1979
Duties: Unit administration, Budgeting and
purchasing, personnel management, staff development
STAFF NURSE, Neonatal Intensive Care, University
of Illinois Hospital, Chicago, Illinois 1975-1977
Duties: Care of critically ill infants
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ATHENA SOCIETY
BOARD OF TRUSTEES, DACCO- SECRETARY 1993-1994
BOARD OF DIRECTORS, BRIGHT HORIZONS OF TAMPA BAY,
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LEADERSHIP TAMPA CLASS OF '90
ROTARY CLUB OF TAMPA
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~~AY 18 '199+
A'I"I'OHNIO:Y.A'I'-LJ\ \\'
I'OS'I' OFI"JCli; BOX r;.ll:li!:J
2" l\1l.'LEOll STHEWr
MEHI~IT'I' ISLAND, I"L. :l2f11j.t.l:l2:.1
407/4,,;I.IIBIIO
Human Resources Department
City of Clearwater
P. O. Box 4748
Clearwater, Florida 34618-4748
Subject: City Attorney
City of ClealWater
Dear Sir or Madam:
I would like to be considered for the position of City Attorney for the City of
Clearwater. Attached please find my resume and materials describing my professional
and educational background.
I have over sixteen years experience as an attorney representing local
governments. I was Brevard County Attorney for over four years and was an assistant
(eventually chief assistant) city attorney for the City of Orlando for seven years.
Attachment I to my resume lists the various public agencies that I have represented.
This experience has given me a broad background in issues that confront city
elected and appointed officials. I enjoy representing local governments and officials,
and I have developed significant expertise in this specialized area of the law.
I have experience supervising public agency attorneys and administering a local
government agency legal department. With the City of Orlando, I supervised three other
attorneys, the clerk to the code enforcement board, anq code enforcement and real estate
paralegals, and support staff, With Brevard Courlly, I supervised seven attorneys and
administered a budget of $986,000. I also oversaw the activities of outside counsel on
retainer to Florida's ninth 18rgest county.
Please review the attached materials and call me if you require or desire
additional background concerning my professional, educational of personal background
or experience. Thank you.
Very tru) YOLlr~, . \'-
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Robert D. Guthrie, Jr.
ROBERT D. GUTHRIEr JR.
25 MCLeod Street
Mcnitt Island, FL 32953
Phone: (407) 453-6690
Resume of
Position Sought: ,CITY AlTORNEY
EDUCATIONAL BACKGROUND
J.D. (with honors), 1976, Florida State University
M.S, (Urban & Regional Planning), ,1971, r:.S.U.
B.A., 1969, University of Florida
EXPERIENCE SUMMARY
I have sixteen years of legal experience in private and public practice. Public agency exporience includes
full time service as Brevard County Attorney (1988-1993) and Orlando Assistant City Attorney (1981-1988).
Areas of experience include: real property transactions; land use, zoning, comprehensive planning and real
estate development; public contracts, labor, and administrative law; eminent domain; and related litigation.
MAJOR TRANSACTIONS
· As County Attorney, negotiated a $23.8 million lease-purchase tmnsaction for a government operations
center, Involving a real estate conveyance, a design-build construction contract, a certificate of
participation bond issue.
· Prepared legal documents for devolopment of two county-owned golf COIJr~el;, one donated to the County
by a private developer and the other constructed by the County ddjaccnt to county-owned airport
· Prepared county municipal service benefit ordinance to allow for extension of public facilities, utilities and
roadways on <In ar;scGzmcnl bnzis.
. Negotiated for city a land-lease for development of the OrvlNl Hotel at the Orlando Ccntroplcx/Arena area.
, Served as attorney conveying land for Travelers' Insurance Co. building in downtown Orlando.
· Familiar with a variety of public and private finance methods.
COMPREHENSIVE PLANNING AND LAND DEVELOPMENT REGULATIONS
Represented a county during one dnd one-half yoars of administrative hcmings culminating in f,atisfactory
stipuiated settlement with state planning agency, approving one.of Florida's first comprehensive plans
pursuant to the currenl slate law. Implemented required ~nd development, impact fee and concurrency
regulations.
liTIGATION
Extensive experience In eminent domain, public conlract~, and land use litlgatlon. Administration Iiti.gation in
such ,:ne<lS as licensure and ei1tillcments, comprehensive planning, vested rigllts and water issues.
Co-counsel on appeal: Snyder VII. I3rcvard County, 18 FLW S522 (Fl::l., 1993), the most !3ignificant zoning
case in Florida in decades, and, First Union l3ank and Brevard County \IS. Ford, 16 FLW 01958 (51h
DCA, 1993), holding ~d valorem \aXC3 are not due on government operations center aCCjuircd pursuant to
IO<lse-purchase ~Hrangclllenl. '
SUMMARY OF LEGAL EXPERIENCE
Present
19B6-19D3
1981-19r.8
1977-19('.1
Privato Law Pradice on Merritt Island
Brevard County Attorney
Assistant Orlando City Attcrney
Priv4\te Law .Practice; part-timo oS:JilJtant
county ~ltorncy
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ATTACHMENT !
LOCAL-GOVERNMENT AGENCIES PREVIOUSLY REPRESENTED
BY ROBERT D. GUTHRIE
~
BOARD:OF COUNTY COMMISSIONERS OF BREVARD COUNTY - COUNTY ATTORNEY
- 1988 - 1993*
BREVARD METROPOLITAN PLANNING ORGANIZATION (MPO) - AGENCY ATTORNEY
- 1990 - 1993
MERRITT ISLAND REDEVELOPMENT AGENCY - AGENCY ATTORNEY - 1989 -
1993
CITY OF ORLANDO ASSISTANT (EVENTUALLY CHIEF ASSISTANT) CITY,
.ATTORNEY - 1981 - 1988*
ORLANDO REDEVELOPMENT AGENCY - AGENCY ATTORNEY - 1981 - 1988
COCOA REDEVELOPMENT AGENCY - AGENCY ATTORNEY - 1980 - 1988
BREVARD COUNTY PERSONNEL COUNCIL - PERSONNEL COUNCIL ATTORNEY -
1985 - 1988
CITY OF COCOA - ASSISTANT C~TY ATTORNEY - 1979 - 1982
CITY OF COCOA POLICE RETIREMENT BOARD - BOARD ATTORNEY
1981
BREVARD COUNTY CETA PROGRAM SPECIAL COUNSEL FOR
ADMINISTRATIVE HEARINGS - 1979 - 19~1
BREVARD COUNTY - ASSISTANT COUNTY ATTORNEY - 1977 - 1979
*Fu11 time/all others part time. ~
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Carl Edward Kern III, Esq.
276 N.E. 98 street
Miami Shores, Florida 33138
Home 305-757-6818
Work 305-357-7600
MAY
1 0 199;
Mr. M. Laursen, Director
Human Resources Department
city of Clearwater
P.o. Box 4748
Clearwater, Fl 34618-4748
Re: city Attorney
May 5, 1994
Dear Mr. Laursen~
Please consider this my application for the position of City
Attorney for the City of Clearwater. Attached is a current resume
which outlines my unique educational and professional
qualifications which I look forward to discussing in greater detail
with you.
I am presently serving as an Assistant Broward County Attorney a
position which I have occupied since 1989. In this capacity I
handle a broad range of legal assignments for the County Commission
and Administrative Departments. This professional experience, in
one of Florida's largest public sector law departments, would be an
invaluable asset in handling the numerous legal issues which the
City must effectively resolve in order to provide the efficient
delivery of services to the residents of Clearwater.
Prior to beginning my legal career I was fortunate to have worked
for many years as a senior administrator for the city of Miami. In
the capacity as Miami's Director of Parks and Recreation, I managed
very large staffs and administrated extensive budgets. This
administrative exper ience in budgeting, management, personnel,
procurement and government procedures gives me a unique perspective
which would enable me to deliver effective legal counsel to the
City commission and AdministrabJ.ve 'Departments of the city of
Clearwater. Additionally, this un'ique perspective has instilled in
me the necessity of implementing preventive law, risk management
and other cost saving administrative programs. which would be
essential in reducing the costly process of providing legal
services for the City of Clearwater.
I look forward to your review of my qualifications and to your
consideration of me as the City Attorney for the City of
Clearwater.
Sincerely, ~ ~
Carl E. Kern III, Esq.
Encl. resume
CAHL I~D\~' ARD KERN III
276 N.E. 98th Str~el
Miami Shores, Florida 33] 38
(305) 757-6818
OFFICE OF THE BRO\\' ARD
COUNT))' ATrORNEY
Govcmmcntal Center
115 S. Andrews Ave., Suite 423
Fon Lauderdale, Florida 33301
(305) 357-7600
PROFESSIONAL EXPEI~rENCE
19:-)9 to Pr~s~l1t:
OfTic(' of the Broward COllntv AttorrH'v
Eorll~~!!Lderda lc~ Florida
Assistanl County Attomey advising Coullty
DepaI1l1lcnts and independent bo;uds on legal m..lItcrs
involving enabling legislation, administrative law,
procedural issues and litigation. Provide daily legal
counsel to the Tri-County COI1lllluter Rail Authority, all
Agency of the Stale of Florida, on corporate, legal and
administrative issues. Draft legislation and assist Tri.R;lil
during the legislative session. Represcnt Tri-Rail before
State of Florid;} Agcllcies. (Tri-Rail Assignment 1990-93)
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IY~7 (0 IYSY:
l\1('J'SI101l, Sawvc,,'r, .Johnston, D\lllwodv \~ CIJil'
i.,,1 iam!,_FIQlj<Ji!
A tl01J1CS \vi 111 conccJ1tration in Rcal ESlalc Law,
Clllph;lSi zing the purchase anu sale of major propcrties,
ncgotiation of financial instrulllclHs and contracts,
Planning and 7..ol1ing La\v, represcntation of cliems
before. public boards ;lnd agcncies.
. 1
lY86 to 1987:
CilY or 1\1iami, n('par(Tlwnt or Dey<.~lopm('111
Miami, Florid;"
~
S.pecial Pn~ccts Coordinator rcsponsible for lhe
dcvelopment of planning options and developmcnt
strategies of properties owned by the City or Miami.
lY83 to IYSG:
City (Jr r\'liami, Parks & H('(T('iltioll J)<,'Oi\r(Il1('Il(
M jl!llli. \ JJ.''> Iii! 0
J)enj~n!ll~Jl.ILi.L~~~JQJ charged wi lh sUptTvi:.;ion of tile City
of Mi;lIl1i Parks <1nu Recreation Dcpm.tmcl1t which
included the following Divisions: Administration,
Opcrations, Recreation, Cultural, Design, Day Care,
Youth Services, Programs for the lIanclic<1pped, City
Cemetery and Golf Courscs. Managed Stale and Federal
Gr'ult !)rnOr"1Il1S
t . {.~ c. . .
-"
1977 to 1979:
SrH'1I Enyirun mental Grou 1,/Encinc('rs
and Planners
l.ansi,u;, Michigan
. .
.
1979 to 19H3:
City of Miami, Parks DeD~rtment
1Y1 i am i. Flo rida
Department Director responsiblc for supervision of
dcsign, constnlction, maintenance and managemcnt of
105 City parks. Grounds maintenance and contract
management of most City-owned land a.reas and public
facilities including City Ha.ll, fire and police stations,
golf courses, and ccmetcIY. Sc1ccted and managed
archi tectuml and engineering contracts, Directed in-
house design ::;tudio consisting of architects, landscape
archi teclS and planners.
Director, Planning and Landscape Architecture Division
responsible for supervision of planning and landscape
archi tectural staff and coordination with rn ultinational
engineering staff with offices in Lansing, Indianapolis,
Akron, Amman, Dacca, Manila and Tokyo. Projects
includcd: parks and urban design, coordination with
engineering directors for waste water systems, drainage,
\vatcr treatment plants and roadway projects.
1975 to 1977:
1\1illcl', \Vihrv and Lee/L~ndsl'~D(~ Archit<,cts
a lid Ene il1('<.~rs
l...o\lisville, Kcntucky
r.roj~lIldscapc Architect for urban design,
coml1lcrcial facilities, housing and park development
projects. Prepared and presentc.d land use and rc!-oning
cases,
.~
1975:
,
Du.' ArclJill'cts Collaborati vc/ArclJitccts
iUli.Lrlan n {' r s
r.i1l1lbJkJlll,.~s.~.i\ch 'lisen ~
r.[()jr.(L1...:amtSGll.l..<:_~rch ilcrl1Jral Assistant for site
plallning projecls. Prcpared working drawings for
hOllsing dt"vl'loplllt:1II and office complex. projects.
1.973 to 1975:
~.1\Si\liL-1\Ji~..dah"1i/l,nll dSnlp(\ An..:Jl it ('cts
HIHL1~lmlll~Gi
~N.i\l\'{WWll, j\1m~i\(h\.I~!..~.B1i
. l!lI.Jj\'I,,~l LiIUl.I:"\'\l1.'l.' t\n.:l1,il,>,_Cllifill Assistant for site
plWlIlill/'. IIH.'llIdillg plarmed unit developments, office
l'()lIlpll~Xl':-;. ilIHllllh:l1l d~sigll projects located in Nonh
A lIIl'riclI. Hili'll) x' alld (he Nl~ar East.
<<
1968 to 1971:
United States State J)~Dm.tl11ent
Washington. D.C,
Foreign Service Officer Reserve (FSOR) assigned to the
Agency for International Development in Vietnam.
Directed and managed Refugee Affairs for the City of
Saigon, Served as liaison coordinator for refugee affairs
and community development in the Mekong Delta.
1966 to 1968:
K('rn Nursery I..'\; Landscav(' Construction. Inc.
Cincinnati, Ohio
Assistant Manager for three-generation family landscape
construction and nursery business.
1964 (0 1966:
Penn' Corps
Washington. D.C.
Peace Corps Volunteer assigned to Chile CL'I a Forestry
and Community Development Advisor to tllC Chilean
Govenunent and the Food and Agricultural Organization
of the United Nations.
EDUCATION:
Univcr'sity of l\1iarni School of Law
Coral Gables, Florida
Juris Doctorate, August, 1987
Harvard University
Cambridge, Massacllusetts
Masters in Landscape Architccture, 1974
'Va bash Co)]e~c
Crawfordsvillc, Indiana
Bachelor in Libcral Arts, 1964
HONORS & A\VARDS:
Special Schools
1\1ial11i Police'l(\uxiIiary Academy, 1983
Vietnam Training Center/ \Vashington, D.C" 1968
COlllmunity Development Training
North Carolina State University, Raleigh, N,C, 1964
Tuition Scholarship, Wabash College
Partial Tuition Scholarship, Harvard University
Medal for Civilian Service in Vietnam
Presidential Certificate of Appreciation for Civilian
Service to the United. States (Lyndon Johnson)
I
w.
SPECIAL SKILLS:
Attorney - Florida Bar #0754714
L..1ndscapc Architect - Florida Registration 41777
Spanish - fluent
.
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From July 27 to August 11, 1992 I served as the City Attorney in
charge of the Legal Department of the city of West Palm Beach,
Florida. My employment was terminated when the City Commission,
,Mayor and City Manager could not agree on my appointment and I
returned to my current position as an Assistant County Attorney for
Broward County. Because of the brevity of the City of West Palm
Beach appointment I have not included this experience under the
heading of "PROFESSIONAL EXPERIENCE."
SOCIAL SECURITY NUMBER 289-36-5160
,",';"",--.c.,';
APR 2 7 199~
Karla A. Stetter
6955 Oldgate Circle
New Port Richey, Florida 34655
813-847-8120(Office)
813-372-2119(Home)
April 25, 1994
.' .
. .
Human Resources Department
City. of Clearwater
P. O. Box 4748
Clearwater, Florida 34618-4748
Dear Sir or Madam:
I am enclosing my resume in respon~ to your advertisement for a City
Attorney in the St. Petersburg Times. I am presently employed as the
Chief Assistant County Attorney with Pasco County and, as such, have
gained a trernendous amount of experience in management and local government
. law. In addition~ I have successfully handled over 1000 bench trials, 4
appeals' to the Second District Court of Appeal~ and several administrative
hearings.
I am confident that I possess the quality and depth of experience the
City is seeking. Consequently, I would very much appreciate an opportunity
to present my qualifications to you in person. I look forward to hearing
.from you.
~{
.'
KARLA A. STETTER
6955 Oldgate Circle
New Port Richey, Florida 34655
(813) 847-8120 (Office)
(813) 372-2119 (Home)
EDUCATION
· UNIVERSITY OF FLORIDA
Gainesville, Florida
Bachelor of Arts Degree In "English
';'
· STETSON UNIVERSITY COLLEGE OF LA\V
St. Petersburg, Florida
J uris Doctor \.
LEGAL EXPERIENCE
1986 - Present · PASCO COUNTY ATTORNEY'S OFFICE
New Port Richey, Florida
Chicf Assistant County Attorney
Scrved as Acting County Attorney from July, 1991 - October, 1991,
. Responsible for advising Board of County Commissioners and numerous other
departments including utilities, engineering, planning, zoning, building, code
enforcement, real estate, survey, personnel, purchasing and the Office of
Management and Budget.
· Negotiation skills through extensive litigation.
· Created and established the Pasco County Code Enforcement Board including
a users guide with by-laws.
. Serve as attorney to Planning Commission, Developmcnt Review Committee,
Land Development Regulation Commission, Code Enforcement Board,
Construction Licensing Board, Impact Fee Advisory Committee, and
Transportation Disadvantaged Board. Frcquently sit as attorney to the Board of
County Commissioners.
· Workcd extcnsi vely in preparation of Pasco County Comprchensive Plan and
Land Devclopment Code.
· Extcnsive Contract negotiation and preparation skills.
"
, ,
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.
t ...:'
1985
'.
CLEAR\VATER CITY ATTORNEY'S OFFICE
Clearwater, Florida
Law Clerk
· Assisted in preparation of litigation cases allowing process to progress
in an organized and timely manner,
· Preparation of various memorandums pertaining to planning, zoning
and code enforcement.
· Provided support to the Civil Service Board in conjunction with
City personnel matters.
1984-1985
..
C. \VAPE YEAKLE, III, ESQUIRE
St. Petersburg, Florida
Law Clerk ,
· Researched insural~e, contract and personal injury laws for preparation
of memorandums,
· Demonstrated ability to manage multi-functional tasks,
ADDITIONAL
EXPERIENCE
1982 ~ 1983
SUNSIIORE ACADEl\tIY , St. Petersburg, Florida
Mathematics Teacher
1980~1981
UNIVERSITY OF FLORIDA, Gainesville, Florida
Reference Department Library Assistant
1980
UNIVERSITY OF FLORIDA VETERINARY COLLEGE
Gainesville, Florida
Research Assistant
ADDITIONAL
TRAINING
\VORKSHOPS AND SEMINARS
Annual Local Government Law
Annual Land Use Law
Transportation Impact Fec Law
A"'ARDS /
AFFILIATIONS
Environmental Law Book Award
Volunteer Income Tax Assistance Program
Society orTrial Advocacy
West Pasco Bar Association
Florida Bar Association
REFERENCES AVAILABLE UPON REQUEST
~
PASCO COUNTY, FLORIDA
Office ojrrne County f4.ttorney
" Of. 00
J. Ben Harrill, Esq.
County Attorney
July 16, 1991
Karla A. Stetter, Esq.
Brent E, Simon, Esq.
Roy K. Payne, Esq.
Eileen M. McGlinchey, Esq,
RE: Karla A. stetter
To Whom It May Concern:
-: . \.
I am pleased to write this letter of recommendation on behalf of
Karla A. stetter who worked in my office for four years as an
Assistant County Attorney and who, for the last year and a half,
has servep. in the position of Chief Assistant County Attorney.
During her tenure with the Office of the County Attorney, Karla has
developed a unique expertise in the area of growth management and
land use law and has served as legal counsel to the County I s
Planning commission, Zoning Ordinance Revision Committee, Develop-
ment Review Committee, and Land Development Regulation Commission.
In addition to her expertise in land use law, Karla also developed
extensive experience in litigation and trial work which included
County and Circuit Court cases and appellant practice. During the
past. three years with the office, Karla has .personally assumed
responsibility for a number of major litigation cases and was
recently successful in seeking a reversal of an adverse decision by
the trial court from the Second District Court of' Appeal in a
complex land use case.
During my tenure as County Attorney I have found Karla's legal
services to be invaluable as she is a self-motivated individual
capable of recognizing both the practical and legal issues involved
and has demonstrated a marked ability to pursue expeditious and
equitable resolutions of such problems through her own resourceful-
ness. I believe that Karla's expertise in land use law and
thorough knowledge of local government law would be a significant
asset for any organization with which she is associated.
In the event you wish to discuss Karla's qualifications in further
detail, please feel free to contact me.
Sincerely,
\ ~ \\~
J. Ben Harrill
County Attorney
7530 Little noad . New Port Hiche)', Florida 34654 ' PHONE (813) 847.X120 ' FAX (813) 847-8021
" ", r"
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IN THE CIRCUIT COURT OF THE SIXTH JUDICIAL CIRCUIT
IN AND FOR PASCO COUNTY, FLORIDA
BON-BAR LEASING, INC.
Petitioner,
PASCO COUNTY, a political
sUbdivision of the State
of Florida,
Respondent'. -
Case No. 91-3323CA
Case No. 91-3324CA
Division: P
v.
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MEMORANDUM OF LAW IN OPPOSITION TO
PETITIONER'S MOTION TO RECONSIDER
Respondent, PASCO COUNTY (County), by and through the
undersigned attorney, hereby files its Memorandum of Law in
opposition to Petitioner's Motion to Reconsider.
ISSUES AND ARGUMENTS
H
il
Fla. R. civ. P. 1.530 (a) provides that "[on] a motion for a
rehearing of matters heard without a jury, ... ,the court may open
the judgment if one has been entered, take additional testimony and
enter a new judqrnent." There is no basic and fundamental right to
a rehearing and its purpose is only to give the trial court an
opportunity to consider matters which it previously failed to
consider or which it overlooked. stoner v. W. G. Inc., 300 So.2d
26B (Fla. 2d DCA 1973), cert. dismissed 291 So.2d 8 (Fla. 1974),
and Pingree v. Ouaintance, 394 So.2d 161 (Fla. 1st DCA 1981). A
motion to reconsider is appropriate only if the court overlooked
'and/or misapprehended points of law and fact, or as an opportunity
to correct prejudicial error or error injuriously affecting
substantial rights of the complaining party.
In this case, the
court had before it an extremely extensi'{e record consisting of
orders, determinations, conditions of approval, code provisions,
and verbatim transcripts pertaining to approval of the medical
waste facility in Pasco County. The October 31, 1991 Orders issued
by this Court in the above-referenced cases are thorough and do not
fail to consider ,the pertinent matters of this case.
The Petitioner argues repeatedly that res judicata and
collateral estoppel barred reconsideration of this matter by the
Board of County Commissioners on June 4, 1991, and that judicial
review of the case is also barred for failure to exhaust
administrative remedies. Moreover, the Petitioner has indicated
that since appeals of the B~rd of Zoning Adjustment and
Development Review Committee decisions were not filed within 30
days of the rendition of those orders, this Court is without
jurisdiction to hear the arguments here. The issues in this case,
however, stem from two written staff interpretations concerning the
previous orders issued by the DRe and BOZA. The staff's
interpretations were rendered in March 1991 and were timely
appealed by Petitioner to the Board of County Commissioners within
30 days of their rendition. An appeal to the circuit court was
subsequently filed within 30 days of the Board's June 8, 1991 Order
in this matter. In fact, the entire process was initiated by the
Petitioner who requested a written interpretation by staff in
February 1991 of the Orders issued by BOZA and the DRC. Once this
matter reached the Board of County Commissioners, that Board did
not vote to attach new conditions to the speciul exception that
2
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were not previously imposed, but merely voted in an appellate.
capacity whether to affirm or deny the staff's written
determinations.
The Petitioner argues ~hat this Court was in error when it
found there was no vested right in a "no poundage limitation" since
the Board of County Commissioners had previously upheld a
determination vesting the facility for 800 Ibs per hour. The court
is not in error, however, in finding no vesting in unl imi ted
poundage. In Hollywood Beach Hotel Company v. city of Hollywood,
329 So.2d 10 (Fla. 1976), the Supreme Court of Florida set forth
the elements of estoppel. A property owner is vested when he has
relied in good faith upon some act or omission of the government
and has made such a substantial change in position or has incurred
such extensive obligations and expenses that it would be highly
unjust and inequitable to destroy the rights he has acquired. It
has been agreed during these proceedings that no express condition
regarding poundage was imposed by either the Board of Zoning
Adjustment or the Development Review Committee. since there was no
condi tion, this Court was correct in finding there could be no
reliance on unlimited poundage. ,In other words, as stated by th1s
I
Court, Petitioner could not have relied on the action of BOZA and
planned on no poundage limits.
In Turkey Creek, Inc., v. City of Gainesville, 570 So.2d 1055
(Fla. 1st DCA 1990), the plaintiff owned property which was later
annexed into the city.
At the time of annexation, the parties
agreed to rezone the property and accept the existing stormwater
3
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drainage . system for certain areas wi thin the property. The
plaintiff. later put a restaurant on the property and the city
atte~pted to impose current drainage requirements. The court found
that a board may add conditions after zoning if changed
circumstances exist and/or the project is substantially different
from ~hat was proposed at the time of zoning.
The court stated
further that:
"Notw i thstanding this, it would clearly be
unduly harsh for the environmental integrity
of a municipality to be undermined by a past
decision that forever bound the Ci ty.
Therefore, if the trial court concludes on
remand that the 1981 judgment relieved TeI
from having to upgrade the drainage system in
Northwood Center, the City should have the
opportunity to show that changed circumstances
nevertheless warrant new drainage
requirements. It is a general rule that a
zoning classification which has been
judicially approved will be upheld under the
doctrine of .res judicata until a change in
conditions warrants a different result.-
Like the Turkey Creek case, circumstances here changed allowing a
poundage limitation to be enforced.
At the time of zoning
approval, Bon-Bar had a permit from the Department of Environmental
Regulations limiting the total waste burned at the property to 800
pounds per hour. The Court has ~rrectly found that they can onl~
,
be vested for that which was specifically approved, not upon a
silent no-poundage 1 imi tat ion.
The Petitioner has materially
changed its project from that initially proposed during the special
exception hearing.
The County should be able to look at this
substantial enhancement to the project and see if it complies with
its land use regulations. What the Petitioner seeks to go forward
4
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on and build is not what was approved by the Board of Zoning
Adjustment. In Warner v. Board of Review of the City of New Port,
243 A.2d 92 (R.I. 1968), the petitioners were previously granted a
special exception in 1952 to convert an existing large framed
dwelling house to apartment use. The grant specifically authorized
two apartments each on the first and third floors and seven
separate rooms for rental on the second floor.
In 1968, the
petitioners sought permission to construct three connecting
apartment buildings on the parcel, each of which was to contain
eleven apartment units.
The Supreme Court of Rhode Island found
that the use sought by the 1968 application was different from the
previous use granted and held that the Board of Review should have
heard and determined the application.
The court stated
specifically that:
"Where the subsequent application seeks a use
that does not partake of the character of the
use granted by way of the prior exception, or
if the use sought is of the same character as
that granted by the prior exception, but a
grant thereof would result in a substantial
intensification of the prior use, the owner
may not make such a use of the land as of
right. Rather, he must proceed to obtain a
special exception therefor in accordance with
the provisions of the enapling act and the
ordinance. " '".
Peti tioner argues that poundage limits may no!- now be imposed
because of the doctrine of res judicata.
In fact, the same
philosophy is followed when a landowner applies for a zoning or
special exception after an identical prior petition has been
rejected.
The only way it may be allowed is if conditions have
substantially changed since the first application was rejected.
5
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:
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This is, however, the argument of Pasco County.
The Peti tioner .
appeared before the Board of Zoning Adj ustment and proposed to
build a small facility for incineration of medical waste. At the
time it held a permit to b:urn 800 pounds per hour.
Two years
later, the Petitioner changed its mind and was desirous of building
a regional sized facility capable of burning over 4000 pounds per
hour of medical waste. In Metropolitan Dade County Board of County
Commissioners v. Rockrnatt Corporation, 231 So.2d 41 (Fla. 3d DCA
1970), cited by the Petitioner, the court held that the doctrine of
res judicata is applicable to situations such as this unless it can
be shown that since. earlier ruling thereon, there has been a
substantial change of circumstances relating to the project
sufficient to prompt a different or contrary determination. In
accord, Metropolitan Dade County v. Jennings Construction co., 196
So.2d 33 (Fla. 3d DCA 1967); Treister v. City of Miami, 575 So.2d
218 (Fla. 3d DCA 1991); and Burger Kinq v. Metropolitan Dade
County, 349 So.2d 210 (Fla 3d DCA 1977). Clearly, the size of the
project proposed by Petitioner has substantially changed. from that
ini tially proposed to the Board of Zoning Adj ustment in 1989.
Further,
in Monument Inn, ....Inc.' v. Board of Selectmen of
-r,
stockbridge, 371 N.E. 2d 1265 (Mass. App. 1979), the Board of
Selectmen issued a special permit to operate a hotel facil i ty,
including music, cultural programs and a lounge.
Duri.ng the
hearing, persons in opposition to the application voiced concerns
for the potential impact of the project on a private water supply.
The record of the proceeding notes that "the applicant and the
6
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citizens decided to solve this internal problem among themselves.
and ~ry to come up with a solution to their common problem. II The
official notification to Music Inn advising that its application
had been granted, however, did not specif ica lly refer to the
agreement among the parties or the conditions contained therein.
Seven years later, the Town of Stockbridge issued a cease and
desist order to Music Inn, contending that it had violated the
conditions of the special permit and requested it to take
corrective action. Music Inn sought a declaratory judgment to the
effect that the permit was unconditional, that the cease and desist
order issued by the Board was invalid, and that it had not violated
the terms of any zoning permit held by it.
The lower court
affirmed Music Inn's permit subject to eight conditions, none of
which the Board expressly imposed under the permit. The Appellate
Court found that although the court's authority to fashion the
judgment is limited, modification of a special permit is permitted
where "it is clear from the record that exactly the same ultimate
result would occur from a remand as that effected by ~he decree
II
. .. .
The court held further that" [i] t would be unconscionable to
leave Music Inn with a judgment awarding it an unconditional perm~ t
~ ~
,
when in our view the judgment entered determined nothing."
Similarly, in this case, this Court found'~that the Orders
previously issued by the Board of Zoning Adj ustment and the
Development Review Committee "determined nothing". The Petitioner
urges that it ~ould be unjust to impose poundage limitations on the
project when no such conditions were expressly stated in the BOZA
7
'. ." I .' ' . .' '" . ?..' . "
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or ORC orders. As implied by this Court in its Order and as set
..
forth in the Monument Inn. Inc. case above, however, it is equally
inequitable and unconscionable to allow Petitioner to burn an
unlimited amount of waste since that condition or "non-condition"
was not discussed or exPressed in the BOZA/DRC orders.
Consequently, the doctrine of res judicata does not apply.
Finally, the Court's Orders are correct in that they do not
direct the Board, to establish a "no poundage limit". Such an order
on remand is not within the jurisdiction of this Court under
certiorari review.
In National Advertising Company v. Broward
County, et al., 491 So.2d 1262 (Fla. 4th DCA 1986), the circuit
court erroneously ordered the County to quash a variance previously
issued and to remove an oversized billboard. The Fourth District
reversed that portion of the lower court's order directing the
County to remove the sign and noted that "[a] court's certiorari
rev iew power does not extend to directing that any particular
action be taken, but is limited to deny the writ of certiorari or
quashing the order reviewed. II
In accord, Tamiami Trail Tours, Inc.
-
v. Railroad Commission, 174 50.451 (Fla. 1936); Gulf oil Realty Co.
v. Windhover Association, 403 So.2d 476 (Fla. 5th DCA 1981); and ~
~
Lonqboat Key v. Kirstein, 352 So.2d 924 (Fla. 2d DCA 1977).
Moreover, in Palm Beach County v. Tinnerman, 517 'So. 2d 649 (Fla.
4th DCA 1987), the County appealed an order reversing the denial of
Mr. Tinnerman's application for rezoning and for special exception
by the Board of County Commissioners and, in fact, directing the
zoning authority to grant the application. The Fourth District
8
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.' found that:
"Classification of lands under zoning
ordinances involves the exercise of
legislative power. Thus, the doctrine of
separation of powers prevents the courts from
interfering with such exercise. Therefore, a
Court order which directs the zoning authority
to zone a property in a particular manner
violates the separation of powers doctrine.
City of Miami Beach v. Weiss, 217 So.2d 836
(Fla. 1969). Our instruction to the contrary
in Rural Newtown is obviously of no efficacy
in view of the Supreme Court's clear mandate
in Weiss. As we said in Orange County v.
Butler, 303 So.2d 66 (Fla. 4th DCA 1974) to
"direct the appellant to rezone such property
in accordance wi th the [appellee' s]
application does, indeed, constitute an
encroachment upon the exercise of the
legislative power of the appellant."
In accord, Lee v. Morales, 557 So.2d 652 (Fla. 2nd DCA 1990).
Similarly, any directive by the Court here remanding the case back
to the Board of County Commissioners for imposition of a zoning
condition
regarding
poundage
limitation
would
constitute
interference with the Board's legislative discretion in zoning
matters and violates the separation of powers doctrine.
WHEREFORE, based on the above caselaw and authorities,
Respondent, PASCO COUNTY, respectfully requests this Honorable
Court to deny Petitioner I s Motion --!or Rehearing and Clarification.~
.
Respectfully,
... ,0
/
ar a A. stet ~
Chief Assistant County Attorney
7530 Little Road
New Port Richey, FL 34654
813 847-8120
SPN 67614 BAR 0508985
9
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CITY OF ST. PETERSBURG
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(Jat;.. MAY. 3 -t 1994
CITY CLJ:ht\
The Honorable Rita Garvey
Mayor, City of Clearwater
Post Office Box 4748
Clearwater, Fl. 34618-4748
4 Ca~~
May 27, 1994
Dear Mayor Garvey:
Last fall, Mayor Sandy Freedman held a luncheon to discuss a media
campaign addressing the intolerance people display to one another
in the Tampa Bay Area. During the meeting with Mayor Freedman,
attended by st.Petersburg's Mayor David Fischer, pinellas County's
Commission Chairman Charles Rainey and yourself the parties agreed
the concept was sound and that such a media campaign would be
beneficial to our region.
Over the past eight months, staff from the cities of Tampa and
st. Petersburg and the The National Conference travelled throughout
Polk, Pasco, Hernando, Pinellas, and Hillsborough Counties to meet
with governmental entities, corporations and media organizations
eliciting support, both financial and programmatic, for a year-long
multi-media campaign.
Two weeks ago during the introductory press conference for the
campaign, "commUnity - Different People, Common Ground" - Mayor
Freedman and Mayor Fischer proudly announced that 11 television
stations, 23 radio stations, major newspapers, two billboard
companies, and HARTLINE Transit Authority have agreed to
participate in the campaign at no cost. We also announced that
Fahlgren-Benito, one of the most respected advertising agencies in
the Tampa Bay area, had agreed to provide its creative expertise on
a pro-bono basis throughout the campaign.
The CommUnity Campaign will cost approximately $100,000.00 over the
next twelve months. These costs will consist of professional
production work in creating the campaign materials, the salary of
a campaign coordinator, and various administrative costs. To date,
approximately $80,000 has been pledged from both public and private
sources.
City of SI Pelorsburq PO 130x ;?8.12 St PetlH'.il)wfj, r 1011d<1 ::n 73 1 CounCil MdnaOlJr Governrll(!lIt r,)loptloflil (8':1) B93.7171
. .
page (2)
These funds, when leveraged with the value of the media time and
space pledged by television stations, radio stations, newspapers,
billboard companies, and mass transit authorities, will amount to
more than 2.5 million dollars over the course of the next year.
On Thursday, May 19th the st. Petersburg city council voted
unanimously to participate in this extremely important public-
private partnership with a cash contribution of $10,000. The
organizers of the community Campaign has since appeared at a
workshop of the pinellas County Commission and has been recommended
by the County Administrator to receive a contribution of $10,000 at
the June 7th Commission meeting.
The Community campaign organizers are scheduled to appear before
~~~lf~:+~ar~a1:er,cityc,ou1')ci19n'i.J~n..e.14th~to ~ake a presentation. o~~
the CampaJ.gn and to,..request~. the',ii(.p1~y>;'.c9ntr.~but'~',:,.$5',>oq9,:~(rO.~:;J::9~~;be~
applied to the budget of the campaign.
I would be happy to schedule a meeting with you prior to June 14th
to discuss the campaign and to answer any questions you may have.
I can be reached at 893-7628.
If you would like to learn more about the community campaign,
please do not hesitate to contact me.
Sincerelb
~~, ~.,,-..
Herbert E. Polson
Intergovernmental Relations Director
Attachments
COWM ,,'
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Contact:
John Dunn
Director of Communications
(813) 274-8712
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Phol/e: H 13.628.880 I l'it.\': 813.621.665/
FIVE COUNTIES UNITE FOR COl\t~IUNITY CAMPAIGN
TAMPA, Fla. (May 3, 1994) -- A one-year campaign designed
to promote unity in a five county region of west central Florida kicked
off Tuesday with the unveiling of a series of public service
announcements that will constitute one of the largest media
commitments for any single issue.
"The Community Campaign," involving 11 television stations,
three cable companies, 23 radio stations and nine print publications,
will feature a series of public service spots, news stories, and prime-
time specials. It is targeted to people living in the west central Florida
counties of Hernando, HiIlsborough, Pasco, PinelIas and Polk.
In addition to the media campaign, The National Conference
(fonnerly The National Conference of Christians and Jews) will
coordinate a five-county citizens advisory committee to develop events
and activities to promote campaign themes, The National Conference
will also coordinate with the school systems in the five counties to
bring the themes into the classroom in the upcoming school year.
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711/1//1(/, FI,336/H
Pho/le: 8U628,HHOI F(/.I': 813-6JI-665/
Unity Campaign, Page Two
The idea for a unity campaign came from Tampa Mayor Sandy
Freedman last August. who was extremely frustrated with the negative
images of intolerance filtering into the homes of residents.
"I wanted some vehicle that would allow people who live here
to express the view that this type of behavior was unacceptable and
harmful to the entire community," Freedman said, "It just seemed we
were being constantly bombarded by the acts of a few bigots who were
setting the tone for west central Florida."
Sanford Cloud, Jr., president of The National Conference,
indicated this broad-based media effort, combined with the working
advisory committees and cooperation of each school system, could help
spark similar efforts around the country.
"We hope to use The Community Campaign as a model for
other communities across the country, II Cloud said. "America needs
many more partnership efforts between media, citizen community
groups and schools if we are to reduce prejudice and increase
understanding and respect for other cultures, \Ve must be willing to
begin the hard work of reconciliation--the healing of our nation--
community by community, classroom by classroom, heart by heart,
The fate of our country depends upon the work begun here in Tampa. "
- iV10rc -
Unity Campaign, Page Three
The media spots are designed to raise public awareness and to
COMM ' ' ,
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eliminate the stigma attached to people based on their age, race, sex,
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religion, physical characteristics, sexual orientation, or physical
disabilities. The campaign was developed without charge by Fahlgren
Benito, a Tampa-based advertising agency, It specifically targets
adults\parents, children ages 4-12 and the so-called Generation X young
adults.
"Obviously a media campaign will not eradicate intolerance in a
year," said Robert Doyle, executive vice-president and general manager
of Fahlgren Benito, "Our strategy was to devise a campaign that would
raise awareness, cause people to think about their perceptions of
different groups and cultures and to spur people to begin speaking out
against intolerance. II
The city of Tampa and the city of St. Petersburg fonned a
partnership in the early stages of the campaign to carry this effort to
cities and counties throughout west central Florida. \Vith the unveiling
of the campaign, formal presentations are being planned for a variety of
governmental and community-based entities in each of the five counties.
"I am very excited about the prospect of the five counties
working together to promote messages of unity," St. Petersburg Mayor
David Fischer said. "This is an idea that should help bring us all
together. "
- 30 -
COMN\ :
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. PARTICIPATING MEDIA:
CREATIVE LOAFING
FLORIDA SENTINEL BULLETIN
HARTLINE
JONES INTERCABLE
LA GACETA
LAMAR ADVERTISING
NORTHWEST NEWS
PARAGON CABLE
PATRICK MEDIA GROUP
ST. PETERSBURG TIMES
STONEWALL
TAMPA BAY LIGHTNING
TAMPA TRIBUNE
TELEMUNOO
THE GAZETTE
URBAN BUSINESS MAGAZINE
VISION CABLE
WEEKLY CHALLENGER
WINTER HAVEN NEWS CHIEF
WAMA - 1550 AM
WBON - 760 AM
WBHS - CHANNEL 50
WBSB - 96,1 FMMJPAS - 1400 AM
WCOF - 107.3 FM/\I\ISUN - 620 AM/VWVRM - 94,9 FM
WEOU - CHANNEL 3
WFLA - CHANNEL 8
WFLA - 970 AMMFLZ - 93.3 FM
WFNS - 910 AM
WFTS - CHANNEL 28
WHNZ - 570 AMIWH PT - 102.5 FM
WMNF - 88,5 FM
WMTX - 95,7 FM
WONN - 1230 AMIWPCV - 97.5 FM
COfAM ..'
1111/"1'<'1111'1'11/11.,. (II/JIIIII>I/ (,III/JI/t!
10002 Princess P(JI/11 Arenlle, Suite 324
7'al/ll)(/, PL 336/8
Phone: 813.628.880/ p(tl'; 813 ~62 / -665/
/(JOOl I'riIlCl~~' l'iI/1II An'lII/('. .I'lIill' 3J./
7i/l/l/!{{. n .Bo/S
I'lx)}/(': 813,628.88111 fit....: 8/.i.61 J.66S1
CREATfVESTRATEGY
, '"
,COWA .. '
.I Jljl"Il'/III"'''I,k ( fll/llllfll/ (,''''lIIltl,
While it is beyond the scope of a one-year media campaign to change
racist views, we hope to challenge people to think about how they
formed their perceptions toward different groups and cultures, and to
possibly alter those attitudes, The campaign also hopes to rally people
to shake their apathy and speak out against intolerance in order to
counteract the negative influences generated by hate groups,
There are many targets of intolerance--ethnic, religious, gender, age,
physical characteristics, sexual orientation and physical disabilities are
just some of them. Since the problem affects people of various age
groups and backgrounds, we have chosen a number of different
approaches to address the issues and to reach as many people as
possible.
The opening campaign will introduce the concept of tolerance and
appeal to a wide audience. As the concept becomes more established,
we will introduce further executions aimed at various audience
segments and with more pointed messages,
The entire campaign has three phases, Phase One is aimed at raising
awareness and getting people to re-examine their attitudes, Phase Two
will target specific groups--adults\parents, children ages 4-12, and
Generation X young adults--to not only reconsider their attitudes, but to
make changes in their daily lives and influence friends and family to do
the same, Phase Three will be a call to take action against intolerance.
Clearwater City Commission
Agenda Cover MemorandurIl
It em #
Meeting Date:
/0,
celt if/9 if
SUBJECT:
Yearly software maintenance for Ross Finance System
RECOMMENDATION/MOTION:
Award a contract, effective from 07/01/94 through 06/30/95, for Finance System
software support from Ross Systems of Redwood City, CA in the amount of
$50,880, in accordance with Code section 2.564(1) (b), sole source
181 and that the appropriate officials be authorized to execute same.
BACKGROUND:
The City purchased the Ross System financial software in July, 1992 including
General Ledger, Encumbrance Accounting, Purchase Orders, Inventory, Crossview
Plus Report writer and Fixed Assets. In order to receive periodic software
enhancements, source code updates, and on-going telephone support for the
products, a software maintenance agreement needs to be in effect. Ross
generally provides one or two major application upgrades, per product, per year
as well as unlimited phone support for any problems/questions the City may
have.
This contract continues maintenance coverage for the Ross financial system for
one year. The current contract expires on July 1, 1994. The software code is
proprietary in nature, and therefore can only be supported by Ross Systems as a
sole source vendor.
The 1993/1994 Department of Administrative Services Operating Budget includes
sufficient funds for this purchase.
Reviewed by:
Legal
Budget
Purchasing
Risk Mgmt.
IS
ACM
Other
N/A
?~11
N/A
,') ; ','
>~rL...
N/A
Originating Ocpt:
Administrative Scrvi 5
Costs:
$ 50.880
Total
commission Action:
o Approved
o Approved wlcondi t ions
o Deni ed
o Cont i nued to:
$ 50,880
Current Fiscal Yr.
User Ocpt:
Administrative Services
t'
Advertised:
Date:
Poper:
~ Not Required
Affected Pnrt i cs
o IJo t if i cd
~ No t Rcqui red
Furding Source:
o Capital Imp,
~ Operating
o Other
Attachments:
Contract
Subni tted by:
[-' ~;c:v
C ' Mo;tn'g~r
.] None
Appropriation Code:
555'09862-546200-590-000
....
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Invoice Oate: 04/14/94
Xnvoice No 607274
INVOICE
r:7:JROSS
~SYS1EMS
City of clearwater
10 South Missouri Avenue
Clearwater, FL 34616
Attn: Accounts Payable
Client Code
Sales Rep
SSS TWIN DOLPHIN DRIVE
REDWOOD CITYt CA 9406S
(41S) S93.2500
CIT02
CSZ
rer~$ Ne~ 3Q Days
Annual Maintenance Fee for thp following software licenses
tor the period 07/01/94 through O~/30/95;
Gt. WITH ALLOC.
ENCUMBRANCE:
ACCOUNTS PAYASL~
PURCHASE ORDE~
INVENTORY MANAGEMENT
CROSSVIEW PLUS
ACCOUNTS PAYABLE SO~RCE CODE
GENERAL LEDGER/ALlOe SRC CODg
INVENTORY CONTROL SOURCE CODE
PURCHASE ORDER SOURCE CODB
SOUCE tNCUMBRANCE
FIXED ASSETS SOURCE CODE
FIXED ASSETS
GEMaASE SINGLE USER FULL DEVELOPMENT
GEMBAS~ APPLICATION RUNTIME
9,GOO.OO
2,550.00
6,.750.0Q
6,750.00
6,J.50.00
2,700..00
750.00
750.00
750.00
750.00
750.00
750.00
7,SCO.OO
2,.400.00
1,980..00
"-------------
TOTAl. DUE
Total
SO,8BO..OO
. -------------
, ,ffi1 ~ \'(1 f1 ~1,,~~p(--
.W) '-~ . ". :..ij 07
1'eet 8 f R 1 A "' ~:'1J
.e.f
50,880.00
For proper C;l.~(,.\di t, pleAS~ l.~fe-:r.'pnce invoice nll.mbp.r on all paym~nts
mDmDgmD"f5~
OR'OINAI INVOIr.,:
Clearwater City Commission
Agenda Cover Memorandum
( tern #
Meeting Date:
II ,"
4~ 111/ ! 9 L/
SUBJECT: Ross System License Fee
RECOMMENDATION/MOTION: Authorize payment of
California for upgraded license fee of Ross
per original contract executed by the City,
2.564(1)(b), sole source
$30,500 to Ross Systems
Finance system software
in accordance with Code
c. + i
of Redwood'~
modules, as
section
~ and that the appropriate officials be authorized to execute same.
BACKGROUND: In May, 1992, the City executed a contract with Ross Systems for
financial system software. Ross software licensing fees are based upon the
model of the computer that the software is run on. The more powerful the
computer is, the higher the pricing "Tier". The City weighed the merits of two
different models of computers for the Finance system - a Digital Equipment
Corporation (DEC) VAX 4000-200 (a Tier II system) and a DEC VAX 4000-300 (a
Tier III system). The Tier II machine did not allow for future growth - it had
a 40 user limit and could not be upgraded to a more powerful machine in the
future. The Tier III machine had a faster processor, could support 64 or more
users and has a field upgradeable CPU board, allowing it to grow as the City's
demand on the system increases. The Tier III computer also allows a future
CPU/memory upgrade to a RISC based processor, another significant consideration
as technology, and the city, moves towards RISC and open systems computing.
As part of the price negotiations with the City, Ross Systems agreed to license
the financial system software on a Tier III machine at the price of a Tier II
machine ($151,300) for a two (2) year period. As stated in the original
contract addendum, number three (3), section 4a, at the end of the two year
period, the city agreed to pay an additional $30,500.00 for a license upgrade
to continue running on a Tier III computer. This contract will allow the city
to use the Ross software on the Tier III computer vlith no additional licensing
fees for up to 20 years. However, the City will continue to be responsible for
hardware and software maintenance charges, if approved each year by the
Commission, and may incur additional licensing fees if the computer is upgraded
to a more powerful (Tier IV) CPU.
Funding is available in CIP project #315-4755
Reviewed by:
Legal
Budget
Purchnsing
Risk Mgmt.
IS
ACM
Other
N/A
,...-\..,;
~~
/A '-
Originating Dept:
Adfllini~tri'ttivc crV1CCS
Costs:
$ 30,500.00
Totnl
COlllnission Action:
o Approved
o Approved w/conditions
o Dcni ed
o Continued to:
'--f~ }L-
~
User Dept:
Adfllini~;tl';\ttv~ Sc'rvil'c~,
$ 30,500.00
CUI'rcnt F i SCiJ I Y 1'.
Subni ttcd by:
Cit faf;&!
Advert i ~;ed:
Dote:
P;lJx'" :
c>J IJe't K('quiIC'cj
A f (ec t ed !',Irt i 1.':;
o 1<,)\ i I \c'd
C;) ~j (J I P. ':qu t I I.'U
fundillg Source:
~ C;Jpit;t! I11Ip.
o Opcr'-lting
o Othel-
A tt achulCnts:
L i.l'l'n~';l' Agmt. (jli1ge)
~~u~e
Appropr i a t i 011 Cexlc:
:~1'j-l-I.I':,'J-S20/rJ91J
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3.
4.
5.
,P~1rE Pt!!.O h1 /Jffro C/a.d €Xis-li~
LICf2V1Sfl. 47r~(U1?ewr
days to correct the reasons for rejection or Licensee may temlinnte the agreement
by providing written notice of such termination and returning nil copies of the
Products. If Licensee so terminates, RSI shall refund all license fees paid.
Section 4(8) - Additional sentence to be added at the end of the paragraph "The City
of Clearwater may mn the licensed software on a tier III machine at no additional /
charge for two years, commencing on the date of the contract. At the end of that
period the City must pay an upgrade fee of $30,500 (included in License fee) for
operating on a tier III machine. The model number of the machine that the Ross
software is to be pennanently installed must be named within twelve months of the
original two year expiration period. A Teir III machine is DEC model 4300, 4500,
6210, 82XX, 83XX."
Section 4(e) - additional sentence at the end of paragraph: "TIle City of Clearwater
is exempt from Florida Sales Tax and will provide a tax exemption certificate".
Section 4(d) - Additional sentence at end of paragraph: "A mutually agreeable cap
on expenses will be determined prior to commencement of work, using the
following rates:
Hotel $80 per diem
Meals $35 per diem
Car $45 per diem
Air $600 per Trip - based on sufficient notice of trip by client
to secure reduced airfare."
Section 5(d) - additional sentence at end of paragraph "Increases in maintenance
fees shall be capped at a 71/2% year to year increase, after year 2. Year 2 shall be at
15% of then current list price.
7. Section 10 (c) - Additional sentence, at the end of paragraph: "The City of
Clearwater shall be entitled to the same temlination rights as RSI. TIle delivery
dates of RSI enhancements shall have a 90 day grace period before the City may
exercise its termination rights. The City shall have the right to tenninate the license
agreement, upon the maintenance renewal date, with or without calise, without
penalty or financial obligation (except the fees listed on page 1 of the contract and
due as note in Section 1 of the addendum "General Terms and Conditions"), with
90 days prior notice. "
6.
,.1Jar.
';7
8. Section 12(e) -' replace the last word of the first sentence California with "Florida".
9. Professional Services to be paid as delivered.
1. 11le total of 3 t 2 hours as specified below will be provided. The hours may
be used as needed as specified by the client. TIle terms of usage is found in
RFP 140-91 under the section titled "Management Plan for
Implementation".
J"';
j .
,I
PRODUcr
General ledger
Accounts Payable
Purchase Order
Accounts Receivable
Fixed Assets
Project Management
Tala/Hours
146
24
36
72
72
-24
312
. . . ',. . .:', . ' . , ~ . .
..
AGREEMENT NUMBER
Cell~,r1~
555 Twin Dolphin lJri\"l'
Heclwonrl Cil~'. CA 9.WC.5.2102
(41:;) 593.2i)no
)
Cfv'\
~\\
kJ. ~Cj
r7:I J10SS
LC.II S\SIE~l~
'J,
ROSS SYSTEMS, INC.
COMPUTER SOFT\VARE LICENSE & PROFESSIONAL SERVICES AGREEMENT
(" AG REEMENT")
BUSINESS TERMS
Ross Systems, Inc., ("RSI") by acceptance of this Agreement by signature at its headquarters in Redwood City, California,
hereby grants to Licensee and Licensee hereby accepts a non-exclusive license (the "License") to use the software products
identified below.
LICENSEE:
City of Clearwater
ADDRESS: CIS Division
10 South Missouri Ave.
Clean,,'ater, FL 3[161b
Effective Date of this Agreement l2~2 7 ~91
Telephone: 8X~~O(HX~ilO(XK 01 - 4 2-6b 7l:,
Cont..ncl: Laura Chase
RSl Sales Rep: Hark Sullivan
ORIGINAL LICENSE Yes orADDmONALCPU
LICENSEE'S DESIGNATED CPU: MODEL: 4200
LICENSEE'S AunIORlZED SITE:
DATE OF
ORlGINAL
or UPGRADE LICENSE
CLUSTERED: Yes_No X SERIAL NO:
Current VMS Version
5.0
'~~
I ~
.J
FEES
PRODUCT NAME
Government Financial
Management System
CrossVie\.,r
Accounts Receivable
Inventorv Control
)t~x~
LICENSE MAINTENANCE TRAINING
FEE FEE SERVICES
DOCUMENTATION
FEE QUANTITY
See Addendum No
No
No
No
Charge 2 Complete Set
Charge 2 Complete Set
Charge 2 Complete Set
Charge 2 Complete Set
Other
PRODUCT TOTALS
S 151,300
$ 16B,594
$ 17,294
$ 35,100**
$ No Charge
PROFESSIONAL SERVICES
$ 1, l~ 00**
$34,476**
DESCRIPTION
See Addendum
See Addendum Section 9
)
J
TOTAL FIRST YEAR
CONTRACT PRICE:
$168,594
THE TOTAL FIRST YEAR CONTRACT PRICE IS PAYABLi.~
AS FOLLOWS: 9.~')lnlt{O:H~On:91y.t'I:b1Kx>tmi~t.\m<'mo;lJ\t(.;~
);.k-);T~'X ~H~}t~X~Cf;lRi;QH1{':.f.\;~ ~<')~X IX ;.tl;.i1-:lY ;{~):mX~;!f.~x X7NX~\l^~
~~}~~R>:{
1~ Product LJccllse -I- H"intl~n:1l1Ce.
-::lr Trninlng, i.mplcmcnultl.on nnd mndi.fi.cat\o\\ p:dd il~; del i.vered.
GENERAL TERMS AND CONDITIO:'\S
SECTION 1. DEFINITIONS,
(3) Agreement. The term "Agreement" means these General Terms and Conditions, the Business Tenns and all attached Exhibits and
Addenda
(b) Prod uct. The term "Product" means any of RSI's computer software programs identified in tile Business Ternls and includes p'
related materials, documentation and information received by Licensee from RSI. and all corrections, modifications aI,
improvcments of any of the foregoing that RSI may provide Licensee pur~uant to Section 5 of this AgTeement
(c) Deslgnaled CPU. The term "Designated CPU" means Licensee's central pr()res~ing unit as identified in the Business Terms,
(d) Professional Senlces. "Professional Services" means the services describcd in Section 6 of this Agreement.
SECTION 2. LICF.NSE.
(a) Grant of LIcense. RSI hereby grants to Licemee a nonexclusive and nontransferable liccnse, without rights of sublicense, to use
the Product for Licensee's own use as provided in this Agreement for the teon of this Agreement.
(b) Authorized Use. Licensee is authorize.d to use the Product only on a Designated CPU at LicerL<;ee's authorized site identified in llle
Business Terms, except that the Product may be used (i) temporarily on a substitute CPU of a substantially similar make and model
and using the same operating system while a Designated CPU cannot be used becau~c of temporary equipment malfunction or
maintenance or (ii) on a new Designated CPU of the same make and model and using the same operating system if a Designated CPU is
replaced by Licensee and Licensee erases the Product in any and all forms from all storage a~sociated with the old Designated CPU and
gives RSI notice designating the new Designated CPU within ten (10) days after the replacement. Licensee agrees that Licensee will
not permit the Product to be used by Liccnsec's customers or any other person or entity through a timesharing service, service bureau
arrangement or other multi-user or multi-site arrangements. Licensee wilt not attempt or permit anyone else to attempt to modify,
copy for distribution, reverse enginecr, revcrse compile or disassemble the object code for the Product. A separate set of Business
Terms requiring separate fees must be completed for c,1ch CPU.
(c) Title n nd Ownership, Licensee recogniz'es that RSI represents that llle Product and all portions, reproductions, corrections,
modifications and improvements thereof provided to Licensee hereunder are (i) considered by RSI to be trade secrcts; (ii) provided to
Licen..c;ee in confidence; and (iii) the exclusive and proprietary property of RSI (except as provided for in Section 2(d) below). Tille
and fun owneTship rights in tile PlOduct and such portions, rcproouctions, correclions, modifications, improvements, and all related
patent rights, copyrights, trade secrets, trademarks, service marks, related goodwill and confidential and proprietary infonnation, lire
reserved to and shall remain wi III RSl. Licensee agrces not to remove or destroy any copyright, trade secret, proprietary or
confidential legends or marking placed upon or contained within the Product; and Licensee will reproduce and include all such legends
and marl-lngs within copies of the Product made by Licen..<;ee. in wholc or in part, for Licensee's own use.
(d) Su btlcenslng, As a subdistributor of software products, RSI is authorizcd to sublicense certa in third party software products.
Licensee recognizes and agrees that title and o\\TIership of all software nnd plltent.~, trademarks, trade secrets and cop)Tights relating
to software distributed by RSI arc the exclusive property of those third parties with which RSI has entered into a Sublicense
Agreement.
SECTION 3, DELIVERY,
(a) DeJlver)'. RSI shall provide Licensee with (i) executable object code for the Product. (ii) copies of the Product Documentation \
specified in the Business Temls, and (iii) training services as set forth in the Business Terms (if any), Training services will 1. )
conducted at RSI's premises and will be scheduled at a mutllally convenient time.
(b) Shipping. Delivery shall be F~.,~~i'Q1.~.~~%.q~~:\~~~XI)\~>t)tip~~)o:X~~~~W~<){*,~~~*W
~t< Clearwater, FL LL~
SECTION 4, PAYMENTS
(n) First Year Contract Paymen X1{d<lO'G1Xffi:\lXrdBK:ah\"tMiKJin&\*xpo.}'A&lK~X~\~f~XHo:g;}'iAXfijlOup&t&igfub!j}O{}l.}U.{
JarXQ{:}i*KW>YXlli.~dC}ffiili ~}fKiliilil\iJ1g: I()$XS\~~:om >>X.*1UYJ.lfxXPf({d{lC f\lk:fi\: ~ X S c e Add end u m
(b) Professional Services, Professional service fees not included in the tota] first year contract price will be invoiced monthly as
the services arc performed and will be due within thirty (30) days of the date of thc invoice.
(c) Late ch:!rges. When invoices arc past due tilirty (30) days or more, a late charge of one and o!1(~.half percent (1.5%) of the pa.st due
amount will be added for each thirty (30) days past due. I
(d) Travel and Living Expenses. Licensee will reimburse RSI for the necessary and reasonable costs incurred by RSl's
representativc(s) to pcrfornl training services, Professional Services or any oLher services hereunder, for travel and living expenses
whcn such services are performed at Licensec's site.
(e) Taxes, In addition to all charges specified in ulis Agreement. LicelL~ec ,....ilI p:lY or reimburse RSI for all sales, use, ....alue added anu
sirnilar taxes based on the ch3Jges payable hereunder and any personal property, privilege or other taxes based on Licensee's
possession or use of the Product which arc 110W or may hcreafter be imposed under the authority of any taxing jurisdiction. Licensee
shall not be rcsponsible for any t:L't:es related to RSI's income.
SECTION 5, ~fAINTEN^NCE AND SUPPORT.
(a) Maintenance. During the tenn of this Agreement. so long as RSI offers maintenance and support for a givcn Product to RSI's
customers generally and Licensee pays RSl's mainlenance fees then in effect for that Product, RSI will provide Licensee with
maintcn:1.ncc and S\lPI-XHt for Ulat Product as follows: (i) RSl will provide assistance, by telephone or dial-up direct computer access,
to the extent technically feasible to causc that Product to pcrfoml in accordance with its published specifications set forth in th~
product manual prov ided to License c; (ii) RS I will prov ide Licensee wi th all improvements, extensions and other changes to tJln t
Product as devcloped by RSI that RSt provides gencl:llly at no addi\ional cost to its OVlcr maintcrlallC't' cur,lomcrs for vlat Product
("ImprovcrnenL,"); and (iii) RSI will update tll:!! Product if and as required so as to causc it tn ol'Crate in conformance with new
versions or rc!e:\ses of the opcr:lting systcms fnr the Designated CPU idcnlificd in the B\\<;inc<,$ TCllllS ("Up,htes") so lonr, a$ such
Updates arc tC'chnic:tlly fe:tsibll' for that Produ,:t and }'~Sl rro\'ides such Updates gCllerillly 10 it., cur,tomrrs for that Product.
/<'laintcfI,111c(' will be provided f(1T the thell current \'('r~,i(ln of Ill:!! Product, as specified l'y RSI. If Licemc(' f:ti!s to purch:tse
r:ninlcnancc ror \h:tt Prl1duC'!, or if Stich ll1aint/'narlCc i~ !<'Tlllin:\ted, I.ic/'nscc may continue to ll';e that P10duct purSllant to the licemr.
r,rarlted hl'leundcr hut will rwt I....... clltitlt-d tn fl'Ceivc 11l:lint/'rJ:1lIC'~ :;crvi('c~ for tJ1:\t J'fndul't, To It.'in:;late such scrvin's, LicclIsl'C' 111\ \
ray all llIainlclI,1ncl~ fces for jv:riods dllrill!~ which Li'T!1Sl'l' did not purcha.'.c Inaintcn:\llce, on a ctlll1ul:ttive basi';, togetht"T wi, )
inlncS! thl.'Tel'lI COlIIl'OUl1ckd alllllJ:\lly :\t the ratc (If tell 1'<'ICI'nt (][1'.;;,) pn illlllllJll C()nlllll"lI("in~: with the c;t.pir:llinl1 or lcrrllinalion 01
the laS! I':\id rn:tin!(,l1ance l"'ri(\(!, II Liccrl.';['/' d()c"; !lO( P;\y [or 1I1:lil1((,l!;lfI\~(' lor th:l[ I'rl,ducl, l.iccll';cc will not Ix' eligiblc to rl'ceivc
Sollie" ('(de phcl'd in er.ClI)W for l.icI.:w"',,,; ill Ih..' l'vellt \{S\ i~, \l1\ahh- 11\ 11l:)ill!;\11l 111:\\ I'lilt!\II:t.
)
"',~
J
(b) Maintenance Fe~, Maintenance fe~s for all periods of the lMm of this A~eement are pllyable in advance and will be ch.ar&ed at
the then currenl maintml\llce rare u de..~cri~ in RSrs lhen currenl roflwllJ'e price IlsL
(c) Cancellation. RSI may cancel i1.5 mUnlenlnce obliguion for any given Product if Licem~ declines 10 implement my Upd.t.e to
thlll Product which RSI provide,., at no additional chllJ'ge lO all Licensees receivin& mll.mtenance from RSI for that ProdUCL In the
event of mell clUlcellation. if Licem~ Is up to date on its mainlr:rlllnce paymenu, RSI will make a pro rata refund of the maintenan~
fee. bIl.H''(1 on the time remaining in the maintenMce period then in effect
(d) Renewal, For ellch such subsequent yellT, RSfs obligntion 10 provide mllintenll.nce and support ~e:rvice.! and Licensee', obligation lO
pay the mainlenllnCe and support chuges then in effect shall be lutomaliczlly rOlcwed on the anniversary date of UCeT13ee',
Ilccept1lI\~e of this Agreement.. unless either RSI or Licensee hu jtiven the other at leAst thirty (30) days written notice cancelling
RSr, mamlenance and support. If there iJ an inCTell.~e in annual maintenance and mpport chlUge.! over the preceding year, Liceruee
may III so prevent such automatic renewal by giving RSI written notico of uncellation within thirty (30) days of receipt of RSI's
invoice showing such inCTell..~e,
SECTION 6, PROFESSIONAL SERVICES
RSI lIgrees to provide professional Ilnd oonrutling services, computer npplicltiom and 5)'stems which Licensee authorizes from time to
time by the plAcement of Work Orders IS described below, Professional Services will be furnished by RSI in accmdance with the followinK
terms and conditioll5:
(a) Work Order. Upon the request of Licen.~ee.. RSI will prepare a Work: Order in duptic!\te cont!\ining, amonK other provisions, I
description of the services to be performed and lUl esrimate of tho penonnel service. effort.., proce.~sinS chuses. and other relalod
casU. No obligation with respecllO ?rofe.!sional Services shill be incurred by either pliny herero unless and until a Work Order h..,
been e:r;ecuted in accordl\11ce with this Agreement All Work: Orden shall be subject to the lemu Ilnd conditions set forth herein. In
the event any provision(s) contained in a Worle Order connict(s) with my terms. conditiolU or clauses in this Agreement.. the
provisiom of this Agreement shftll govern.
(b) Acceptance by Licensee. Licensee, upon acceptance of RSI's estimate of charges. shall execute the duplicate WOlk Order form
in the splice provided and return bolh fully exectlted copies to RSI. RSI will rentrn to Licell5ee one fully executed copy.
(c) InspHtlon. All work under a Worle Order shall be subject to inspection by Licensee to the extent practicable at any rea.sonable
time and place. Any inspection by Lice~e shllll be performed in such 1\ mllnne:r IU nollO unduly delay the work.
(d) Change.!!, Licemee mllY from time 10 time make changes, in writing, in the scope of worle: set forth in the Work: Order. If Iny such
change causes an inCIen...~e or decrellSe in the estimated charges from thaI originally agreed upon. . new or amended Worle: Order
renecting the changes will be initiated,
(e) Ownership. All executable programs, lmd all programming documentation relating thereto. including specificatioru developed by
RS I hereunder shall bclon~ to RSI. provided that RSI shall grant Licensee the ri~hl to U5e such programs !U provided in Soction 2(b)
of this Agreement Notwithstanding any provisiorn of this Agreement.. RSI may utilize freely any and all ideM, concept!, methods,
know-how or techniques related to progrllffinUng and processing of datA. discovered or developed by RSI during the perfonnance oC
Professional Services.
SECTION 7, WARRANTY AND LIABILITY
(a) Warranty for Products, RSI hereby wnrrants thllt the Product, AS delivered by RSI, will be capable of operating substantiaUy in
confonnance wir.h the Product's published specifications set forth in the product documentation. Licen.~ee's sole and exclusive remedy
for bre3ch of wlU1'anty by RSI wilt be to have RSI provide the mllintennnce s.ervice$ specified in Section .5(a).
(b) Warranty for Professional Services. RSI hereby warrants that my software developed thlOUgh its provision of Professional
Services will be supp<:lrted by RSI for a period of thirty (30) days from the date of delivery, i\.fter ruch period. Licensee will be
charged for nny SlIPf'Ort requested on a time lUld materials basis,
(c) EXCEPT AS SPECIFICALLY PROVIDED TN THIS SECTION, RSI MAKES NO WARIVWTlF.s EITHER EXPRESSED OR lMPUED ,tSTO
ANY MATTER WHATSOEVER, AND DISCLAIMS AlL IMPLlED H!ARRAIYJIES. INCLUDING, WITHOUT LlMITATION, THE
CONOJi/ON OF TilE PRODUCT OR PROFESSIONAL SERVICES PROVIDED llEREUNDER, THEIR MERCllANTABlUIT, OR THEIR
FrrNESS FOR ANY PAlITICUUlR PURPOSE.
(d) Acts or Licensee. A:ny modification of the Product not made by RSI or any failure by Licensee to implement MY Improvements
or Updates to the ?rO<luct as supplied by RSI will void RSI's mlUnlennnce l\l1d support obligations under Section 5. RSI's W\l1Tll1lty
under Section 7 and RSI's indemnity under Section 8. unkss Licensee has obl.3ined prior v.ntlen authoriZlltion from RSI permitting
such modific:Hion or failure to implement
SECTION 8, PATENT AND COPYRIC;HT INDEMNIFICATION.
RSI agrees to indemnify Licensee and to hotd it harmless from any and all claims of infringement of United Slates patents. copyrights,
trademarks, trade secrets, or oUler proprietary rights of third rallies. lISserted against Licensee by virtue of Licensee's use of the Product Ii!
delivered and maintained by RSI on a Designated CPU, provided that RSI is given prompt notice of 3n)' such claim and the right to control and
direct the investigntion. preparation. defeme and settlement of each such claim. and further provided that Licensee rellSonably cooperate~ with
RSI in connection with U\e foregoing and provides RSI with all information in License~'s possession relnted to such claim md further
lI.SsiSl..'Ulce lI.S re:15onably requested by RSI. RSI will h^ve no oblif;ation to indemnify Licen..o;~e to the extent any such claim U based on use of
the Product with softwnre or equipment not supplied or e'Xpressly included within this indemnific3tion in IIdvance and in writing by RSI.
Should the Product II...~ delivered nod rnaint.1jn~d hy RSI on the Desif;mred CPU ~come. or in RSI's opinion be lileely to become, the subject of
IlIlY such claim. RSI m!\y 3t its ortion procure for Liceu..t;('e the rir.ht to continue to use the Product 3.0; contemplnted heretmder or may rep!l\ce or
modify the Producl to malee ils lI.<:e noninfrinRin~, or should sllch optiom not be aVllilable at rell.o;on:'lhle e:r;pense. lhen RSI mllY lerminate this
Apeement upon thirt)' (30) dl\Y~ prior wrinen notice to the Licensee without further obligalion othn thlln H provided in Sections 9 and 10
hereof e:r;cep! u follows: Rst ~hall morn!'tly refllnd [0 Licen..'= a sum equal to one..sixtielh of (he lic(':n~.e fee pl\id for the affected Product f~r
each month remainin& of a five ye:u period lxginning with the effl"ctive date of this Agreement, plus :a pID ua amount of the ptepud
mainlen:ulce ch:uges for the affected Product for the ~riod then in eff('ct, if my, paid by Ucen.~eeo
SECTION 9, CONFIDENTIA LIT\"; NONDISCLOSURF.,
LicC'mC'e 1Ip,leC's Ih:ll: (II) the Product. all rehwf inform:'ltion and materinls received b)' Licemee from RSI unda thi5 A~reement, and the
terms of this ^!;leermnt it~C"lf are and will t~ lTC':lt/"'d l\.~ the confidenti'll pr()r'(~rty of RSI; (b) all ide3~, algorithms. technique.5, methods Ilnd
proce~st"~ med in th~ P[(\{lllct 3re and ....ill t~ tre:\ll'd a5 the conridential prop.o:-rry of RSI; (c:) Licms{"e ,....ill ey-ercise all re3..~onllble effe;rt5 to
s^fl'gu:ml lhe confide-ntiality of ~II pf the fO[C'f,oing; (d) none of the f(1TC'going nor any rut thr-rt"of be dllplic3te.d or in IIny .....ay disclosed to
olht'n. or \1~e(1 ao; part of :my pro.lllct of Lict:'1lSt"(.'S in whole Dr in p:ut. wi thou! lhr. trior wrinr.n ~TTnis~ion of RSI. Ucensee Ilgree, to
indl'lllnih' RSl for all (bma.~I'.s, cO',!.,; anll r1:l'l'omr-s (including "'fl III t (('~t.~ and Ir:l';o[\ahJI' altorrwy~' fC"r~) incllrred hy RSI in connection witt.
any failll;C" of Licensee or its l"T1Iployrr.~ or agr-nl..': II) cotlll'ly with Li:r-ll'.{"I"o; 0bli!',atillno; lInt!c-r this S{"ction, 11\1' ohli~i\lions of the Licemee
)
set forth lbov~ however, shall not apply to confidential property which (i) is now or here lifter ~comes publicly known: (ii) iJ di!~c\o~ed 10
the Uceruee by a third party which the Uceruee hu no reuon 10 believe i.. not leglUly entillNi 10 di."c1o~e such infonnll.lion: (iii) is Ienown by
the lJcensee prim to iu receipt o~ the COnfidetltial property: (iv) is subse-que1ltly developed by the Licensee independently of any di$c1oSUles
made hereunder by RSI: (v) is disclosed with RSI's cxmse:nt; or (vi) i.$ disclosed by RSI to a third party without similar restrictions. The
obligatiolU in this Section 9 shall survive the termination, expiration or recission of r..tili Agreement.
SECTION 10. TERM AND 1'ER~nN^TION
(I) T~nn. The License term of this Agreement shill commence upon the execution by Ut='l...o;ee of this Agreement u provided in the
BU5in~s Terms and shall continue for twenty (20) yean unless terminated ill acconiAnce with this AgreemenL Training service. Ira
valid fOt' one year from the effective date of thU AgreernenL .
(b) Bu'" for Termination by RSI. RSI will have the right immediately 10 termimte thi.. A~r~ment if: (i) Licensee is delinquent
in making payment of Ilny sum due lmder thi.. Agreement and continues to be delinquent for a period of thirty (30) days ..fta the bn
day on which such payment ~ due: or (ii) Licensee commiL~ any other bTeach of tlW Agreement and fails to remedy such breach
within thirty (30) days after Licensee receives Mitten notice of such breach.
(c) Other Remedl~; Damages. The right of termination under this Section shall be in addition to any other right Of remedy either
party may Iulve hereunder.
(d) Disposition on T~rmlnat\on. Upon the termination of this Agreement for any reason, the License granted hereunder and all
rights of Licensee to the Products will immediatety cell.~e. lUld Licensee will immediately: (i) reCum to RSI. or destroy, the Products;
(ii) purge all copies of the Products from all Designated CPU's and from any computer storage device or medium on which Licemee
ha.s placed or has permitted othen to place any copies of the products: and (iii) give RSI a written certification that through i13 ben
efforts and to the best of its knowledge, Liceru;ee has complied with all of its obligation.! under this Section 100d), Termination will
not affect Licen.~ee's payment obligatiolU to RSI arising prior to termination.
SECTION 11. LIABILITY. '
L1mllallon... on RSI's LLablllty, RS( SHAll NOT BE UA.BLE FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL OR OTIIER
DNvtAGES ARISING our OF TIlE DEllVER Y,lNST AlLATION, OPERA llON, MAINTENANCE OR SUPPORT OF TIIE PRODUcr BY
RSI OR UCENSEES USE OFTIIE PRODUCT AND PROFESSIONAL SERVICES PROVIDED UNLESS DUE TO RSrS NEGUGENCE..
UCENSEE AGREES 11M T (EXCEPT AS PROVIDED IN SECTION 8 (pATENT AND COPYRlGIIT INDEMNIFICA 1l0N) ABOVE). RSI'S
UABIlITYFORDAMAGES,IF ANY,SHAlLNafEXCEED 11 IE o IARG ES PAIDTORSI BY UCFNSEEFOR USE OFTIIEPROntXT
TO WInCH SU01 DAMAGES RElATE UNDER nus AGREEMENT. NO ACOON, REGARDLESS OF FORM, ARISING OUT OF ANY
TRANSACTION UNDER TIllS AGREEMENT MA YBEBROUGHf BY EH11ER PARTY MORE 11 IAN ONE YFARAFTER 11IEINJURED
PARTY HAS KNOWLEDGE OFTIIE OCCURRENCE wmal GIVES RISE TO 1HE CAUSE OF SUCH ACI10N.
SECTION 12. GENERAL.
(a> Entire Agreement. This Agreement constitutes the entire agreement between the parties nnd supersedes all prior agreements.
understMldings, negotistiolU and discussion of the partie!':. There are no warranties, representations or agreements ll11long the partie.s
related to the same subject mlltter, except IU expressly set forth herein. Any and all modificlltions of this Agreement must be made by
mutual agreement of the pnrties and must be in writing, signed by an lIuthorized official of Licensee zmd RSI.
(b) Waiver, Amendment or Modification. The waiver, amendment or modification of any provi.~ion of this Agreement or a,
right. power or remedy hereunder shall not be effective unless in writing and signed by the party against whom enfor~ment of SUCil
waiver, amendment or modification is soughL
(c) Successors and Assigns. All the tenns and provisions of this Agreement will be binding upon and inure to the benefit of the
'parties hereto, and their successors, l\Ssigns and legal repre..o;entative5, except that Licensee may not assign or otherwise transfer this
Agreement or the li~e granted herein without RSl's prior written consent. Any attempt by Licensee to do so without that colUent
will be void.
(d) Escrow or Source Code. RSI has deposited the source code for the PToduct into an escrow account with an independent escrow
agent. National Safe Depository, San Jose, California. If RSI is umble 10 provide maintenance, Licensees that are current on their
maintenance payments will be provided with the source code 10 the Prcxillct by the independent escrow agenL
(e) Governing Law. The validity, coru;truction and perfonnance of this Agreement :md the legal relations among the pllrties shall be
governed by and construed in accordance with the laws of the State of California. If:my provision of this Agreement is held invalid
or unenforceable, the remaining provisions of this Agreement shall remain in full force and effect.
(f) Attorneys' Fees. In the event of any action to enforce this Agreement. the prevailing party shnll be entitled to recover from the
other its court costs and reasonable attorneys' fce..o:, including costs and fees on appe:\l.
(g) Accep tance. Acceptance of this Agreement by RSI is mme condition!'.1 to assent by Licensee to all terms, and only such terms, as
are herein contained. Assent by Licensee in !. way which adds to or modifies the provisions he-rein conl4ined shall not act 1.\ lUl
assent.
(h) Captions. The captioru of the Agreement are solely for reference and have no legal effect whatsoever lUld shall not in any way
affect the interpretAtion or construction of thi.s Agre~enL
. AUI110RIZED SIGNA TIJR.ES:
Agreed. this
day of
, 1991:
UCENSEE: ~~of Clearwa
SIGNA11JRE: _~~
NAME: t-1ichLlel J.
ROSS SYSTr~\iS, [N~'O____!1 iJ
SIGNATUR.E: ~-'/!(.'/~\)""Ujj~'l
7
NAME: _~u:l_Snldll
1111.1:..: C. fl)
TII1..E:
C i t Y i1 an II q 0. r
11/9 1
"..'
f
COMPUTER SOFTWARB: LICENSE
ADDENDUM
BETlfEEN
THE CITY OF CLEARWATER
AND
ROSS SYSTEMS, INC.
Business Terms:
1. Insert after the first sentence: "RSI agrees to provide such services as generally
recognized as necessary for the reasonable operation of the software products
identified by this agreement in the following attachments which are incorporated
herein by reference:
1 . Licensee's Proposal 140-91
2. RSI's Response to RFP 140-91
In the event of conflict or inconsistency between the provisions of this agreement,
the tenns of the respective documents shall prevail in the following order of
precedence:
'it,'!.~,1''c.
1.
2.
3.
License Agreement/Pu bl ished Documentation
Licensee's RFP 140-91
RSl's Response to Licensee's RFP 140-91
General Terms and Conditions
1. Section 3 - add the words "and source code" after object cqdi in the first line.
2. Section 4(a) - Payment Terms '
TIle total software license fee which includes first year maintenance ($168,594) to
be paid as follows:
License fees and first year maintenance
25% ($42,148,50) due upon signing of this Agreement
75% ($126,445.50) due upon acceptance of products on or before siK (6)
months from signing of this agreement, or as provided for in the "Acceptance
Period" section.
Professional services, training and modification fees herein identified as services
to be paid as delivered.
"Acceptance Period"
..... ,.,'
RS I agrees to provide the Products in executable fonn for a period of one-
hundred and eighty (180) days, commencing June 30, 1992, and to provide
training and consulting assistance so Licensee may test the Products to ensure that
they completely meet its requirements. Licensee shall be entitled to test the
Products by whatever means it deems appropri(lte. At the end of the one-hundred
and eighty (180) day period, Licensee shall notify RS I of its acceptance or
rejection of the Products. If no written notice is received by RSI by the end of the
one-hundred and eighty (180) day test period, the Products are deemed accepted.
Licensee shall exercise its option to have RSI extend the acceptance period 90
pto-<:je Feow, 4IfroC/a.d EXi5fi~
L I cri'vls-e ,4 r r.e. em e.,..:-t-
days to correct the reasons for rejection or Licensee may tenninale the agreement
by providing written notice of such tennination and returning all copies of the
Products. If Licensee so terminates, RSI shall refund all license fees paid.
3. Section 4(a) - Additional sentence to be added at the end of the paragraph "The City
of Oearwater may nm the licensed software on a tier III machine at no additiOnal/
charge for two years, commencing on the date of the contract, At the end of that
period the City must pay an upgrade fee of $30,500 (included in License fee) for
operating on a tier III machine. The model number of the machine that the Ross
software is to be pennanently installed must be named within twelve months of the
original two year expiration period. A Teir III machine is DEe model 4300, 4500,
6210, 82XX, 83XX."
4. Section 4(e) - additional sentence at the end of paragraph: tiThe City of Clearwater
is exempt from Florida Sales Tax and will provide a tax exemption certificate".
5. Section 4(d) - Additional sentence at end of paragraph: "A mutually agreeable cap
on expenses will be determined prior to commencement of work. using the
following rates:
Hotel $80 per diem
Meals $35 per diem
Car $45 per diem
Air $600 per Trip - based on sufficient notice of trip by client
to secure reduced airfare."
Section 5(d) - additional sentence at end of paragraph "Increases in maintenance
fees shall be capped at a 71/2% year to year increase, after year 2. Year 2 shall be at
15% of then current list price.
7. Section 10 (c) - Additional sentence, at the end of paragraph: "The City of
Clearwater shall be entitled to the same tennination rights as RSI. The delivery
dates of RSI enhancements shall have a 90 day grace period before the City may
exercise its termination rights, TIle City shall have the right to temlinate the license
agreement, upon the maintenance renewal date, with or without calise, without
penalty or financial obligation (except the fees listed on page I of the contract and
due as note in Section 1 of the addendum "General Tenns and Conditions II), with
90 days prior notice."
6.
8. Section 12(e) - replace the last word of the first sentence California with "Florida".
9. Professional Services to be paid as delivered.
1. TIle total of 312 hours as specified below will be provided. The hours may
be lIsed as needed as specified by the client. The terms of usage is found in
RFP 140-91 under the section titled "Management Plan for
Implementation" .
"'-....
PRODUCT
General ledger
Accounts Payable
Purchase Order
Accounts Receivable
Fixed Assets
Project Management
Totalllours
146
24
36
72
72
_24
312
2.
Modifications in the amount of $1,400 were specified in the vendor
response to RFP 140~91 and are listed below:
ye"""..
" ,
a) Ability to process items tlmt do not require purchase orders, such as
travel and authorization for disbursement forms (pg, 40 #5).
8 hours - To be completed as Purchase Order (current version) software
is being implemented.
b) Blind receiving capabilities (pg. 40 #55),
8 hours - To be completed as Purchase Order (current version) software
is being implemented.
10. Commodity Code Processing:
RSI's current product plans anticipate that the next major release of Purchase Order
will include Commodity Code processing. RSI expects this release (known as
Release 2.3) to be available in 12 months from contract date. This release will
include at least eleven digits for commodity class, sub class and item number for
use in the vendor master file. RSI will pennit the Licensee to review all
specifications of the Commodity Code capabilities and will allow input by Licensee
that does not mate~ally change the scope of the design of the Commodity Code
capabili ties.
11. Training which is paid for as delivered is to be provided as follows.
DAYS
COURSE #
#OF
PEOPLE
10
10
10
10
LOCATION
Clearwater
Clearwater
Clearwater
Clearwater
GL/RS
GLNRS
RW/RS
GLOP/RS
3
2
2
2
2
2
Clearwater
Clearwater
AP/RS
APPO/RS
10
10
2
1
1
4
2
2
10 Clearwater PO/RS
10 Clearwater PORP/RS
10 Clearwater EAlRS
10 Clem-water ARSClRS
10 Clearwater IC/RS
10 Clem-water CV/RS
STUDENT DAYS
27
Clearwater City Commission
Agenda Cover Memorandum
) ~.
Item #
Meeting Date: ____
~/(~/CfL(
SUBJECT:
Residential In-Fill Study
RECOMMENDATION/MOTION:
Authorize the City of Clearwater to enter into a contract with the Florida
Center for Community Design and Research to develop a study of the Clearwater
In-Fill Housing program in the amount of $19,928 in accordance with Florida
Statues 287.057 (3) (f) (13) and City of Clean-.'nter Code of Ordinances Section
2.564(1) (d) Another Governmental Entity,
~ and that the appropriate officials be authorized to execute same.
BACKGROUND:
In our fiscal year 1993-94 goals and performance indicators the Economic
Development Department has committed to expand the In-Fill Housing program
target area. The intent of this study is to analyze the potential for
expanding the In-Fill Housing target area into the South Greenwood
Neighborhood and to determine the optimum new housing development potential
for both North and South Greenwood neighborhoods.
For this fiscal year the Economic Development Department has an authorized
staffing of nine positions. Two of these positions have been vacant through
the entire year. The services of the Florida Center will replace those of the
vacant staff on a one time basis.
As part of the mid-year budget amendment, the department transferred a portion
of the unspent salary and fringe benefits to the contractual services account
# 010-01520-530300-554-000. The budget authorization for this account is
$31,330. Funding is available in this account for this contract.
The Florida Center for Community Design and Research is a Type I Florida
University Research facility. Under Florida Statues citation 287.057 (3) (f)
(13) as a governmental agency they are excluded from the competitive sealed
bid requirements.
Reviewed by:
Legal
Budget
Purchasing
Risk Mgmt.
CIS
ACM
Other
~
'J
-e ':'11\
N/A'
tJ.LA
tg, rL
Originating Dopt: ~.~~
Economic Development
Costs:
$ 19,928.00
Total
Commission Action:
D Approved
D Approved w/conditions
D Deni ed
D Continued to:
$ 19.928.00
Usor Dopt:
Current Fiscal Yr.
Submitted by:
-,w;U
C. MaZr
Advertisod:
Date:
Paper:
~ Not Requi red
A Hecled Partie.
D Notificd
~ Not Rcqui rcd
Funding Source:
D Capital Imp.
t?3 Opcrating
D Othcr
A ttaehmeRts:
Proposed Contract
D None
Aplllopriation Code:
010'01520'530300-554-000
~ Printed on recycled pnper
CONTRACT FOR CONSULTING SERVICES
by and between
THE CITY OF CLEARWATER
and
THE FLORIDA CENTER FOR COMMUNITY DESIGN + RESEARCH
This Agreement made as of the _th day of
Nineteen Hundred and Ninety Four:
in the year
Between the CLIENT:
City of Clearwater
and the CONSULTANT:
The Florida Center for Community Design +
Research
University of South Florida
Master of Architecture Program
3702 Spectrum Boulevard, Suite 180
Tampa, FL 33612
The CITY and the CONSULTANT agree as set forth below:
PROJECT INTENT
The intent of this project is to analyze parcels of residential
land in the North Greenwood and South Greenwood districts of the
City of Clearwater, which currently are vacant or which the City is
proposing to clear, and to develop recommendations and design
criteria for their optimal development.
PROJECT BOUNDARIES
The boundaries of study area follow the demarcation of the North
and South Greenwood districts in the City of Clearwater's Future
Land Use Plan. The number of vacant parcels and sites to be
cleared in South Greenwood is not yet determined. An earlier study
of the South Greenwood district identified over 100 vacant parcels
and several properties which need attention.
ARTICLE I.
THE CONSULTANT'S RESPONSIBILITIES
A. SCOPE OF SERVICES
Phase IA: Field Survey (4 weeks:
)
Florida Center staff will analyze current uses throughout the
districts through a comparison of field findings with the City's
zoning map and future land use plan. The location and size of
vacant and to-be-cleared parcels will be mapped. Staff will study
these parcels as well as the use and conditions of adjacent
parcels.
Phase IB: Analysis of Demographics and Market
Page 1 of 4
, ,
" " ' " , . ' " . , ' , .~ '., ' '. " . . . " . '
Florida Center staff will analyze the densi ties, demographics,
development history, and representative residential market of the
study area. The type and number of residential units will be
identified by field survey and Census data. Census data regarding
demographics of these two districts will be reviewed. Florida
Center staff, working with City staff, will review records of
development activity which has occurred in the study area in the
past five years. With assistance from City staff, Florida Center
staff also will review the appraised values of representative
residential parcels within the study area.
PHASE I TOTAL COSTS
$ 4,613
Phase IIA:
Deter.mination of Development Potential (4 weeks: )
Florida Center staff will review applicable development regulations
to determine if and how vacant or to-be-cleared parcels may be
developed. Parcels will be coded according to their development
potential. Specific regulations which restrict development for
particular parcels (i.e., minimum frontage requirements) will be
noted.
Phase lIB:
Identification of Study Area Residential Needs and
Criteria
Florida Center staff will work with consultant Benjamin Withers and
with City staff in meeting with North and South Greenwood community
leaders and other civic leaders to identify what types and mix of
residential units are needed in North and South Greenwood.
Discussion will also address the potential range of rental and
mortgage rates, and the availability of assistance programs.
PHASE II TOTAL COST
$ 5,050
Phase III:
Development of Desires Residential Composition and
Development Criteria (4 weeks: )
From these meetings, Florida Center staff will prepare a summary of
the desired composition and prices of new housing units for the
study area, as well as development criteria for each unit type.
Criteria will address regulated and desired siting and construction
issues such as setbacks, on-site parking, landscaping, building
massing, and roof type. Florida Center staff will present the
summary of desired housing composition and criteria to City staff
for review and comment. Revisions will be made to prepare for the
following phase.
PHASE III TOTAL COSTS
$ 3,667]
Phase IV: Draft Infill Plan with Alternative
Development Options (4 weeks:
and
)
Preferred
Page 2 of 4
Florida Center staff will identify development options for vacant
and to-be-cleared parcels, in accordance with current development
regulations. Such options may include the subdividing or
consolidation of parcels.
These development options will be reviewed in light of achieving
the overall study area needs and criteria, and with regard to the
character of adj acent parcels, to determine a preferred development
option for each parcel.
A draft infill plan of the study area vacant and to-be-cleared
parcels will be developed, using the preferred development options
for each parcel. This draft plan, together with the summary of
desired housing composition and development criteria, will be
presented to City staff. Following City staff approval, the
material will be presented by Florida Center and City staff to
North and South Greenwood community leaders for comment.
PHASE IV TOTAL COSTS
$ 3,175
Phase V: Summary Report and Presentation (4 weeks:
)
The proposed infill plan of the study area vacant and to-be-cleared
parcels will be summarized in a document which incorporates the
comments of City staff and community leaders. The document will
contain a discussion of the analysis and needs identification
processes, the desired housing composition for the two districts,
an illustrated section addressing development criteria, a listing
of alternative and preferred development options, and the proposed
plan. It is anticipated that this summary document would be
presented by Florida Center and/or City staff to the City
Commission for adoption.
PROJECT TOTAL COST $19,928
B. METHOD OF PAYMENT
Contractor may bill at the end of each phase for the actual
expenses accrued for that phase.
C. OTHER TERMS AND CONDITIONS
IN WITNESS WHEREOF, the parties hereto have caused this Contract by
the duly authorized officials on the day and date first indicated
above.
THE FLORIDA CENTER FOR COMMUNITY DESIGN + RESEARCH
ATTEST:
BY:
Page 3 of 4
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4,IIY/?'I
Clearwater City Commission
Agenda Cover Memorandum
Item #
Meeting Date: ____
SUBJECT:
North Greenwood Commercial District Study
RECOMMENDATION/MOTION:
Authorize the City of Clearwater to enter into a contract with the Florida
Center for Community Design and Research to develop a study of the North
Greenwood Commercial District in the amount of $19,916, in accordance with
Florida Statues 287.057 (3) (f) (13) and City of Clean.,ratcr Code of Ordinances
Section 2.564(1)(d) Another Governmental Entity,
~ and that the appropriate officials be authorized to execute same.
BACKGROUND:
In our fiscal year 1993-94 goals and performance indicators the Economic
Development Department has committed to prepare one neighborhood zoning study.
The intent of this study is to analyze the economic redevelopment potential of
the North Greenwood Neighborhood.
For this fiscal year the Economic Development Department has an authorized
staffing of nine positions. Two of these positions have been vacant through
the entire year. The services of the Florida Center will replace those of the
vacant staff on a one time basis.
As part of the mid-year budget amendment, the department transferred a portion
of the unspent salary and fringe benefits to the contractual services account
# 010-01510-530300-519-000. The budget authorization for this account is
$22,500. Funding is available in this account for this contract.
The Florida Center for Community Design and Research is a Type I Florida
University Research facility. Under Florida Statues citation 287.057 (3) (f)
(13) as a governmental agency they are excluded from the competitive sealed
bid requirements.
Reviowed by:
Legal
Budget
Purchasing
Risk Mgmt.
CIS
ACM
Other
~
{\0
(A,r::'rll
. N/A
~
Originating Dopt: ~~,
Economic Development
Costl:
$ 19,918.00
Tota l
Commilsion Action:
o Approved
o Approved w/conditions
o Den i cd
o Continued to:
$ 19,916.00
Ulor Oopt:
Current Fiscal Yr.
Advertilod:
Date:
Paper:
181 Not Required
Affected Parties
o Not i f i ed
181 Not Rcqui red
Funding Source:
o Capi tal Imp.
181 Operating
o Other
Attachmonts:
Proposed Contract
o None
Appropriation Code:
010-01510-530300-519-000
.~.
~. Printed on recycled paper
CONTRACT FOR CONSULTING SERVICES
by and between
THE CITY OF CLEARWATER
and
THE FLORIDA CENTER FOR COMMUNITY DESIGN + RESEARCH
This Agreement made on
Hundred and Ninety Four:
day of June in the year Nineteen
Between the CLIENT:
The City of Clearwater
and the CONSULTANT:
The Florida Center for Community Design
+ Research
University of South Florida
3702 Spectrum Boulevard
Suite 108
Tampa, Florida 33612
The CITY and CONSULTANT agree as follow:
PROJECT INTENT
In this project, the Florida Center for Community Design + Research
will identify community and economic development opportunities in
the North Greenwood Commercial District, within the City of
Clearwater, through recommended changes to development regulations
and review processes.
PROJECT BOUNDARIES
The North Greenwood Commercial District occupies an approximately
1800' section of North Greenwood Avenue between Palmetto Street and
Grant Street, in the City of Clearwater. Properties fronting North
Greenwood Avenue which are designat.ed as "Commercial/Tourist
Facilit.ies" in the Future Land Use plan of the City of Clearwater
Comprehensive Plan comprise the st.udy area. The remainder of the
North Greenwood district, and the development along North Greenwood
Avenue between Drew Street and its terminus at Harbor Drive will
provide a context for the study,
ARTICLE I.
THE CONSULTANT'S RESPONSIBILITIES
A. SCOPE OF SERVICES
Phase IA:
Review of Current Regulations and Review Processes
The Florida Cent.er, working wi t.h the staff of t.he City, will
identify and review regulations and review processes affecting the
North Greenwood Conm1ercial District, as well as other Commercial
Districts in the Cit.y, Relevant document.s include the
Comprehensive Plan, Zoning Ordinances, Land Use Development Code,
"Infill Commercial Zoning District" regulations, Florida Enterprize
Page l of 3
"Infill Commercial Zoning District" regulations, Florida Enterprize
Zone Regulations, and the North Greenwood Design Guidelines.
Phase IB:
Field Survey and Conditions Analysis
Florida Center staff will conduct a field survey of the study area
and surroundings. The conditions and features of North Greenwood
Avenue will be documented, including lane widths, sidewalk widths
and conditions, plantings, street signs and lights, and public
utilities. Florida Center staff will document businesses along the
corridor, including business types, building conditions, signs
parking, types and conditions of site features and infrastructure
(such as on-site retention).
As part of the analysis of area conditions, Florida Center staff,
with the help of the City, will review police reports, census data,
and interview district business leaders.
PHASE I TOTAL COST
$ 9,960.00
Phase ,IIA:
Identification of Needs
Following a review of the district conditions and market it
currently serves, Florida Center staff will identify the district's
development needs.
Phase IIB:
Development Potentials
Florida Center staff will prepare a plan which locates needed
improvements to public infrastructure and existing business, and
which identifies potential redevelopment and new development.
opportunities by parcel. Potential funding and marketing
strategies to realize the potential opportunities will be prepared.
Phase IIC:
Recommended Changes to Regulations and Review
Processes
Florida Center staff will prepare proposed changes to existing
regulations and review processes which will: 1) enable potential
redevelopment and new development to occur; 2) serve as incentives
for such development to occur; and, 3) expedite the means by which
new or redevelopment occurs.
PHASE TWO TOTAL COST
$ 6,322.00
Phase III:
Draft, Revisions and Summary Plan
The proposed changes will be included in a draft and final summary
document which will highlight the current conditions of the area,
what a revitalized North Greenwood Con~ercial Area could be, and
means to achieve it. The means to revitalize the area will be
detailed according to regulatory and review changes I available
Page 2 of 3
funding mechanisms, and marketing strategies. Florida Center staff
will present the draft document to the City and to a meeting of
North Greenwood business and community leaders for review and
comment. Florida Center staff will present the final document to
the City Commission in a workshop setting.
PHASE III TOTAL COST $ 3,634.00
TOTAL PROJECT COST $19,916.00
B. METHOD OF PAYMENT
Contractor may bill a t the end of each phase for the actual
expenses accrued for that phase.
C. OTHER TERMS AND CONDITIONS
IN WITNESS WHEREOF, the parties hereto have caused this Contract by
the duly authorized officials on the day and date first indicated
above.
FLORIDA CENTER FOR COMMUNITY DESIGN + RESEARCH
ATTEST:
BY:
Director
witness
Countersigned:
CITY OF CLEARWATER, FLORIDA
By:
Elizabeth M. Deptula
Interim City Manager
Rita Garvey
Mayor-Commissioner
Approved as to form and correctness:
Attest:
-
M~ A. Galbraith, Jr.
Senior Assistant City Attorney
Cynthia E. Goudeau
City Clerk
Page 3 of 3
-
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Clearwater City Commission
Agenda Cover Memorandum
Item #
Meeting Date:
) 4.
~ <<L//9Li
,
SUBJECT:
PURCHASE OF STEEL GAS PIPE
RECOMMENDATION/MOTION:
Award an annual contract from June 15, 1994, to June 14, 1995, for the purchase
of various sizes of steel gas pipe to Consolidated Pipe and Supply of
Birmingham, Alabama, at an estimated cost of $160,870, which is the most
responsive and responsible bid submitted in accordance with specifications
~ and that the appropriate officials be authorized to execute samc.
BACKGROUND:
This bid represents Clearwater Gas System's estimated annual requirement for
steel gas pipe. The Florida Department of Transportation requires steel pipe
to be installed whenever pipe is to be laid within five (5) feet of the edge of
pavement. Steel pipe is also used to construct new and replacement mains.
Four (4) bids were solicited, and four (4) bids were received. Consolidated
Pipe and Supply was the lowest and most responsive bid submitted in accordance
with the specifications.
For comparison, the total bid reflects a $4,750 or 3% increase as compared to
last years' bid as follows:
Item Quantitv Last Year This Year $ Change % Chanqe
2" Pipe 4,000 $1.66/ft. $1.43/ft. .23/ft. (14)
4" Pipe 5,000 $2.72/ft. $2.83/ft. .21/ft. 4
6" Pipe 8,000 $3.96/ft. $4.15/ft. .19/ft. 5
8" Pipe 20,000 $5.21/ft. $5.39/ft. .18.ft. 3
These materials will be issued from the respective inventory codes and charged
as appropriate to Capital Improvement Project, 315-96359-563300-532-000,
Pinellas Expansion, or capital Improvement Project, 315-96360-563300-532-000,
Pasco Expansion as installed.
..,...,"" -
~,:'
N/A
N/A
0~
User Dcpt:
Clearwatcr Gas System
$ 53,700 estimated
Current Fiscal Yr.
commission Action:
o Approved
o Approved w/conditions
o Deni ed
o Continued to:
Revi cwcd by:
Legal
Budget
Purchasing
Ri sk Mgmt.
CIS
ACM
Other
N/A
Originating Dcpt: \
Clearwater Gas System .
t:} :~' /
Costs:
S 160.870 estimated
Total
Slbnittt.'{f by:
P~U-':'-_1
& A-V
Ci~un, er
Advertised:
Date: 04/08/94 04/15/94
Paper: Tampa Trib Pin Co Rev
o Not Required
Affcct~ Parties
~ Noti fied
~ Not Requi red
FlJlding Source:
~ Cap; tal Imp.
o Operating
o Other
A ttachnk..">f1ts:
Bid Tab & Sunmnry
o None
Appropr i at i on Code:
423'00000-141120-000-000
o Printed on recycled pnper
$
#
~
The available balance of $2,325,774.87 as of May 10, 1994 in Capital
Improvement Project, 315-96359-563300-532-000, Pinellas Expansion and
$3,897,372.00 in Capital Improvement Project, 315-96360-563300-532-000, Pasco
Expansion, are sufficient to provide funds for this contract.
Monies spent after October 1, 1994 will be included in the recommended FY 94/95
budget. An estimate by fiscal year is as follows:
93/94
94/95
Total
$ 53,700
$107,170
$160,870
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-
Clearwater City Commission
Agenda Cover Memorandum
Item #
Meeting Date:
1 L)
'----
G({(fl{(L
SUBJECT:
PURCHASE OF YELLOW 2306 POLYETHYLENE PIPE AND VARIOUS FITTINGS
RECOMMENDATION/MOTION:
Award annual contracts (6/15/94 to 6/14/95) to purchase the estimated
requirements for yellow 2306 polyethylene gas pipe and fittings to the
following vendors who provided the lowest and most responsive bids that met
specifications: M.T. Deason Co., Inc., Birmingham, AL, at an estimated cost of
$307,579.90; Perfection Corporation, Madison, OH, at an estimated cost of
$59,563.75; and Phillips Engineering Co., Inc., Clearwater, Fl, at an estimated
cost of $30,629.75 for a total estimated cost of $397,773.40
~ and that the appropriate officials be authorized to execute same.
BACKGROUND:
This bid represents Clearwater Gas System's (CGS) estimated annual requirements
for yellow 2306 polyethylene gas pipe and fittings to be ordered as needed. The
contract period will be 6/14/94 to 6/13/95. The pipe and fittings are required
for the construction of gas mains and services to meet new customer requests.
Yellow 2306 polyethylene gas pipe is used in our low pressure distribution
service area which we operate at 60 pounds of gas pressure. This area is
generally south of Curlew Road. We use black 3408 polyethylene gas pipe in our
high pressure northern area which is designed for 100 pounds of gas pressure.
Our black gas pipe annual contract was awarded 12/13/93 to M.T. Deason Co.,
Inc., Equipment Controls Co., Phillips Engineering Co., Inc., and Perfection
Corporation.
Twelve (12) bids were solicited for yellow gas pipe and fittings. six (6) bids
were received. There were two (2) no responses and four (4) no bid responses.
The bids were evaluated and awarded based on the lowest price. None of the
vendors who submitted bids quoted on all items; therefore, we separated items
to realize the maximum cost savings. Uponor Aldyl Company submitted a bid that
was the lowest price on 17 of the total 97 items. However, their firm did not
meet one of the major conditions to bid. To qualify to bid a vendor must
document that their materials meet certain standards and provide a plant tour
User Dcpt:
Clearwater Gas System
$ "6,000.00 estimated
Current Fiscal Yr.
commission Action:
o Approved
o Approved w/conditions
o Denied
o Continued to:
Reviewed by:
Legal
Budget
purchnsing
Risk Hgmt.
CIS
ACM
Other
N/A
-j 1
'A..,..
W/A
N/A
e-..)'-"
originating Dcpt:
Clearwater Gas System
Costs: $397,773.40 esti~tcd
Total
Subni tt(,xf by:
<7'/(P~g~'--'--
ci tv Hnnilj.Jer
Advertised:
Date: 04/22/94 04/29/94
Paper: Tampa Trib Pin Co Rev
o Hot Required
Affccted Parties
~ No t i f i ed
~ No t Requ ired
FlI'lding Source:
~ Capi tal Imp.
o Opera t i n9
o Other
Attachments:
Bid Tub
o None
Appropriation Code:
. 423-00000-'41'20-000-000
.~.
~~ Printed on recycled paper
. # ~,' , .. I , . " .
. , . .. . -' ---,.... .' :
- 2 -
of their facilities for inspection and approval of their quality control and
statistical tracking measures.
Proper quality control and statistical tracking measures are essential in the
manufacturing process of polyethylene pipe and fittings. The Natural Gas
Industry has experienced documented material failures of polyethylene materials
because of sub-standard quality control and statistical tracking measures.
Polyethylene pipe and fittings are the major component of CGS's infrastructure.
The safety and integrity of our system depends on the performance of the
polyethylene ma~erial. Therefore, we can not qualify a vendor until we have
approved their m~nufacturing process.
After careful evaluation, the Gas Superintendent recommends awarding the bid as
follows:
Group 1,Items 1-30 to M.T. Deason Company
Group 2,Items 1-7 to M.T. Deason Company
Group 3,Items 1-3, & 5-7 to M.T. Deason Company
Group 3,Items 4, 8-13 to Phillips Engineering Company
Group 4,Items 1-4 to Perfection Corporation
Group 5,Items 1-6 to M.T. Deason Company
Group 6,Items 1-4 to M.T. Deason Company
Group 6,Items 5-8 to Phillips Engineering Company
Group 7,Items 1-4 to Perfection corporation
Group 7,Item 5 to M.T. Deason Company
Group 8,Items 1-3 to Perfection Corporation
Group 9,Items 1-16 to M.T. Deason Company
Group 10,Iterns 1-4 to Perfection Corporation
Group 10,Itern 5 to Phillips Engineering Company
Total
$ 31,240.75
194,150.00
5,193.00
19,648.50
13,750.00
16,397.15
1,187.50
481.25
28,335.00
21,165.00
16,735.00
38,246.50
743.75
10,500.00
$397,773.40
The Purchasing Manager concurs with this recommendation. The contract will be
charged to CGS's inventory code and charged out to the proper Capital
Improvement Project budget as dispersed.
The available balance of $2,883,916.36 as of May 11, 1994 in our Capital
Improvement Project budgets (Pinellas Expansion, Line Relocation - Capitalized,
System R & R - capitalized and Line Relocation - Maintenance) is sufficient for
FY 93/94 expenditures. Funds for costs to be incurred after October 1, 1994,
will be requested in the recommended FY 93/94 budget:
FY 93/94
FY 94/95
Total
$116,000.00
$281,773.40
$397,773.40
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Item #
CLEARWATER CITY COMMISSION
Agenda Cover Memorandum
10.
Meeting Date
y!/y/c;y,
,
SUBJECT: CONTINUING HYDROGEOLOGICAL STUDY - CITY OF CLEARWATER WATER SUPPLY
RECOMMENDATION/MOTION: Approve a work order for professional services under the
existing contract with Camp Dresser McKee, Consulting Engineers, for continuing
hydrogeological investigation, for the sum of $272,470,
au and that the appropriate officials be authorized to execute same.
BACKGROUND:
At the City commission meeting of February 3, 1994, City staff presented a water
supply status report in which the results of a recently completed hydrogeological
study were presented. At that time the City commission was made aware of the
following study results:
(1) The best water in Clearwater occurs under an area lying within
a radius of approximately 2 miles of the intersection of N.E.
Coachman and Old Coachman Roads.
(2) The former practice of constructing wells between 250-300 feet
deep has contributed to the degradation of water quality in
the well field areas.
(3) Fresh water may be pumped from a single well drawing from the
Upper A Zone at a rate of 250 thousand gallons per day with no
apparent salt water upconing and up to 500 thousand gallons
per day with little upconing after ten years.
(4) The maximum proj ected yield of the Clearwater area is 6
million gallons per day (MGD).
(5) Drawing brackish water for the purpose of reverse osmosis
membrane filter treatment resulted in immediate and severe
upconing of more saline water.
(6) While the concentration of production from the Upper A Zone
minimizes the upconing of poorer quality water, it increases
the likelihood of other water quality problems such as iron.
(continued)
Rcvi cwcd by:
Legal
N/A
Originating Dept.
PUBLIC ~ORKS/ADMIN.
(.--J ~
Costs:$272.470
commission Action
(Current FY)
Approved
Approved
w/conditions _____
Budget (~~'
P h' ~ .I' 'I
urc us1 ng AI" .
\
User Dcpt.
PW/INFRASTRUC1URE-WA1ER
Funding Source:
C3pt. Imp, X
Denied
Risk Mgmt, N/A
IS N/A
ACM cJup
Other N/A
Advertised:
Operating
Cont'd to
Date:
Other
Paper:
Appropriation Code(s)
Attachments:
COM Work Order (dated 4/22/94)
Not required
X
315-96737-561300'533-000
Submi tted by:
,........, ~'J-~' 1--
c-./. 'ty
CiXn' er .
Affected parties
no t i f i cd
1-
I
: Not required
._ "_~__"_._ ______l.._______. ...
X
-2-
CONTINUING HYDROGEOLOGICAL STUDY - CITY OF CLEARWATER WATER SUPPLY
The study results show that the City could reach its full 6 MGD potential by a
step-by-step capital improvement program involving further hydrogeological study
and construction of new wells for an expenditure of $2.9 million. The difference
in annual costs of producing our own water and the cost of purchasing water from
Pinellas County is so great ($1.6 million when we produce 6 MGD) that we recoup
our investment in two years. It appears. that a favorable financial posture
results even if we are required to spend as much as $10 million for water
treatment.
This agenda item takes the next logical step in a step-by-step process and
accomplishes the following tasks:
Task 1
Confirmation that the Upper A Zone will produce
the amount indicated in the Phase 1, recently
completed study....................................
$ 24,920
Task 2
Construction and aquifer test at 3 well locations
in Clearwater......... . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
182,050
Task 3
Evaluation of the chemical quality of groundwater
from the Upper A Zone with a determination of
recommended water treatment procedures. ............
9,000
Task 4
Updating of groundwater flow and mass transport
models............................................ .
25,500
Task 5
Preparation of a wellfield improvement plan........
26,000
Task 6
Meetings with various regulatory agencies.. ........
5,000
TOTAL:
$272,470
The available balance in this project is sufficient to provide funds for this
work order.
hydrocdm.agn
April 22, 1994
CITY OF CLEARWATER
PUBLIC WORKS DEPARTMENT
CDM WORK ORDER INITIATION FORM
City Project No.
CDM Project No. 6349-58-RT
CDM Line Item No, 6349-115P
1. Proiect Title: Development of a Well Field Management Plan
2. Summary of Work:
This project consists of six tasks as follows:
Task 1.
Task 2.
Task 3.
Task 4.
C1..3C2.104
5111/94
This task incl udes an evaluation of existing well nos, 65, 72 and
75 to identify the depths of the water producing intervals. Task
1 includes removal and reinstallation of pumps, test pumping,
water quality sampling, and geophysical logging. This task is
intended to provide data concerning the water supply potential of
the uppermost part of the Floridan aquifer. A report which
includes a recommendation of whether to proceed with Task 2
will be submitted upon completion of Task 1.
This task includes construction of production and monitor wells
at three locations within the city. Task 2 also includes test
pumping, geophysical logging, and water quality sampling. The
new wells will be constructed at locations relatively distant from
existing wells and are intended to allow the city to distribute
groundwater withdrawals over a larger area. A report will be
submitted upon completion of Task 2,
This task consists of evaluating the water quality data collected
during Task 2, The purpose of the evaluation will be to
determine whether the water can serve as a potable supply
without necessi tating i lil met! iate modification of the existing
treatment process. Additional treatment processes, if necessary,
will be identified and compared with treatment processes which
are expected to be required to comply with future revisions to
the Safe Drinking Water Act. The evaluation will be included
as a section of the report prepared at completion of Task 2.
Task 4 incl udes preparation of an updated grou ndwater flow
model which incorporates data compiled during completion of
Task I, 2 and 3. The updated groundwater flow model will be
used to assess water supply development from the uppermost
part of the Floridan aquifer at selected locations within the city.
A report which summarizes the results of the modeling effort
will be submitted.
.'
Task 5.
Task 5 consists of development of a Well Field Management
Plan for the City of Clearwater. The Well Field Management
Plan will emphasize control of chloride concentrations through
appropriate construction and distribution of wells and through
appropriate selection of pumping rates, The Well Field
Management Plan will include recommendations concerning the
operation of newly constructed wells, the locations for
construction of future wells, and the disposition of existing
wells. The Well Field Management Plan will also
identify/evaluate potential locations for construction of
groundwater recharge basins supplied by reclaimed water.
Task 6.
Task 6 consists of attending up to six meetings with the city, the
Southwest Florida Water Management District and the
Department of Environmental Protection.
3. Proiect GoalsfW ork Products:
A. New production wells and new monitor wells at three locations within
the City of Clearwater.
B. Well Field Management Plan.
4. Budget:
The total cost of this project is $272,470. The costs of the individual tasks are
as follows:
Task I . - Evaluate existing wells,
Task 2 - Construct new wells.
Task 3 - Evaluate water quaJi ty.
Task 4 - Update groundwater model.
Task 5 - Prepare Well Field Management Plan,
Task 6 - Attend meetings.
$ 24,920
182,050
9,000
25,500
26,000
5.000
Total
$ 272,470.
C13C2,104
5/11/94
5. Schedule:
Task 1 will be completed within 2 months of authorization, Tasks 2 through 6
will be completed within 12 months from the time that the city has acquired all
property and easements necessary for construction of new production and
monitor wells at three locations.
6. CDM Staff Assignments:
Tom Burke, Craig Montgomery
7. Correspondence/Reporting Procedures:
Copies of all project correspondence will be forwarded to Peter Yauch, Terry
Jennings, Tom Hackett, and Howard Huff.
8. Invoicing/Funding Procedures:
Invoices shall be prepared monthly using Method B (Cost Times Multiplier).
9. Special Considerations:
A. This project includes construction of production wells and monitor
wells at three locations within the City of Clearwater, CDM, SDI, and
the City will identify appropriate well sites based on the best
information available. After selection of appropriate well sites, the
City of Clearwater shall be responsible for acquiring all property and
easements necessary for construction of production and monitor wells.
The city shall also be responsible for any surveying services necessary
to establish property boundaries and to establish the limits of existing or
proposed easements, .
B. Well construction permits will be obtained from the Southwest Florida
Water Management District for all wells to be constructed under Task
No.2. Well construction permit fees will be paid by the well drilling
subconsultant. CDM will request well site inspections by the Pinellas
County Public Health Unit to confirm compliance with regulations
applicable to well siting, This project does not include obtaining
permits to construct/modify a potable water system, Services
associated with obtaining permits to construct/modify a potable water
system will be provided under a separate authorization which will
include design of new well pumping systems and new raw water lines.
CUC2.104
5/11194
'.
C. In order to increase the potential for successful development of a
production well at each selected well site, initial construction of the
monitor and production wells will be identical. The well which
exhibits the better characteristics will then be selected as the production
well while the other well will be converted into a dual zone monitor
well. However, if initial well drilling activities suggest that a selected
well location will not produce water of acceptable quality or in
sufficient quantities for potable water supply, the well will be
immediately abandoned. An alternate site may be selected after
consultation with city staff. Abandonment of a well and development
of an alternate site shall be considered a change in project scope.
D. In order to facilitate future permitting of potable water supply wells,
the City of Clear\-vater shall be responsible for collection of water
samples from the three new production wells and for analyses of the
samples for compliance with primary and secondary drinking water
standards. All other sampling and analyses associated with this project
shall be the responsibility of CDM I SDI I and Diversified Drilling
Corporation.
10. Proiect Completion Report:
None.
,.
~ /11
CD~ .r ~&0~ ,,&,~
---
Thomas W. Burke
Vice President
CITY
Pe Yauch
Director of Public Works
C1.3C2,I04
SIt 1/94
Item #
CLEARWATER CITY COMMISSION
Agenda Cover Memorandum
1'1
,
Meeting Date
~11'i/q 'I
SUBJECT: I-Iauling Services for H.ecycled Glass to l\1arket
RECOMMENDATION/MOTION: Approve an extension of the existing contract with Solar
Sanitation, Clearwater, Florida, from 7/01/94 to 6/30/95 for hauling
approximately 135 loads of recycled glass in 30-yard open-top containers from the
Clearwater Solid Waste Complex to a buyer in Lakeland, Florida, at a cost of $150
per load for an estimated total cost of $20,250,
~ and that the appropriate officials be authorized to execute same.
BACKGROUND: The Solid Waste Division markets recycled glass directly to Owens
Brockway, Lakeland, Florida. During the period from July 1, 1993, to present
approximately 72 loads have been marketed. The City has realized a net income
of approximately $8,195 after transportation cost paid to Solar Sanitation in the
amount of $10,800. Dump fee savings of approximately $27,000 have been realized
from recycling glass rather than processing it as refuse through the Pinellas
County Resource Recovery Plant. It is the desire of the Solid Waste Division to
continue the present system of marketing glass. The expansion of the recycling
program is expected to increase tonnage during the contract period thereby
increasing the number of loads from 72 to 135.
Solar Sanitation has agreed to extend the terms set forth in the 1993 contract
for an additional year. The agreement letter is attached. Solar Sanitation has
performed well under the contract. Purchasing regulations permit two extensions.
This is the first extension.
The 1993/94 MUlti-family and Commercial Recycling Programs Operating Budgets
includes sufficient funding for this contract through 9/30/94; funding subsequent
to that date will be included in the Recycling program's 1994/95 Operating Budget
requests.
I
Reviewed by: Origi~ltin9 Dept. CaS t~: $20,250.00 I Commission ^ction
I
Publ ic \.Jorks I
I
Lega l N/A ~m,,{). (Current FY) $6,000,00 I Approved
I
,
I
Budget c:t~' User Dept_ Funding Source: I Approved
I
Sol id \.Juste!Recycling I w!conditions _____
~)J7'! Capt. Imp. N/A I
Purchasing ,l . I. I
I Denied
Risk Mgmt, N/A Advertised: Operating X I
I
I Cont'd to
I
(S N!A Date: Other I
I
((S. \2-- I
I
ACM Paper : I
I I
I Appropriation Code(s) I Attachments:
I Other N/A I I
I Not required X
I I I
I I 426-02042-530300-534-000 I Extension Letter
I- I I
Submi tted by: I Affected pnrties
I I I
I ;R~~ I no t if i ed 426-02043'530300-534'000 I
I I I
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. BECEIVED
MAY - 6 199't
SaUd Waste Division
..
Clearwater City Commission
Agenda Cover Memorandum
I tern #
Meeting Date: ____
I~,
Ce !ILj /9'1
SUBJECT:
First Florida Governmental Financing commission Membership
RECOMMENDATION/MOTION:
Adopt Resolution 94-37, which authorizes execution of an addendum to the
interlocal agreement relating to membership in the First Florida governmental
Financing Commission.
~ and that the appropriate officials be authorized to execute same,
BACKGROUND:
On June 18, 1987, the City commission authorized the execution of an interlocal
agreement with other cities and counties creating the First Florida
Governmental Financing Commission. The purpose of this Commission was to
establish a pooled financing program involving a limited number of local
governmental units with similar credit worthiness and high investment grade
ratings to provide for financing at lower interest costs. The city of
Clearwater currently has approximately $3 million of pool loans outstanding
with the Commission. Existing loans will be paid in full on July 1, 1997.
This 1987 interlocal agreement requires the City to approve the admission of
other governmental units desiring to join the Commission. The city of
Hollywood, Florida has requested membership into the Commission.
In addition, this addendum to the inter local agreement recognizes the removal
of Pinellas County and Manatee County from the Commission. since neither of
these two counties have outstanding loans with the Commission and neither
anticipates an immediate need for additional funds, they have requested to be
withdrawn from the Commission.
Revi ewed by:
legal
Budget
Purchasing
Risk Mgmt.
CIS
ACM
Other
~
N/A
N/A
N/A
NLA
::2t())~
Originating Dept:
DOASI Finane,
''''rY) ~
Costs: S N/A
Total
Commission Action:
o Approved
o Approved w/conditions
o Deni ed
o Continued to:
User Dcpt:
$ N/A
Current Fiscal Yr.
Slbnittcd by:_ ___
City Hc:.~ -
Adverti sed:
Date:
Paper:
~ Not Required
Affccted Parties
o Notified
~ Not Requi red
Furling Source:
o Capital Imp.
o Operating
o Other
Attachments:
Resolution 94-37
o None
Appropri ill i on Code:
N/A
RESOLUTION NO. 94-37
A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA,
APPROVING THE ADMISSION OF THE CITY OF HOLLYWOOD,
FLORIDA, INTO MEMBERSHIP IN THE FIRST FLORIDA
GOVERNMENTAL FINANCING COMMISSION; APPROVING THE REMOVAL
OF PINELLAS COUNTY AND MANATEE COUNTY FROM MEMBERSHIP IN
THE FIRST FLORIDA GOVERNMENTAL FINANCING COMMISSION;
PROVI 01 NG CERT AI N OTHER MATTERS IN CONNECTION THEREWITH;
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Clearwater, Florida (the IICityll), a political
subdivision of the State of Florida, is duly created and existing pursuant to the
Constitution and laws of the State of Florida (the IIStatell); and
WHEREAS, the City originally adopted a resolution on June 18, 1987,
authorizing the execution and delivery of an interlocal agreement (the
IIInterlocal Agreement") with other cities and counties (the IIGovernmental Units")
creating the First Florida Governmental Financing Commission (the "Commissionll);
and
WHEREAS, the Interlocal Agreement requires the City to approve the
admission of other Governmental Units desiring to join the Commission; and
WHEREAS, the City desires to approve the admission of the City of
Hollywood, Florida, into membership in the Commission; and
WHEREAS, by resolution dated June 9, 1987, Pinellas County, Florida
("Pinellas County") and by resolution dated November 26, 1985, Manatee County,
F 1 or i da (IIMana tee County") entered into an Inter 1 oca 1 Agreement (the "Agreement ")
with other governmental units to become voting members of the Commission; and
WHEREAS, pursuant to Section 3.10 of the Agreement and Resolution No. 92-
72, adopted by Pinellas County on April 7,1992, and Resolution No. 94-020,
adopted by Manatee County on January 4, 1994, Pinel1as County and Manatee County
have determined it to be in their best interest to withdraw from the Commission;
now, therefore,
BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1.
The admission of the City of Hollywood, Florida, into
membership in the Commission is hereby approved.
Section 2. Pinellas County and Manatee County shall, pursuant to Section
3.10 of the Agreement, be withdrawn from the Commission.
Section 3. Attached hereto as Exhibit IIA, II Addendum to the Interlocal
Agreement, is a copy of certain amendments to the Interlocal Agreement. Such
amendments are hereby approved and the City Manager and City Clerk, respectively,
are hereby authorized to execute and deliver the Addendum and cause the filing
of said Addendum with the Clerk of the Circuit Court.
Section 4. This resolution shall take effect immediately upon adopti6n.
PASSED AND ADOPTED this
day of
, 1994;
Cynthia E. Goudeau
City Clerk
Rita Garvey
Mayor-Commissioner
, .
. .' .
. . ' . . .
. .
. . ,
. . .'
Exhibit "A"
ADDENDUM TO INTERLOCAL AGREEMENT
WHEREAS, pursuant to the provisions of section 163.01, Florida
statutes, the Intergovernmental Cooperation Act, the city of st.
Petersburg, the city of Sarasota, the city of Boca Raton, the city
of Clearwater, the city of Gainesville, Manatee County, pinellas
County, and Broward County, Florida entered into an Interlocal
Agreement, as amended (the "A.greement"), creating the First Florida
Governmental Financing Commission (the II commission") , the Ag:.:-eement
being duly recorded in Manatee, Sarasota, Broward, Pinellas,
Alachua and Palm Beach counties, Florida.
WHEREAS, the city of st. Petersburg, the city of Sarasota, the
city of Boca Raton, the city of Clear~ater, the city of Gainesville
and Broward County, Florida are the present members of the
Commission and as such have duly adopted r8solutions approving the
City of Hollj-"Wood, Florida (the "Governlliental Unit") as a member of
the Commission.
WHEREAS, section 3.01 of the Agreement provides that
additional Governmental Units may become members of the Commission
upon unanimous vote of the existing members.
WHEREAS, pinellas County / pursl.lant to section 3.10 of the
Agreement, has adopted Resolution No. 92-72, dated April 7, 1992,
expressing its intent to withdraw from the commission, and Manatee
County, pursuant to section 3. 10 of the Agreement, has adopted
Resolu.tion No. 94-020, dated January 4,1994, expressing its intent
to withdraw from the Corr~ission.
WHEREAS, the Commission finds that Pinellas County and Manatee
County have no loans outstanding under the terms of the Program as
defined in the Agreement, and have provided a certified Resolution
of the County setting forth their intent to withdraw from the
Program.
WHEREAS, the Commission, pursuant to sect.ion 3.10 of the
Agreement, wishes to grant pinellas County's and ManatEe County's
request, and to amend the Agreement to reflect such withdrawal.
NOW THEREFORE, BY THE EXECUTION OF THIS ADDENDUM TO INTERLOCAL
AGREEMENT:
SECTION 1. The Governmental Unit shall become a party to
the Interlocal Agreement and a member of the Commission as though
it was an original signatory party to the Agreement, and
accordingly, shall be bound by the terms, conditions and agreements
thereof.
SECTION 2. pinellas county and Manatee County shall,
pursuant to section 3.10 of the Agreement, be withdrawn from the
Commission.
SECTION 3.
amended to read:
section 3.10 (b) of the A.greement is hereby
(b) Phe ex:isi:i-nEJ H:embars of the Commissien con:Jist of the city
of ct. Pe~r3burg, Florid~, the city of Cle~rwutcr, Florida,
the city of Ca-:ra-sotu, Florida, the ci ty of Caine:3vill e,
Floridu, the city of Boca Rator., Florida, HiJ.natcc County,
Florida, Dro~iJ.re County, rloridiJ., iJ.nd rinelliJ.:3 County,
Florida. (1990)
(b) The existing Members of the Commission consist of the city
of st. Petersburq, Florida, the city of Clearwater, Florida.
the city of Sarasota, Florida, the City of Gainesville.
Florida, the city of Boca Raton, Florida. the city of
Hollvwood. Florida, and Broward County, Florida. (1994)
SECTION 4. This Addendum to the Interlocc.l Agreement shall
be recorded immediately in the Official Records of pinellas County.
IN WITNESS WHEREOF, on this day of , 1994, this
Addendum to Interlocal Agreement has been executed by and on behalf
of the authorized officers and representatives of the Governmental
Unit.
(SEAL)
city of Clearwater, Florida
By
Title
Title
Approved as to form and legality
this day of , 1994.
Title
2
,,'
(~~~~I
~ -- '~I
~-:-:-'~
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-
Clearwater City Commission
Agenda Cover Memorandum
I tern II _
Meeting Date:
) C( ,
(((il~('-I
SUBJECT:
Revision of Section 1.12 and Chapter 15, Code of Ordinances, EMERGENCY MANAGEMENT
RECOMMENDATION/MOTION:
Pass Ordinance No. 5596-94 on first reading amending Section 1.12 and Chapter 15 of the Code of Ordinances
I
relating to Emergency Management to make the emergency resolutions enforceable by police and adding a gas
emergency resolution.
~ and that the appropriate officials be authorized to execute same.
BACKGROUND:
Chapter 15, EMERGENCY MANAGEMENT, of the Code of Ordinances, authorizes among other things, the
activation of resolutions necessary to the control of emergency conditions and sets forth a standard proclamation
to declare a state of emergency. Based on experiences from Hurricane Andrew and other recent disasters, it was
determined that Chapter 15 and the related emergency proclamation and resolutions could not be fully enforced
by the police under state law if activated as now written.
The revision to the Code of Ordinances now being proposed for Commission approval and adoption imposes
specific penalties for failure to obselve the requirements of the emergency proclamation and the emergency
resolutions relating to curfews and off-limits areas; suspension of the sales of alcohol, firearms and combustibles;
price-gouging; water and gas emergencies; and rationing of essential goods and services. Resolution I has been
added as a separate emergency resolution on gas emergencies.
To ensure that the emergency declarations authorized by Chapter 15 are taken when necessary in the most legally
supportable and most efficient fashion, the chain of command set forth in Section 15.07 was reviewed for
adequacy. It is most proper for the chief elected official of a local unit of government or their designated
alternate to make the declaration of state of emergency. The chain of command set up by Section 15.07 ensures
that if the Mayor, or the Vice-Mayor are absent or unavailable, then the City Manager or assistant City Manager
may declare any emergency authorized under Chapter 15 and the activation of related emergency resolutions.
The availability of the Mayor, Vice-Mayor, City Manager or other authorizing official will be defined within the
context of the urgency of the emergency conditions at the time of such emergency.
Reviewed by:
Legal
Budget
Purchasing
Risk Mgmt.
CIS
"CM
Other
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C"'S )~ V
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Originating Dept:
Eme~en y Management
,1//';/
I
User Dept:
Costs: S NIA
Total
commission Action:
o Approved
o Approved w/conditions
o Deni ed
o Continued to:
$ N/A
Current Fiscal Yr.
SLtm~ed J:t} ~Y;e-
Ci~anQ~
Advertised:
Date:
Paper:
~ Not Requi red
Affccted Parties
o Notified
~ "ot Requi red
Fl.n:Iing Source:
o Capi tal I~.
o Operat ing
o Other
Attachments:
Ordinance #5596-94
o None
Appropriation Code:
~ Printed on recycled paper
-
.
.-
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Considering these factors, it appears that the chain of command is legally supportable and allows as rapid a
response to emergency conditions as might be needed. Importantly, any and all such emergency declarations
must be confirmed by City Commission action within five work days of such declaration or at the next scheduled
meeting of the City Commission.
Commission passage on first reading and subsequent adoption will ensure that the emergency resolutions can be
legally and fully enforced during declare emergencies.
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ORDINANCE NO. 5596-94
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
RELATING TO EMERGENCY MANAGEMENT; AMENDING SECTION 1.12,
CODE OF ORDINANCES, TO ENHANCE THE PENALTY FOR A
VIOLATION OF ANY PROVISION OF CHAPTER 15, CODE OF
ORDINANCES, RELATING TO EMERGENCY MANAGEMENT, BY ADDING
I~1PRISON~1ENT FOR A TERM NOT EXCEEDING 60 DAYS, OR BY
BOTH A FINE AND IMPRISONMENT, AS POSSIBLE PENALTIES IN
ADDITION TO A FINE NOT EXCEEDING $500.00, AS t'lAY BE
IMPOSED BY COUNTY COURT; AMENDING SECTION 15.07, CODE OF
ORDINANCES, RELATING TO DECLARATIONS OF STATES OF
EMERGENCY, TO ADO AN EMERGENCY RESOLUTION RELATING TO
GAS USE WITHIN THE UTILITY SERVICES AREAS OF THE CITY OF
CLEARHA TER AND TO t.1AKE IT UNLMIFUL TO V I OlA TE THE
PROV I S IONS OF ANY Et~ERGENCY RESOLUT I ON AUTHORI ZED BY
CHAPTER 15 AFTER FIRST BEING WARNED BY A LAW ENFORCEMENT
OFF I CER; M.1END I NG SECT I ON 51. 13, CODE OF ORD INANCES ,
RELA T I NG TO UT I L I TY Et.1ERGENC I ES TO I NCLUDE GAS
EMERGENCIES; PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. Section 1.12, Code of Ordinances, is amended to read:
Sec. 1.12. General penalty; enforcement of civil infractions;
continuing violations.
(1) Except in the case of a violation of-chapter 6, chaoter 15. article
III of chapter 20, and article I of chapter 21, whenever in this Code or in any
ordinance of the city any act is prohibited or is made or declared to be unlawful
or an offense, or whenever the doing of any act is required or the failure to do
any act is declared to be unlawful, the violation of any such provision of this
Code or any ordinance shall be a civil infraction punished by a fine not
exceeding $500.00. Where the violation or offense is one relating to a violation
of any of the provisions of chapter 6, chaoter 15, article III of chapter 20, or
article I of chapter 21, then such violation shall be punished by a fine not to
exceed $500.00, or imprisonment for a term not exceeding 60 days, or by both a
fine .and impr i sonment I as may be imposed by the county court. Each day any
violation of any provision of this Code or of any ordinance shall continue shall
constitute a separate offense, except that in any case where the violation
consists of a discrete act or failure to act, each violation shall constitute a
separate offense.
Section 2. Subsection (7) is added to Section 15.07, Code of Ordinances,
to read:
Sec. 15.07. Declaration of state ?f emergency.
:or
"I:
...
j:
T:
(3) Emergency resolutions authorized by this chapter shall include but
are not limited to the following subjects:
Resolution
Subject
A
Evacuation
B
C
Curfews; declaration of areas off limits
Suspension or regulation of sale of alcohol ic beverages,
firearms, explosives or combustibles
o
Prohibiting the sales of merchandise, goods or services
at more than the normal average retail price
E
F
Water use restrictions
(a) A condition exists or 15 imminent that endangers the safety,
potability, quantity, availability, transmission, distribution, treatment, or
storage of water through or within the city's water utility system; or
( b ) A con d i t ion ex i s t s 0 r i s i mm i n e n t t hat end a n 9 e r s the s a f e t y, qua 1 i t Y ,
quantity, availability, transmission, distribution, or storage of gas through or
within the city1s gas util ity system; and
.-
G
H
Suspension of local building regulations
Rationing of fuel, ice and other essentials
Emergency procurement procedures
I
Gas use restrictions
*
"*
'1:
*
*
ill It shall be unlawful for any oerson to violate the orOV1S1ons of anv
emeraencv resolution authorized bv this chaoter after first beina warned bv a law
enforcement officer.
Section 3. Section 51.13, Code of Ordinances, is amended to read:
Sec. 51.13. Utility emergencies.
(1) A public emergency may be declared because of utility conditions when
the public works director certifies reaardina a water emerqency or the aas system
manaaina director certifies reaardinq a aas emeraencv d~rcctcr of L:tilitic:;
ccr~i7ic~ to the city manager that:
(c) Extraordinary actions to control and correct the situation are
required, including but not 1 imited to emergency purchase, call-in of off-duty
personnel, assistance by ?ther communities and agencies, and other like actions.
(2) Declaration of a publ ic emergency because of uti lity conditions shall
th . .J.h . ~ 1 .. A 8 .- H d I ^ ,.., C .oJ II
au orlze L e lssuance 01 emergency reso utlons , ,1:, an ", D, .:.. 2.n_ n,
as may be required.
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PASSED AND ADOPTED this
day of
, 1994.
RESOLUTION HO. -94
A RESOLUT ION OF THE C!TY OF CLEAR\oJATER, FLOR IDA,
RELATING TO EMERGENCY MANAGEMENT; APPROVING THE FORM OF
A STANDARD PROCLA~1A T ION AlID NINE STANDARD RESOLUT IONS
WHICH MAY BE UTILIZED TO DECLARE AND TO CONFIRM A STATE
OF EMERGENCY, AND TO IMPOSE CERTAIN REGULATIONS DURING
A STATE OF H1ERGENCY; l<ESCINDlr~G RESOLUTION 88-32;
PROVIDING AN EFFECTIVE DATE.
WHEREAS, Chapter 15, Code of Ordinances, provides for the declaration of
a state of emergency, the confirlnation of such declaration, and the activation
of certain emergency plans by the use of proclamations and resolutions; and
WHEREAS, it is necessary and uppropriate to establish the form of a
standard proclamation and standard resollltions to be used for such purpose when
'~needed, as prov i ded here in; nO\'I, therefore,
BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. The standard proclamation to declare a state of emergency, a
copy of which is attached hereto as Exhibit 1, and the standard resolutions to
confirm a state of emergency and to activate certain emergency plans, copies of
which are attached hereto as Exhibits 2 through 10, are hereby approved for use
when needed pursuant to Chapter 15, Code of Ordinances, subject to such
modifications as may be required under the circumstances of the emergency.
Section~. This resolution shall take effect immediately upon adoption.
Attest:
Cynthia E. Goudeau
City Clerk
Rita Garvey
Mayor-Commissioner
J""'-', "',.,'.,,' .",
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EXHIBIT 1
,CITY OF CLEARWATER, FLORIDA
PRO C LAM A T ION
\'IHEREAS,
resulting from
have created an emergency situation; and
has certified that conditions
HHEREAS, Chapter 15, Code of Ord i nances I author i zes certa i n emergency
measures to be taken under emergency conditions; and
WHEREAS, a state of emergenc~ must be declared by proclamation to authorize
such actions as may be necessary to manage such state of emergency; and
WHEREAS, the issuance of Emergency Resolut;on(s) is
necessary to enable the proper control of and response to the emergency
conditions certified above; now, therefore,
I, , of the City of Clearwater, do hereby proclaim and
declare that a state of emergency exists within the City of Clearwater and that
all proper and lawful actions necessary to swiftly resolve the emergency and
return the community to a condition of normalcy shall be taken.
Authorized Official
Date
EXHIBIT 2
RESOLUTION NO. A,
A RESOLUTION OF THE CITY OF THE CITY OF CLEARHATER,
FLORIDA, CONFIRMING A DECLARATION OF A STATE OF
EMERGENCY AND AUTHORIZING THE EVACUATION OF CERTAIN
AREAS OF THE CITY OF CLEARWATER; PROVIDING ~N EFFECTIVE
DATE.
WHEREAS, a state of emergency in the City of Clearwater was proclaimed by
on due to
and
WHEREAS, citizens must be moved from harm1s way; and
HHEREAS, Chapter 15, Code of Ordinances, authorizes the activation of plans
for evacuation during a state of emergency; now, therefore,
BE IT RESOLVED BY THE CITY CO~~ISSION OF THE CITY OF
CLEARWATER, FLORIDA;
Section 1. A declaration of a state of emergency proclaimed on
is hereby confirmed.
Section 2. This state of emergency has seriously affected and threatened
the lives and property of residents of the City of Clearwater and requires the
evacuation of citizens from the following area{s):
Section 3. This resolution shall take effect on at
(a.m. or p.m.) and shall remain in effect until competent authority
declares the state of emergency terminated.
PASSED AND ADOPTED this
Attest:
day of
, 19
Cynthia E. Goudeau
City Clerk
Rita Garvey
f'1ayor-Commi S5 ioner
EXHIBIT 3
RESOLUTION NO. B.
A RESOLUTION OF THE CITY OF THE CITY OF CLEARWATER,
FLORIDA, CONFIRMING A DECLARATION OF A STATE OF
EMERGENCY AND AUTHORIZING THE SETTING OF A CURFEW AND
DESIGNATING CERTAIN AREAS AS OFF-LIMITS; PROVIDING AN
EFFECTIVE DATE.
WHEREAS, a state of emergency ln the City of Clearwater was proclaimed by
on due to
and
WHEREAS, conditions arising Tram the above-stated emergency have seriously
threatened the safety and welfare of the citizens of Clearwater; and
WHEREAS, Chapter 15, Code of Ordinances, authorizes the declar~tion of a
curfew and the designation of areas as off-limits during a state of emergency;
now, therefore,
BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF
CLEARWATER, FLORIDA;
Section 1. A declaration of a state of emergency proclaimed on
is hereby confirmed.
Section 2. This state of emergency has seriously affected and threatened
the safety and security of the lives and property of residents of the City of
C1 earwater and requ i res the e stab 1 i shment or a curfew between the hours of
and daily and the designation of the following areas
as off-limits to all except personnel authorized by the police:
Section 3. All violations of the provlslons of this resolution shall be
subject to prosecution under Section 1.12, Code of Ordinances.
Section 4. This resolution shall take effect on at
(a.m. or p.m.) and shall remain in effect until competent authority
declares the state of emergency terminated.
.
PASSED AND ADOPTED this
day of
, 19
Attest:
Cynthia E. Goudeau
City Clerk
Rita Garvey
Mayor-Commissioner
EXHIBIT 4
RESOLUTION NO. C.
A RESOLUTION OF THE CITY OF THE CITY OF CLEARHATER,
FLORIDA, CONFIRMING A DECLARATION OF A STATE OF
EMERGENCY AND AUTHORIZING THE REGULATION AND SUSPENSION
OF THE SALE OF ALCOHOLIC BEVERAGES, FIREARMS, EXPLOSIVES
AND COMBUSTIBLE MATERIALS; PROVIDING AN EFFECTIVE DATE.
WHEREAS, a state of emergency ln the City of Clearwater was proclaimed by
on due to
and
WHEREAS, conditions arising from the above-stated emergency have seriously
threatened the safety and welfare of the citizens of Clearwater; and
WHEREAS, Chapter 15, Code of Ordinances, authorizes the regulation and
suspension of the sale of alcoholic beverages, firearms, explosives or
combustible materials during a state of emergency; now, therefore,
BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF
CLEARWATER, FLORIDA;
Section 1. A declaration of a state of emergency proclaimed on
is hereby confirmed.
Section 2. This state of emergency has seriously affected and threatened
the safety and security of the lives and property of residents of the City of
Clearwater and requires the suspension of the. sale of alcoholic beverages,
firearms, explosives and combustible materials within the city limits to control
and prevent circumstances leading to public disorder, riot, arson, looting and
other unlawful acts during the period of the declared emergency.
Section 3. No alcoholic beverage in any form shall be sold, offered for
sale or otherwise distributed within the city during the period of the emergency
by any person or by any commercial, nonprofit or other establishment whether for
consumption on or off premises or for wholesale or retail sale.
Sect i on 4. No firearm s ha 11 be so 1 d I tran sf erred or otherw i se made
available for sale or exchange \\'ithin the city during the period of this
emel~gency by any per son. The sa 1 e or ex change of ammun it i on, s pare parts or
other items integral to the operation of firearms shall likewise be forbidden.
During the period of this emergency, no person shall carry, display or otherwise
use a firearm without the express written consent of the Chief of Police, other
than la\'~ enforcement officers, The carrying, displaying or possession of a
firearm in the city without the specific approval of the Chief of Police shall
result in its confiscation by the proper police authority,
Section 5. No combustible material, i.e., gasoline, kerosene, benzine, or
other flammable liquid, shall be sold or transported in containers \./iUlin the
city other than on a tank-held basis during the period of t.he cmergency. Such
flammables shall not be transported otherwise.
},
All violations of the provlslonsof~thisreso
prosecut i on under Sect ion 1.12, Code of Ord i nances.
Section 7. This resolution shall take effect onat
(a. m. or p. m.) and sha 11 rema I n In effect unt 11 competent authority
e state of emergency terminated.
PASSED AND ADOPTED this
EXHIBIT 5
RESOLUTION NO. D.
A RESOLUTION OF THE CITY OF THE CITY OF CLEAR\-lATER,
FLORIDA, CONFIRMING A DECLARATION OF A STATE OF
EMERGENCY AND PROHIBITING THE SALE OF MERCHANDISE, GOODS
OR SERVICES AT ~lORE THAN THE NOR~1AL AVERAGE RETAIL
PRICE; PROVIDING AN EFFECTIVE DATE.
WHEREAS, a state of emergency in the City of Clearwater was proclaimed by
on due to
and
WHEREAS, conditions arising from the above-stated emergency have seriously
threatened the stability, economy and civil order of the City of Clearwater and
'.its citizens; and
\~HEREAS, charg i ng more than the norma 1 reta i 1 pr i ce under ex i st i ng
conditions is an attempt to profit from the misfortunes of others and can lead
to civil strife, inequities in the distribution of essential materials such as
foodstuffs, fuel and other vital necessities, and a greater loss of the sense or
hope and well-being so basic to a speedy recovery and restoration or the
community; and
WHEREAS, Chapter 15, Code of Ordinances, authorizes the prohibition of the
sale of merchandise, goods or services at more than the normal average retail
price during a state of emergency; now, therefore,
BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF
CLEARWATER, FLORIDA;
Section 1. A declaration of a state of emergency proclaimed on
is hereby confirmed.
Section 2. This state of emergency has and conditions arlslng thererrom
threaten to create shortages of essential goods and services which are needed to
sustain the physical well-being, economic stability and public order of the City
of Clearwater and its citizens.
Section 3. No person or business entity offering goods or services for
sale within the City of Clearwater shall charge more than the normal average
retail price'as defined by Section 15.01, Code of Ordinances, during the period
of the declared emergency.
Section 4. All violations of the provisions of this resolution shall be
subject to prosecution under Section 1.12, Code of Ordinances.
EXHIBIT 6
RESOLUTION NO. E,
A RESOLUTION OF THE CITY OF THE CITY OF CLEARHATER,
FLORIDA, CONFIRMING A DECLARATION OF A STATE OF
EMERGENCY AND PLACING CERTAIN RESTRICTIONS ON THE USE OF
WA1ER WITHIN THE UTILITY SERVICE AREAS OF THE CITY OF
CLEARWATER; PROVIDING AN EFFECTIVE DATE.
WHEREAS, a state of emergency in the City of Clearwater was proclaimed by
on due to
and
WHEREAS, conditions arising from the above-stated emergency have seriously
threatened the water supply of the City of Clearwater, and extraordinary actions
,.must be taken to assure adequate potable water supplies; and
WHEREAS, Chapter 15, Code of Ordinances, authorizes water use restrictions
during a state of emergency; now, therefore,
BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF
CLEARWATER, FLORIDA;
Section 1. A declaration of a state of emergency proclaimed on
is hereby confirmed,
Section 2. This state of emergency is seriously affecting the potable water
supplies of the City of Clearwater and requires the restriction of water to and
use within the following areas:
Section 3. Water use shall be restricted to the following conditions:
Section 4, All violations of the orovisions of this resolution shall be
subject to prosecution under Section 1.12, Code of Ordinances.
Section 5. This resolution shall take effect on
at (a.m. or p.m.), and shall remain in effect until competent
authority declares the state of emergency terminated.
PASSED AND ADOPTED this
day of
, 19
Attest:
Cynthia E. Goudeau
City Clerk
Rita Garvey
Mayor-Commissioner
. and
,
.
EXHIBIT 7
RESOLUTION NO. F,
A RESOLUTION OF THE CITY OF THE CITY OF CLEARWATER,
FLORIDA, CONFIRMING A DECLARATION OF A STATE OF
EMERGENCY AND SUSPENDING CERTAIN LOCAL BUILDING
REGUL.4TIONS UNDER G1ERGENCY CONDITIONS; PROVIDING AN
EFFECTIVE DATE.
WHEREAS, a state of emergency in the City of Clearwater was proclaimed by
on due to
HHEREAS, cand it i on s ar i sing, from the above- sta ted emergency have caused
extensive damage to public and private properties within the City of Clearwater
rendering them unsafe or marginally habitable forcing residents from their
".residences and business and commercial activities to remain closed; and
WHEREAS, the expeditious restoration of property to pre-existing condition
is vital to the reestablishment of shelter for residents, businesses and public
activities; and
\'lHEREAS, adherence to certain local building regulations and procedures can
delay the process of restoring properties to conditions existing prior to the
emergency; and
WHEREAS, Chapter 15, Code of Ordinances, authorizes the suspension of local
building regulations during a state of emergency; now, therefore,
BE IT RESOLVED BY THE CITY COMMISSJON OF THE CITY OF
CLEARWATER, FLORIDA;
Section 1. A declaration of a state of emergency proclaimed on
is hereby confirmed.
Section 2. Certain local building regulations and procedures are
authorized to be suspended.
Section 3. This resolution shall take effect on
at (a.m. or p.m.) and shall remain in effect until competent authctrity
declares the state of emergency terminated.
PASSED AND ADOPTED this
day of
I 19
Attest:
Cynthia E. Goudeau
City Clerk
Rita Garvey
Mayor-Commissioner
'and
,
. ....
.
EXHIBIT 8
RESOLUTION tlO. G,
A RESOLUTION OF THE CITY OF THE CITY OF CLEARHATER,
FLORIDA, CONFIRMING A DECLARATION OF A STATE OF
EMERGENCY AND RATIONING CERTAIN ESSENTIAL CONSUMABLES
UNDER EMERGENCY COND I T IONS; PROV I DING AN EFFECTI VE DATE.
WHEREAS, a state of emergency in the City of Clearwater was proclaimed by
on due to
WHEREAS, conditions arising from the above-stated emergency have caused or
threaten to cause shortages of critically needed consumables essential to the
sustenance of the citizens of Clearwater; and
HHEREAS, measures are necessary to assure an equitable distribution of
these essentials; and
WHEREAS, a method to assure the availability of
to meet the minimum requirements for these consumables must limit the amount sold
to individual families; and
WHEREAS, Chapter 15, Code of Ordinances, authorizes the rationing of fuel,
lce and other essentials during a state of emergency; now, therefore,
BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF
CLEARWATER, FLORIDA;
5ection 1. A declaration of a state of emergency proclaimed on
is hereby confirmed,
Section 2. The following essential consumables shall be rationed for sale
to individual families:
Section 3. No individual may purchase more than the following amounts of
the above items each day:
Section 4. All violations of the provisions of this resolution shall be
subject to prosecution under Section 1.12, Code of Ordinances.
Section 5. This resolution shall take effect on
at (a.m. or p.m.) and shall remain in effect unt; 1 competent authority
declares the state of emergency terminated.
PASSED AND ADOPTED this
day of
I 19
Attest:
Cynthia E, Goudeau, City Clerk
Rita Garvey, Mayor-Commissioner
'and
,
Co .
~
EXHIBIT 9
RESOLUTION NO. H,
A RESOLUTION OF THE CITY OF THE CITY OF CLEARHATER,
FLORIDA, CONFIRMING A DECLARATION OF A STATE OF
EMERGENCY AND EST ABL I SH I NG H1ERGENCY PROCURH1ENT
PROCEDURES; PROVIDING AN EFFECTIVE DATE.
WHEREAS, a state of emergency in the City of Clearwater was proclaimed by
on due to
WHEREAS, conditions arlslng from the above-stated emergency have
necessitated the establishment of , emergency procurement procedures;
BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF
CLEARWATER, FLORIDA;
Section 1. A declaration of a state of emergency proclaimed on
is hereby confirmed.
Section 2. It is necessary to establish the following emergency
procurement procedures:
Section 3. This resolution shall take effect on
at (a.m. or p.m.) and shall remain in effect until competent authority
declares the state of emergency terminated.
PASSED AND ADOPTED this
day of
, 19
Attest:
Cynthia E. Goudeau, City Clerk
Rita Garvey, Mayor-Commissioner
4~-
. -
.
EXHIBIT 10
RESOLUTION NO. I,
A RESOLUTION OF THE CITY OF THE CITY OF CLEARWATER,
FLORIDA, CONFIRMING A DECLARATION OF A STATE OF
EMERGENCY AND PLACING CERTAIN RESTRICTIONS ON THE USE OF
GAS WITHIN THE UTILITY SERVICES AREAS OF ,~HE CITY OF
CLEARWATER; PROVIDING AN EFFECTIVE DATE.
WHEREAS, a state of emergency in the City of Clear\vater was proclaimed by
on due to
;and
WHEREAS, conditions arising from the above-stated emergency have seriously
threatened the safety and availability of gas in the City of Clearwater, and
extraordinary actions must be taken to assure the safety of the gas system and
_.the availability of gas; and
WHEREAS, Chapter 15, Code of Ordinances, authorizes gas use restrictions
during a state of emergency; now, therefore,
BE IT RESOLVED BY THE CITY CO~~ISSION OF THE CITY OF
CLEARWATER, FLORIDA;
Section 1. A declaration of a state of emergency proclaimed on
is hereby confirmed.
Section 2. This state of emergency is seriously affecting the gas supplies
of the City of Clearwater and requires the restriction of gas to and use within
the following areas:
Section 3. All violations of the provisions of this resolution shall be
subject to prosecution under Section 1.12, Code of Ordinances.
,
\
Section 4. This resolution shall take effect on
at (a.m. or p.m.) and shall remain in effect until competent authority
declares the state of emergency terminated.
PASSED AND ADOPTED this
day or
, 19
Attest:
Cynthia E. Goudeau
City Clerk
Rita Garvey
Mayor-Commissioner
-
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-
Clearwater City Commission
Agenda Cover Memorandum
~J 0 \
\....../'\
I tern fI. _
Meeting Date: __
~ (Nfer,!
SUBJECT:
Statewide Mutual Aid Agreement for Catastrophic Disaster Response and Recovery
-
RECOMMENDA'l'ION/MOTION: Adopt Resolution No. 94-38 authorizing execution of the Statewide Mutual Aid
Agreement for Catastrophic Disaster Response and Recovery.
~ and that the appropriate officials be authorized to execute same.
BACKGROUND:
Disaster conditions caused by hurricanes and other related events such as tornadoes can cause profound levels of
damage and disruption to a community. The impact is frequently such that the affected community's capability to
restore order, render assistance to its citizens and repair the damage is exceeded and overwhelmed. Massive
amounts of assistance from outside the community is needed to meet the crushing demands caused by a
catastrophic event. No single municipality, including Clearwater, has the ability to respond to major disaster
conditions without assistance from other communities.
Recognizing this need for across-the-board assistance to be available from and among the communities in Florida
on a standardized, business-like basis, the State Division of Emergency Management has developed a standard
termJ of reference, the Statewide Mutual Aid Agreement for Catastrophic Disaster Response and Recovery
(ATCH 1). This mutual aid pact developed within and under the provisions of the State Emergency Management
Act, Chapter 25, Florida Statutes: (1) authorizes local governments to request mutual aid through their County
Emergency Management Agency by declaration of a local state of emergency or by oral request of the assisting
agency or the Division of Emergency Services; (2) assures that all participating governments will render
assistance to the fullest extent possible as determined by their own authorized representative; (3) provides for
reimbursement of expenses by the requesting (receiving) agency/government; (4) sets forth specific information
required of the requesting and the receiving agencies prior to assistance being rendered; (5) outlines rules for
providing: supervision of assisting agencies personnel, food, housing, communications, equipment, materials and
supplies and recording keeping; (6) specifies payment sources and methods with a 60 day time limit for
requesting and making payments under the agreement; and (7) requires evidence of insurance by all participating
parties.
Reviewed by:
Legal
Budget
Purchasing
Risk I4gmt.
CIS
ACH
Other
~
)~:~
originating Dept:
Eme~~ency J4~gement
/\ ~ "'j
I
Costs: S MIA
Total
User Dcpt:
$
Current Fiscal Yr.
coaaission Action:
o Approved
o Approved w/conditions
o Denied
D Continued to:
SU:aii ttcd by:
D~
CitZAaZ
Advertised:
Date:
Paper:
o Not Requi red
Affected Parties
o Notified
o Not Requi red
FU'lding Source:
o Capital Ilfll.
o Operat i ng
o Other
A ttochmenta:
Resolution N94-36
o None
Appropriation code:
.~ led
~~ Printed on rccyc paper
.. I. , I . , . ( ..
" .." ." , . . .
Lack of a State-wide Mutual Aid Agreement has, in the recent past, hampered efforts of assisting governments in
securing reimbursement of their expenses in a timely and satisfactory fashion. As well, failure to participate in
the mutual aid agreement could jeopardize Clearwater's ability to secure the assistance it would need from
participating governments and agencies that do participate in the Statewide Mutual Aid Agreement for future.
disasters.
The City already participates in a similar State-wide agreement for Public Works assistance and bas recently
entered into a mutual aid agreement for gas systems. The State-wide agreement being proposed for execution by
the City of Clearwater as a participating government would cover all forms of assistance, including Police, Fire,
Public Works and other functions.
The significant benefits to be gained from participating in the Statewide Mutual Aid recommend passage of
Resolution 94 - 38.
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RESOLUTION NO. 94-38
A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA,
APPROVING THE STATEWIDE MUTUAL AID AGREEMENT FOR
CATASTROPHIC DISASTER RESPONSE AND RECOVERY, BY AND
BETWEEN THE STATE OF FLOR IDA, D IV I S I ON OF EMERGENCY
MANAGEMENT, AND OTHER LOCAL GOVERNMENT AGENCIES OF
FLORIDA, AND AUTHORIZING THE EXECUTION OF SUCH AGREEMENT
BY THE CITY MANAGER AND THE CITY CLERK; PROVIDING AN
EFFECTIVE DATE.
VJHEREAS, the State of F 1 or i da, D i vis i on of Emergency Management, has
requested the City of Clearwater to join the Division and other local government
agencies in a Statewide Mutual Aid Agreement for Catastrophic Disaster Response
and Recovery, which provides for reciprocal aid and assistance in case of
emergencies; and
WHEREAS, the City Commission of the City of Clearwater finds that the
Statewide Mutual Aid Agreement serves a proper public purpose and promotes the
health, safety and welfare of the residents of the City; now, therefore,
BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. The Statewide Mutual Aid Agreement for Catastrophic Disaster
Response and Recovery, a copy of which is attached hereto as Exhibit A, is hereby
approved, and the City Manager and City Clerk are hereby authorized to execute
the Agreement and file a copy thereof with the State of Florida, Division of
Emergency Management.
Section 2. This resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED this
day of
, 1994.
Attest:
Cynthia E. Goudeau
City Clerk
Rita Garvey
Mayor-Commissioner
Apr;l 27. 1994
~
STATEWIDE MUTUAL AID AGREEMENT
FOR CATASTROPHIC DISASTER RESPONSE AND RECOVERY
THIS AGREEMENT IS ENTERED INTO BETWEEN THE STATE OF FLORIDA,
DIVISION OF EMERGENCY MANAGEMENT AND AMONG EACH POLITICAL
SUBDIVISION OF THE STATE THAT EXECUTES AND ADOPTS THE TERMS AND
CONDITIONS CONTAINED HEREIN, BASED UPON THE FOLLOWING FACTS:
WHEREAS, the state Emergency Management Act, Chapter 252,
Florida statutes, authorizes the state and its political
subdivisions to develop and enter into mutual aid agreements for
reciprocal emergency aid and assistance in case of emergencies
too extensive to be dealt with unassisted; and
WHEREAS, Chapter 252, Florida statutes, sets forth details
concerning powers, duties, rights, privileges, and immunities of
political subdivisions of the state rendering outside aid; and
WHEREAS, Chapter 252, Florida Statutes, authorizes the State
to enter into a contract on behalf of the state for the lease or
loan to any political subdivision of the state any real or
personal property of the state government or the temporary
transfer or employment of personnel of the state
government to or by any political subdivision of the state; and
WHEREAS, Chapter" 252, Florida statutes, authorizes the
governing body of each political subdivision of the state
to enter into such contract or lease with the state, accept any
such loan, or employ such personnel, and such political
EXHIBIT A
~r;t 27. 1994
~
subdivision may equip, maintain, utilize, and operate any such
property and employ necessary personnel therefor in accordance
with the purposes for which such contract is executed, and to
otherwise do all things and perform any and all acts which it may
deem necessary to effectuate the purpose for which such contract
was entered into; and
WHEREAS, Chapter 252, Florida Statutes, authorizes the
Division of Emergency Management to make available any equipment,
services, or facilities owned or organized by the state or its
political subdivisions for use in the affected area upon request
of the duly constituted authority of the area or upon the request
of any recognized and accredited relief agency through such duly
constituted authority; and
WHEREAS, Chapter 252, Florida Statutes, authorizes the
Division of Emergency Management to call to duty and otherwise
provide, within or without the state, such support from available
personnel, equipment, and other resources of state agencies and
the political subdivisions of the state as may be necessary to
reinforce emergency management agencies in areas stricken by
emergencies; and
WHEREAS, Chapter 252, Florida Statutes, requires that each
municipality must coordinate requests for state or federal
emergency response assistance with its county; and
\mEREAS, the state of Florida is geographically vulnerable
to hurricanes, tornadoes, freshwater flooding, sinkhole
April 27. 1994
--
~
formations, and other natural disasters that in the past have
caused severe disruption of essential human services and severe
property damage to public roads, utilities, buildings, parks, and
other government owned facilities; and
WHEREAS, the Parties to this Agreement recognize that
additional manpower and equipment may be needed to ~itigate
further damage and restore vital services to the citizens .of the
affected community should such disasters occur; and
WHEREAS, to provide the most effective mutual aid possible,
each Participating Government, intends to foster communications
between the personnel of the other Participating Government by
visits, compilation of asset inventories, exchange of information
and development of plans and procedures to implement this
Agreement;
NOW, THEREFORE, the Parties hereto agree as follows:
SECTION 1. DEFINITIONS
A. "AGREEMENT" - the Statewide Mutual Aid Agreement for
Emergency Response/Recovery. Political subdivisions of the state
of Florida may become a party to this Agreement by executing a
copy of this Agreement and providing a copy with original
signatures and authorizing resolution(s) to the State of Florida
Division of Emergency Management. Copies of the agreement with
original signatures and copies of authorizing resolutions and
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April 27. 1994
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~
insurance letters shall be filed and maintained at the Division
headquarters in Tallahassee, Florida.
B. "REQUESTING PARTY" - the participating government
entity requesting aid in the event of an emergency. Each
municipality must coordinate requests for state or federal
emergency response assistance through its county.
c. "ASSISTING PARTY" - the participating government entity
furnishing equipment, services and/or manpower to the Requesting
Party.
D. "AUTHORIZED REPRESENTATIVE" - an employee of a
participating government authorized in writing by that government
to request, offer, or provide assistance under the terms of this
Agreement. The list of authorized representatives for the
participating government executing this Agreement shall be
" attached as Appendix A to the executed copy of the Agreement
supplied to the Division, and shall be updated as needed by each
participating government.
E. "DIVISION" - the state of Florida, Department of
community Affairs, Division of Emergency Management.
F. "EMERGENCY" - any occurrence, or threat thereof,
whether natural, or caused by man, in war or in peace, which
results or may result in substantial injury or harm to the
population or substantial damage to or loss of property.
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Apr; l 27. 1994
~
G. IIDISASTER" - any natural, technological, or civil
emergency that causes damage of sufficient severity and magnitude
to result in a declaration of a state of emergency by a county,
Governor, or the President of the united states.
H. IIPARTICIPATING GOVERNMENT" - the state of Florida and
any political subdivision of the state of Florida which executes
this mutual aid agreement and supplies a complete executed copy
to the Division.
I. "PERIOD OF ASSISTANCE" - the period of time beginning
with the departure of any personnel of the Assisting Party from
any point for the purpose of traveling to the Requesting Party in
order to provide assistance and ending upon the return of all
personnel and equipment of the Assisting Party, after providing
the assistance requested, to their residence or regular place of
work, whichever occurs first. The period of assistance shall not
include any portion of the trip to the Requesting Party or the
return trip from the Requesting Party during which the personnel
of the Assisting Party are engaged in a course of conduct not
reasonably necessary for their safe arrival at or return from the
Requesting Party.
J. "WORK OR WORK-RELATED PERIOD" - any period of time in
which either the personn~l or equipment of the Assisting Party
are being used by the Requesting Party to provide assistance and
for which the Requesting Party will reimburse the Assisting
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April 27, 1994
~
Party. Specifically included within such period of time are rest
breaks when the personnel of the Assisting Party will return to
active work within a reasonable time. Specifically excluded from
such period of time are breakfast, lunch, and dinner breaks.
SECTION 2. PROCEDURES
When a participating government either becomes affected by,
or is under imminent threat of, an emergency or disaster, it may
invoke emergency related mutual aid assistance either by: (i)
declaring a state of local emergency and transmitting a copy of
that declaration to the Assisting Party, or to the Division, or
(ii) by orally communicating a request for mutual aid assistance
to Assisting Party or to the Division, followed as soon as
practicable by written confirmation of said request. Mutual aid
shall not be requested by Participating Governments unless
resources available within the st~icken area are deemed
inadequate by the Local Emergency Management Agency. All
requests for mutual aid shall be transmitted by the Authorized
Representative or the Director of the Local Emergency Management
Agency. Requests for assistance may be communicated either to
the Division or directly to an Assisting Party. Requests for
assistance under this Agreement shall be limited to catastrophic
disasters, except where the Participating Government has no other
mutual aid agreement based upon Section 252.40 or l63.01, Florida
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April 27, 1994
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statutes, in which case a Participating Government may request
assistance pursuant to the provisions of this agreement.
A.
REQUESTS DIRECTLY TO ASSISTING PARTY:
The Requesting
Party may directly contact the authorized representative of the
Assisting Party and shall provide them with the information in
paragraph C below. All communications shall be conducted
directly between the Requesting and Assisting Party. Each party
shall be responsible for keeping the Division advised of the
status of the response activities. The Division shall not be
responsible for costs associated with such direct requests for
assistance. However, the Division may provide, by rule, for
reimbursement of eligible expenses from the Emergency Management
Preparedness and Assistance Trust Fund created under section
252.373, Florida statutes.
B. REQUESTS ROUTED THROUGH, OR ORIGINATING FROM, THE
DIVISION: The Requesting Party may directly contact the
Division, in which case it shall provide the Division with the
,
information in paragraph C below. The Division may. then contact
other Participating Governments on behalf of the Requesting Party
and coordinate the provision of mutual aid. The Division shall
not be responsible for costs associated with such indirect
requests for assistance, unless the Division so indicates in
writing at the time it transmits the request to the Assisting
Party. In no event shall the Division or the state of Florida be
7
April 27, 1994
~
responsible for costs associated with assistance in the absence
of appropriated funds. In all cases, the party receiving the
mutual aid shall be primarily responsible for the costs incurred
by any Assisting Party providing assistance pursuant to the
provisions of this Agreement.
c. REQUIRED INFORMATION: Each request for assistance
shall be accompanied by the following information, to the extent
known:
1. A general description of the damage sustained;
2. Identification of the emergency service function for
which assistance is needed (e.g. fire, law enforcement, emergency
medical, transportation, communications, public works and
engineering, building, inspection, planning and information
assistance, mass care, resource support, health and other medical
services, search and rescue, etc..) and the particular type of
assistance needed;
3. Identification of the public infrastructure system for
which assistance is needed (e.g. sanitary sewer, potable water,
streets, or storm water systems) and the type of work assistance
needed;
4. The amount and type of personnel, equipment, materials,
and supplies needed and a reasonable estimate of the length of
time they will be needed;
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ApI'"; l 27, 1994
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5.
The need for sites, structur.:s or buildings outside the
Requesting Party's political subdivision to serve as relief
centers or staging areas for incoming emergency goods and
services; and
6. A specific time and place for a representative of the
Requesting Party to meet the personnel and equipment of any
Assisting Party.
This information may be provided on the form attached as
Exhibit B, or by any other available means. The Division may
revise the format of Exhibit B subsequent to the execution of
this agreement, in which case it shall distribute coipies to all
participating governments.
D. ASSESSMENT OF AVAILABILITY OF RESOURCES AND ABILITY TO
RENDER ASSISTANCE: When contacted by a Requesting Party or the
Division the authorized representatives of any participating
government agree to assess their government's situation to
determine available personnel, equipment and other resources.
All participating governments shall render assistance to the
extent personnel, equipment and resources are available. Each
participating government agrees to render assistance in
accordance with the terms of this Agreement to the fullest extent
possible. When the authorized representative determines that his
Participating Government has available personnel, equipment or
other resources, they shall so notify the Requesting Party or the
9
~ril'27, 1994
~
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Division, whichever communicated the request, and provide the
information below. The Division shall, upon response from
sufficient participating parties to meet the needs of the
Requesting Party, notify the authorized representative of the
Requesting Party and provide them with the following information,
to the extent known:
1. A complete description of the personnel, equipment, and
materials to be furnished to the Requesting Party;
2. The estimated length of time the personnel, equipment,
and materials will be available;
3. The areas of experience and abilities of the personnel
and the capability of the equipment to be furnished;
4. The name of the person or persons to be designated as
supervisory personnel; and
5. The estimated time when the assistance provided will
arrive at the location designated by the authorized
representative of the Requesting Party.
E. SUPERVISION AND CONTROL: The personnel, equipment and
resources of any Assisting Party shall remain under operational
control of the Requesting Party for the area in which they are
serving.
Direct supervision and control of said personnel,
equipment and resources shall remain with the designated
supervisory personnel of the Assisting Party. Representatives of
the Requesting Party shall provide work tasks to the super/isory
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April 27, 1994
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personne~ of the Assisting Party.
The designated supervisory
personne~ of the Assisting Party shall have the responsibility
and authority for assigning work and establishing work schedules
for the personnel of the Assisting Party, based on task or
mission assignments provided by the Requesting Party and the
Division. The designated supervisory personnel of the Assisting
Party shall: maintain daily personnel time records, material
records and a log of equipment hours; be responsible for the
operation and maintenance of the equipment and other resources
furnished by the Assisting Party; and shall report work progress
to the Requesting Party. The Assisting Party's personnel and
other resources shall remain subject to recall by the Assisting
Party at any time, subject to reasonable notice to the Requesting
Party and the Division. At least twenty-four hour advance
notification of intent to withdraw personnel or resources shall
be provided to the Requesting Party unless such notice is not
practicable, in which case such notice as is reasonable shall be
provided. .
F.
FOOD; HOUSING; SELF-SUFFICIENCY
Unless specifically
instructed otherwise, the Requesting Party shall have the
responsibility of providing food and housing for the personnel of
the Assisting Party from the time of their arrival at the
designated location to the time of t~eir departure. However,
Assisting Party personnel and equipment should be, to the
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April 27, 1994
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greatest extent possible, self-sufficient for operations in areas
stricken by emergencies or disasters. The Requesting Party may
specify only self-sufficient personnel and resources in its
request for assistance.
G.
COMMUNICATIONS:
Unless specifically instructed
otherwise, the Requesting Party shall have the responsibility for
coordinating communications between the personnel of the
Assisting Party and the Requesting Party. Assisting Party
personnel should be prepared to furnish communications equipment
sufficient to maintain communications among their respective
operating units.
H.
RIGHTS AND PRIVILEGES
Whenever the employees of the
Assisting Party are rendering outside aid pursuant to this
Agreement, such employees shall have the powers, duties, rights,
privileges, and immunities, and shall receive the compensation,
incidental to their employment.
I. WRITTEN ACKNOWLEDGEMENT The Requesting Party shall
complete a written acknowledgment regarding the assistance to be
rendered, setting forth the information transmitted in the
request, and shall transmit it by the quickest practical means to
the Assisting Party or the Division, as applicable, for approval.
The form to serve as this written acknowledgement is attached as
Attachment C. The Requesting Party/Division shall respond to the
written acknowledgement by executing and returning a copy to the
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Requesting Party by the quickest practical means, maintaining a
copy for its files.
SECTION 3. REIMBURSABLE EXPENSES
The terms and conditions governing reimbursement for any
assistance provided under this Agreement shall be in accordance
with the following provisions, unless otherwise agreed upon by
the Requesting and Assisting Parties and specified in the written
acknowledgment executed in accordance with paragraph 2.I. of this
Agreement. The Requesting Party shall be ultimately responsible
for reimbursement of all reimbursable expenses.
A. PERSONNEL - During the period of assistance, the
Assisting Party shall continue to pay its employees according to
its then prevailing ordinances, rules, and regulations. The
Requesting Party shall reimburse the Assisting Party for all
direct and indirect payroll costs and expenses incurred during
the period of assistance, including, but not limited to, employee
pensions and benefits as provided by Generally Accepted
Accounting Principles (GAAP). The Requesting Party shall
reimburse any amounts paid or due for compensation to employees
of the Assisting Party under the terms of the Florida Workers'
Compensation Act due to personal injury or death occurring while
such employees are engaged in rendering aid under this Agreement.
While providing services to the Requesting Party, employees of
the Assisting Party shall be considered "borrow servantsll of the
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Apr-i l 27, 1994
~
Requesting Party and shall be considered in the "dual employment"
with the Requesting and Assisting Parties, subject to the
supervision and control of both for purposes of Chapter 440,
Florida statutes. While the Requesting Party shall reimburse the
Assisting Party for paym8nts made in workers' compensation
benefits required to be paid to its employees due to personal
injury or death, the Division, and both the Requesting and
Assisting Party shall enjoy immunity from civil prosecution as
provided for in the Florida Workers' compensation Act.
B. EQUIPMENT - The Assisting Party shall be reimbursed by
the Requesting Party for the use of its equipment during the
period of assistance according to either a pre-established local
or state hourly rate or according to the actual replacement,
operation, and maintenance expenses incurred. Fqr those
instances in which costs are reimbursed by the Federal Emergency
Management Agency, the eligible direct costs shall be determined
in accordance with 44 CFR 206.228. The Assisting Party shall pay
for all repairs to its equipment as determined necessary by its
on-site supervisor(s) to maintain such equipment in safe and
operational condition. At the request of the Assisting Party,
fuels, miscellaneous supplies, and minor repairs may be provided
by the Requesting Party, if practical. The total equipment
charges to the Requesting Party shall be reduced by the total
value of the fuels, supplies, and repairs furnished by the
14
Apri l 27, '994
""""'
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Requesting Party and by the amount of any insurance proceeds
received by the Assisting Party.
C. MATERIALS AND SUPPLIES - The Assisting Party shall be
reimbursed for all materials and supplies furnished by it and
used or damaged during the period of assistance, except for the
costs of equipment, fuel and maintenance materials, labor and
supplies, which shall be included in the equipment rate
established in 3.B. abover unless such damage is caused by gross
negligence, willful and wanton misconduct, intentional misuse, or
recklessness of the Assisting Party's personnel. The Assisting
Party's Personnel shall use reasonable care under the
circumstances in the operation and control of all materials and
supplies used by them during the period of assistance. The
measure of reimbursement shall be determined in accordance with
44 CFR 206.228.
In the alternative, the Parties may agree that
the Requesting Party will replace, with like kind and quality as
determined by the Assisting Party, the materials and supplies
used or damaged. If such an agreement is made, it shall be
reduced to writing and transmitted to the Division.
D. RECORD KEEPING - The Assisting Party shall maintain
records and submit invoices for reimbursement by the Requesting
Party or the Division using format used or required by FEHA
publications, including 44 CFR part 13 and applicable Office of
Management and Budget Circulars. Requesting Party and Division
15
. .
'. .... '. .' .' , . - . . , .... - . .' . . . : . . '". . '; ..
. . , '
April 27, 1994
~
~
finance personnel shall pro~ide information, directions, and
assistance for record keeping to Assisting Party personnel.
E. PAYMENT - Unless otherwise mutually agreed in the
written acknowledgement executed in accordance with paragraph
2.I. or a subsequent written addendum to the acknowledgement, the
Assisting Party shall bill the Requesting Party for all
reimbursable expenses with an itemized Notice as soon as
practicable after the expenses are incurred, but not later than
sixty (60) days following the period of assistance, unless the
deadline for identifying damage is extended in accordance with 44
CFR part 206. The Requesting Party shall pay the bill, or advise
of any disputed items, not later than sixty (60) days following
the billing date. These timeframes may be modified by mutual
agreement. This shall not preclude an Assisting Party or
Requesting Party from assuming or donating, in whole or in part,
the costs associated with any loss, damage, expense or use of
personnel, equipment and resources provided to a Requesting
Party.
F. PAYMENT BY OR THROUGH THE DIVISION: The Division of
Emergency Management may reimburse for all actual and necessary
travel and subsistence expenses for personnel providing
assistance pursuant to the request of the Division, to the extent
of funds available, and contingent upon an annual appropriation
from the Legislature for such purposes. The Assisting Party
16
Nlril 27, 1994
......
~
shall be responsible for making written request to the Division
for reimbursement of travel and subsistence expenses, prior to
submitting a request for payment to the Requesting Party. The
Assisting Party's written request should be submitted as soon as
possible after expiration of the period of assistance. The
Division shall provide a written response to said requests within
ten (10) days of actual receipt. If the Division denies said
request, the Assisting Party shall then bill the Requesting
Party. In the event that an affected jurisdiction requests
assistance without forwarding said request through the Division,
or an assisting party provides assistance without having been
requested by the Division to do so, the Division shall not be
liable for reimbursement of any of the cost(s) of assistance.
The Division may serve as the eligible entity for requesting
reimbursement of eligible costs from FEMA. Any costs to be so
reimbursed by or through the Division shall be determined in
accordance with 44 CFR 206.228. The Division may authorize
applications for reimbursement of eligible costs from the
undeclared disaster portion of the Emergency Management
Preparedness and Assistance Trust Fund established pursuant to
section 252.373, Florida statutes, in the event that the disaster
or emergency event is not declared pursuant to the Robert T.
Stafford Disaster Relief and Emergency Assistance Act, Public Law
93-288, as amended by Public Law 100-707. Such applications
17
Apr;l 27. 1994
~
shall be evaluated pursuant to rules established by the Division,
and may be funded only to the extent of available funds. SECTION
SECTION 4. INSURANCE
Each participating government shall bear the risk of its own
actions, as it does with its day-to-day operations, and determine
for itself what kinds of insurance, and in what amounts, it
should carry. If a participating government is insured, its file
shall contain a letter from its insurance carrier authorizing it
to provide and receive assistance under this Agreement, and
indicating that there will be no lapse in its insurance coverage
either on employees, vehicles, or liability. If a participating
government is self-insured, its file shall contain a copy of a
resolution authorizing its self-insurance program. A copy of the
insurance carrier's letter or the resolution of self-insurance
shall be attached to the executed copy of this Agreement which is
filed with the Division. Each Assisting Party shall be solely
responsible for determining that its insurance is current and
adequate prior to providing assistance under this agreement. The
amount of reimbursement from the Division or the Requesting Party
shall be reduced by the amount of any insurance proceeds to which
the Assisting Party is entitled as a result of losses experienced
in rendering assistance pursuant to this Agreement.
SECTION 5. LIABILITY
18
April 27, 1994
~
To the extent permitted by law, and without waiving
sovereign immunity, each Party to this Agreement shall be
responsible for any and all claims, demands, suits, actions,
damages, and causes of action related to or arising out of or in
any way connected with its own actions, and the actions of its
personnel, in providing mutual aid assistance rendered or
performed pursuant to the terms and conditions of this Agreement.
SECTION 6. LENGTH OF TIME FOR EMERGENCY
The duration of such state of emergency declared by the
Requesting Party is limited to seven (7) days.
It mav be
..
extended, if necessary, in 7 day increments.
SECTION 7. TERM
This Agreement shall be in effect for one (1) year from the
date hereof and shall automatically be renewed in successive one
(l) year terms unless terminated in writing by the participating
government. Notice of such termination shall be made in writing
and shall be served personally or by registered mail upon the
Director, Division of Emergency Management, Florida Department of
Community Affairs, Tallahassee, Florida, which shall provide
copies to all other Participating Parties.
SECTION 8. EFFECTIVE DATE OF THIS AGREEMENT
This Agreement shall be in full force and effect upon
approval by the participating government and upon proper
execution hereof.
19
April 27, 1994
~
~
SECTION 9.
ROLE OF DIVISION OF EMERGENCY MANAGEMENT
The responsibilities the Division of Emergency Management,
Florida Department of Community Affairs under this Agreement are
to: (1) request mutual aid on behalf of a participating
government, under the circumstances identified in this Agreement;
(2) coordinate the provision of mutual aid to a requesting party,
pursuant to the provisions of this Agreement; (3) serve as the
eligible entity for requesting reimbursement of eligible costs
from FEMA, upon a Presidential disaster declaration; (4) serve as
central depository for executed Agreements; and (5) maintain a
current listing of Participating Governments with their
Authorized Representative and contact information, and to provide
a copy of the listing to each of the Participating Governments on
an annual basis during the second quarter of the calendar year.
SECTION 10. SEVERABILITY; EFFECT ON OTHER AGREEMENTS
Should any portion, section, or subsection of this Agreement
be held to be invalid by a court of competent jurisdiction, that
fact shall not affect or invalidate any other portion, section or
SUbsection; and the remaining portions of this Agreement shall
remain in full force and affect without regard to the section,
portion, or subsection or power invalidated.
In the event that any parties to this agreement have entered
into other mutual aid agreements, pursuant to Section 252,40,
Florida Statutes, or interlocal agreements, pursuant to Section
20
Florida statutes, those parties agree that said
agreements are superseded by this agreement only for emergency
management assistance and activities performed in catastrophic
emergencies pursuant to this agreement. In the event that two
more parties to this agreement have not entered into another
mutual aid agreement, and the parties wish to engage in mutual
aid, then the terms and conditions of this agreement shall apply
<unless otherwise agreed between those parties.
April 27. '994
~
IN WITNESS WHEREOF, the parties set forth below have duly
executed this Agreement on the date set forth below:
ATTEST:
CLERK OF THE CIRCUIT COURT
BOARD OF
OF
FLORIDA
( County)
By:
By:
Deputy Clerk
Chairman
APPROVED AS TO FORM:
Office of the Attorney
By:
EXECUTED BY THE FOLLOWING PARTICIPATING LOCAL GOVERNMENTS IN
, COUNTY (attach authorizing resolution or ordinance
and insurance letter or resolution for each)
, by
Political Subdivision
Authorized Official
Date
, by
Political Subdivision
Authorized Official
Date
, by
Political Subdivision
Authorized Official
Date
, by
Political Subdivision
Authorized Official
Date
I by
Political Subdivision
Authorized Official
Date
, by
Political Subdivision
Authorized Official
Date
I by
Political Subdivision
Authorized Official
Date
ACKNOWLEDGED AND AGREED BY THE DIVISION OF EMERGENCY ~~AGEMENT
By.:
Director
22
April 27, 1994
.....
~
MUTUAL AID AGREEMENT
FOR EMERGENCY RESPONSE/RECOVERY
APPENDIX A
Date:
Name of Government:
Mailing Address:
City, state, Zip:
Authorized Representatives to Contact for Emergency Assistance:
primarv Reoresentative
Name:
Title:
Address:
Day Phone:
Night Phone:
FAX No.:
1st Alternate Reoresentative
Name:
Title:
Address:
Day Phone:
Night Phone:
2nd Alternate Reoresentative
Name:
Title:
Address:
Day Phone:
Night Phone:
23
. .
REQUIRED INFORMATION
Each request for assistance shall be accompanied
following information, to the extent known:
1. General description of the damage sustained:
Identification of the emergency service function
is needed (e.g. fire, law enforcement, emergency
medical, transportation, communications, public works and
engineering, building, inspection, planning and information
assistance, mass care,
resource support, health
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REQUIRED INFORMATION (continued)
3. Identification of the public infrastructure system for which
assistance is needed (e.g. sanitary sewer, potable water,
streets, or storm water systems) and the type of work assistance
needed:
and type of personnel, equipment, materials,
supplies needed and a reasonable estimate of the length of tim~
they will be needed:
ri~ed sites, structures or buildings outside the
Requesting Party's political subdivision to serve as relief
centers or staging areas for incoming emergency goods and
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AUTHORIZED REPRESENTATIVE:
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Time Arrival
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MOTION TO AMEND ORDINANCE 5630-94
=4=F ~ }
1. In the title, last line, insert:
CREATING SECTION 32.160, CODE OF ORDINANCES, TO PROVIDE
FOR VARIANCES;
2. On page 3, add a new Section 2 to read:
Section 2, Section 32,160, Code of Ordinances, is created to read:
See, 32.160, Variances.
(1) The Director of Public Works may grant a variance from
the terms of section 32.159 when such variance will not be contrary
to the public interest and where, owing to special conditions, a
literal enforcement of the provisions of that section would result
in hards hip on the app 1 i cant. Hardsh i p may i nc 1 ude but is not
limited to physical handicap, irrigation system limitations,
religious convictions or the health and safety of the applicant.
Such variance shall not be granted unless and until a written
application for a variance shall be submitted demonstrating that:
(a) The variance shall not be in conflict with any other
applicable ordinance or state law;
(b) The variance will not adversely affect the water supply.
(c) The variance will not violate the general spirit and
intent of this Division nor will it be inconsistent with
the comprehensive plan.
(2) The Director of Pub1ic Works shall consider the variance
as soon as is practical after submittdl of the written application.
In granting any variance, the Director of Public Works may prescribe
appropr i ate cond i t ions to as sure conformance wi th the cr iter i a
listed in subsection (1) above, Violation of such conditions, when
made a part of the terms under which the variance is granted, shall
be deemed a violation of this section and shall be subject to the
same enforcement and penalties as a violation of section 32,159.
(3) If a variance is denied, the applicant may appeal the
denial to the City Manager by filing a written request for a hearing
with the City Manager within 15 days following receipt of notice of
denial of the variance. The hearing shall occur as soon as is
reasonably practicable but not later than 35 days after receipt of
the request for the hearing. The hearing shall provide for adequate
due process as constitutionally required in any quasi-judicial
proceeding, The City Manager may uphold the denial of the variance,
grant the variance, or grant a variance with such terms as the City
~1anager deems necessary to assure conformance 'tlith the criteria
listed in subsection (1) above,
3. Renumber existing Section 2 as Section 3.
--
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---
Clearwater City Commission
Agenda Cover Memorandum
~ \,
Item #
Meeting Date:
~ /1 LiflY
SUBJECT:
An ordinance relating to water shortages amending city water restrictions and
authorizing enforcement of Pinellas County water use restrictions that may be
more stringent than city restrictions.
RECOMMENDATION/MOTION:
Pass on first reading ordinance No. 5630-94 that relates to water shortages and
amends current water use restrictions of the City of Clearwater, adopts by
reference recent water use restrictions adopted by Pinellas County and
authorizes enforcement of those Pinellas County water use restrictions that may
be more stringent than city restrictions
~ and that the appropriate officials be authorized to execute same.
BACKGROUND:
The County Commissioners of Pinellas County recently adopted water use
restrictions that limits overhead irrigation of established lawns and
landscaping to the hours of 5:00 a.m. to 9:00 a,m, and 7:00 p.m. to 11:00 p.m,
At addresses ending in an even number or letters II A" through "M", watering is
permitted during those hours on Tuesdays and/or Saturdays. At addresses ending
in an odd number or the letters "Nil through "2", or at locations with no
address, watering lS permitted during those hours on Wednesdays and/or Sundays,
Because the City of Clearwater lS the major wholesale water customer of
Pinellas County, the same restrictions should be adopted for implementation on
customers of the Clearwater Water System. Ordinance No. 5630-94 adopts the
county water restrictions by reference and additionally authorizes enforcement
of the enhanced restrictions, which lS not referenced In the current ordinance.
Ordinance No, 5630-94 also allows for the enforcement of any future Pinellas
County water use restrictions that may be more stringent than city restrictions
without additional ordinance modifications.
Reviewed by:
Legal
Budget
Purchasing
Risk Mgmt.
CIS
ACM
Other
~
Originating Dept:
Public ~orks/~ntcr
~/(~J
Costs: S n/a
Total
Commission Action:
o Approved
o Approved w/conditions
o Denied
o Continued to:
N/A
N/A
N/A
tjA
c:..t.>
N/A
User Dept:
$
Current Fiscal Yr.
Submit ted by:
a /f/~::t--~
Ci~un~r
Advertised:
Date:
Paper:
o Not Required
Affected PiH't ies
o Not if i ed
~ Not Requi red
Fundlng Source:
o Capitol Imp.
o Operating
o Other
Approprlatlon Code:
n/a
Attachments:
Ordinance No. 5630-94
)rll!H)Svd walvr restri.ctions
o None
'J:llc'r consumption ch(Jrt
" ,
. '.
. _'-.L-L.--~- ~~----I.~
ORDINANCE NO, 5630-94
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
RELATING TO WATER SHORTAGES; AMENDING SECTIONS 32.153
AND 32,159, CODE OF ORDINANCES, TO ADOPT BY REFERENCE
HATER USE RESTRICTIONS RELATING TO THE IRRIGATION OF
LAvlNS, LANDSCAP I NG AND GOLF COURSES ADOPTED BY THE BOARD
OF COUNTY CO~1MI SS lONERS OF PI NELU,S COUNTY, FLOR I DA,
HHICH ARE MORE STRINGENT THAN THE WATER USE RESTRICTIONS
OF THE CITY OF CLEARWATER FOR SUCH ACTIVITIES;
AUTHORIZING THE ENFORCEMENT OF PINELLAS COUNTY WATER USE
RESTRICTIONS AND THE IMPOSITION OF PENALTIES FOR THEIR
VIOLATION; AMENDING THE WATER USE RESTRICTIONS OF THE
CITY OF CLEARHATER WHICH SHALL BE ENFORCED EXCEPT WHEN
MORE STRINGENT RESTRICTIONS OF PINELLAS COUNTY OR THE
SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT ARE IN
EFFECT; PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. Sections 32.153 and 32.159, Code of Ordinances, are amended to
read:
Sec. 32.153, Declaration of water shortage condition or emergency by water
management district or by Pinellas County; enforcement; penalties,
(1) The declaration of a water shortage condition Ol~ water shortage
emergency affecting all or any part of the city or its water service area by the
governing board or the executive director of the district, or by the board of
county co~nissioners of Pinellas County, Florida, and the imposition bv either
aaency of water use restrictions more stringent than the restrictions set forth
in section 32.159, shall invoke the provisions of this division.
(2) Upon such declaration and imposition of more stringent restrictions,
the water use restrictions imposed by the district or by Pinellas County pursuJllt
to chapter 100 21, Florida Administrative Code, applicable to the city or any
portion thereof, are adopted by reference as if incorporated herein and shall be
subject to enforcement action pursuant to section 32.154,
ill Any violation of the provlslons of chapter 40D-21, Florida
Administrative Code, or any order issued pursuant thereto, includinq but not
necessarily limited to Order 92-12 of the district, as amended by Orders 92-21
and 92-60 of the district, as the same may be amended froln time to time, shall
be a violation of this division and shall be punishable as a class IV or higher
classification violation as provided in section 32.155.
ill l\nv violation of an ordinance adopted by the board of countv
commissioners of Pinellas Couiltv establishinG restrictions on the irriqation of
la'tms, landscaoina, or (Joli (ourse~r anv rules or re(jlllation~roll1uloated by
Pinellas Countv establishinG such restrictionsL_':Jhich restrictions ilre more
_~trinClent that the restrictions established bv the distrLct or bv section 32.159
below, and which are applicable to the city or any portion thereof, shall be a
violation of this division and shall be punishable as a class IV or hiaher
classification violation as provided in section 32,155.
Sec. 32.159, Water use restrictions; enforcement; penalties.
Except as provided in this section, the use of the water resource, whether
from public or pt'ivately owned water utility systems, private wells or private
connections with surface water bodies, for irrigation shall be limited and
restricted as follows:
*
*
*
*
*
(2) Irrigation of established lawns and landscaping.
(a) The irrigation of established lawns by any method, and the
irrigation of established landscaping by methods other than
low-volume methods, shall be prohibited except durinq between
the hours of 5:00 a,m. to 9:00 a.m. and 7:00 p,m, to 11:00
D.m. 10:00 J.m. Jnd q:OO p.m. on all days of the week.
(b) The irrigation of established lawns and landscaping shall be
further restricted as follows:
1, At addresses ending in an even number or in the letters
A through N, irrigation may occur from 5:00 a.m, to 9:00
a.m. 12:00 midnight to 10:00 J.m. and from 7:00 p.m. to
11:00 p.m. 1:00 p.m. to midnight on Tuesdays and
Saturdays only.
2, At addresses ending 1n an odd number or in the letters
N through Z, or at locations with no addresses,
irrigation may occur frolll 5:00 a,m. to 9:00 a.m, ~.g.
m-idnight to 10:00 J,m. and from 7:00 p.m. to 11:00 p.m.
1:00 p.m. to midnight on Wednesdays and Sundays only,
(c) Irrigation of lawns after verticutting shall be permitted once
a day as needed for not more than two weeks after
verticutting; provided, however, that such irrigation shall be
accomplished during the hours permitted for the irrigation of
established lawns and landscaping.
(3) Irrigation of new lawns and landscaping, Irrigation of new lawns and
landscaping shall be limited to the hours of 5:00 a.m. to 9:00 a.lIl.
and ft'OIll 7:00 p.m. to 11 :00 p.m, 1:00 p.m. to 10:00 ~Lm., but shall
be permitted on any day of the week during the first 30 days after
plant ing. Not less than 50 percent of the la'tm or landscaped area or~
portion thereof being irrigated lIlust be new to qualify as a new lawn
or landscaping.
*
*
*
*
*
2
(6) Exceptions. This section shall not apply:
(a) To the use of treated wastewater effluent;
(b) To low-volume irrigation or hand-watering of new or
established landscaping (excluding lawns);
(c) To irrigation for the purpose of watering-in of insecticides,
fungicides and herbicides, where such watering-in is required
by the manuf acturer or by f edera 1, state or 1 oca 1 law;
provided, however, that such watering-in shall be permitted
only during the hours allowed for normal irrigation;
(d) To the operation of irrigation systems for testing purposes;
provided, however, that such operation shall be 1 imited to
once per week per irrigation zone;
(e) At times when more stringent water use restrictions of the
Southwest Florida Water Management District or of Pinellas
.c 0 U n t y, F lor i d a I are i n e f f e c t, i n w h i c h cas e the \'1 ate r use
restrictions of the district or the county shall be enforced
as provided in this article.
Section 2, This ordinance shall take effect immediately upon adoption.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL READING
AND ADOPTED
Rita Garvey
Mayor-Commissioner
Cynthia E, Goudeau
City Clerk
correctness:
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BOARD OF COUNTY COMNrISSIONERS
PINELLAS COUNTY, FLORIDA
.' 't I') . "!\ '. .....
'. . .. ~..'. .. ..;l.
PINELLAS COUNTY WATER SYSTEM
P. 0, BOX' 780
CLEARWATER. FLORIDA 34617
1'\')''''r~II:)I.~~(.: U\\
",,1 1\1 ~ ..", ..
COMMISSIONERS PRSS::
BRUCE TYNDALL - CHAIRMAN 0 18 I:.AUN 9 1994
BARBARA SHEEN TODD - VICE CHAIRMAN a I'!
SALLIE PARKS
CHARLES E. RAINEY CITY t \1 ... ~~^
STEVE SEIBERT U'-'-' .,.
RECET\TED
JUN - 8 1994
City t-Aanoger
. June 3, 1994
~ m"L0/ ~ .
~
Mr. Michael Wright
,City Manager
City of Clearwater
.112 South Osceola Avenue
Clearwater, Florida 34618
Subject: . Proposed Water Restriction Ordinances
.' Dear Mr: Wright:
. ,,'.. Enclosed are copies of two (2) proposed ordinances recently updated, and currently being
< .': <; ":.', considered by the'Pinellas County Board of County Commissioners (BCC) with regard to the
....'..:::' '::' " ~~rrent water shortage situation. .
. . . ~ .:~ ., . ,: ... ~ ~ !. :. .
_I" . ",_, "... . "'
. .' _.' On~ (1) ordinance "is intended to. give the BCe authority to modify the water restrictions by
. resolution if the restrictions so ordered are stricter than those in .place,
. " . The second ordinance makes the existing restrictions stricter by reducing the numher of
permissible hours for irrigation. It also makes recommendations for private wells and variances.
Please call me if you have any questions or comment<;.
. Yours truly,
PINELLAS COUNTY WATER SYSTEM
H C d4!f
Damel e. Christy, P.E.
Interim Director
PINELLAS COUNTY
~
ucc/hkn/OO95 a
WATER SYSTEM
"Pinellas County is an Equal Opportunity Employer" . Member.Pinellas Partnership for a Drug Free Workplace 0 printed on recycled paper
request~d the assistance of Pinellas County in the enforcement of
the provisions of the "Water Shortage Plan"; and
WHEREAS. it is the desire of the Board of County Commissioners
!
f
r.
to provide the Southwest. Florida Water Management District with
all possible assistance in the enforcement of the provisions of
the "Water Shortage Plan" during the present water shortage and
'.
.,
';.
;'!
any possible water shortage or water shortage emergency that may
NOW THEREFORE.
BE
IT ORDAINED BY THE BOARD OF COUNTY
;~
f~
>:
I.
~~
;
occur in the future.
COMMISSIONERS OF PINELLAS COUNTY, FLORIDA;
Section 1. DEFINITIONS.
I
I
!
For the purpose of
this
Ordinance the
following terms,
phrases. words and their derivations shall have the meaning given
herein. When not inconsistent with the context, words used in the
present tense include the future, words in the plural include the
~ingular. and words in the singular include the plur~l.
The word
"shall" is always mandatory and not merely directory.
(a) "District" is the Southwest Florida Water Management
District.
.
(b) "Person" is any person. firm, partnership, association.
corporation. company or organization of any kind,
(c) "'Water resource" means any and all water on or beneath
the
surface
of
the
ground,
including
natural
or
artificial water
courses,
lakes,
ponds
or
diffused
surface water, and water percolating, standing or flowing'
beneath the surface of the ground.
- 2 -
)l1L -- ~)
BOARD OF COUNTY COlVIMISSIONERS
PINELLAS COUNTY, FLORIDA
":tl'i:."!o.. ,~~.
'. .. ....'. -. .~,
PINELLAS COUNTY WATER SYSTEM
P. O. BOX 1780
CLEARWATER, FLORIDA 34617
l"';,III!l.:,i.,'-;';J!' )1\'
\.1' l\Sh~1 \.
n'''I;:C.,:'
rtii-V
BRUCE TYNDALL. CHAIRMAN 0 t r~UN
BARBARA SHEEN TODD - VICE CHAIRMAN a e ~
SALLIE PARKS
CHARLES E. RAINEY
STEVE SEIBERT
COMMISSIONERS
Q 1994
~
CITY Gw\"
RECEI\7ED
JUi~ - 8 1994
City t'w~anager
, June 3, 1994
.
~ In'L(ft/ 7" -
~
Mr. Michael Wright
,City Manager
City of Clearwater
112 South Osceola Avenue
Clearwater, Florida 34618
Subject:, Proposed Water Restriction Ordinances
" Dear Mr, Wright:
. .' '.', ,Enclosed are copies of two (2) proposed ordinances recently updated, and currently being
. -,: ':',', considered by the'Pinellas County Board of County Commissioners (Bce) with regard to the
':.:.... '.::~' ~urrent water shortage situation.
'\ '
".:'1 ) . . . 1... ~ .~. '. ,
".1 " . ... ~ . .
", .., One (1) ordinance "is intended to give the BCC authority to modify the water restrictions by
, " . resolution if the restrictions so ordered are stricter than those in ,place.
. The second ordinance makes the existing restrictions stricter by reducing the number of
permissible hours for irrigation. It also makes recommendations for private wells and variances. .
Please call me if you have any questions or comment~.
. Yours truly,
PINELLAS COUNTY WATER SYSTEM
k C d~4f
Damel C. Chnsty, P.E,
Interim Director
P1NELLAS COUNTY
6
dcc/hkn/OO95a
WATER SYSTEM
....
IIPinellas County is an Equal Opportunity Employer" . Member.Pinellas Partnership for a Drug Free Workplace taJ printed on recycled paper
ORDINANCE NO. 94-
AN ORDINANCE PROVIDING FOR LOCAL ENFORCEMENT
OF WATER SHORTAGE PLANS AND ORDERS OF THE
SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT:
PROVIDING FOR DEFINITIONS: PROVIDING FOR WATER
SHORTAGE EMERGENCIES AND DECLARATIONS:
PROVIDING FOR ENFORCEMENT AND PENALTIES:
PROVIDING FOR REPEAL OF CONFLICTING
ORDINANCES: PROVIDING FOR SEVERABILITY:
PROVIDING FOR AN EFFECTIVE DATE
WHEREAS,
(rom time to time a water shortage may arise
affecting Pinellas County: and
WHEREAS, during such water shortage condition the amount of
surface and ground water supplies may become perilously low and
insufficient to meet current or anticipated demands: and
WHEREAS. . upon the existence of such conditions it becomes
imperative to the public well being that certain uses of water be
restricted or curtailed, and that available water resources be
allocated: and
WHEREAS. the Southwest Florida Water Management District has
responsibility under Chapter 373, Florida Statutes, for regulating
water use and allocating available water supplies during periods
of water shortage: and
WHEREAS. the Southwest Florida Water Management District has
adopted in 40D-21 F.A.c. a "Water Shortage Plan" for the purpose
of allocating and conserving the water resource during the present
water
shortage
and
future periods
o[
water
shortage,
and
maintaining a uniform approach towards water use restrictions
during such periods: and
WHEREAS. the Southwest. F'lorida Water Management District has
request~d the assistance of Pinellas County in the enforcement of
the provisions of the IIWater Shortage Planll: and
WHEREAS, it is the desire of the Board of County Commissioners
to provide the Southwest Florida Wat.er Management Dist.rict with
all possible assistance in the enforcement. of t.he provisions of
t.he "Wa ter Sho r tage Plan" dur ing the pres ent wa ter shortage and
any possible water shortage or water shortage emergency that may
occur in the future.
t
NOW THEREFORE,
BE
IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF PINELLAS COUNTY. FLORIDA;
sect.ion 1. DEFINITIONS.
For the purpose of
this Ordinance the following terms,
phrases, words and their derivations shall have the meaning given
herein. When not inconsistent with t.he context, words used in the
present tense include the future, words in the plural include the
singular, and words in the singular include the plur~l.
The word
"shall" is always mandatory and not merely directory.
(a) "Districtll is the Southwest Florida Water Management
District.
-
(b) "Person" is any person, firm, partnership, association,
corporation, company or organization of any kind.
(c) "Water resource" means any and all water on or beneath
the
surface
of
the
ground,
inclUding
natural
or
artificial
water
courses,
lakes,
ponds
or
diffused
surface water. and water percolating, standing or flowing'
beneath the surface of the ground.
- 2 -
(d) "Water shortage condition" is when sufficient water is
not available to meet present or anticipated needs of
persons using the water resource. or when conditions are
such as to require temporary reduction in total water
usage within a particular area to protect the water
resource [rom serious harm. A water shortage usually
occurs due to drought.
(e) "Water Shortage Plan" means Chapter 40D-21. Florida
Administrative Code. the codification of the Water
Shortage Plan adopted and pUbliShed by the Southwest
Florida Water Management District. or any modification or
derivative of Chapter 40D-2l which may be current at the
time a water shortage or water shortage emergen~y is
declared.
Section 2. APPLICATION OF ORDINANCE.
The provisions of this Ordinance shall apply to all persons
using the water resource. whether from public or privately owned
water utility systems, private wells, or private connections with
surface water bodies. This Ordinance shall not apply to, persons
using treated wastewater effluent.
Section 3. DECLARATION OF WATER SHORTAGE; WATER SHORTAGE
EMERGENCY.
The declaration of a water shortage or water shortage
emergency within all or any part of Pinellas County by the
Governing Board or the Executive Director of the District or by
resolution of the Board of County Commissioners of Pinellas County
shall invoke the provisions of this Ordinance,
- 3 -
(a) Upon such a declaration by the Governing BoaI:'d o I:' the
Executive Director of the DistI:'ict all water use
restrictions or other measures adopted by the District
pursuant to Chapter 40D-21, Florida Administrative Code,
applicable to Pinellas County, or any portion thereof,
shall be subject to enforcement action pursuant to this
Ordinance. Any violation of the provisions of Chapter
40D-21, Florida Administrative Code, or any order issued
pursuant thereto, shall be a violation of this Ordinance.
(b) Upon such a declaration by the Board of County
Commissioners all water use restI:'ictions adopted by the
Board of County Commissioners shall be subject to
enforcement action pursuant to this Ordinance. The
Resolution of the Board of County Commissioners declaring
a water shortage or water shortage emergency. shall
specify those restrictions deemed necessary to meet the
water shortage. Such I:'estI:'ictions may include but are
not limited to apportioning. rotating. limiting or
prohibiting the uses of water. The Board of County
Commissioners is hereby authorized to adopt any
res tric t ions as s peci f ied in 40D-21 F. A. C. The Board of
County Commissioners shall choose a combination of the
restrictions contained in 40D-21 or any other appropriate
and necessary restrictions deemed necessary to meet the
water shortage. Any viOlation of such restrictions shall
be deemed a violation of this Ordinance.
- 4 -
Section 4. ENFORCEMENT.
All law enforcement officers and code enforcement officers in
Pinellas County shall, in connection with all other duties imposed
by law, diligently enforce the provisions of this Ordinance. In
addition, the County Administrator may also delegate enforcement
responsibility for this Ordinance to agencies and departments of
Pinellas County government in the service areas governed by this
Ordinance, in accordance with state and local law.
Section 5. PENALTIES.
(~) Any person who shall violate any provision of this
Ordinance shall be subject, upon conviction in a court of
competent jurisdiction, to a fine not to exceed $500.00, or
imprisonment in the county jail for a period not to exceed 60
days. or by both such fine and imprisonment.
(b) In addition to the penalties provided in subparagraph (a)
the provisions of this Ordinance may be enforced by appropriate
action or proceeding in a court of competent jurisdiction in order
to prevent or abate violations of this Ordinance.
(c) Each and every violation of this
constitute a separate offense.
Section 6. ORDINANCES REPEALED.
Pinellas County Ordinance No. 73-5, 73-6, 75-16 and 85-12 are
hereby repealed.
Section 7. SEVERABILITY.
If any section, sentence,
is held to be invalid or
Ordinance
shall
clause or phrase of
unconstitutional by
this Ordinance
any
Court
of
- 5 -
PINELLAS COUNTY ORDINANCE NO.: 94-
AN ORDINANCE RELATING TO RESTRICTIONS ON THE
IRRIGATION OF ESTABLISHED LAWNS AND
LANDSCAPING: PROVIDING FOR DEFINITIONS
PROVIDING FOR THE RESTRICTION OF SUCH
IRRIGATION TO THE HOURS OF 5:00 A.M. TO 9:00
A.M. and 7:00 P.M. to 11:00 P.M.; PROVIDING
PENALTIES; PROVIDING CIVIL REMEDIES; PROVIDING
FOR AREAS EMBRACED; PROVIDING SEVERABILITY;
PROVIDING FOR VAR lANCES AND PROVIDING AN
EFFECTIVE DATE
WHEREAS. the Southwest Florida Water Management District in
Order 92-12 has declared a water shortage throughout the counties
of Pasco, Pinellas. Hillsborough. Manatee, Hardee. Highlands.
Sarasota, DeSoto and Charlotte;
WHEREAS. the Order 92-12 has been modified by Southwest
Florida Water Management District Order 92-21 and Order 92-60;
WHEREAS. Order 92-12,
92-21 and 92-60 (collectively the
"Orders") provide for certain restrictions on uses of water;
WHEREAS. the Orders authorize a local government to adopt more
restrictive water use restrictions and provides that such more
restrictive restrictions shall supersede the applicable provisions
of the Orders when in conflict with the Orders;
WHEREAS. the cumulative effects of below normal rainfall make
it prudent f or the Board of County commiss ioners to adopt more
restrictive water use restrictions;
WHEREAS. the Board of County commiss ioners hereby finds and
determines that the regulations adopted by this Ordinance are
necessary to promote and protect the pUblic health, safety and
welfare of the citizens of Pinellas County, Florida;
NOW,
THEREFORE BE
IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF PINELLAS COUNTY, FLORIDA;
- 2 -
or any other day, is unlawful and a violation of
this Ol:dinance.
s. Existing var:iances granted by the Southwest Flol:ida
Water Management District ar:e exempt fr:om the
provisions of this Ordinance.
D. Irrigation from private wells shall not be further
restricted except in accordance with 40D-21.601(2) F.A.C.
and Southwest Florida Water Management District Order
92-12.
Section 4. Penalties.
(a) Any person who shall violate any pr:ovision of this
Ordinance shall be subject, upon conviction in a court of
competent jUl:isdiction. to a fine not to exceed $500.00. or
impl:isonment in the county jail for a pes:iod not to exceed 60
days. or by both such fine and imprisonment.
(b) In addition to the penalties provided in subparagraph (a)
the provisions of this Ordinance may be enforced by appropriate
action or proceeding in a court of .competent jurisdiction in order
to prevent or abate violations of this Ordinance.
(9) Each and ever:y violation of this Ordinance shall
constitute a separ:ate offense.
Section 5. Area Embraced. All terl:i tory within the legal
boundaries of pinellas County. Florida. including all incorporated
and all unincorporated areas served directly or indirectly by the
Pinellas County Water System either by wholesale or retail service
are subject to this Ordinance,
Section 6. Severability. If any provision of this Or:dinance
- 3 -
or the application thereof to any person or circumstance is held
invalid. it is the intent of the Pinellas County Board of County
Commissioners that the invalidity shall not a(fect other
provisions or applications of the Ordinance which can be given
effect without the invalid provision or application. and to this
end the provisions of this Ordinance are declared severable.
Section 7. Variances. (a) Authority: The County
Administrator or his designee may grant a variance from the terms
of this Ordinance when such variance will not be contrary to the
public interest and where. owing to special conditions, a literal
enforcement of the provisions of this article would result in
hardship on the applicant, Hardship may include but is not
limited to physical hardship, irrigation system limitations
religious convictions or the health and safety of the applicant.
Such variance shall not be granted by the County Administrator or
his designee unless and until a written application for a variance
shall be submitted to the Pinellas County Water System
demonstrating:
1. That the variance shall not be in conflict with any other
applicable ordinance or state law.
2. The variance will not adversely affect the water supply.
3. The variance will not violate the general spirit and
intent of this Ordinance nor will it be inconsistent with
the comprehensive plan.
(b) Approva 1 by the County Administrator or designee: The County
Administrator or designee shall consider the variance as soon as
possible after submittal of the written application. In granting
- tl -
any variance, the County Administrator or designee may prescribe
appropriate conditions and safeguards to assure conformance with
the criteria listed ln subsection (a) of this Section 7.
Violation of such conditions and safeguards, when made a part of
the terms under which the variance is granted, shall be deemed a
violation of this Ordinance.
(c) Appeal: The applicant for a variance may appeal the denial of
a variance by requesting a hearing before the Board of County
Commissioners. The applicant shall have fifteen (15) days {rom
receipt of notice of denial of the variance to request a hearing.
Th~ Hearing shall occur as soon as reasonably practicable but in
no event later than 35 days after receipt of the. request for the
hearing. The hearing shall, provide for adequate due process as
constitutionally required in any quasi-judicial proceeding. The
Board of County Commissioners may uphold the denial of the
variance, grant the variance, or grant a variance with, such terms
as it deems necessary to assure conformance with the criteria
listed in subsection (a) of this Section 7.
Section 8, Filinq of Ordinance; Effective Date. Pursuant to
'Section 125.66, Florida Statutes, a certified copy of this
Ordinance shall be filed with the Department of State by the Clerk
of the Board of County Commissioners wi thin ten (10) days after
enactment by the Board of County Commissioners. This Ordinance
shall become effective when the acknowledgment is received from
the Secretary of State that the Ordinance has been duly filed.
"
- 5 -
,~~
CITY OF CLEARWATER
Interdepartmental Correspondence
FROM:
Betty Deptula, City Manager
CJ~6~-
William C. Baker, Assistant City Manager
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TO:
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PPF:':
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COPIES:
Mayor and City Commission
Kathy S. Rice, Deputy City Manager
CITY liu:.n,\
SUBJECT: Report of Bayfront Mart Renovations - Agenda Item June 14th
DATE: June 10, 1994
Attached is a package of materials related to the subject matter. The purpose of this agenda item is to
update the City Commission as to our progress and to, more specifically, recommend that the Commission
allow us to accomplish certain identified items which are within the scope of the Phase 2 work relating to
the first and third floors of the building but which, if accomplished with our Phase 1 Stein Mart floor
work, will result in considerable savings.
We are bringing this item forward because the Commission recently indicated a desire that we move
immediately into Phase 2 after accomplishing Phase 1. OUf Phase 1 funds do not, of course, include
monies for any Phase 2 work and include an amount necessary to apply only a stucco finish to the exterior
area from which the original panels were removed. We would like to affect a few basic cost savings with
an advancement of Phase 2 funds for use in our Phase 1 activities. We would also like to receive an
increase in the monies available for the finished exterior work to accomplish full coverage of the building.
A list of the cost saving items and the total advancement needed to accomplish them is attached. The
schematic floor layouts of the first and third levels are also included and have been coordinated with Parks
and Recreation as to the Community Room now at the City Hall Annex and which will share the first floor
level with the trade show exhibit area. Alternate designs of the exterior skin and their construction costs
are I ikewise included.
We would like for the Commission to do the following:
1) Indicate their preferred exterior treatment alternative and increase our current $2 million
construction budget for Phase 1 by the amount associated with their choice (I understand
this amount might be from eRA);
2) Approve the advancement of funds from the Phase 2 (first and third floor work) into the
Phase 2 (Stein Mart floor work) by the total amount recommended in the list of cost saving
work items;
3) Reach consensus as to schematic floor layouts of the first and third floors so that estimated
costs and a construction budget might be prepared for the Phase 2 work.
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INCORPORATED
BUDGET
. CLEARWATER BAYFRONT MART RENOVATION
June 13. 1994
PHASE II AND/OR PHASE III WORK ITEMS
1. Complete Exterior Wall Resurfacing:
a) Upper Level Wall Panels for north and west
elevations including upgrade to all four
elevations.
1) Metal Panels with
Nautical Rigging
2) EIFS Panels with raised
columns and beams
BUDGET
$ 300,000
Main and Lower Level of South, West, North and East.
Elevations (covers all green tile)
BUDGET
$100,000
Design and Construct Atrium Mall Space
BUDGET _
Add New Elevator Core to tie all floors together. ..
(4 olldraulic elevators)
$500,000
BUDGET
BUDGET
. Add Two Reversible Direction Escalators.
Design and Construct Upper Level (see attached
concept layouts) with exception of restaurant tenant
build-out. - 55,CXXl total square feet/floor.
BUDGET
$2,000,000
Florida Registration No. AAC002172
100 Madison Street Suite 200
Tampa. Florlda 33602-4704
Fax: 813.221.9154
813.221.8771
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Clearwater Bayfront Mart REnovation
Phase II and III Work Items
June 10, 1994
Page Two
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k\JIVE ARO-II1ECTS
INCORPORATED
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6. Design and Construct lower level (see attached
concept layouts) with exception of restaurant tenant
bUild-out. -- 56,5CO total square feet/floor.
BUDGEr
,,:/f.s suggested above a number of these work Items could be considered, ,
,:i designed and then constructed Individually or In total or combination
'. :' depending on the City's goalS and available funds.
Clearwater City Commission
Agenda Cover Memorandum
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Item #
Meeting Date: ____
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SUBJECT:
Preliminary Contamination Assessment Report for the Fleet Maintenance Facility
RECOMMENDATION/MOTION:
Award a contract to perform additional testing to complete the Preliminary
Contamination Assessment and Report for the Fleet Maintenance Facility, at a cost
of $16,555, from Environmental Science & Engineering, Inc., Tampa, in accordance
with Code Sec. 2.564 (e), impractical to solicit bids and authorize the transfer
of $16,555 of unappropriated retained earnings from the general fund to the
capital improvement project 315-94718, Airpark Landfill Site,
~ and that the appropriate officials be authorized to execute same.
BACKGROUND:
In November of 1988 Fleet Maintenance was moved to the present location at 1900
Grand Avenue. During the course of further property development, the presence of
a landfill underlying the site was brought to the attention of the Florida
Department of Environmental Regulation (FDER) necessitating the requirement for
groundwater testing. This initial testing reveals higher than acceptable levels
of iron, lead and chromium.
Subsequent to this init ial test ing, a contractor was selected to perform a
Preliminary Contamination Assessment (peA) at the Fleet Maintenance Facility to
determine the extent of groundwater contamination on site and to initiate
corrective actions based upon a request for proposal (RFP #115-90), Four bids were
received, Environmental Science & Engineering, Inc. (ESE) was selected as the
most responsive low bid to perform the necessary work. The City Commission
approved staff recommendation on September 20, 1990 and retained ESE by Purchase
Order No. 0504-90 for a total contract cost of $15,840.
At the same time, the City had retained ESE the City continued to negotiate with
FDER on language in an Interlocal Agreement that would be acceptable and commenced
work to develop the peA.
The overall objective of the PCA was expected to characterize the nature and
extent of the contamination at the fleet maintenance site and to determine the
potential for contamination transport off site. The methods that were to be used
to perform the PCA were to be provided to the FDER as a Preliminary Contamination
Assessment Plan (PCAP) for its approval before the PCA could begin. The PCAP was
completed and provided to th2 FDER in November 1990. The City of Clearwater and
Reviewed by:
Legal
Budget
Purchasing
Risk Mgmt.
CIS
ACM
Other
N/A
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N/A
Costs:
$ 16,5~_
Total
Commission Action:
o Approved
o Approved w/conditions
o Deni ed
o Continued to:
$ 16,555,00
Current Fiscal Yr.
Se'vices
Funding Source:
t!Sl Capitnl Imp.
o Operating
o Other
At tachmcnts:
ESE December 2, 1993 Proposal
Submitted by: ~___~
Cit '~gerY
Advertised:
Date:
Paper:
t!Sl Not Rcquircc
Affected Parti cs
o Not i f i cd
~ Not Requ ired
o None
Appropriation Code:
315-94718-561400-552-000
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- 2 -
the FDER entered into an interlocal agreement (OGC No, 90-1172) on January 29,
1991, in which the City agreed to perform a Preliminary Contamination Assessment
at the Fleet Maintenance Facility to determine the extent of groundwater
contamination on site and to initiate corrective actions. On JUDe 24, 1991, the
FDER requested that additional work including ground penetrating radar surveys,
additional soil sampling and analysis, and modification to down gradient monitor
well installation be performed. This work was determined to be outside the
original scope of work requested of ESE, resulting in an administrative change
order that was approved on January 15, 1992 for an additional $8,435,00, The
total contract amount was not to exceed $24,275 (P,O. No. 050-90/A-l), The
preliminary contamination assessment was completed and the report forwarded to the
FDER in July 1992 for review and comment. Completion of the preliminary
contamination assessment report (PCAR) fulfilled ESE's obligation to Clearwater
under the terms of both the original contract, and the purchase order amendment.
Five months after receipt of the PCAR, in December 1992, the FDER requested a
significant amount of additional information, much of which required additional
field work. At that time Clearwater was unprepared to address a solution due to
funding constraints and as a result, the former City Manager ordered the project
delayed, However, the combination of need to fulfill the interlocal agreement
requirements and the City's desire to make improvements to the Clearwater Airpark
have again prompted FDER to further their committment to corrective actions, As
a result ESE was again requested to provide a quotation to address the additional
questions since many of the questions related to work which they originally
performed and which would require additional testing and reevaluation of existing
data which ESE developed,
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A. elleon, C(lftlPAn,
Environ l11ent,ll
Science &
Engineering, Inc.
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. December 2, 1993
. ESE No. 3939514999
. Ms. Terry Finch
City of Clearwater
Department of EnvironmenwI Mnnagement
P,O, Box 4748
Clearwater, FL 34618-4748
.'
Dear Ms. Finch:
Re: Proposal and Cost Estimate
Response to Regulatory Review Comments
Preliminary Contamination A",scssmcnt Report
Fieel Maintenance Facility (OGC C.1SC No. 90-1172)
Clearwater, Pinellas County, FL
Transmitted herewith, please find the revised proposal and cost estimate for 'the Fleet M~intenance
Facility. TIle cost estimate was revised based upon the laboratory analytical co~.t presentation having been
incorrectly presented in the ESE's first proposal, dated December 1, 1993. Specilicaliy, the analytical fee
presented was a unit price and did not represent the total analytical f~e per matrix sampled. I apologize
for any inconvenience that this may have caused you. Upon review of the enclosed proposal, dated
December 2, 1993, please feel free to contact me at 287-2755 to discuss any questions you r1laY have
regarding the scope of services.
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ENVIRONMENTAL SCIENCE & ENGINEERING, INC.
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Aligelika tvL Farina, PG .
Manager, Geosciences, Department
AMI-IIa m h
Enclosure
5~.10 W. Cyprrss Slr~l!1. Suite 1\ T."nl"', 1=1. JJl,Oi 1',0, Bllli 2~60I, 3.302.3.,:1601 ('llIllle (111.3) 287.2;55 F.lX (81.') 287.2i22
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A, CllCORP Cnn'fl~'"
Environnlental
Science &
Engineering, Inc.
December 2, 1993
ESE No. ~939513999
Ms. Tcrry Finch
City of Clearwater
. Departnlcnt of Environmental Managemcnt
P.O. Box 4748
Clearwater, FL 34618-4748
Re: Proposal and Cost Estimate
Response to Regulatory Review Comments
Preliminary Contamination Assessment Report
Fleet Maintenance Facility (aGe C1se No. 90-1172)
Clcarwater, Pinellas County, Florida
Dear Ms. Finch:
Environmental Science & Engincering. Inc. (ESE) is pleascd to present to the City of Clearwater, this
proposal and cost estimate to address regulatory review comments regarding a prcliminary contamination
assessment report (peAR) submittcd for the rcrcrenced facility. Thc scope of scr\'ic(~s arc as follows:
/Task 1: Background Information Review for Commcnts No. 1,2,3,4,5,6,7,8, 9. lO,-LL.-L~J31J..1,~
16,17, 22, and 23
ESE will review historical records on file at our office to address the refcrenced comments. . In addition,
ESE will review readily availnble City of Clearwater records for supplcmental inforination to address the
rcferenced comments, as deemcd appropriate by ESE personnel.
/Task 2: Surface Water Inventory Review (Comment No.3)
ESE will contact the Southwest Florida Water Managcmcnt District (SWFWMD) for information
regarding surface waters of the stale within a 0.5-mile radius of the site.
Task, 3: Water Table Eleva tion Survey (Comlllents No.9)
ESE will pcrform two water level elevation survcys at monitor wells MW-l through MW-4. The depth to
water will be measurcd using an interface probe and subsequently corrected in the office to the top-of-
casing (TOC) elevation cstablished for each monitor well (MW). The data will be tahulated and
graphically illustrated.
Task 4: Soil SamplingfScdill1ent (Coml11cnts No. 16,20 and 21)
Soil sampling activities will be performed in accc)["tlance with ESE's Comprehensive Qunlity Ac;surance
pian (CompQAP No. 8GOO5t\G). ESE will collect soil samples in those areas specified hy the Florida
Departmcnt of Protection (J70EP) in correspondence e1atcd December 15, 1992, Specific sampling
locations are as follows:
· Comment 16 - Three unsaturated soil samples will be collected in closc proximity to MW-3 for
EP ^ i'vtcthodology 8080 analysis
S~IO IV, CYPIt'..S SIII'I'I, Suill' A T.lI1\I'.I, rL .1.'1,07 )',0, J{.., 2.:\('0 I, 3.162.,3-,3{,01 ('1111\\(' (111.1) 21\7-2,'55 F.u; {IIIJllM-n).2
rvl~. Terry Finch
December 2, 1993
Page 2
· Comment 20 - ^n unsatunlled soil sample will be collected at boring location B-6 and
downgradient of MW-2 for priority pollutant metals and EP^ methodology 8240,8250, and 8080
analyses '
· Comment 21 - Two unsaturated setlimcnt samples will he collected at the retention pond for
priority pollutant metals and EPA Mcthmlology 8240,8250, and 8080 analyses
Task 5: Test Pits (Comment No, 18)
ESE will perform limited soil eXC<lVation activities in the following areas identified as "anomalous" by,
. Subsurface Evaluations, Inc., in n report titled "Grall nd Penetrating Radar Survey of a Portion of the City
of Clearwater Fleet Maintenance Facility, Clearwater, Florida", dated March 27, 1992:
· ReOective anomaly 20 to 21 feet soulh of the north end of transect TE
· RcOective anomaly at the interscction of T7 and TB
Task 6: Groundwater Samnling (Commcnl No. 19)
Given that the analytical data arc more than 6 monlhs old, ESE proposes that MW-l thro~gh MW-4 be,
rcsampled nnd analyzed using EPA Mcthouolo!:,,>' 239.2,624. 625 and 608. Groundwater sampling activities
will be performed in accordance with ESE's CompQAP (No. 8600540).
Task 7: Report Prcr-uration
Upon receipt of all field and analylicnl data, a lelter report will be prepared and submitted to the City of
Clca"vater and the FDEP. The letter report will also provide recommcndations. <is needed.
TIME SCHEDULE AND COST ESTIMATE
ESE is prepared to initi:ltc this project within 10 calendar days of written authorization to proceed from
the City of Clearwa ter. The proposcd price for the \vork dcscribcd pr~viou~ly rcOccts an estimate of the
numbcr of hours by each labor category times the hourly rates of the ESE employecs expected to perform
workon the project multiplied hy a factor of 3.2. This factor includes all direcl and indirect costs except
reirnbursablcs. Such r:lles will [all within lhe minimum and maxim um hourly ratcs rencctcd on the
attached rate schedule (Attachment 1). ^dditionally, other direct costs; or reimbursab1es. will have a
10 percent service chargc, with the exception of subcontracted services which.will have a 15 percent service
charge.
The total proposed pricc of $IG,555 (Atlachmcnt 2) is ESE's bcst eslirn3tc of the cost of the scrviccs
required by Client and it will nol be ('xcccdcd without the prior written authorization of Client. However,
ESE rescrves the right to vary the lahor mix from that shown in this proposal as may be required to most
efficiently perform the project. Please nOle the following cost cstim:lte limitations:
· The soil cxcavation t'(lS( is based upon a onc working day field event
· The cost esl ill1:l!c docs nol include the d ispos:lI of any debris cxc:lvalec!
· The cost fur (eplaccment lill, if llL'eded, is not included hcrdn
· The cost [or rl.'plaCe(llC'llt slIrJ:ll'ing lIlaterial (i.e.. asphalt or concretc) is nol included herein
The cost for these a flH l'llW 11 I illllnl \t'l\' in", will be considered 1111 add-on expense to the project.
ESE will invuke tht' L'lient 1II()l\lhly ill Ihe al1l0unt of dirL~(t labor expended on the project uuring the
monlh timcs IIII' Illlllliplkl. pili'. II'ill1lllw.ahle CDSIS illl'urn:lI 011 the plOjcct during the month.
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'::(Deccmber 2, 1993 " ......
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.. 'ESE appreciates the OppOrllll1lly to submilthls proposnl to the City of Clearwater, If this proposal arId <,:;,
cost esthnnte ore ncceptnhle, please hnve nn nuthorl7.ed representative sign the attached "Short Form"--" ;"';'5
Contr~ct nnd return th~ top copy to ESE. If you have any questions, please feel free to contact . ..':;,,'},;
Mr, Gibson or Ms. Fnrlllo lit (813) 287-2755. ;i:~\,,;;;
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ENVIRONMENTAL SCIENCE & ENGINEERING, INc.'::'\.:..~\:}(:;t~
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Brain D. Gibson ~'r:rq" Angellka ~;. Fnrlnn, p.d, ',",:; ".,
Project Geologist i<,,:':;:'-'~',.;:,:,;{, Manager, Geosciences Department "
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12934201.4
12-01.93
ATTACHMENT 1
ENVIRONMENtAL SCIENCE & ENGINEERING, INC.
PROFI~SSION^L FEE SCIIEDUI~E
Valid through Becember-3-1,1993- f1~, 30; 11rlj ~ s 1'::/.;;' -:L__'
. . /lNfj e II) A. 7711 '1114-
Employee Category Rate Per Hour /l-fX',') IS; 1 't
LOW AVG HIGH 'PhoN'€'
Principal Professional $106.43 $134.81 $169.06 Co(l/v~r~
Chief Professional
85.50 114.30 150.49
65.22 ' 97.19 131.44
57,62 77.59 100.89
42,99 58.95 83.16
66.69 .73,54 80.60
33.22 49.73 88.95
23.55 38.4 7 50.63
40.00 49.83 59,97
28.29 41.13 58.25
15.70 26.91 45.72
26.28 38.06 52.83
23.86 37.15 55.17
32.28 42.90 58.10
21.60 30.85 40.66
15.70 30.89 52.83
Senior Professional
Senior Project Professional
Project Professional
Drilling/SulVcy Manager
Senior Staff Professional
Staff Professional
Chief Technician'"
Senior Technician 1<
Tech nician-O ri ller -Su rveyor*
Computer Programmer/Analyst'"
Graphic Artist/CartographerlDraftsman 1<
TechniC3l Editor
Word Processor.
Administrative Support'"
.. Certain levels of employees within these c1tcgories are non-exempt under, the FLSA. Such employees
will be charged at 1.5 times the estahlished rate. for any hours in excess of 40 in anyone week. The actual
labor rate billed shall be equal to the actual ratc of pay times the negotiated multiplier.
These rates incluue such items as overhead, profit, ilnd sllch statutoJ)' and customary fringe benefits as
social security contributions, sick lcave. uncmploymcnt, excise and payroll taxes. worker's compensation,
health anu retirement benefits, bonllses, an nual leave, and holiday pay.
Reimbursable expenses shall mean t he actual expense of transportation and subsistence of principals and
employees, consultanls' fees, subcon tmctors' fees, toIllelephone calls and telegrams, reproduction of
reports and othcr project-related materials, expcndahle sllpplies directly used on the project, computer
charges, equipment and laboratory llse fces, and similar project-related items. A 10 percent service charge
will be applied to all reimbursable expenses, wit h the exception of subcontracted services which will have a
15 perccnt service charge applied.
Labor
Other direct costs (ODCs)
Subtotal
Surface Water Inventory Review (C::omment No.3)
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. {I~~~l En:rironmental
: ~! SCl(~nce &
~ r-~'~~~'-~ Engineering, Inc.
. AC'U:c-.p~,,,
12934201
; Short Form Contract
I"..' .
'. .' ". i
Environmenlal Science & Engineering, h~c:' .
5840 West Cypress Street, Suite A I
Tampa, FL 33607
: '
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To Client (Show Street Address ""eI Zip Code)
Ms. Terry Finch
City of Clearwater
Department of Environmental Management
P.O. Box 4748
Clearwater, FL 34618-4748
." I' -,.
Da~ December 2,,1993
I .' .
"
,
,. ' .
page ~ of ---1-
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"
1., Scope of Work and Sched ule:
Preliminary contamination assessment report addendum
(PCARA) submitted for Fleet Maintenance Facility
(OGG Case No. 90-1172).
Price (Check Appropriate box)
o Fixed Price
$
" I,
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2. Attachments:
,
!Xl Time and Materials
Proposal letter dated December 2, 1993, Professional Fee
Schedule (attachment 1), and Cost Estimate Breakdown ':: .
(attachment 2).
$ --16-,55.s...o 0
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3.1 Documents Incorpomted by Reference:
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Authorization nnd nccept;-mce of this Contract includes ncccpt(,lI'\ce of the terms above, including all attachments, the
conditions printed on the reverse side ilnd nIl dOClllnents incorpornted by reference. Terms of Payment: 0 %
upon signntllre of Contrncl. Invoices net JO clnys from dnte of invoice; interesl at1.5%/month applied to nIl overdue
balnnces beginning JO dil)'S from dole of invoice, '" .
Au thorizcd: (e1il'lll N.lllll')
^C~cplcd:
,
Ni'\me:
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En"trofm)n~ S~icncc & ~CCring, Inc.
lly:__1JN~_~L~tg~ .
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N"rne: Palmer R. Ogden, Ph. D.
-Tiiilipn- Office Manager
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By:
Whltr Copy - Cli.-"I
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.,- "'(~ En:vironmenlal
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_,jL~_:=~~;@ Engineering, Inc.
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12934201
Short F ornt Contract
. I
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EnvironmJhtlll Science & Engineering, Inc." ,
~840 Wcs~ Cypress,Stree~, Suit~ A,
Tnmpa, FL 33607
:, 'I.
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. . .,:
.;:.
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To Client (Show Street Address i1nd Zip Code)
Ms. Terry Finch
City of Clear.water
Department of Envlronm~ntal
f1.0. Box: 4748
Clearwater, FL 34618-4748"
. I " :'!"
Date December 2, 1993
...-'
['lanagemen t
.,
.,1. If: .'
page ~ of -.1_
. .- .............-..---..-.
1. Scope of Work cllld Schedule:
Preliminary contamination assessment report addendum'
(PCARA) submitt~d tor Fleet t-lainte.nance Facility . I
(OGC Case No. 90-1172). I ':
Price (Check Appropriiltc box)
o Fixed Price
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$
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P~oposal letter dated December 2, 1993, Professional
Sclledulc (attachment 1), and Cost Estimate Breakdown
(attachment 2).
.
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Fee
i '
. .\ I' . ,:
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(] Tirrie and Materials,
...
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Authorizalion and accept<lllcc of this Conlract includes acceplance of the lerms <lbove, including nIl attachments, the
condilion~ printed on the revcrse side and all docutnents incorpornled by,rcfen:;ncc. Terms of ~LlY~1enl: _0 %
IIpon sign'i1tllre of Conlri1cl. Invoices ncl30 dilYS from dale of invoice; intercst ;ltl.5%/month LlppIied to all overdue
bi'llill1CeS beginning:10 day~ fmm d<llC of invoicE', "
, . ' ". I ,.1. f
This Shorl Form Contract is subjeclto the Terms <1nd Conditions appearing on the reverse side hereof,
including provisions limiting remedies and discl<1iming warranlies. ' ,I ,
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Alltllnrii',('d: (C1il'1l1 N,lIlll')
Accepted:
By:
EI1Viro')C'2'1 SciC:'CC & E."gil1~Crilg, Inc.
IlY:_~~_~..,. .f~~J~.
Nl\lTH~:' Palmer' R.'Ogdcil,' Ph.D.
Tnmpa6Iflce Manager
N.ll11l':
Wh,t.. C"l'y' UIt'II'
"..II"", Copy " r~;F
1,';1; r..rlll (.1111 U"I