10/03/1994
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AGENDA
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CITY COMMISSION MEETING
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ACTION AGENDA - CLEARWATER CITY COMMISSION MEETING
Monday, October 3, 1994 - Chambers
following CRA which begins at 9:00 A.M. but no later than 10 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
Convene as Pension Trustees
5. Approval of Minutes - Regular Meeting
9/12/94 & 3 Special Meetings of 9/15/94
1 . Mayor.
2. William C. Baker, Assistant City Manager.
3. Employee of the Month - 9/94 - Zane Cecil,
Parks & Recreation Department.
4. Alan Zimmet reported the Municipal
Services Complex bond validation has been
continued to 10/6/94 at noon. He reported
the second hearing re the Ice House to be
rescheduled. He reported he has been
asked by the Human Resources Director &
the new City Attorney to evaluate the
Assistant City Attorneys. Commission
agreed.
Convene as Trustees 10:10 a.m.
Reconvene as Commission 10: 11 a.m.
5. Approved 9/12/94 as corrected, 9/15/94
meetings as submitted.
6.
PRESENTATIONS
a)
Parks & Recreation Board - Annual Report
Report received.
a)
7. - Citizens to be heard re items not on the Agenda - None.
CITY MANAGER REPORTS
CONSENT AGENDA (Items #8-20) - Approved as submitted less #s 8, 9 & 11.
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.
10/3/94
1
8. Line of Credit lease/purchase financing 8. Approved.
agreement for 1994-95 with Barnett Bank
of Pinellas County to provide $ 5 ,800,000
to cover planned equipment acquisitions;
i authorize all uncompleted acquisitions
, previously approved for financing under
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1 current agreement with Security Capital
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'. 9. Continued participation with Florida 9. Approved.
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:f Municipal Natural Gas Association
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~, (FMNGA) in joint representation of issues
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i~ thru use of FMNGA's counsel, Miller, Balis
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'1 & O'Neil (MBO); to employ MBO directly to
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represent the City on issues before the
Federal Energy Regulatory Commission for
an est. annual total budget amount of
$ 50,000 for both types of representation
for FY 94/95 (GAS)
10. C.O. to JPA with FOOT to relocate natural
gas mains during the widening of East Bay
Drive, from Belcher Road to US19N,
increasing the amount by $41,463. 12 for a
newest. total of $1 22,463.12 (GAS)
11. Retain law firm of Moore, Williams, Bryant, 11 . Approved.
Peebles & Gautier, P.A., Tallahassee, FL, to
represent Clearwater Gas System in a
territorial dispute with Peoples' Gas filed
with the Florida Public Service Commission
for an est. $50,000 (GAS)
12. Purchase of 8 1994 Chevrolet 1/2-ton
pickup trucks from Kaiser Buick, Pontiac,
GMC Truck of Deland, FL, for $87,064;
financing to be provided under city's
proposed master lease/purchase agreement
with Barnett Bank of Pinellas County (GS)
13. Contract to renovate 2nd & 3rd floors of
the Clearwater Main Library to Designwise
Building Contractors, Inc., Clearwater, FL,
for $26,980 (LIB)
14. Waiver Agreement to Ch. 33, Art. V, to
Charles Alexiou and Ypapanti Alexiou (MR)
15. Continuation of Clearwater Pass Bridge
Monitoring Program with Kisinger, Campo
and Associates for the period 10/3/94-
9/30/95, for $88,500 (PW)
10/3/94 2
16. Extension of contract for purchase of
bioassay testing with Marinco Bioassay
Laboratory, Sarasota, FL, for the period
11/1/94-10/31/95, for $18,600 (PW)
17. Contract for mowing Clearwater Airpark to
Landscape Management of Tampa, FL, for
the period 10/3/94-9/30/95, for a cost of
approx. $17,000 (SW)
18. Contract for 35MM micrographic services
to Micro Image, Inc., Tampa, FL, for the
period 10/4/94-10/3/99, at an est.
$10,000 for 94/95 budget year (CLK)
19. No item.
20. Contract for dry cleaning, laundry, &
alteration services for the Police & Fire
Departments to North Hercules Cleaners,
Clearwater, FL, for the period 10/1 5/94-
10/14/95, at an est. $16,500 (PO)
OTHER ITEMS ON CITY MANAGER REPORT
21. Marine Advisory Board - 1 appointment
(eLK)
22. Municipal Code Enforcement Board - 3
appointments (eLK)
23. Environmental Advisory Board -
appointments
21. Appointed Ernie Cline.
22. Reappointed Peg Rogers, Louise Riley &
Stephen Swanberg.
23. For 1 year term - Brian Morris & Diane
Ingram; 2 year term - George Davis & John
Jenkins; 3 year term - Mike Foley, Early
Sorenson & Allan Stowell; & 4 year term -
Anne Garris, Lisa Lanza and Jill Melkonian.
24. a) No action.
24. Other Pending Matters
a) Chamber of Commerce Property
b) Process for appointment of Hearing
Officers under Civil Service Ordinance
b) Staff directed to pursue changes to use
list of local attorneys.
CITY ATTORNEY REPORTS
25. Other City Attorney Items
25. None.
26. City Manager Verbal Reports
26. City Manager offered sympathy to the
families of Pete Kanaris & Cynthia
Propheter.
1 0/3/94
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City Manager stated the Economic
Development, Human Resources, Gas,
Parks & Recreation, and Public Works
Departments would be at the 10/94 Town
Meeting at Martin Luther King Recreation
Center; questioned if the Commission
wished others to be there. The Police
Department was requested.
City Manager requested the location of
departments in the new Municipal Services
Building be a staff decision - Consensus o.k.
Request for information re names & location
of departments remaining in City Hall.
City Manager presented a request received
9/30 from Scientologists to close Ft.
Harrison Avenue on 10/8. Request denied.
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27. Commission Discussion Items
a) Training Program discussed in Alan
Ferri's memo of 9/5/94 (Deegan)
b) Advisory Board Annual Report Format
27. a) Discussed. Clarification re references to
new HUD regulations requested.
c) Harborview Center Costs
b) Approved. Reports from BAA/BF & CSB
requested.
c) Actual costs for Phases 1 & 1 A and
estimates for Phase 2 provided.
28. Other Commission Action
28. Berfield questioned if the letter from One-
Hour Photo was being taken care of. Staff
responded it was.
She questioned if an item re managerial
services for the Conference Center will be
coming forward. It was indicated it is.
Berfield gave the City Manager a complete
set of Jolley Trolley tokens.
Fitzqerald questioned if staff was looking
into the Pinellas County Legislative
Delegation request. Ms. Rice indicated yes.
Fitzqerald referenced a memo which
indicates some cruise lines are collecting
sales tax. Ms. Rice indicated a letter re
Empress Cruise Lines has been sent to the
Department of Revenue. She also indicated
the Equity Study Commission is reviewing
the Iice~se fee.
Deeqan requested the Clearwater Aquatic
Team's request be placed on the 10/6/94
agenda.
1 0/3/94
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29. Adjournment
He questioned how to respond re the Film
Commission's proposed interlocal
agreement. Feedback is to be given to Ms.
Rice.
29. 1 :17 p.m.
Convene in closed bargaining session
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10/3/94
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AGENDA
DATE
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SEP 27 '94 02:48PM
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CITY OF CLEARWATER
P.O. BOX 4748
CLEARWATER, FLORIDA 34618-4748
P. 1
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City Commission
:MEMORANDUM
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DATB:
September 26) 1994
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Oat, SEP 211994
Clly lIw.-. u'
TO:
Alan Zimmet, Interim City Attorney
FROM:
Prod A. Thomas, Commissioner
SUBJECT: Review of Assistant City Attorney
"',~
COPIES:
City Manager, Mayor, Commissioners
-----------..-----------_..--------_.__...~~---------_...---~---------_..--------------~.---------------..~-.~-_._-
I have heard that you plan to do the reviews of the Assistant City Attomeys. Before you
offJciat1y begin this process, let it become part of the Commission Meeting discussion.
"./'
Even though you have been working with them for a very shott period of time, I question the
validity of you doing a review of the existing Assistant City Attorneys. I also question the fact
that we would have to pay you a lot of money to do it. I bfilleve that the Assistant City
Attorneys would be better served by you voicing your opinion privately to the new City Attorney
and let the new City Attomey conduct her own reviews six months from now.
I want to make sure it is on the Agenda.
FAT/sr
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Clearwater City Commission
Agenda Cover Memorandum
I tern #
Meeting Date:
cz'
10.311.
SUBJECT:
LINE OF CREDIT LEASE PURCHASE FINANCING AGREEMENT FOR 1994-1995
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RECOMMENDATION/MOTION:
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Accept the proposal of Barnett Bank of pinellas County to provide a $5,800,000
line of credit to cover all planned lease purchase equipment acquisitions for
fiscal 1995, and authorize all uncompleted equipment acquisitions previously
approved for financing under the current agreement with Security Capital
Corporation to be financed under this new agreement, provide that all other
terms and conditions of the original approval remain unchanged
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!i BACKGROUND:
Each year, the city solicits proposals for lease purchase (installment sale)
financing for our upcoming fiscal year. The bidders bjd a percentage of the
weekly average index for the five year Treasury Notes as published by the
Federal Reserve Board. Last year's contract was awarded to security Capital
Corporation with a bid of 97.9875% of the five year Treasury rate. A complete
summary of bids received is as follows:
Lender
Bid Rate
Barnett Bank of Pinellas County
Koch Financial Corporation
GE Capital Public Finance
First Public Finance Corp.
AT&T Capital Corporation
Summit Capital Asset Funding, Inc.
85.0500%
85.3750%
86.2629%
90.4800%
93.3500%
93.5000%
It should be noted that both GE Capital Public Finance and Summit Capital Asset
Funding, Ine have submitted alternative bids. The GE Capital Public Finance
alternative bid uses a formula made up of four components to determine the
interest rate. The Summit capital Asset Funding alternative bid is an "Escrow
Funding" bid and would commit the City to borrow the entire $5,800,000. Staff
Reviewed by:
Legal
Budget
Purchasing
Ri sk Mgmt.
CIS
ACM
Other
N/A
Origin9fing Dcpt:
/ - DOAS/ Finance
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Costs:
$ N/A
Total
Comnission Action:
o Approved
o Approved w/conditions
o Deni ed
o Continued to:
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$ N/A
Current Fiscal Yr.
r')
Advertised:
Dote:
Poper:
o Not Requi red
Affected Part i es
o Notified
o Not Requi red
Funding Source:
o Capital Imp.
o Operating
o Other
Subni ttcd by:
cl M.F
Appropriation Code:
Attachments:
Barnett Bank proposal
Purchasing responding vendor
list
Agreement
o None
- 2 -
has reviewed both of the alternative bids and found that it is not in the
city's best interest to consider either alternative.
In general, the proposals received were considerably better this year than
last, reflecting, we believe, both a more favorable regulatory environment and
stiff competition among the lenders. The most recent five year Treasury
average weekly rate was 6.96%, which would result in a current borrowing rate
of 5.91948% (85.05% times 6.96%).
Approval of this proposal does not represent a commitment to borrow. Decisions
to lease purchase specific items of equipment must be approved by the City
commission throughout the year on an individual basis.
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Barnett Bank of Pinellas County
Hand Delivered to 711 Maple Street
Post Office Box 12288
Sl. Petersburg. Florida 33733-2288
August 9, 1994
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Mr. George B. McKibben
Purchasing Manager
City of Clearwater
Post Office Box 4748
Clearwater, Florida 34618-4748
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Re: Request For Proposal No. 181-94
Lease Purchase Financing
Dear ~1r. McKibben:
. City of Clearwater
In response to the above referenced Request For Proposal (RFP), we are pleased to submit the
follow lng proposal:
Lessee:
Lessor:
Barnelt Bank of Pi~ellas County
Equipment:
As set forth in the RFP
Equipment Cost:
Not to exceed $5,800,000.00
Minimum Contract Amount:
$20,000
Term:
Five (5) years from Commencement of each Contract
Com mencement:
Various dates between October 1, 1994 and
September 30, 1995
Payments:
20 substantially equal quarterly installments due on March
31, lone 30, September 30, and December 31 of each year
regardless of the Commencement date of each Contract.
Rate:
Fixed for each ContraGt based upon a rate equal to 85.05 %
of the then current weekly average rate for five (5) year
Treasury constant maturities as released each week by the
Federal Reserve Board.
Title:
Title to the Equipment shall remain in Lessee upon
payment of all amounts due under the Contract.
~ssor agrees to use ,the City of Clearwater Contract For Installment Sale and Purchase
. , ' ~ubmitted by the Lessee in its Request for Proposal as the basis for documenting the transaction
proposed herein. However, use of such Contract is expressly subject to modifications to the
ctocument as well as inclusion of additional documents necessary for qualified coun~el to render
an opinion that all provisions of the Contract are enforceable and that interest unde,r the Contract
i~ exempt from federal income taxation. If interest under the Contract is ever subject to federal
income:tax, during the period of taxability, the rate under each Contract will be 113.9% of the
. 5 year-"rea.sury constant maturity in effect for each funding under the Contract. Funding of the
. transaction proposed herein is expressly subject to the execution and delivery of final transaction
documentation acceptable to Lessor.
'.f\.Jlnual Reporting Requirements: (A) City to furnish CPA audit annually to Lessor within
thirty (30) days of receipt from independent auditor.
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(B) City to furnish annual budget to Lessor by
September 1 of each year.
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(C) Fiscal Manager to certify to Lessor by September 1
of each year that debt service for the subject credit facility
is included in annual budget.
This proposal will expire on November 12, 1994 unless previously accepted by Lessee. Closing
must take place concurrently with the first funding under the Contract. No funding may occur
after September 30, 1995.
Thank you for the opportunity to proviae this financing proposal. . We appreciate the depository
relationship we have with the City of Clearwater and look forward to expanding our relationship.
Please call me at 539-9061 with any questions.
Sincerely,
Ek~
Frank A. Parrella
Vice President/Team Leader
Corporate Banking
813-539-9061
FAP!smb
Accepted by:
Date:
Title:
attachments: Florida Statutes Statement
Drug Free Statcme;nt
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CITY OF CLEARWATER, FLORIDA
RFP 181-94 OPENED AUGUST 12, 1994
LEASE PURCHASE FINANCING
SUN BANK
200 S. ORANGE AVENUE
ORLANDO, FLORIDA
KOCH F INANC IAL
D. MCDERMOTT
3530 ASHFORD DUNWOODY ROAD
SUITE 152
ATLANTA, GEORGIA
FIRST PUBLIC FINANCE CORP.
5800 E. SHELLY DRIVE
TULSA, OKLAHOMA
BARNETT BANK
FRANK A. PARRELLA
P.O. BOX 12288
ST. PETERSBURG, FL
GE CAPITAL PUBLIC FINANCE
8400 NORMANDALE LAKE BLVD.
SUITE '470
MINNEAPOLIS, MINNESOTA
AT&T CREDIT CORP.
137 COOPERS POND DRIVE
LAWRENCEVILLE, GEORGIA
SUMMARY OF RFP 181-94
BIDS SOLICITED:
41
BIDS RECEIVED:
~-
6
NO RESPONSE:,
NO BID RESPONSE:
30
5
SUMMARY OF NO BID RESPONSES
DO NOT OFFFER 1
(!) ?
CITY DOES NOT QUALIFY FOR TAX FRE ,
UNABLE TO MEET SPECIFICATIONS 2
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I UNSECURED NATURE OF CREDIT' 1
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1994-95
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Combined List
PNC Leasing Corp, Ke~tucky
Attn: Ann Larabee . /
201 South Orange Ave,. Suite 7S
Orlando. Fl. 32801
MLC Group, Inc. ,
11150 Sunset Hills #24Q ~
Res ton, VA, 22090 \:"
Advanta Public Finance
P.O. Box 1228
Voorhees, NJ 08043-1228
Mr. Ken Sutherland
Leasing Of Eicer . /
LTI Muncipal Leasing ad.
P.O. Box 3503
West Palm Beach, Fl 33402
/
Caryle Capital Markets Inc. ~
14755 Preston Road, Suite 42q/
Dallas, TX 75240
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Ms. Patricia Taylor '
Vice f>resid~nt, Corpora]; Banking
Florida National Bank ."..
P.O.. Box 30230
100 South Ashley Drive '
Tampa, FL 33630
Bay Resources
5429 Beaumont Center #800
Tampa, FL 33634
t
Darrell G~. Jarman
Senior Accoun t Execu ti ve
E.F. Hutton Governmental Leasing Corp.;
106 West 11th Street, Suite 1530 '
Kansas City, Missouri 64105 !
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Wade Miller Associates" Inc.
1911 North Ft.. Myer Drive
Arlington, Va 22209
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~6m~~ M. Graham
Citizens & Southern Capital,Corp
1715 N. Westshore Blvd.
Suite 190, '
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Tampa, FL 33607
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Delta Business Systems J'
5440 Beaumon t Cen ter #400.
Tampa, FL 33634 '
'-")9l~-9S LEASE PURCHASE RFP LISTlr')
General Funding Financial Corp.
7700 North Kendall Drive
Suite 401
Miami, Florida 33156
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Vincent Paletta, Manager
Multilease Program
BSG & Associates, Inc.
P. O. Box 1856
120 East State Street, Suite 101
Oldsmar, Florida 34677~0033
:
Mr. Stephen Tanner
Area: Manager
AT&T Credit Corporation
137 Coopers Pond Drive
Lawrenceville, Georgia
Alicea Fletcher
Senior Vice President
First Continental Leasing
2301 Cedar Springs' Road
Dallas, Texas 75201
Corp. :
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30244
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Mr. Gregory W. Bauer
Vice President
Irving Trust Company
One 'Wall Street
New York, New York 10015
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Mr. James M. Anderson
First Vice President
Prudential.Bache Capital Funding
370 Seventeenth'Street, 39th Floor
Denver, Colorado 80202~5639
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G. Kurtis, Ulrich. /
Ulrich Financial C'orp. .
100 Second. Avenue S.
'Suite 200
St. Petersburg, Florida 33701
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Mr. ~obert Burwell, President
AmSouth Bank
400 01eveland Street
Clearwa'ter, F1C?rida 34616
Mr. W. Bruce Page
Senior Vice President
Sun Bank of Tampa Bay
825 Broadway
Dunedin, Flortda 34698
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Sandy Jordan
Maryland National Leasing Corp.
Nottingham Centre
502 Washington Avenue
Towson, Maryland 21204
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1994-95
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Karen S. Marsal
Senior Vice' President
Meridian Loan Servicing,
5100 N. Federal Highway,
Fort Lauderdale, Florida
Sherry Kelly
NCNB National B<lnk
P. O. Box 1469
Tampa, Florida 33601
roc.
Sui te 20V
33308
'Liberty National Bank
Attention: Erad Meyers
5550 N. ~eo Street - Suite 300 vi'
Tampa, Florlda 33609
J~n Hedquist, III
yMS Financial Marketing Services
V~~79 Cross'ing Park, Suite 4
Norcross~ Georgia 30071
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Koch Financial
Attn: Paul T.
p'. O. Box 2256
Wichi ta, Ka"T.lsas
Corp.
Haerle
Security Capital Corporation
Attn: Denn~s M. McDermott
3530 Ashford Dun-..1oody Rd.., Suit'e 15.2.
At1an ta, .Georgia 30319 /
67 20 1
Carlyle Capital Markets,
Attn: Barry L. Friedman
14755 Preston Road, Suite
Dallas, Texas 75240
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Inc ..
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First Public Finance Corp;
Attn: Cathy Flemming
5800 E. Skelly Drive, Suite 1200
:rulsa; at< 74135'-6416,
NationsBank Commercial Banking
Attn: Edmund O'Carroll ,
. ,
33451 U.S,. Hwy 19, Northj'
Palm Harbor, Fl,. 34684
LaSalle National Bank
Attn: Peggy L. Fisher
410 17th Street, Suite 2080
Denver, Colorado 80202
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1994-95
n
Anita Philip Molino
Vice President & Manager
Bear Stearns Municipal Leasing ~
One Federal Street ~
Boscon, Massachusetts 02110-2082
Mr. Mark Galliunn
Vice President
Corporate Banking Department
Chase Bank of Florida
P. O. Box 12408
St. Petersburg, Florida 33733
Mr. Robert Kinney
Executive Vice President
Barnett Bank of Pinellas
600 Cleveland Street
Clearwater, Florida 34616
Ms. Susan Swidler
Account Representative
Municipal Leasing Services,
134 Beach Street
Boston, Massachusetts 02111
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Mr. P~ Scott Nagelson
Assistant Vice President
First Union Leasing Group
Firs~ Union Plaza-CO~P-9
Charlotte" N.C. 28288
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Suite 830.'
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Cynthia L. Douglas
Assistant Vice President
Sun Leasing
P. O. Box 3010
135, West. Central Blvd.,
Orlando, Florida' ~2802
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Ms~ Laurel Lester Mark
Vice President
First Municipal Leasing
857 Grant Street
Denver" Colorado 80203
corporatt
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Inc. ..
Mr. Ray F. Smith
Citicorp Industrial Credit,
450 Mamaroneck Avenue.
Barrison, New Y~rk 10528
l'lS. Mary Burke
Marketing Administrator
Federal Leasing, Inc.
2070 Chain Bridge Road, Suite 490
Vienna, VA 22180
GE Capital Fleet Services
ATTN: Craig r. Medvec
Three: Gelco D1:,i..ve
Eden Prairie, Minnesota 55344
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SEP ~9 '94 12: 48PI1 11ACFARLANE AUSLEY LAW FIRI1
P .18/29
CITY OF C~EARWATER
CONTRACT FOR INSTALLMENT SAJ:,E AND PURCHASE
(THIRD PARTY FINANCING AGEN'1')
This Contract is made and entered into by and between the City of
Clearwater, Post Office Box 4748, Clearwater, Florida 34616,
hereinafter referred to as Buyer, and
hereinafter referred to as Seller, this
day of
199__, as Contract #
of the Line of Credit Agreement approved
(the IILine of Credit Agreement") .
on
WITNESSETH, that whereas the Buyer wishes to pl.trchase the equipment
described below, and has entered into an agreement with .
, hereinafter referred to as Vendor, who offers fo~
sale such equipment, and whereas Seller wishes to provide financing
for such equipment purchase,
NOW THEREFORE, for and in recognition of the good and valuable
considerations to be exchanged between the parties as hereinafter
provided, Seller agrees to purchase, or to cause to be purchased,
said equipment from Vendor and simultaneously sell the same
equipment to the Buyer in accordance with the following terms and
conditions.
Buyer is an Entity of State Government or an Enti ty of Local
Government which is a Political Subdivision of the State.
EQUIPMENT: Each unit of the Equipment contemplated to be sold and
purchased under this Contract shall be separately identified and
each shall be referred to as a Commercial Unit. The phrase
II Commercial Unit II shall be defined as provided in Section
672.105(6), Florida Statutes. This Contract including all
attachments hereto and the Line of Credit Agreement constitute the
sole Contract between Seller and Buyer for the sale and purchase of
the Equipment described below. All purchase orders relating to the
subj ect Commercial Unit (s) of Equipment issued by Buyer shall
supplement this contract to the extent that the terms of such
purchase order are not inconsistent with the terms of this
Contract:
DESCRIPTION
,OF EOUIPMENT
NUMBER OF
COMMERC~AL UNITS
Q.NIT PRICE
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SEP 19 '94 12:48PM MACFARLANE AUSLEY LAW FIRM
P.19/29
Further descriptions of the Equipment are provided in the original
vendor invoices which are aubmitted to the Seller together with
this Contract.
PRICE
The total price of the Equipment described above shall be stated
below, and shall include cost of delivery F. O. B. Buyer's designat-
ed place of installation and shall include cost of installation
unless otherwise provided for on line 4 below I and Seller's
warranty.
1. Price $
2. Less Credits
a. Equity Credit $ N/A
b. Trade-in Allowance (Equipment ) $ N/A
3 .
Cash Sale Price [Line 1 less Line 2
(a + b) J
$
4.
Equipment Placement Charges and Appropriate
Rigging Charges
Total Cash Sale Price (Line 3 + Line 4)
$ N/A
$
$ N/A
$ M/A
$ N/A
$ N/A
s.
6.
Cash Down Payment (Optional)
a. Down Payment (Optional)
b. Bquipment Placement Charges
(Same as Line 4)
c. Total Cash Down Payment
Cash Price (Principal) Balance
(Line 5 less 6c)
Tax Exempt Interest Rate (APR)
%
$
$
7.
8.
9. Time Balance (Line 7 + 8)
10. Time Sale Price (Line 9 + Ge)
$
$
NOTE.
There ahall be no additional charges
due Seller from Buyer for taxes I
insurance premiums, official fees,
delivery costs, or any other charges
except as specifically provided in
this Contract. Interest is computed
on a basis of 360 days per year.
-2-
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SEP 19 '94 12:49PM MACFARLANE AUSLEY LAW FIRM
P.20/29
PAYMENT
Buyer promises to pay the total cash down payment in full, if
applicable, within thirty (30) days of delivery and installation in
good working order in accordance with then current installation and
start up specifications applicable to each Commercial unit
purchased hereunder. The total balance due for purchase of each
Commercial Unit of the Equipment shall be paid in accordance with
Exhibit A (Payment Schedule) which is incorporated herein for all
purposes. Notwithstanding any claim or dispute which may hereafter
arise between Buyer and Seller, Buyer will make all payments as
required under this Contract when due unless there is a breach of
the whole contract.
COVENANT TO BUDGET AND APPROPRIATE
The Buyer covenants and agrees to appropriate in its annual budget
from non ad valorem funds lawfully available in each fiscal year,
amounts necessary to pay all sums coming due on this Contract in
that fiscal year. Such covenant and agreement on the part of the
Buyer to budget and appropriate such amounts of legally available
non ad valorem funds shall be cumulative to the extent not paid,
and shall continue until such legally available non ad valorem
funds in amounts sufficient to make all such required payments
shall have been budgeted, appropriated, and actually paid.
Notwithstanding the foregoing covenant of the Buyer I the Buyer does
not covenant to maintain any services or programs, now provided or
maintained by the Buyer, which generate non ad valorem funds.
Such covenant to budget and appropriate does not create any lien
upon or pledge of such non ad valorem funds, nor does it preclude
the Buyer from pledging in the future its non ad valorem funds, nor
does it require the Buyer to levy and collect any particular non ad
valorem funds. Such covenant to budget and appropriate non ad
valorem funds is subj ect in all respects to the payment of
obligations secured by a pledge of such non ad valorem funds
heretofore or hereinafter entered into (including the payment of
debt service on bonds and other debt instruments). However, the
covenant to budget and apPl&opriate in its general annual budget for
the purposes and in the manner stated herein shall have the effect
of making available for the payment of deficiencies, as applicable,
in the manner described herein non ad valorem funds and placing Cn
the Buyer a positive duty to appropriate and budget, by amendment
if necessary, amounts sufficient to meet its obligations hereunderj
subjectr however, in all respects to the restrictions of Section
166.241, Florida statutes, which provides that the go~erning body
of the City make appropriations for each fiscal year which, in any
one year, shall not exceed the amount to be received from taxation
and other revenue sources, and subject, further, to the payment of
services and programs which are essential public purposes affecting
-3 -
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SEP 19 '94 12:49PM MRCFARLANE AUSLEY LAW FIRM
P.21/29
the health, welfare, and safety of the inhabitants of the Buyer, or
which are legally required by applicable law.
This Contract shall not be or constitute an indebtedness, liabili-
ty, general or moral obligation or a pledge of the faith, credit,
and taxing power of the Buyer, the State of Florida or any
political subdivision thereof, but shall be a special obligation of
the Buyer payable solely from legally available non ad valorem
funds. No Seller of the Contract shall ever have the right to
compel the exercise of any ad valorem taxing power to pay the
Contract or be entitled to payment of the Contract from any moneys
of the Buyer, of the State of Florida or any political subdivision
thereof.
EVENTS OF,TAXABILITY
"Determination of Taxability" shall mean the circumstance of
interest paid or payable on this Contract becoming includable for
federal income tax purposes in the gross income of the Seller as a
consequence of an act, omission, or event whatsoever and regardless
of whether the same was within or beyond the control of the Buyer.
A Determination of Taxability will be deemed to have occurred upon
(i) the receipt by the Buyer or Seller of an original or a copy of
an Internal Revenue Service Technical Advice Memorandum or
Statutory Notic;:e of Deficiency which holds that any interest
payable on this Contract is includable in the gross income of the
Seller for federal income tax purposes; (ii) the issuance of any
public or private ruling of the Internal Revenue Service that any
interest payable on this Contract is includable in the gross income
of the Seller for federal income tax purposes; or (iii) receipt by
the Buyer or Seller of an opinion of counsel that any interest on
this Contract has become includable in the gross income of the
Seller for federal income tax purposes. For all purposes of this
definition, the effective date of a Determination of Taxability
will be the date as of which the interest on this Contract is
deemed includable in the gross income of the Seller for federal
income tax purposes.
If the interest on this Contract becomes or is includable in the
gross income of the registered owner for federal income tax
purposes as a result of a Determination of Taxability, the interest
rate on this Contract prior to the effective date of the Determina-
tion of Taxability shall be equal to the Tax Exempt Interest Rate
identified herein; and thereafter, for as long as interest on this
Contract is includable in the gross income of the Seller, the
interest rate on this Contract shall be adjusted to .8l% over the
current weekly average rate for five year constant U. S. Treasury
securities as published on the preceding Monday the date of this
Contract in Federal Reserve Statistical Release H.15 (the "Taxable
Rate"). If the effective date of the Determination of Taxability
has passed at the time a Determination of Taxability is determined
-4-
SEP 19 '94 01:19PM MACFARLANE AUSLEY LAW FIRM
P.2/9
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to have occurred, then this Contract shall bear interest at t.he
Taxable Rate retroactive to che effective date of the Determination
of Taxability.
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To the extent an adjustment to the Interest Rate on this Contract
is not made within two (2) months of the event giving rise to the
adjustment, the additional .interest due as a result of such
adj ustment shall be paid with interest thereon. compounded quarterly
at the rate which is equal to the Interest Rate on this Contract.
All unpaid amounts determined to be owing as a result of such
calcu~ation shall be due and payable within sixty (60) days after
delivery of notice of tne amount of such adjustment, and shall be
paid to the Seller of record during the period to which the
adjustment relates. This obligation shall survive the payment and
cancellation of this Contract.
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Notwithstanding any of the foregoing, it is the intention of the
Seller and the Buyer that the interest rate on the Contract never
exceed the maximum rate permitted by law (the "Maximum Ratell). In
the event any of the adjustments provided for in this Contract or
as a result of this Contract bearing interest at the Default Rate
would produce an inter~st rate on this Contract in excess of the
Maximum Rate, the Seller shall not be entitled to receive interest
in excess of the Maximum ~ate (herein, such amount is referred to
as IlExcess Interestll). A.t any time thereafter, if this Contract
shall bear interest at an interest rate, which is less than the
Maximum Rate, the Buyer shal~ also pay to the Seller the unpaid
Excess Interest until the earlier of (i) the maturity date, (ii)
the date all of the Excess Interest has been paid, or (iii) any
date the combinatiol! of the interest rate on this Contract, plus
the Excess Interest, would exceed the Maximum Eate,
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TITLE
Title and ownership of each Commercial Unit of the Equipment and
any and all replacements, substitutions and repairs thereto, shall
pass to Buyer upon acceptance of the Equipment in satisfactory
working condition. By executing this AgJ:eement, Buyer hereby
acknowledges such acceptance. The Equipment shall remain personal
property and shall not become real property. Buyer will not suffer
or permit any lien or encumbrance of any kind against the Equip-
ment.
As title holder and owner of each Commercial Unit of the Equipment
acquired hereunder, Buyer shall pay when due al'lY and all taxes,
assessments, franchise fees, levies, or other governmental charges
lawfully levied against any such Commercial Unit of the Equipment
or its use. Buyer shall timely contest the levy of any tax,
-5-
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SEP 19 '94 01:20PM MACFARLANE AUSLEY LAW FIRM
P.3/9
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assessment, franchise fee, levy or other governmental charge deemed
by Buyer to be unlawfully levied. It is hereby acknowledged
between the parties hereto that Buyer considers itself a nontaxable
ent:i.ty and not usually and customarily subj act to the imposition of
any tax, assessment, franchise fee, levy, or other governmental
charge levied for Buyer's ownership or use of any Commercial Unit
of the Equipment.
WARRANTIES
Seller hereby assigns to Buyer all rights and benefits that Seller
may now or hereafter have under any warranty, guaranty or indemnity
with respect to the Equipment against the Vendor or manufacturer of
the Equipment. Buyer's sole remedy for the breach of such
warranty, indemnification or representation shall be against the
Vendor of the Equipment, and not against the Seller, and any such
breach shall have no effect whatsoever on the rights and obliga-
tions of Buyer or Seller with respect to this Agreement. Buyer
expressly acknowledges that Seller makes, and has made, no
representations or warranties whatsoever as to the existence or
availability of any such warranties of the Vendor or manufacturer
of the Equipment.
INSURANCE
$
If Buyer is covered under a program of self-insurance, Buyer hereby
certifies the existence of a continuing self-insurance program
insuring the full insurable value of each Commercial Un:i.t of the
Equipment against loss from those fire and other hazards which are
cus tomarily insured by extended coverage pursuant to Section
284.0~, Florida Statutes, during the term of this Contract. In
such event Buyer shall provide a m:Lnimum of (~O) days written
notice to Seller of any change or cancellation of said self-
insurance program. In the event said self-insurance program is
unavailable or terminated, Buyer agrees to procure and maintain
with a carrier authorized to do business in Florida and acceptable
to Seller, which acceptance shall not be unreasonably withheld,
fire I theft, and extended coverage insurance on the Equipment,
insuring the full insurable value against risk of loss or damage,
and providing for a minimum of ten (10) days written notice of
change or cancellation to Seller. Buyer shall provide Seller with
copies of certificates of the insurance carrier or carriers
evidencing such insurance coverage. This Contract does not provide
for or require insurance coverage for bodily injury and property
damage to others. Buyer shall bear the entire risk of loss, theft,
destruction or damage to the Equipment from any cause whatsoever or
requisition of the Equipment by any governmental entity, or the
taking of the Equipment by eminent domain Or otherwise (collective-
ly, Loss) I Buyer ahall advise Seller in writing within cen (10)
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SEP 19 '94 01:03PM MACFARLANE AUSLEY LAW FIRM
P.24/29
days of any such Loss. Except as provided below, no such Loss
shall relieve Buyer of the obligation to make payments hereunder.
In the event of any such Loss, Seller at its own option may: (a)
if the Loss has not materially impaired the Equipment (in Seller's
reasonable judgment), require Buyer, upon Seller's demand, to place
the Equipment in good condition and repair reasonably satisfactory
to Seller; or (b) if the Loss has materially impaired the Equipment
(in Seller's reasonable judgment), require Buyer, upon Sel~er's
demand, to pay Seller the following amounts on the date payment is
due: (i) all amounts that are then owed to Sellar by Buyer under
the Payment Schedule, including the payment due on such date, and
(ii) an amount equal to the principal balance set forth in the
Payment Schedule for such date. In the event that Buyer is
obligated to make such payment with respect to less than all of the
Equipment, Seller will advise Buyer of the principal balance to be
paid by Buyer with respect to such Equipment that has suffered the
Loss, which amount Buyer shall promptly pay Seller, and Seller
shall revise the Payment Schedule accordingly. Buyer will take
actions reasonably necessary to attempt to secure subsequent
appropriations to pay said remaining unpaid balance, less unearned
interest. Seller will make the proceeds of any property insurance
(to the extent received by Seller) maintained by Buyer under this
Contract available to Buyer for the purposes of this Section if no
default has occurred and is continuing.
DEFAULT
Time is of the essence hereof and if Buyer shall fail to pay when
due any installment, or otherwise fail to observe, keep, or perform
any provision of this Contract required to be observed, kept, or
performed, then Buyer shall be deemed to be in default with respect
to the purchase of each Commercial Unit of Equipment directly
affected by such failure and unless Buyer causes such default to be
cured within thirty (30) days after receipt of written notice
thereof from Seller, at the expiration of such notice period the
balance of all installment payments due or which will become due
hereunder with respect to the purchase of each such Commercial Unit
of Equipment, less unearned interest, shall immediately become due
and payable. If any of the foregoing occurs, Seller shall have all
the rights and remedies of default available under Florida Law,
except that Seller shall not be entitled to recover any indirect or
consequential damages or loss resulting from Buyer failing to pay
an installment to become due with respect to any commercial Unit of
Equipment so affected after such default has occurred.
If Seller shall fail to transfer to Buyer good and marketable
title, free of liens or encumbrances of any kind whatsoever, for
any Commercial Uni t of the Equipment purchased under this Contract,
or if Seller shall repudiate performance under this contract, or if
Seller shall otherwise fail to observe, keep, or perform any
-7-
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SEP 19 194 01:04PM MACFARLANE AUSLEY LAW FIRM
P.25/29
provi.sion of this Contract required to be observed, kept, or
performed, thenl unless the default substantially imp.:lirs the value
of the whole contractl Seller shall be in default with respect only
to such Commercial Unit (s) which are di:rectly affected by the
default or failure of Seller and unless Seller causes such default
to be cured within thirty (30) days after receipt of written notice
thereof from Buyer, upon default. by Seller 1 Buyer shall be
possessed of al~ the rights and remedies of a Buyer in due course
under the provisions of the Florida Uniform Commercial Code. The
foregoing rights and remedies of Buyer may be exercised without
impairing Buyer's interest in and title to any Commercial Unit of
the Equipment acquired under this Contract and without limitation
to or wavier of any rights or remedies available to Buyer by law.
USE AND LOCA~ION OF EQUIPMENT
Each Commercial Unit of the Equipment shall be kept at its
:installat.ion address and shall not be moved withol.1t Buyer providing
prior written notice thereof to Seller. Buyer shall not use or
dea2 with any Commercial Unit of the Equipment in any manner which
is inconsistent with the terms of this Contract, any policy of
insurance referred t.o herein, or any applicable laws, codes}
ordinances and regulations. Buyer shall not allow any Commercial
Unit of Equipment to be misused, abused, O~ wasted, or allowed to
deteriorate, except for ordinary wear and tear resulting from its
intended use. Seller shall have the right to inspect any Commer-
cial Unit of the Equipment at: any reasonable time, wherever
located.
PREPAYMENT
At any time during the term of this Contract I Buyer shall be
enti.tled to prepay the principal balance in whole or in part
without penalty of any kind. However, an administrative fee of
fifty dollars ($50) may be charged Euye~ by Seller on any such
prepayment within twelve (~2) months from the effective date
hereof.
ASSIGNMENT
Buyer shall give Seller not fewer than thirty (30) da.ys prior
wriGten notice of any proposed resale, lease, or assignment of any
Commercial Unit of the Equipment acquired during the term of this
contract or any assignment hereof. Such notice shall idencify each
Commercial Unit of the Equipment to be resold( leased, or assigned,
and tne date upon which such sale, lease, or assignment is to be
effective. If any Commercial Unit of the Equipment is to be
resold, leased, or assigned, Buyer, at: Seller',s option, will pay to
Seller within thirty (30) days from the effective date thereof, the
-6"
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SEP 19 '94 01:05PM MACFARLANE AUSLEY LAW FIRM
P.26/29
total unpaid balance of installments due or which will become due
hereunder, with respect to each such Commercial Unit of Equipment
less any interest then unearned.
Seller may assign any part or all of its interest:s under this
Contract upon prior written notice to Buyer. In the event of an
assignment, Buyer shall thereafter perform all of the promises
provided in this Contract to be performed by Buyer to such assignee
or transferee. However, no such assignment or transfer shall
impair Seller's obligation to provide Buyer with the performance
provided in this Contract and, in the event of any such assignment
or transfer Buyer's rights to assert any claim or defenses it may
have under this Contract shall not be impaired as against Seller,
its assignee, or transferee.
NOTICES
It is agreed that thirty (30) calendar days shall constitute
reasonable notice for the exercise of any right held by either
party to this Contract. All notices or other communications
required or permitted to be given pU~suant to this Contract and by
law shall be in writing and shall be valid and sufficient if
delivered by hand or dispatched through the U.S. Postal Service by
Registered or Certified first-class mail, Return Receipt Requested,
postage prepaid to the address(es) set forth first herein, or such
other addresses as either party shall notify the other in writing.
No additional notice need be given to the installation address (es) .
Notices dispatched through the U. S. Postal Service by Registered or
Certified first-class mail, Return Receipt Requested, shall be
given upon the date received by addressee, as indicated in the
executed Return Receipt.
In the event any notice, which has been dispatched in accordance
with this paragraph, is refused acceptance of delivery by the party
to whom addressed, notice shall be deemed to have been given as of
the date of the first attempt by the U.S. Postal Service to deliver
same.
Si:t!l~ERAL
No delay or omiss ion to exercise any right, power or remedy
accruing to Se~ler or Buyer upon breach or default by either party
under this Contract shall impair any such right, power, or remedy
of Seller or Buyer i nor shall any such delay or omission be
construed as a waiver of any such breach or default, or any similar
breach or default thereafter occurring; nor shall any waiver of a
single breach of default be deemed a waiver of any such subsequent
breach or default. All waivers must be in writing.
-9-
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SEP 19 '94 01:05PM 11ACFARLANE AUSLEY LAW FIRM
P.27/29
This Contract shall be deemed to have been executed and entered
into within the State of Florida and any dispute arising hereunder
shall he governed by the laws of Florida. If anyone or more of
the covenants, agreements or provisions of this Contract should be
held contrary to any express provision of law or contrary to the
policy of express law, though not expressly prohibited, or against
public policy, or shall for any reason whatsoever be held invalid,
then such covenants, agreements or provisions shall be null and
void and shall be deemed separate from the remaining covenants,
agreements or provisions of this Contract and shall in no way
affect the val idi ty of any of the other provisions of this
Contract. This Contraot is issued pursuant to the Line of Credit
Agreement and is subject to the provisions of the Line of Credit
Agreement. This Contract shall not be construed against a party
because that party wrote it.
The Section headings used herein are for convenience only and shall
have no significance in the interpretation of this Contract.
If delivery of the Equipment is not made at the time of the
execution of this Contract, Seller may insert the serial number and
other marks used by Seller to identify the Equipment on this
Contract.
ESSENTIAL USE
Buyer represents that: (a) the use of the Equipment is essential
to its proper, efficient and economic functioning or to the
services that it provides to its citizens; (b) Buyer has an
immediate need for the Equipment and expects to make immediate use
of substantially all the Equipment, which need is not temporary or
expected to diminish in the foreseeable future; and (0) the
Equipment shall be used by the Buyer only for the purpose of
performing one or mOre of its governmental or proprietary functions
consistent with the permissible scope of its authority.
FORM a038G
Buyer shall complete and file on a timely basis, Internal Revenue
Service Form 8038G in the manner ,set forth in Section l49 (e) of
the Internal Revenue Code of 1986, as amended. Buyer will take and
will cause its officers, employees and agents, to take all actions
legally within its power necessary to ensure that the Interest
Portion of the Rental Payments does not become subject to federal
income taxation under the Internal R.evenue Code of 1986 and
treasury regulations promulgated thereunder. Buyer represents,
warrants and covenants that it shall not do, cause to be done or
fail to do any act if such act or failure to act will cause this
Contract or any t:r..'ansaction hereunder to be an arbitrage bond
-10-
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SEP 19 '94 01 : 06PI1 11ACFARLANE AUSLEY LAW FIRI1
P.28/29
within the meaning of Section 148 of the Internal Revenue Code of
1986, as amended, or a private activity bond within the meaning of
Section l41 of the Internal Revenue Code of 1986 as amended.
SELLER O~ ASSIGNEE LIAELE FOR O~ ACTS
The Buyer expressly recognizes that Seller or its Assignee shall
not be held liable to Buyer except for the acta or omissions of
their respective officers, employees, or agents, and shall not be
otherwise liable to Buyer for damages sustained by Buyer as a
result of Euyer's use or possession of the Equipment,
DISCLAIMER OF WARRANTIES BY SE~LER
Seller is not a manufacturer of the Equipment or a Dealer in
similar equipment, does not inspect the Equipment prior to delivery
to Buyer and has not made and does not make any representation,
warranty, or covenant, expressed or implied, with respect to the
Equipment. The vendor shall remain directly liable to Buyer under
its warranty. Buyer shall look directly to Vendor in the event of
any claim for breach of such warranty.
ENTIRE: CONTRACT
This Contract for Installment Sale and Purchase and the Line of
Credit Agreement constitutes one contract between Buyer and Sel1e~
with xeference to the purchase of each Commercial Unit of the
Equipment described above, which contract supersedes any and all
prior written or oral agreements except the Line of Credit
Agreement w This Contract consists of nine numbered pages and
E~hibit A, Payment Schedule. This Contract shall not be modified
except in writing signed by both parties.
RO~ICE TO SELLER
Euyer hereby represents that it is a governmental entity, that it
has the capacity and authority to enter into this Contract, subject
to the availability of lawfully appropriated funds, and that the
person executing on behalf of Buyer has authority to do so. It is
not the BUyer's intent to become a re-seller or re-marketer of
equipment purchas~d pursuant to this Contract.
NOTICE TO BUYER
1. Do not sign the Contract before you read it or if it contains
any blank spaces.
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SEP 19 194 01:07PM MACFARLANE AUSLEY LAW FIRM
1
P.29/29
2. You are entitled to an exact copy of the Contract you sign.
3. Under the law you have the right to payoff in advance the
full amount due and under certain circumstances avoid the
payment of additional interest.
BUYER ACKNOWLEDGES RECEIPT OF A TRUE COpy HEREOF AND THE AGREEMENT
HEREIN REFERRED TO.
IN WITNESS WHEREOF, the Parties hereto have caused this Agreement
to be executed by their respective representatives hereunto dUly
authorized, all as of the day and year first above written.
BUYER:
CITY OF CLEARWATER
ATTEST:
By:
Its:
SELLER:
BARNETT BANK OF PINELLAS COUNTY
By:
Its:
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-12-
SEP 12'94 89: 87 t1ACFARLAl'IE AUSLEY
P.2/5
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September 8, ~994
IN REI"I.V ""E:I"e:~ TO;
Tallahassee
Ron Wendel, Esquire
Tew, Zinober, Barnes, Zimmet & Unice
Prestige Profe~sional Park
2655 McCormick Drive
Clearwater# Florida 34618-5124
Re: $5,800,000 City of Clearwater EqUipment Line of Credit Series
1994
Dear Ron:
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In the recommendation/motion section of the information
provided to me by Marjorie Simmons, I recommend the following:
"Approve the proposal of Barnett Bank to provide a
$5 t 800,000 line of credit substantially in the form
attached as Exhibit Ai approve the purchase of the
equipment described in Exhibit B to be financed with the
proceeds of draws on the line of credit; approve the
issuance of a series of contracts for installment sale
and purchase in the form provided in the Line of Credit
Agreement for such financing; authorize all uncompleted
equipment acquieitions previously approved for financing
under the current agreement with Security Capital
Corporation to be financed under this new agreement; and
direct ~he and of the City to
execute the Line of Credit Agreement and related docu-
ments on behalf of the City."
Sincerely,
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C LEA R W ATE R,
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POST OFFIC'c BOX 4748
C LEA R W ATE R. F LOR IDA 34 6 1 8. 4 74 8
SUBJECT:
Request for Proposal ~81-94
Lease Purchase Financing
ISSUE DATE:
July 11, 1994
PREBID CONFERENCE:
None
MAIL BIDS TO:
City of Clearwater
Purchasing Division
P. O. Box 4748
Clearwater, FL 346~8-4748
DELIVER BIDS TO:
City of Clearwater
Purchasing Division
711 Maple Street
Clearwater, FL 346~5
BIDS MUST BE RECEIVED
NOT LATER THAN:
August 12, 1994 - 4:00 PM
Bids may not be withdrawn
within 90 days after such
Ld2e. ~
George E. McKibben
Purchasing Manager
o
"Equal Employment and Affirmative Action Employer"
BID RESPONSE FORM (IFB No. 181-94) Page 2 qf 22
Our staff has reviewed the specifications, terms and general
conditions of this Invitation to Bid and have decided to NO BID for
the following reasons (e. g. restrictive specifications (please
identify by reference), unable to perform due to present workload,
unable to obtain pricing information or guarantee delivery, cannot
be competitive, do not furnish these commodities/services, etc.).
----~------~-------------------------------------------------------
----~------~-------------------------------------------------------
--------------------------------------------------~----------------
---~------~---------------------------~----------------------------
--------------------------------------------------~----------------
----------~---------------------------------------~------------~~--
____~______~_________t_______________~_____________~__--------------
----~--------------------~-----------------------------------------
-- --.....--------------------...-.---------- -------------..-.----------------
-------------------------~-------------~------~--------------------
-------------~----------------------------------~---------------~--
----~-----------------------------------------------------------~--
----~------~---------------------------~------~-----------------~--
Please remove us from your active bidder list
(yes/no)
NAME OF BUSINESS ENTITY:
REPRESENTATIVE'S NAME/SIGNATURE:
PHONE NUMBER:
TODAY'S DATE:
NOTE: Failure to submit a bid or to return this NO BID response
may result in your automatic removal from the city's list of
qualified and interested bidders.
RFP 181-94
Page 3 of 22
CITY OF CLEARWATER
LINE OF CREDIT FOR LEASE PURCHASING FINANCING AGREEMENT
FISCAL YEAR 1994-95 PROPOSAL SPECIFICATIONS
The City of Clearwater is soliciting proposals from responsible
financing sources to provide a $5,800,000 line of credit for all
City lease purchase (installment sale) financing for our fiscal
year October 1, 1994 through September 30, 1995. Respondents shall
agree to provide a line of credit for equipment acquisition
financing at an interest rate which is a predetermined percentage
of the most current weekly average rate for five year constant
Treasury maturities, as published every Monday in Federal Reserve
Statistical Release H. 15. Terms of the agreement will be as
follows:
1) Each equipment purchase will be treated as a separate 5 year
lease purchase (installment sale) contract. All payments will be
due quarterly on March 31, June 30, September 30, and December 31
(hereinafter called "payment dates "), regardless of the date
payment is actually made to the vendor. The interest rate on each
contract will be determined by multiplying the predetermined
percentage as bid by the Lender times the weekly average rate for
five year Treasury constant maturities, as published every Monday
in Federal Reserve Statistical Release H. 15 (hereinafter called the
"index"). The rate thus determined will remain fixed throughout
the payback period. Payments will be structured so that twenty
(20) equal quarterly payments will be made, beginning on the first
payment date following payment by the Lender. Payment schedules
and individual contracts will be prepared by the City, using the
most current index then available. Since the Lender will generally
have one additional week to review the payment sched~le and execute
the contract, in most cases the index used will be the average rate
for the week two weeks prior to contract execution. A sample of
Federal Reserve Release H.15 and a sample City payment schedule
showing equal quarterly payments is attached.
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2) Individual contracts will not be made in amounts less than
$20,000 and each will be subject to the attached standardized
contract document, which is the State of Florida Department of
General Services Contract for Installment Sale and Purchase (as
revised November 15, 1986), which has been modified slightly to
clarify the position of the seller relative to that of the vendor.
A!~~!"nate contracts,provided by the Lender will not be accepted due
to the prohibitive costs of reviewing each one.
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FEDERAL RESERVE statistical release
These dala me released each Monday. The availahililY of tho releasl1 is announced on (202) 452.3206.
H.15 (519)
SELECTED INTEREST RATES
Yields in percent per annum
For immediate release
June 20, 1994 ,
Week Ending
1994 1994 1994 1994 1994 1994
Instruments Jun Jun Jun Jun Jun Jun Jun May
13 14 15 16 17 17 10
Federal funds (effeClivf'!) 1;> 3 4,24 4.23 4,30 4.26 4.t7 4,21 4.13 4.01
Commercinl paper:) 45
t.manth 432 4.33 4.34 4.35 4,34 4,34 4.32 4.28
3.month 4,52 454 4,53 4.53 4.52 4,53 4,52 4.57
6.month 4,80 480 4,79 4,78 4,77 4,79 482 4.92
Finnnce p:lper plnced directly 346
t.month 4,22 4.24 4.23 4,24 4,24 4,23 4.23 4,19
3,month 4.39 4.42 4.42 4.40 4,40 4,41 4.40 4,44
6.manth 447 449 4,48 4,47 4.48 4.48 4,48 4,45
Bnnkers <'lcceptnnces (top mted) 34 7
3,month 440 4.40 4.40 4,38 4.39 4,39 4,38 4.45
6.month 468 4.65 4.65 4,64 4,65 4.65 4,64 4.77
CDs (secondary r11mket) :1 0
1.month 4,26 427 4,25 4,27 4.26 4,26 4.26 4.23
3.month 4,46 447 4.43 4,46 4.46 4.46 4.43 4.51
6,rnonth 4,77 4,78 4,75 4,77 4,75 4,76 4,75 4.90
Eurodollar deposit~ (London) :I!l
1.month 4 19 4,25 4,19 4.19 4.19 4,20 4.25 4.18
3.month 4,44 4,50 4.44 4.44 4.44 4.45 4.44 4.51
6.month 475 ' 481 4.75 4.75 4,75 4.76 4.75 4.88
Bank prime lonn :1 3 10 7.25 725 7,25 7,25 7,25 7,25 7.25 6,99
Discount window borrowing :1 1 1 3,50 3,50 3,50 3,50 3,50 3.50 3,50 3.24
U.S. government securities
Treasury bills
Auction average 34 12
3.month 4.16 4.16 4.15 4.19
6-month 4,55 4.55 4.53 4.64
1 .ye<lr 4.77
Auction Clvernge (investment) 13
3.montn 4.26 4.26 4.25 4.30
6-month 4,72 4.72 4.70 4.81
1 .year 5.2B
Secondary market3 4
3,monlh 4,12 4,11 4,13 4.11 4,12 4.12 4.11 4.14
6,month 4,55 4,48 4.49 4',47 4,49 4.50 4.51 4.60
l-year 4,94 4.86 4,90 4.87 4,91 4,90 4,89 5.03
Treasury constant mnturities 14
1.yoar 5.22 5,14 5,19 5,15 5.20 5.18 5,16 5.31
2-year 5,91 5.81 5.88 5.83 5,88 5.86 5,80 5.97
3.year 6.25 6.15 6.23 6.19 6,24 6.21 6,13 6.34
5.year 6,66 6,58 6,67 6,65 6.71 6,65 6,54 6.78
7.year 6,87 6,79 6,88 6,86 6,93 6.87 6.76 7,01
to.yem 7,07 7,00 7,10 7,07 7,14 7.08 6.97 7.18
20-year 7.47 7,41 7,53 7,49 7,58 7,50 7.:~9 7.54
30-year 7.36 7,31 7.41 7,38 7.4!.o "'.38 7.27 7.41
Composite
Over 10 years (long. term ) 15 7,40 7,34 7.43 7.41 7.49 7,41 7,30 7.47
Corporate bonds
Moody's seasoned
Aaa 7,95 7,86 7.93 7,93 8,01 7.94 7.B5 7.99
Baa 8.63 8,56 8.62 8,63 8,72 8.63 8,51 B.62
A-utility 16 8,32 8.32 8,21 B.37
State & local bonds 17 6.04 6,04 5.96 6.19
Conventional mortgages 18 8,33 8,33 8.25 8.60
See overleaf for footnotes
RFP 181-94
Page 4 of 22
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3) The attached schedule represents the city's current planned
equipment acquisitions subject to lease purchase financing. Lender
will agree to provide financing for all items on ,the attached list
as well as for reasonable, additions of similar type equipment, up
to a maximum of $5,800,000 during the fiscal year. The ceiling may
be increased only by mutual consent of the Lender and the City.
The city does not warrant that all items on the list will be
purchased, nor that all purchased items from the list will be
financed under the Line of Credi t Agreement. Decisions on
individual items will be made based on current interest rates as
well as other economic and fiscal factors.
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4) ,Lender shall provide the City with quarterly billing statements
which detail all individual contract payment amounts. The city
shall issue one check to the Lender to cover payment on all
contracts billed.
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5) Bid proposals must contain the percentage of the weekly average
rate for five year Treasury constant maturities to be used in
accordance with item #1 above, and may contain any other
information which you feel is relevant to our consideration of your
proposal. If you do not wish to bid on this proposal but would like
to remain on the city~s list for future financing requests, please
so indicate by letter response. Non respondents will be dropped
from our mailing list. .
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Requests for clarification or additional information should be
submitted in writing to:
George McKibben
Purchasing Manager or Facsimile at 813/462-6865
P.O. Box 4748
Clearwater, Florida 34618-4748
Responses will be in writing and copied to all bidders as addenda
to this RFP.
RFP IH~-94
Page 6 of 22
FOOTNOTES
1 The dClily effective fp,dp,r.ll funds r<:ItP. is Cl weighted Clverage of rates on trades through N ,y, brokers.
2. Weekly figures ille ilVP.I;)!10S ql 7 C;JlrHllhr dtlYs ending on Wednesday of the clIrrent week; monthly figures
include each cal~ndi1r d<lv In thp monti,
3. AnnlJalizp.d using a 360.(jay yeil! or hc1r1k 1I1tl?rr>c,1
4. Quoted on a discount b'-lsis
5. An average of offering rales on commercl()1 pClperrlClced by severillleading dealers for firms whose bond rating
is AA or the equivalent
6. An average of offering rates on p<1per directly placed by finance companies.
7. Representative closing yields for acceplances of the highest rated money center banks.
8. An average of dealer offering rates on nCltionally traded certificates of deposit.
9. Bid rates for Eurodollar deposits at 11 ,un, London time.
10. One of several base rates used by banks to price short-term business loans.
11. Rate for the Federal Reserve BClnk of New York,
12. Auction date for daily data; weekly and monthly averages computed on an issue-date basis.
13. Auction dates for daily. weekly and monthly averages.
14. Yields on actively traded issues adjusted to constant maturities. Source: U.S. Treasury.
15. Unweighted average of rates on all outstanding bonds neither due nor callable in less than 10 years.
16. Estimate of the yield on a recently offered, A-rated utility bond with a maturity of 30 years and call protection of
5 years; Friday quotations.
17. Bond Buyer Index, general obligation. 20 years to maturity. mixed quality; Thursday quotations.
18. Contract interest rates on commitments for fixed-rate first mortgages. Source: FHLMC,
Note: Weekly and monthly figures are averages of business days unless otherwise noted.
DESCRIPTION OF THE TREASURY CONSTANT MATURITY SERIES
Yields on Treasury securities at "constant maturity" are interpolated by the U.S. Treasury from the daily yield curve. This
curve. which relates the yield on a security to its time to maturity. is based on the closing market bid yields on actively
traded Treasury securities in the over-the.counter market. These market yields are calculated from composites of quota-
tions reported by five leading U.S. Government securities dealers to the Federal Reserve Bank of New York. The constant
maturity yield values are read from the yield curve at fixed maturities, currently 1, 2, 3, 5, 7,10, 20, and 30 years. This
method provides a yield for a 1 O-year maturity, for example. even if no outstanding security has exactly 10 years remain-
ing to maturity. In estimating the 20-year constant maturity. the Treasury incorporates the prevailing market yield on an
outstanding Treasury bond with approximately 20 years remaining to maturity.
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RFP 181-94
Page 7 of 22
CITY OF CLEARWATER - SECURITY CAPITAL CORPORATION
Installment Sale and Purchase Amortization Schedule Exhibit A
Master Agreement Dated September 14, 1993
Schedule Number: 8
Equipment Description: Mini Vans
Charge Debt Service to: 566-06612
Total Purchase Price: $28,650.00
Contract Date: 6/29/94
First Payment Date: 6/30/94
# Days to First Payment:
Index Rate in Percent:
Contract Rate Percent:
1
6.54
6.4084
Pmt Date Total Pmt Interest Principal princ Bal
----.....--- --------- -------- --------- ---------
6/30/94 1 , 6'59 . 3 1 5.10 1,654.21 26,995.79
9/30/94 1,659.31 432.50 1,226.81 25,768.98
12/31/94 1,659.31 412.84 1,246.47 24,522.51
3/31/95 1,659.31 392.88 1,266.43 23,256.08
6/30/95 1,659.31 372.59 1,286.72 21,969.36
9/30/95 1,659.31 351.97 1,307.34 20,662.02
12/31/95 1,659.31 331.03 1,328.28 19,333.74
3/31/96 1,659.31- 309.75 1,349.56 17,984.18
6/30/96 1,659.31 '288.12 1,371.19 16,612.99
9/30/,96 1,659.31 266.16 1,393.15 15,219.84
12/31/96 1,659.31 243.84 1,415.47 13,804.37
3/31/97 1,659.31 221.16 1,438.15 12,366.22
6/30/97 1,659.31 198.12 1,461.19 10,905.03
9/30/97 1,659.31 174.71 1,484.60 9,420.43
, 12/31/97 1,659.31 150.92 1,508.39 7 " 912 . 04
3/31/98 1,659.31 126.76 1,532.55 6,379.49
6/30/98 1,659.31 102.21 1,557.10 4,822.39
9/30/98 1,659.31 77.26 1,582.05 3,240.34
12/31/98 1,659.31 51.91 1,607.40 1,632.94
3/31/99 1,659.31 26.16 1,633.15 (0.21)
Adjustment 0.21 (-0 . 2 1 ) 0.00
---------- --------- ---------- ----------
Totals ,
33,186.20 4,536.20 28,650.00
---------- --------- ----------
---------- --------- ----------
Totals by Fiscal Year
Fiscal 93-94 3,318.62 437.60 2,881.02
Fiscal 94-95 6,637.24 1,530.28 5,106.96
Fiscal 95-96 6,637.24 1,195.06 5,442.18
Fiscal 96-97 6,637.24 '837.83 5,799.41
Fiscal 97-98 6,637.24 ,~57.15 6,180.09
Fiscal 98-99 3,318.62 78.28 3,240.34
---------- ---------- .----------
33,186.20 4,536.20 28,650.00
---------- --------- ----------
---------- --------- ----------
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RFP 181-94
Page B of 22
CITY OF CLEARWATER
PLANNED EQUIPMENT
PURCHASES SUBJECT TO LEASE PURCHASE FINANCING
PRIOR YEAR BUDGETED/CARRIED FORWARD
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Fire Department
Information Svcs.
Information svcs.
util.Cust.Support
Garage
Garage
Garage
Garage
Garage
Garage
Garage
Garage
Garage
Gas
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Equi-pl1lent
Number
of units
Total Cost
Dispatch System
Computer Equipment 1
Laptop Computers 100
Squad Truck 1
Tape Drive 1
Computer Upgrade 1
Meter Reading Sys 1
Jeeps 2
3/4 Ton Van 2
Aerial Bucket-55 Ft. 1
Street Sweeper 1
Solid Waste Front Ldrs 2
Solid ~aste Side Ldrs 2
Bucket Truck 1
Road Grader 1
1 Ton Truck W/B 1
Hydraulic Pump 1
$ 2,000,000
300,000
250,000
30,000
28,050
50,000
29,000
28,500
120,000
100,000
280,000
200,000
75,000
85,000
55,000
48,590
$3,679,140
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CITY OF CLEARWATER
PLANNED EQUIPMENT
PURCHASES SUBJECT TO LEASE PURCHASE FINANCING
BUDGETED FISCAL YEAR 1994-95
5 YEAR LEASE PURCHASE
Department
Community Response
Economic Develop.
Engineering
Library
Occupational Lic.
Parks & Rec.
Finance
Finance
Graphics
Recycling
Recycling
Water Poll Cont.
Garage
Garage
Garage
Garage
Garage
Garage
Garage
Garage
Garage
Garage
Garage
Garage
Garage
Garage
Garage
Garage
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Computer Upgrade
Computer Upgrade
Computer Upgrade
Computer Upgrade
Computer Upgrade
Computer Upgrade
Financial Sys Upgrade
Payroll/Hum Res Sys
Communication System
Front Loader Truck
Tpw Vehicle w/trailer
Generator
Police Patrol Sedans
Police Patrol Mustangs
Sedans
Station Wagons
Police Jeeps - 4 x 4
1/4 Ton Pickup Trucks
3/4 Ton Truck w/UB
1 Ton UB Truck w/lift
1 Ton Cent. Lift Truck
Vans
Walk-In Vans
Solid Waste Side Ldrs
Solid Waste Front Ldrs
Beach Rake
Trash Truck
Street Sweeper
Number
of units
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RFP 181-94
Page 9 of 22
Total Cost
1
1
1
1
1
1
1
1
1
1
1
1
9
5
4
2
4
8
11
2
1
3
2
2
2
2
1
1
19,290
49,480
26,400
20,280
30,000
29,090
26,000
~22,000
26,620
~37,640
50,060
38,000
~30,500
77,500
54,000
27,000
74,000
~OO,OOO
176,000
38,500
52,000
46,500
55,000
220,000
260,000
80,000
45,000
110,000
-----------...
$211201B60
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RFP 181-94
Page 10 of 22
CITY OF CLEARWATER
CONTRACT FOR INSTALLMENT SALE AND PURCHASE
(THIRD PARTY FINANCING AGENT)
This Contract is made and entered into by and between the city of Clearwater,
P.O. Box 4748, Clearwater, Florida 34618, hereinafter referred to as Buyer,
and
hereinafter referred to as Seller,
this
as Contract #
of the Line of Credit
day of
19
Agreement approved on
WITNESSETH, that whereas the Buyer wishes to purchase the equipment described
below, and has entered into an agreement with ,
hereinafter referred to as Vendor, who offers for sale such equipment, and
whereas Seller wishes to provide financing for such equipment purchase,
NOW THEREFORE, for and in recognition of the good and valuable considerations
to be exchanged between the ,parties as hereinafter provided, Seller agrees to
purchase, or to cause to be purchased, said equipment from Vendor and
simul tan.eously sell the same equipment to the Buyer in accord with the
following terms and conditions.
Buyer is an Entity of State Government or an Entity of Local Government which
is a Political Subdivision of the State.
EQUIPMENT: Each unit of the Equipment contemplated to be sold and purchased
under this Contract shall be separately identified and each shall be referred
to as a Commercial unit. The phrase "Commercial unit" shall be defined as
provided in Section 672.105(6) I Florida Statutes. This Contract including
all attachments hereto constitutes the sole Contract between Seller and Buyer
for the sale and purchase of the Equipment d~scribed below. All purchase
orders relating to the subject Commercial Unites) of Equipment issued by
Buyer shall supplement this Contract to the extent that the terms of such
purchase order are not inconsistent with the terms of this Contract:
DESCRIPTION
OF EQUIPMENT
NUMBER OF
COMMERCIAL UNITS
UNIT PRICE
Further descriptions of the equipment are provided in the original vendor
invoices which are submitted to the Seller together with this Contract.
PRICE
RFP 181-94
Page 11 of 22
The total price of the Equipment described above shall be stated below, and
shall include cost of delivery F.O.B. Buyer's designated place of
installation and shall include cost of installation unless otherwise
provided for on line 4 below, and Seller's warranty.
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Less Credits
a) Equity Credit
b) Trade-In Allowance (Equipment
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Cash Sale Price [Line 1 less Line 2 (a + b)]
Equipment Placement Charges and Appropriate
Rigging Charges
Total Cash Sale Price (Line 3 + Line 4)
Cash Down Payment (Optional)
a) Down Payment (Optional)
b) Equipment Placement Charges (Same as Line 4)
c) Total Cash Down Payment
Cash Price (Principal) Balance (Line 5 less 6c)
Interest (APR)
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9) Time Balance (Line 7 + 8)
10) Time Sale Price (Line 9 + 6c)
NOTE:
There shall be no additional charges due
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Seller from Buyer for taxes, ~nsurance
premiums, official fees, delivery costs, or
any other charges except as specifically
provided in this Contract. Interest is
computed on a basis of 360 days per year.
PAYMENT
$
$
$
$
N/A
N/A
$
$
$
$
$
$
$
$
$
$
NfA
N/A
N/A
N/A
N/A
Buyer promises to pay the total cash down payment in full, if applicable,
within thirty (30) days of delivery and installation in good working order in
accordance with then current installation and start up specifications
applicable to each Commercial unit purchased hereunder. The total balance
due for purchase of each Commercial Unit of the Equipment shall be paid in
accordance with Exhibit A (Payment Schedule) which is incorporated herein for
all purposes. Notwithstanding any claim or dispute which may hereafter arise
between Buyer and Seller, Buyer will make all payments as required under this
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RFP 181-94
Page 12 of 22
contract when due unless there is a breach of the vlhole contract. Buyer
hereby covenants to take such actions as are necessary under the Laws of
Florida to plan and budget for receipt of a sufficient appropriation of funds
to discharge its obligations to make all payments required under this
contract when due.
TITLE
Title and ownership of each Commercial unit of the Equipment and any and all
replacements, substitutions and repairs thereto, shall pass to Buyer upon
- acceptance of the equipment in satisfactory working condition. By executing
this agreement, Buyer hereby acknowledges such acceptance. The Equipment
shall remain personal property and shall not become real property. Buyer
will not suffer or permit any lien or encumbrance of any kind against the
Equipment.
As title holder and owner of each Commercial unit of the Equipment acquired
hereunder, Buyer shall pay when due any and all taxes, assessments, franchise
fees, levies, or other governmental charges lawfully levied against any such
Commercial unit of the Equipment or its use. Buyer shall timely contest the
levy of any tax, assessment, franchise fee, levy or other governmental charge
deemed by Buyer to be unlawfully levied. It is hereby acknowledged between
the parties hereto that Buyer considers itself a nontaxable entity and not
usually and customarily subject to the imposition of any tax, assessment,
franchise fee, levy, or other governmental charge levied for Buyer's
ownership or use of any Commercial Unit of the Equipment.
WARRANTIES
Seller hereby assigns to Buyer all rights and benefits that Seller may now or
hereafter have under any warranty, guaranty or indemnity with respect to the
equipment against the Vendor or manufacturer of the equipment. Buyer's sole
remedy for the breach of such warranty, indemnification or representation
shall be against the Vendor of the equipment, and not against the seller, and
any such breach shall have no effect whatsoever on the rights and obligations
of Buyer or Seller with respect to this agreement. Buyer expressly
acknowledges that Seller makes, and has made, no representations or
,- warranties whatsoever as to the existence or availability of any such
-warrarrt'i--~s-- wnat:~rd'eVer-'-as--t"O--.--the- ,.ex.is.tence"--"o:r=-,---.a-va,i-la-l:>i-l-ity---or-"'-any"'" 'such' :
warranties of the Vendor or manufacturer of the equipment.
INSURANCE
If Buyer is covered under a program of self-insurance, Buyer hereby certifies
the existence of a continuing self-insurance program insuring the full
insurable value of each Commercial unit of the Equipment against loss from
those fire and other hazards which are customarily insured by extended
coverage pursuant to section 284.01, Florida Statutes, during the term of
this Contract. In such event Buyer shall provide a minimum of ten (10) days
written notice to Seller of any change or cancellation of said self-insurance
program. In the event said self-insurance program is unavailable or
terminated, Buyer agrees to procure and maintain with a carrier authorized to
do business in Florida and acceptable to Seller, which acceptance shall not
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Page 13 of 22
be unreasonably withheld, fire, theft, and extended coverage insurance on the
Equipment, insuring the full insurable value against risk of loss or damage,
and providing for a minimum of ten (10) days written notice of change or
cancellation to Seller. Buyer shall provide Seller with copies of
certificates of the insurance carrier or carriers evidencing such insurance
coverage. This Contract does not provide for or require insurance coverage
for bodily injury and property damage to others. Buyer shall bear the entire
risk of loss, theft, destruction or damage to the Equipment from any cause
whatsoever or requisition of the Equipment by any governmental entity, or the
.taking of the Equipment by eminent domain or otherwise (collectively, Loss).
Buyer shall advise Seller in writing within ten (10) days of any such Loss.
Except as provided below, no such Loss shall relieve Buyer of the obligation
to make payments hereunder. In the event of any such Loss, Seller at its own
option may: (a) if the Loss has not materially impaired the Equipment (in
Seller's reasonable judgment), require Buyer, upon Seller's demand, to place
the Equipment in good condition and repair reasonably satisfactory to Seller;
or (b) if the Loss has materially impaired the Equipment (in Seller's
reasonable judgment), require Buyer, upon Seller's demand, to pay Seller the
following amounts on the date payment is due: (i) all amounts that are then
owed to Seller by Buyer under the Payment Schedule, including the payment due
on such date, and (ii) an amount equal to the principal balance set forth in
the Payment Schedule for such date. In the event that Buyer is obligated to
make such payment with respect to less than all of the Equipment, Seller will
advise Buyer of the principal balance to be paid by Buyer with respect to
such equipment that has suffered the Loss, which amount Buyer shall promptly
pay Seller, and Seller shall revise the Payment Schedule accordingly. Buyer
will take actions reasonably necessary to attempt to secure subsequent
appropriations to pay said remaining unpaid balance, less unearned interest.
Seller will make the proceeds of any property insurance maintained by Buyer
under this Contract available to Buyer for the purposes of this Section if no
default has occurred and is continuing.
DEFAULT
Time is of the essence hereof and if Buyer shall fail to pay when due any
installment, or otherwise fail to observe, keep, or perform any provision of
this Contract required to be observed, kept, or performed, then Buyer shall
be deemed to be in default with respect to the purchase of each Commercial
Unit of Equipment directly affected by such fqilure and unless Buyer causes
such default to be cured wi thin thirty (30") days after receipt of written
notice thereof from Seller, at the expiration of such notice period the
balance of all installment payments due or which will become due hereunder
with respect to the purchase of each such Commercial Unit of Equipment, less
unearned interest, shall immediately become due and payable. If any of the
foregoing occurs, Seller shall have all the rights and remedies of default
available under Florida Law, except that Seller shall not be entitled to
recover any indirect or consequential damages or loss resulting from Buyer
failing to pay an installment to become due with respect to any Commercial
Unit of Equipment so affected after such default has occurred.
If seller shall fail to transfer to Buyer good and marketable title, free of
liens or encumbrances of any kind whatsoever, for any Commerci.al Unit of t,he
Equipment purchased under this Contract, or if Seller shall repudiate
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Page 14 of 22
performance under this contract, or if Seller shall otherwise fail to
observe, keep, or perform any provision of this Contract required to be
observed, kept, or performed, then, unless the default substantially impairs
the value of the whole contract, Seller shall be in default with respect only
to such Commercial unites) which are directly affected by the default or
failure of Seller and unless Seller causes such default to be cured within
thirty (30) days after receipt of written notice thereof from Buyer, upon
default by Seller, Buyer shall be possessed of all the rights and remedies of
a Buyer in due course under the provisions of the Florida Uniform Commercial
Code. The foregoing rights and remedies of Buyer may be exercised without
-impairing Buyer's interest in and title to any Commercial Unit of the
Equipment acquired under this Contract and without limitation ,to or waiver of
any rights or remedies available to Buyer by law.
USE AND LOCATION OF EQUIPMENT
Each Commercial Unit of the Equipment shall be kept at its installation
address and shall not be moved without Buyer providing prior written notice
thereof to Seller. Buyer shall not use or deal with any Commercial Unit of
the Equipment in any manner which is inconsistent with the terms of this
Contract, any policy 9f insurance referred to herein, or any applicable laws,
codes, ordinances and regulations. Buyer shall not allow any Commercial Unit
of Equipment to be misused, abused, or wasted, or allowed to deteriorate,
except for ordinary wear and tear resulting from its intended use. Seller
shall have the right to inspect any Commercial Unit of the Equipment at any
reasonable time, wherever located.
PREPAYMENT
At any time during the term of this Contract, Buyer shall be entitled to
pr~pay the principal balance in whole or in part without penalty of any kind.
Ho~ever, an administrative fee of fifty dollars ($50) may be charged Buyer by
Seller on any such prepayment within twelve (12) months from the effective
date hereof.
ASSIGNMENT
Buyer shall give Seller not fewer than thirty (30) days prior written notice
of any proposed resale, lease, or assignment qf any Commercial Unit of the
Equipment acquired during the term of this Contract or any assignment hereof.
Such notice shall identify each Commercial Unit of the Equipment to be
resold, leased, or assigned, and the date upon which such sale, lease, or
assignment is to be effective. If any Commercial Unit of the Equipment is to
be resold, leased, or assigned, Buyer, at Seller's option, will pay to Seller
within thirty (30) days from the effective date thereof, the total unpaid
balance of installments due or which will become due hereunder, with respect
to each such Commercial Unit of Equipment less any interest then unearned.
Seller may assign any part or all of its interests under this Contract upon
prior written notice to Buyer. In the event of an assignment, Buyer shall
thereafter perform all the promises provided in this Contract to be performed
by Buyer to such assignee or transferee. However, no such assignment or
transfer shall impair Seller's obligation to provide Buyer with the
performance provided in this Contract and, in the event of any such
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Page 15 of 22
assignment or transfer Buyer's rights to assert any claim or defenses it may
have under this Contract shall not be impaired as against Seller, its
assignee, or transferee.
NOTICES
It is agreed that thirty (30) calendar days shall constitute reasonable
notice for the exercise of any right held by either party to this Contract.
All notices or other communications required or ,permitted to be given
pursuant to this contract and by law shall be in w~iting and shall be valid
and sufficient if delivered by hand or dispatched'through the U.S. Postal
Service by Registered or certified first-cla~s mail, Return Receipt
Requested, postage prepaid to the addressees) set!forth first herein, or such
other addresses as either party shall notify .,the other in writing. No
additional notice need be given to the installation address (es) . Notices
dispatched through the U.S. Postal Service by Registered or certified first-
class mail, Return Receipt Requested, shall be given upon the date received
by addressee, as indicated in the executed Return Receipt.
In the event any notice, which has been dispatched in accordance with this
paragraph, is refused acceptance of delivery by the party to whom addressed,
notice shall be deemed to have been given as of the date of the first attempt
by the u.s. Postal Service to deliver same.
GENERAL
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No delay or omission to exercise any right, power, or remedy accruing ~6
Seller or Buyer upon breach or default by either party under this i2tract
shall impair any such right, power, or remedy of Seller or Buyer; n t"}shall
any such delay or omission be construed as a waiver of any such b ~ach or
defau1t, or any similar breach or default thereafter occurring; nor shall
any waiver of a single breach of default be deemed a waiver of any such
subsequent breach or default. All waivers must be in writing.
~ This Contract shall be deemed to have been executed and entered into within
~ the State of Florida and any dispute arising hereunder shall be governed by
11
the laws of Florida. Any provision of this Contract in violation of the laws
of the State of Florida shall be ineffective to the extent of such violation,
without invalidating the remaining provisions of this Contract. This
Contract shall not be construed against a party because that party wrote it.
The Section headings used herein are for convenience only and shall have no
significance in the interpretation of this Contract.
If de1ivery of the Equipment is not made at the time of the execution of this
Contract, Seller may insert the serial number and other marks used by Seller
to identify the Equipment on this Contract.
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RFP 181-94
Page 16 of 22
FUNDING
Buyer, as an entity of Government, is subject to the appropriation of funds
by its City commission in an amount sufficient to allow continuation of its
performance in accordance with the terms and conditions of this Contract for
each and every fiscal year following the fiscal year in which this Contract
is executed and entered into and for which this Contract shall remain in
effect. Buyer shall, upon receipt of notice that sufficient funds are not
available to continue its full and faithful performance under this Contract,
provide prompt written notice to Seller of such event and effective thirty
-(30) days after the giving of such notice, or upon the expiration of the
period of time for which funds were appropriated, whichever occurs first, be
thereafter released of all further obligations in any way related to such
Equipment. In such event, Buyer may within sixty (60) days thereafter sell,
lease, or otherwise dispose for fair consideration, which in no event shall
be less than the balance of all installment payments due or which will become
due hereunder, each Commercial unites) of the Equipment so affected and from
the proceeds thereof pay to Seller all remaining sums due under the terms of
this Contract, pursuant to Exhibit A, less any interest then unearned, or may
(return to Seller each' Commercial Unites) of the Equipment so affected, as
follows: (i) Buyer shall del i ver unencumbered title of the Equipment to
Seller, and (ii) the Equipment returned to Seller shall be in good condition,
reasonable wear and tear excepted. However, Buyer agrees (1) not to cancel
the contract under this provision if any funds are appropriated to it for the
acquisition (by purchase, lease, or otherwise) of other functionally
\ equivalent equipment for the fiscal year of termination provided such action
, is not contrary to any expressed legislative intent, and (2) to expressly
\ include in its appropriation request each year of the Contract a request for
\an appropriation to fund the Contract.
Buyer and Seller understand and intend that the obligation of Buyer to make
payments hereunder shall constitute a current expense payable solely from
non-ad-valorem funds of the Buyer and shall not in any way be construed to be
a debt of the Buyer in contravention of any applicable constitutional or
statutory limitation or requirement concerning the creation of indebtedness
by the Buyer, nor shall anything contained herein constitute a pledge of the
ad-valorem tax revenues, funds or moneys of Buyer. Seller shall have no
right to require or compel Buyer to levy ad-valorem taxes for the payments
due hereunder.
In the event Buyer returns any of the Equipment fo~ failure of
appropriations, Seller shall retain all sums paid by Buyer under this
Contract with respect to such Equipment and Buyer shall transfer to Seller
good and marketable title, free of liens or encumbrances of any kind
whatsoever, of the Equipment. However, if during such sixty (60) day period
Buyer identifies another political subdivision of the state of Florida (as
that term is defined in Section 103 of the Internal Revenue Code of 1986, as
amended) that is willing to assume all of the obligations of the Buyer under
the Contract (and Seller determines that such transfer would not affect the
tax-exempt nature of the obligation created under the Contract and that such
enti ty demonstrates acceptable creditworthiness) Buyer may transfer such
duties and obligations to such entity, thereby terminating Buyer's
liabilities for any duties or obligations to Seller under this Contract that
are assumed by such entity. Seller shall be reimbursed by Buyer or such
RFP 181-94
Page 17 of 22
other entity for any costs or expenses resulting from such transfer of duties
and obligations.
Thereafter, the successor agency shall be responsible for performing all the
obligations of Buyer described in this Contract.
ESSENTIAL USE
- Buyer represents that: (a) the use of the Equipment is essential to its
proper, eff icient and economic functioning or to the services that it
provides to its citizens; (b) Buyer has an immediate need for and expects to
make immediate use of substantially all the Equipment, which need is not
temporary or expected to diminish in the foreseeable future; and (c) the
equipment shall be used by the Buyer only for the purpose of performing one
or more of its governmental or proprietary functions consistent with the
permissible scope of its authority.
FORM a038G
Buyer shall complete and file on a timely basis, Internal Revenue Service
~ form 8038G in the manner set forth in section 149 (e) of the Internal Revenue
Code of 1986, as amended. Buyer will take and will cause its officers,
employees and agents, to take all actions legally within its power necessary
to ensure that the Interest Portion of the Rental Payments does not become
subject to federal income taxation under the Internal Revenue Code of 1986
and treasury regulations promulgated thereunder. Buyer represents, warrants
and covenants that it shall not do, cause to be done or fail to do any act if
such act or failure to act will cause this Contract or any transaction
hereunder to be an arbitrage bond within the meaning of section 148 of the
Internal Revenue Code of 1986, as amended, or a private activity bond within
the meaning of section 141 of the Internal Revenue Code of 1986 as amended.
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The Buyer expressly recognizes that Seller or its Assignee shall not be held
liable to Buyer except for the acts or omissions of their respective
officers, employees, or agents, and shall not be otherwise liable to Buyer
for damages sustained by Buyer as a result of Buyer's use or possession of
the Equipment.
DISCLAIMER OF WARRANTIES BY SELLER
Seller is not a manufacturer of the Equipment or a Dealer in similar
Equipment, does not inspect the Equipment prior to delivery to Buyer and has
not made and does not make any representation, warranty, or covenant,
expressed or implied , with respect to the Equipment. The Vendor shall remain
directly liable to Buyer under its warranty. Buyer shall look directly to
Vendor in the event of any claim for breach of such warranty.
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Page 18 of 22
ENTIRE CONTRACT
This Contract for Installment Sale and Purchase constitutes one contract
between Buyer and Seller with reference to the purchase of each Commercial
unit of the Equipment described above, which contract supersedes any and all
prior written or oral agreements. This Contract consists of nine numbered
pages and Exhibit A, Payment Schedule. This Contract shall not be modified
except in writing signed by both parties.
NOTICE TO SELLER
Buyer hereby represents that it is a governmental entity, that it has the
capacity and authority to enter into this contract, subject to the
availability of lawfully appropriated funds, and that the person executing on
behalf of Buyer has authority to do so. It is not the Buyer's intent to
become a reseller or re-marketer of equipment purchased pursuant to this
Contract.
NOTICE TO BUYER
1. Do not sign the contract before you read it or if it contains any blank
spaces.
2. You are entitled to an exact copy of the contract you sign.
3. Under the law you hav~ the right to payoff in advance the full amount
due and under certain circumstances avoid the payment of additional
interest.
BUYER ACKNOWLEDGES RECEIPT OF A TRUE COpy HEREOF AND THE AGREEMENT HEREIN
REFERRED TO.
IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be
executed by their respective representatives hereunto duly authorized, all as
of the day and year first above written.
city of Clearwater
Buyer
ATTEST:
By:
Title:
Finance Director
ATTEST:
Seller
By:
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RFP 181-94
Page 19 of 22
RE: Contract for Installment Sale and Purchase dated as of by and
between (Seller) and the City of Clearwater (Buyer).
Gentlemen:
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I have acted as counsel to Buyer with respect to the attached Contract for Installment
Sale and Purchase and various related matters, and in this capacity have reviewed a
duplicate original or certified copy of the Contract and the Exhibits attached thereto.
Based upon the examination of these and such other documents as I deem relevant, it is
my opinion that:
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1. Buyer is a municipal corporation and political subdivision of the State of Florida
(the State), duly organized, existing and operating under the constitution and laws of
the State.
2. Buyer is authorized and has power under State law to enter into the Contract, and
to carry out ita obligations thereunder and the transactions contemplated thereby.
3. The Contract has been duly authorized, approved, executed and delivered by and on
behalf of Buyer, and is a valid and binding contract of Buyer enforceable in accordance
with its terms, except to the extent limited by state and Federal laws affecting
remedies and by bankruptcy, reorganization or other laws of general application
relating to or affecting the enforcement of creditor's rights.
4. The authorization, approval and execution of the Contract and all other proceedings
of Buyer relating to the transactions contemplated thereby have been performed in
accordance with all open meeting, public bidding and all other laws, rules and
regulations of the state.
5. The execution of the Contract and the appropriation of moneys to pay the Rental
Payments coming due thereunder do not result in the violation of any constitutional,
statutory or other limitation relating to the manner, form or amount of indebtedness
which may be incurred by Buyer.
6. To the best of my knowledge, there is no litigation, action, suit or proceeding
pending or before any court, administrative agency, arbitrator or governmental body,
that challenges the organization or existence of Buyer, the authority of its officers;
the proper authorization, approval and/or execution of the Contract, Exhibits thereto
and other documents contemplated thereby; the appropriation of moneys to make Rental
Payments under the Contract for Buyer's current fiscal year; or the ability of Buyer
otherwise to perform its obligations under the Contract and the transactions
contemplated thereby.
7. Approval for purchase and financing of the equipm~nt referenced in the Contract was
duly and validly adopted by Buyer's governing body on , and such
approval has not been amended or repealed and remains in full force and effect.
8. The Contract does not constitute, and is not expected to become, an arbitrage bond
within the meaning of Section 148 of the Internal Revenue Code of 1986, as amended, or
a private activity bond within the meaning of Section 141 of the Internal Revenue Code
of 1986, as amended.
By:
M.A. Galbraith, Jr.
City Attorney,
City of Clearwater
Date
RFP 181-94
Page 20 of 22
S t_?!.nd_ar4-pu_r_c:JEu~j.J.1..9_B,~,qu i_~,eJT1e 11 t s,_f9~~_ ~~~eq'Jf:!..~tL[ or_RJ'QRosa l..e~
1. In order to comply ",lith Floric1F.1 statutrs, all bidders will Q,e
required to complete c\ Drug Free \vork'place form (F. S.
#287.087) and Public Entity Cr:-imes form (F,S. #287.133).
Copies of both documents ;'Ire attr:'lchec1 and must be returned
with your Bid Response.
2. Righ t_T-9_PC9_te.E_t
Any actual or prospecti.ve bidder who
connection ....Jith the solicitation or i'I'vJard
see}( resolution of his/her compli:'lints
Purchasing Manager.
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a contract may
contacting the
3. CompJ'-Jan....c_~ with Recycled P'=!.tLe_L-Qrdina_Dce
Per Ordinance #5059-90, the city shall req\.l1re all persons
submitting responses to r.equests for pr.oposals or invitations
to bid to agree to the following as a precondition to contract
award:
a) All report~'submitted to the city by a contractor
in fulfillment of contl.C1ct obligations shall use
r e eye 1 e c1 pap e r ".J h 0 nit i s a va i 1 a b lea tar e as 0 nab 1 e
price and of satisfactory quality to meet
contract:ual performance standards. For the
purposes of th i. s pa ragraph, the pr ice of recycled
paper shall be considered r'reasonable" if its cost
is no more than ten percent higher than the lowest
price offered for non-recycled paper.
b) All reports submitted to the city by a contractor
shall use.. both s'ides of paper sheets whenever
practicable.
c) Contractors sha 11 be responsible for maintaining
records documenti.ng usage of recycled, paper for
reports submitted to the City in fulfillment. of
contractual obli at'ons. Contractors shall submit
such recot",~ o 'the' 'ci ty ""ccording to procedures to
be es tahfi'shed by the Pur has i ng Manager not later
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than ,'etober 1, 1991. /
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4. No Correction~
Once a competitive proposal is submitted, the city shall not
accept any request by any proposer to correct errors or
omissions in any 6alculations or competitive price submitted.
RFP 181-94
Page 21 of 22
5. FeJ;_~ 11 t tOl~J__u)Jcl_Dj_~p_QsJ~J_gJ____ r~r_QP_O_SJ1J_~
'J'he city r"eserves tile r.ight to retain ell1 submitted
competitive proposaJs for official recorrl purposes. Tile city
a 1 so res e r ve s the r i 9 h t t 0 cl i s po S e 0 fan y 0 r a 11 cop i e S 0 f
competitive proposals in whi1t0.ver manner j t deems C'1ppropriat~.
. . . . J b '1
No COplf?S of cornpetltlVE': pl'oposals t..JJ,..1. "e returned to the
proposer.
6. Legal Na.me
Competitive proposals shall clearly indicate the legal name,
address, and telephone number of the bidder (company, firm,
partner.ship, individual). Competitive proposals shall be
signed i.1bovf? the typed or printed nC'nne and title of the
signer. The signer sh2d] have the Cluthority to bind the
proposer to the submitted competitive proposal.
7. OpelJ.ne_~_~__Qf_E.rocLLLeJILeJ:L~e.!'-:"Q~ess
written competitive proposClls, other sUbmissions,
correspondence, ond oIl records made thereof, as well as
negotiations conducted pL'rS\lClnt to thi !,~ RFP, shall be handled
in co~pliance with Ch~pters 119 and 286 Florida statutes. The
city gives no ;;J'SSllrance ~s to the confidentiality of any
portion of any proposal once submitted.
8. No Coll~~~9~
By offeril1g C'\ submission to the RFP, the proposer certifies
the pr.oposer ha5 not di vulged to, discussed or compared
hiS/her competitive proposC11 with other proposers and has not
colluded with any other proposers or parties to this
competitive proposal whatsoever. 1\150, proposer certifies"
and in the case of i1 joint competitive proposal each party
thereto certifies as to its own organization, that in
con nee t ion v.' i t 11 t 11 e co 111 pet .i t i ve p r q p 0 sa 1 :
a. any prIces and/'Jr cost data submitted have been
arrived at independently, without consultation,
communication, or agreement, for the purpose of
restricting competition, as to any matter relating
to such prices Clndjor cost data. v}j,th any other
proposer or with any competitor;
b.
any prIces undjor cost data quoted for this
competitive proposal have not been knowingly
disclosed by t,he competitive proposal and will not
kno\.Jingly be disclosed by the proposer, directly or
indirect-:.Jy to any other proposer or to any
competitor, prior t.o the sc~edLllecl opening;
. .
RFP 181-94
Page 22 of 22"
C. no ~ttempt has b8f?n mC\de or will be mode by the
proposer to induce nllY other:- person or firm to
StJ bmi t or.. no t t:a [;ll hmi t n camp€': tit i ve propos a 1 for
the pUrpO[;0 of I-pstricting competition;
, ~
d. the only person or. persons interested in this
competitive propo5ill, principal, or princi.pals
i~/are named ther.ein and thilt no person other than
therein mentioned has any interest in this
competitiv~ propos'll or in the Agreement to be
entered into; Clnd
b.
The bid does not strictly
r.equirements of ':he bid; or
conform
if,
to
the
law
or
e. no person or Clgency hCl5 been emp:;'oyed or retained
to solicit or. :-:p-C\lre. this Agreement upon an
ngreement or \lIHt8t"stunding for a commission,
p8rc~ntag8, broket-ilge, Qr contingent fee, excepting
bona riclp employees or esti.lblished commercial
Clgencies rnrtintClinecl by the purchaser for the
purpose of c10inq b\lS.1.11l?SS.
9 . Jnformc;lJ~"i..t_y~~j. v~_V.B~j~_~_tor~__()J_B_.Lq~
The city m~y reject bids if:
cl. The bidder. misstates or conceals any material fact
i.' nth e b i c1; , 0 r .i. [ ,
, c. The bid is cond i l: iOI1;1.l., except tha t the bidder may
qualify his bid for ;'\cceptClllce by the city on an
11(111 or none" bClsis I or C\ "low item" basis. An
";:"\11 or n0l18" bt=\s.is bid must inc.lude all items upon
which bids r\t"e invited.
'I'he ci ty mr.1Y, howeve r, re j Gct d 11 bids whenever it is deemed
in the best inter.est of the city to.do so, and may reject any
part of a bid unless bid has been qualified as provided in
lJ(c) above. The city may Cl1so waive any minor informalities
or irregularities in any bid.
10. RFP Ex~~n~~s st~~~me~t
All vendor costs associated with this RFP will be the
responsibility of the vendot'.
.'
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A DRUG-FREE WORKPLACE, IN ACCORDANCE WITH SECTION 287.087
Preference shall be given to businesses with dmg-free workplace programs. Whenever two or
more bids which are equal with respect to price, quality and service are received by the City
for the procurement of commodities or contractual services, a bid recei~ed from a business that
certifies that it has implemented a drug-free workplace program shall be given preference in
the award process. Established procedures for processing tie bids ytill be followed if none of
the tied vendors have a drug-free workplace program, a business shall:
1. Publish a statement notifying employees that the unlawful manufacture, distribution,
dispensing, possession, or use of a controlled substanCe is prohibited in the workplace and
specifying the actions that will be taken against employees for violations of such
prohibition.
2. Infonn employees about the dangers of drug abuse in the workplace, the business's policy
of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and
employee assistance programs, and the penalties that may be imposed upon employees for
drug abuse violations.
3. Give each employee engaged in providing the commodities or contractual services that are
under bid a copy of the statement specified in subsection (1).
4. In the statement specified in subsection (1), notify the employees that, as a condition ,of
working on the commodities or contractual services that are under bid, the employee \0Jl
abide by the terms of the statement and will notify the employer of any conviction of~ or
plea of guilty or nolo contendere to. any violation of chapter 893 or of any controlled
substance law of the United States or ,my state, for a viola~ion occurring in the workplace
no later than five (5) days after such conviction.
,
5. Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or
rehabilitation program if such is available in the employee's community. by any employee
who is so convicted.
..
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f"'.
6. Make a good faith effort to continue to maintain a drug-free workplace through
implementation of this section.
~~.,~
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As the person authorized to sign the statement, I certify that this fmn does/does not (select
only one) fully comply with the above requirements.
Barnett Bank of Pinellas County
a~
-Ar'?~ -.v-
,
Business's Name
Vendor's Signature
I.
SWORN STATEMENT PURSUANT TO SECTION 287. 133 (3) (a),-
FLORIDA STt\ TUfES, ON PUBLIC ENTITY CRIMES
. ,
TmS FORM MUST BE SIGNED AND SWORN TO IN THE PRESENCE OF A NOTARY PUBLIC OR
~R OFFICIAL AUTHORIZED TO ADMINJSTE~ OATHS.
. -
City of Clearwater
(print name of public entity)
Fran~ A. Parrella, Vice President
[print individual's name and title 1
~ar~ett Bank of Pinellas County
[prin~ name of entity submitting sworn statement)
600 Cleveland Street
C1earwater. Florida 34615
1. This sworn statement is submitted to
I', by
, 1.'1 ~ for
l~l .' .
. '" whose business address is
h,
:..\
'; '\ and (if applicable) its Federal Employer Identification Number (FEIN) is 59-0715528
(If the entity has no FEIN, include the Socjal Security Number of the individual signing this sworn statement:
2. . I \U1derstand that . "public entity crime. as defined in Paragraph 287. i33(1)(g), Florida Statutes, means a
violation of any state or federal law by a person with respect to and directly related to the tnnsaction of
business with any 'public entity or with an agency or political subdivision of any other state or of the United
States, including, but not limited to, any bid or contract for goods or services to be provided to any public
entity or an agency or political subdivision of any other state or political subdivision of the United States and
involving antitnlst, fraud. theft. bribery, collusion, racketeering, conspiracy, or material misrepresentation.
1 A predecessor or successor of a person convict<<l of a public entity crime; or
2. An entity under the control of any natural person who is active in the management of the entity and who
has been convicted of a public entity crime. The term .affiliate- includes those officers, directors,
executives. partners, shareholders. employees. members, and agents who arc active in the management of
an affiliate. The ownership by one person of shares constituting a controlling interest in another person,
or a pooling of equipment or income among persons when Dot for fair JIUlI'ket value under an arm's
length agreement, shall be a prima facie case that one person controls another person. A person who
knowingly enters into 11 joint venture with a person who bas been convicted of a public entity crime in
Florida during the preceding 36 months shall be considered an affiliate.
3. 1 understmd that .convicted- or .conviction- as defin\~ in Paragraph 287.133(l)(b). Florida Statutes. means
a finding of guilt or a conviction of a public entity c.nme. with or without a adjudication of guilt. in any
federal or state trial court of record relatine to ~ges brought by indictment or information after July I,
1989, as a result of a jury verdict, non-jury trial, or entry of a plea of euilty or nolo contendere.
4. I understand that an .affiliate- as defined in Paragraph 287.133(1)(.), Florida Statutes, means:
J.
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Ii
:1
5. I understand that a -person" AS defined in Paragraph 2S7.133(1)(e). Florida Statutes. means any natural
person or entity organized under the '1~~ OrMY state or of the,p~~ States with the JeB~ power to enter
into a binding contract and which ~ds ~r Ilpp~i'es to. bid'~n' contrac!S fC?<the provision of goods or acrvices let
by. public entity or which othenvise transacts' or .p'pli~'~ ~t ~Ufiness with. public entity. The term
-person - includes those officers, directors, executiveS; . partners, shaieholders, cmployocs, members, and
agents who arc active in management of an entity" . ."",-,..-- ~--..- ., I
.
,
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AGENDA
DATE
/0- :3-9i
iTEM # 9-
-flJoCt 3
..........--..-............ ... .
-...--........_..-........~.-. .
, .
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Clearwater City Conunission
Agenda Cover Memorandum
q.
Item #
Meet i n9 Date:
IO'3'Cj~
REPRESENT CLEARWATER GAS
SUBJECT:
SYSTEM
RETAIN WASHINGTON, D.C. LEGAL COUNSEL TO
RECOMMENDATION/MOTION: Approve Clearwater Gas System's continued participation
with the Florida Municipal Natural Gas Association (FMNGA) in the joint
municipal representation of regulatory and legal issues through the use of
FMNGA's Washington, D.C. based counsel, Miller, Balis & o'Neil, P.C. (MBO) , and
also retain MBD to represent the city on issues involving Clearwater Gas System
before the Federal Energy Regulatory Commission for an estimated annual total
budget amount of $50,000 for both types of representation for FY 94/95,
~ and that the appropriate officials be authorized to execute same.
BACKGROUND: The FMNGA is an association of municipally-owned natural gas
utilities, authorities and districts in Florida for the purpose of joint
representation of municipal issues on industry, legislative, regulatory and
pipeline issues. A primary activity of FMNGA is representing the municipals
before the Federal Energy Regulatory Commission (FERC). The overall costs to
the municipals are lower by sharing these expenses rather than each municipal
representing themselves on Federal issues.
FMNGA has retained the firm of Miller, Balis & o'Neil, P.C. (MBO) to serve as
the group's legal counsel. MBO is well suited to represent FMNGA and us on
regulatory issues at a Federal level as the firm specializes in natural gas
pipeline issues and Federal regulatory and legislative representation and also
serves as legal counsel to the American Public Gas Association (APGA) which eGS
is also a member. To this end, Clearwater Gas System (CGS) pays an assessment
to FMNGA on any given issue where we are a benefactor of the legal counsel,
typically based on our number of meters as compared to the total number of
meters for the FMNGA group which is represented on the issue.
FMNGA is currently actively representing our interests in such issues as:
o The Florida Gas Transmission (FGT) Curtailment filing where FGT has
requested approval to curtail gas supply when emergency situations
require them to lower supply gas pressures on their pipeline system,
Reviewed by:
Legal
Budget
Purchasing
Risk Mgmt.
CIS
ACM
Other
Originating Ocpt: \,
Clearwater Gas System A~J
lP-
Estimated $ 50,000
Current Fiscal Yr.
~
~A.
fA
Estimated $ 50.000
Total
commission Action:
o Approved
o Approved w/conditions
o Deni ed
o Continued to:
Costs:
User Dcpt:
Funding Source:
o Capi tal Imp_
tE1 Operating
o Other
Attachments:
Miller, Balis & O'Neil Letter
Subnitted by:
Cit~~
Advertised:
Date:
i~~\Paper: N/A
, .. ~ Not Requi red
Affected Parties
o Notified
181 Not Requ ired
Appropriation Code:
423-02072-530100-532-000
423-02064-530100-532-000
o None
r.
~. Printed on recycled paper
. . " '. " ' ' . . ' ~ . , '. .' J ~ . . . '. . : " . .'. ",'
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o The Sunshine Pipeline Precedent Agreement where Clearwater, Okaloosa,
Leesburg and Pensacola are negotiating transportation agreements with
this proposed new supply pipeline, and
o The upcoming FGT Rate Filing expected in December, 1994.
Additionally, CGS needs Washington, D.C. based legal representation on issues
which involve only our interests and not those of the FMNGA group as a whole.
Examples of current issues of this nature are:
o The Florida Gas Transmission (FGT) related legal counsel work related
to our FGT Phase III capacity to serve Pasco county as well as the
FERC filing for the Pasco gate station, and
o The FERC related legal counsel work related to the territorial
dispute filed by Peoples Gas System (PGS) where PGS has also
initiated a FERC protest of our Pasco gate station filing.
The CGS Managing Director and the Interim city Attorney recommend that we
continue to jointly participate with FMNGA on common issues of federal
regulatory and legislative representation and that the City retain the firm of
Miller, Balis & O'Neil, P.C. directly to meet the Washington, D.C. based legal
needs of the Clearwater Gas System and that an annual budget be established for
this Washington, D.C. legal representation in the amount of $50,000 to cover
both FMNGA assessments for legal services as well as direct legal expenses from
MBO.
The attached letters from MBO outline their billing rates for the FMNGA and
extend these same rates to the Clearwater Gas System. Partner's work is billed
at $160 - $190 per hour and associate attorneys at $90 - $150 per hour. Our
primary attorneys are Bud Miller (partner) who bills us at $175 per hour and
Royce Dickens (associate) who bills us at $115 per hour. They do not bill us
for related paralegal and support staff. They will bill for travel and other
out-of-pocket expenses (such as mailings, copies, etc.) at actual cost with no
mark-up.
We have estimated the total annual budget of $50,000 based on $25,000 for our
prorated share of the FMNGA billings and $25,000 for direct billings from MBO.
Either amount may vary; however, we are recommending a total budget for all
Washington, D.C. based legal representation plus related legal expenses
totalling an estimated amount of $50,000.
The proposed Clearwater Gas System FY 94/95 budget has sufficient funds in the
Gas Administration & Supply Division's operating budget to cover these legal
expenses.
i
....
LAW OFFICES
WILLIAM T. MILLER
STANLEY W. BALIS
ROBERT A. O'NEIL
JAMES R. CHOUKAS-BRADLEY
SUSAN N. KELLY
JONATHAN S. LIEBOWITZ
JOHN MICHAEL ADRAGNA
JAMES H. BYRD
THOMAS C. GORAK
JOliN P. GREGG
MILLER, BALIS & O'NEIL
A PROFESSIONAL CORPORATION
"LISA L. ARRASMITH
KEIIO' K. CARTER
ROYCE L. DICKENS
SHEPARD H. ENGLANDER
MARY A. "EKMAN
"ELISABETH R. MYERS-KERBAL
KATHRYN A. O'BRIEN
PAMELA M. SII..8ERSTEIN
ll,w NINI:"TEEJlrTH SfREET, N.W.
SUITE 700
WASIIINGTON, D.C. 20036
(202) 296-2960
FAX (202) 296-0166
SEAN T. BEENY
OF COUNSEL
'ADMI1TED IN O'l1l1lR TIIAN TIlE DISTRICT OF COLUMBIA
August 25, 1994
Mr. J. Terry Neenan
Gas Superintendent
Clearwater Gas System
400 North Myrtle Avenue
Clearwater, Florida 34615
Re. Miller. Balis & O'Neil. P.C.'s 1994 Fee Schedule
Dear Terry:
Enclosed is a copy of a letter we sent on October 29, 1993, to Harry Zehender, who at
that time was President of the Florida Muncipal Natural Gas Assocation, regarding the firm's
fee schedule for Calendar Year 1994. Since the Clearwater Gas System is a member of
FMNGA, the fee schedule discussed in the 1993 letter is applicable to services rendered to
Clearwater as a member of FMNGA, The fee schedule is also applicable to any other legal
services Miller, Balis & O"Neil may render for Clearwater in Calendar Year 1994.
I would be happy to furnish any other fee information you may require. Please let me
know if I can be of further assistance in this regard,
Sincerely,
f3~
William T. Miller
Enclosure
M:\CLIENTS\03260\082SCLR.L:R
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AUG 2 9 ~IQ0Lt
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C/eanvllter Gas System
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. ~'.._~~~~~~-:~~~~~-~~,-~: . :,: ".. , " , " " >-.. ",' :' '.', ' ',' , . :,' . :.".. ~,'
. . '. .' . ~ " , " '. .' . . ..' "'.. .', . .": . , I ' .... " . ' . ~ . .'
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,\
LA W OFFICES
WILLIAM T. MILLER
!ITANLEY W, BALIS
,(OBERT A. O'NEIL
JAMES R. CHOUKA5-BIlADLEY
SUSAN N, KELLY
JONATHAN S. LIEBOWrrz
JOfIN MICHAEL ADRAGNA
lAMES H, BYRD
TIIOMAS C. GORAK
JOUN P. GREGG
MILLER, BALIS & O'NEIL
^ PROFESSIONAL CORPORATION
.USA l.. ARaASMrrH
OOUGl..AS O. CAIllEY .BEA VEil
KEHT Ie. CARTEIl
ROYCE L. DICKENS
.SHEPARD H. ENOLAHDEIl
MARY A.. HEItMAN
.KATHRYN A. O'BRIEN
PAMELA toe. SILBERSTEIN
1101 FOURTEENTH !ITREET. N'w.
SUITE 1400
W^SHINGTON. D,C, ~(0)5
12021 719-14SO
FAX (202) 789-4049
....ololrmo IN 0'TliU. 1ltAH llGlllU'nJC'T 0.. COlUWllA
October 29, 1993
Harry Zehender, Chainnan
Florida Municipal N alural Gas
Association
City of Sunrise
10770 West Oakland Park, Blvd.
Sunrise, FL 33351
Re: Miller, Balis & O'Neil. P.C. 's 1994 Fee Schedule
Dear Harry:
The purpose of this letter is to let you know about the Miller, Balis & O'Neil, P.C. fee
schedule which will be effective commencing January 1, 1994.
In 1991, we established an hourly fee range for panners of $160-$190; the fee range for
associates was set at $90-$150. We are doing our best to "hold the line" on legal fees by:
(i) again not revising our fee ranges for 1994, and (ii) adjusting our actual hourly rates upwards
by only the amounts required to offset general inflation and specific increases in our overhead,
and to reflect advancement in seniority levels.
Thus, in 1993, you were charged $175 for my time; in 1993, my hourly billing rate will
be $180. Royce Dickens' time will be charged at $115 per hour.
The goal of our firm is now, and has always been, to provide our clients with value for
their money. We think "value" means the highest quality legal services at the lowest reasonable
rate we can justify, given the very substantial overhead constraints that confront businesses
operating in large metropolitan areas like Washington, D.C. We genuinely appreciate your
.
Harry Zehender, Chainnan
October 29, 1993
Page 2
continued use of our finn. Please call us if you have any questions regarding this letter, or any
other aspects of our representation of the Florida Municipal Natural Gas Association.
Sincerely,
(3~u,j)-
William T. Miller
WTM/dam
cc: All FMNGA Members
Clearwater City Commission
Agenda Cover Memorandum
Item #
( 0 ~cctln9 Octc:
LD.3.q'f
SUBJECT:
CHANGE ORDER TO JOINT PROJECT AGREEMENT (JPA) WITH STATE OF FLORIDA DEPARTMENT
OF TRANSPORTATION TO RELOCATE NATURAL GAS MAINS DURING THE WIDENING PROJECT OF
EAST BAY DRIVE FROM BELCHER ROAD TO U.S. HIGHWAY 19 NORTH
\
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RECOMMENDATION/MOTION:
Approve the Change Order requested by the State to the subject JPA and increase
the estimated cost of the relocation of natural gas mains from $81,000 to
$122,463.12,
~ and that the appropriate officials be authorized to execute same.
BACKGROUND:
The State of Florida Department of Transportation has requested that the
estimated cost of the relocation of natural gas mains during the widening
project of East Bay Drive from Belcher Road to U.S. Highway 19 North be
increased from $81,000 as estimated in Joint Project Agreement #15030-3524/6524
to $122,463.12.
i
1
The State has numbered this Change Order as #3; however, they are including
changes in the estimated construction costs given them by Clearwater Gas System
before the final JPA was signed. Therefore, this is actually the first change
order to the JPA approved by the City Commission on January 7, 1993.
The Clearwater Gas System must estimate construction and/or relocation costs
for natural gas mains when working with the State of Florida sometimes three or
four years before the project actually begins construction. This project was
originally designed and estimated in 1991, although the final JPA was not
approved by the city Commission until 1993. Since that time, our prices have
been updated to reflect the rising cost of construction. Had this project been
estimated today, our estimated cost would be $138,000.
The State of Florida holds on deposit the original estimated amount of $81,000.
Clearwater Gas System now requests that the additional amount requested of
$41,463.12 be approved by the Commission to cover the increased relocation
Reviewed by:
Legal
Budget
Purchasing
Risk Mgmt.
CIS
ACM
Other
N/A
full
N/A
lJA
U$
Originating Dept: ~
Clearwater Gas System
1;1.-(;
Costs:
$ 41.463. 12
Total
Commission Action:
o Approved
o Approved w/conditions
o Deni ed
o Continued to:
$ 41,463.12
Current Fiscal Yr.
User Dcpt:
Clearwater Gas System
Funding Source:
~ Capitol Imp.
o Operat i ng
o Other
^ ttachments:
Utility Work Order Change
'.....
Adver t i SL'<J:
Dote:
Paper:
I8l Not Requi red
Affected Parties
I8l Notified
o Not Rcqui red
Appropriation code:
315-96340-563300-532
315-96340-563800-532
o None
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Cit
....
~~ Printed on recycled popel'
. " ,:~::
- 2 -
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~
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S The Joint project Agreement provides for labor only at a new estimated cost to
Clearwater Gas System of $122,463.12. The gas materials for this project will
be provided by the Clearwater Gas System from existing inventory and will
include 3,628 feet of 4" PE gas main, 604 feet of 6" steel casing pipe and
various other gas fittings., These materials will be issued from the
appropriate inventory codes and charged to the CIP code 315-96340-563300-532.
The available balance in Capital Improvement Projects, 315-96340, Line
Relocation - capital, is sufficient to provide funds for this project.
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7191
STATE OF FLORIDA DEPARfl\lENT OF TRANSPORTATION
DIVISION OF PRF..coNSTRUcnON & DESIGN
UTILITY WORK ORDER QIANGE NO. 03
WPI
PROJECT NUl\ffiER
S.R.
COUNTY
PAR. & R1W 1#
FAP#
7116975
15030-3524/6524
686
PINELLAS
N/A
1\1-1414(12)
UTILITY AGENCY
CITY OF CLEARWATER/GAS DIVISION
A.
1.
The agency is hereby aulhorized to observe the foUowing changes in the plans and/or specifications to the subject Utility Agreement, and to
perform such work accordingly, further described as:
The original Joint Project Agreement., Installation by Highway Contractor is estimated for S81,000,OO. This Work Order Change No.3
increases that amount to $ 122,463.12. This includes Mobilization, Maintenance of Traffic, 2% CEA , and 10% Contingency.
2. The item(s) of work covered by this Work Order Change is referenced 10 an Agreement Mav 5. 1993 of record dated and no Supplemental
Agreement is required.
B.
I.
The Utility Relocation Work is to confonn to that shown by the utility adjustment plans as:
a._
b..2L
AITACHED
INCLUDED IN THE HIGHW A Y CONTRACT PLANS
2. Reimbursement for the cost of this Utility Work is to bl: in accord wilh the provisions set forth in Administrative Rule Chapter 14-46 as:
a.-1L
b.
NONREIMBURSABLE - Section.Ol(4Xa)
REIMBURSABLE - Section,OI(4Xb)
(1) _ Force Account Method
(2) _ Lump Sum l\l<:thod
(3) _ Third Party Contract Method
c
ESTIMATED COST OF WORK DUE TO nllS aIANGE
ITEM NO.
rrEM
UNIT FlUCE
WORK ELIMINATED(-)
ADDITIONAL WORK (+)
QUANTITY
AMOUNT
QUANTITY
AMOUNT
Original Estimate
-64,327.04
!
,
II
:;;
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Mobilization
-3,216.35
Maintenance of Tr:Ulic
-1.608.18
CEA
-1383.03
Contingency
-10,465.40
Actual Bid
101,713.55
Mobilization
5,085.68
Maintenance of Traffic
2,542.84
CEA
2,186.84
Contingency
10,934.21
f
Sub-Totals ..... ....................................... ........ ....... .................. ...... .......................$ 81.000.00
Net Cost of Construction changes, this order .................................................................$ +41.463.12
Cost of Cons11Uction changes, previously ordered .................................................................$ 81.000.00
Net Total Cost Construction changes to date ................................................................................................S +41,463.12
Contract Anlount .............. ........... ....... ......... .................. .............. .............. ..... ................... ..........................$ 81.000.00
Estintntcd Cost of Work Authorized to date ................................................................................................$ 122.463.12
Ex:umned as to prOVISIons 3I1d partJclpatmg Items of cost:
S 122.463.12
S -O-
S .0-
District Utility Coordinator
District Utility Engineer
t1P-
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Reconuncnded:
Approved:
City of Clearwater IGas Division
.' '.':' ',', '... .' :.. '~,l . '~I ..'. . ,.,,". '", .",' .J. ':. '.. . ,.~. '.' ,,' '. ..... " ' ..t.... '". : . .... .....: ':.."
Clearwater City Commission
Agenda Cover Memorandum
1(.
Item #
Meet i ng Date:
10 '3~ 'lLI
,
SUBJECT: RETAIN TALLAHASSEE LEGAL COUNSEL TO REPRESENT CLEARWATER GAS SYSTEM
.~~
,
RECOMMENDATION/MOTION: Retain the law firm of Moore, Williams, Bryant, Peebles
& Gautier, P.A. of Tallahassee, FL to represent Clearwater Gas System in a
territorial dispute with Peoples Gas before the Florida Public Service
commission for an estimated amount of $50,000,
,~;:
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~ and that the appropriate offi ci als be authori zed to execute same.
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BACKGROUND: Peoples Gas System (PGS) has filed a territorial dispute with the
Florida Public Service commission (FPSC) to attempt to block Clearwater Gas
System (CGS) from expanding natural gas service into Pasco County. The FPSC
has the statutory authority in Florida to certify utility territories and
resolve disputes of this nature. The City does not have the legal expertise
in-house to represent Clearwater Gas System before the FPSC. Likewise, our
Pasco legal counsel (Martin, Figurski & Harrill, P.A.) does not have the
specialized expertise in handling legal disputes before the FPSC.
11
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The law firm of Moore, Williams, Bryant, Peebles & Gautier, P.A. (MWBPG)
specializes in municipal law and has expertise in handling disputes of this
nature before the FPSC. They are currently representing the Ft. pierce
utilities Authority in a similar territorial dispute filed by city Gas, and
they have represented the Florida League of cities before the FPSC. They are
also counsel to the Florida Municipal Power Agency and the Florida Municipal
Electric Association. This firm is well suited to represent Clearwater Gas
System before the FPSC.
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The attached letter outlines MWBPG's fee structure to accomplish this
assignment. They will bill us $175 per hour for partners and $135 per hour for
associate attorneys. They will not bill for the related paralegal and support
staff. They will bill for travel and other out-of-pocket expenses (such as
mailings, copies, etc.) at actual cost with no mark-up. Their estimate of the
total costs to represent Clearwater Gas System in this territorial dispute is
$50,000, assuming it follows the normal full regulatory process. If the
dispute is settled early, the costs could be lower based on fewer legal hours
applied. If the case were appealed or expanded beyond the normal scope of
cases of this nature, the legal costs could be higher. The CGS Managing
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Reviewed by:
legal
Budget
Purchasing
Risk Mgmt.
CIS
ACM
Other
~
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N/A
Originating Dcpt:
Clearwater Gas Systenl
"
\ Costs:
Esti~ted $ 50.000
Total
Commission Action:
o Approved
o Approved w/conditions
o Denied
o Continued to:
Estimated $ 50,000
Current Fiscal Yr.
User Dept:
Subni tted by:
fA' ~ ?!:(-.
Ci~(]n;Z1'
Advcr t j sed:
Dnte:
Paper:
~ Not Hcqui red
Affected Parties
o Not i f i cd
181 Not Required
Funding Source:
o Capital Imp.
~ Operating
o Other
Attachments:
Letter from Moore. ~illiam,
Bryant, Peebles & Gaut;er,
P.A.
Appropriat;on Code:
423-92072-530100-532
o None
.~.
~~ Printed on recycled paper
- 2 -
Director and the Interim City Attorney recommend that the City retain the firm
of Moore, Williams, Bryant, Peebles & Gautier, P.A. to represent CGS and the
City in this territorial dispute and establish an estimated budget for this and
any related legal work by MWBPG in the amount of $50,000.
A first quarter amendment to transfer $50,000 from Gas Revenues to the Pasco
Gas Expansion Code 423-92072-530100-532 will be submitted to fund this
expenditure as this territorial dispute was not anticipated at the time of
preparation of the FY 94/95 budget.
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MOORE, WILLIAMS, BRYANT, PEEBLES & GAUTIER, P.A.
ArrORNEYS AT LAW
FREDEI~(CK M. BRYANT
JAMES M. DONOHUE
RUSSELL D. GAUTIER
EDGAR M. MOORE
E, MURRAY MOORE,JR.
WILLIAM J. PEEBLES
F, PALMER WILLIAMS
L. LEE WILLIAMS, JR.
WILLIAM B, WILLINGHAM
W. T. MOORE, JR. (1896-1989)
306 East College Avenue (32301)
Post Office Box 1169
Tulluhassee, Floridu 32302
september 1, 1994
Telephone (904) 222-5510
Facsimile (904) 561-6226
~
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Mr. Chuck Warrington
Managing Director
Clearwater Gas
400 North Myrtle Avenue
Clearwater, Florida 34615
Re: Peoples Gas v. Clearwater Gas System
Dear Mr. Warrington:
Moore, Williams, Bryant, Peebles & Gautier, P.A. (the "firm")
is pleased to submit a proposal for the provision of legal services
in connection with a pending territory dispute between Peoples Gas
Company and Clearwater Gas System. The firm has over twenty years
of experience in advising clients in connection with utility
territory disputes and in litigating such disputes before the
Florida Public Service Commission and, as appropriate, Florida's
court system.
We are familiar with the pending territory dispute between
Clearwater and Peoples Gas and believe that there is a reasonable
likelihood that C~earwater will prevail if this matter proceeds
through its full course of litigation. We believe that the city's
legal fees in connection with pursuing this matter are not likely
to exceed $50,000.00, although to some extent the City'S legal
expenses will be dictated by the action of opposing counsel. If
the firm represents Clearwater in connection with this matter, our
fees will be based, on an hourly rate of $175.00 per hour for
partners and $135.00 per hour for associates. Costs and expenses
will be billed as incurred. No paralegal or support staff time
will be billed.
RECEIVED
SEP 0 6 1994
Clearwater Gas System
,> -.,t
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Mr. Churck Warrington
Page 2
September 1, 1994
We look forward to the opportunity to be of service to the
Clearwater Gas System.
william J. Peebles
WJP:vm
c:\clearwat\warring.ltr
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Clearwater City Commission
Agenda Cover Memorandum
Item #
Meeting Date:
I ~.
I 0 .3 .1Lj
SUBJECT:
Purchase of a 1994 Chevrolet 1/2-~on Pickup Trucks
RECOMMENDATION/MOTION:
Award a contract to Kaiser BuiCk, Pontiac, GMC Truck of Deland, FL, for the
purchase of 8 1994 Chevrolet 1/2-ton pickup trucks, at a cost of $87,064
($10,883/each) I purchase is from South Florida Water Management state Contract No.
94-0023, in accordance with section 2.564(1) (d) of the Clear\'later Code of
Ordinances; financing to be provided under the City's proposed master lease-
purchase agreement with Barnett Bank of Pinellas County, pending City Commission
approval on October 3, 1994;
~ and that the appropriate officials be authorized to execute same.
BACKGROUND:
The following 1/4-ton pickup trucks are scheduled for replacement during the
1994/95 fiscal year: Vehicle Nos. 1351.6 and 1671.69 (1985 Chevrolets); 2051.7
(1985 Dodge); 1346.104, 1681.332, 2080.180 and 2080.181 (1987 Fords) i and 6530.60
(1985 Dodge utility truck). General Services' Fleet Maintenance Division
estimated a replacement cost of $12,500 per 1/4-ton pickup truck. These
replacement purchases are included on the approved vehicle replacement list as
published in the 1994/95 budget.
The Purchasing Division has advised that due to the strong demand for light trucks
in the regular commercial market, factory assistance for municipal fleet purchases
is anticipated to decrease for the 1995 model year (e.g., General Motors and
Ford's financial assistance for municipal fleet purchases will decrease from
approximately $3000 to $1000-1300 per vehicle). Recently announced price
increases for the 1995 model light trucks will add approximately $500 to $800 to
the price of the 1/2-ton pickup. Total increase that includes both price increase
and decrease in assistance money will be between $2200 and $2800. The price to
purchase a 1/2-ton 1994 pickup will be less than the price of a 1995 1/4-ton
pickup. An administrator of the State contract confirmed to the Purchasing
Manager that Ford, General Motors, and other manufacturers will have significant
price increases in the next model year.
Reviewed by:
Legal
Budget
Purchasing
Risk Mgmt.
CIS
ACM
Other
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Costs:
$ 87,064
Total
commission Action:
o Approved
o Approved w/conditions
o Deni ed
o Cont inued to:
User O~t:
$ 20,698
Current Fiscal Yr.
various
Funding Source:
~ Capi tal Imp.
o Operating
o Other
Attachments:
'- '
Adverti sed:
Date:
Paper:
~ Not Requi red
Affect~ Parties
o Notified
~ Not Requi red
Appropriation Code:
315-94221-564100-590-000
~ None
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Kaiser Buick, Pontiac, GMC Truck of Deland, FL, contacted Purchasing that it has
received a shipment of 1994 Chevrolet 1/2-ton pickup trucks. All vehicles are
available on a first come, first serve basis at 1994 South Florida Water
Management State Contract pricing. The 1/2-ton pickup trucks are available at
$10,883 which is below the estimated replacement cost for 1/4-ton pickup trucks.
Kaiser is not receiving any 1/4-ton trucks in this order. Staff recommends and
the using departme~ts concur with replacing the 1/4-ton vehicles with 1/2-ton
trucks at the 1994 state Contract Pricing available from Kaiser.
Funding for this purchase is budgeted in proj ect Motorized Equipment--Lease
Purchase, 315-94221-564100-590-000, which has available funds of $283,495.08 as
of September 8, 1994. Fiscal year 1994/95 budgetary impact for the lease-purchase
is approximately $20,698 (principal: $15,142; interest: $5,556).
Clearwater City Commission
Agenda Cover Memorandum
Item #
Meeting Date: 10-03-94
\3 .
SUBJECT:
Main Library second and third floor renovation
RECOMMENDATION/MOTION:
Award a contract to renovate the second and third floors of the Clearwater Main
Library at a cost of $26,980 to Designwise Building Contractors, Inc. of
Clearwater, being the lowest most responsive and responsible bid submitted in
accordance with the specifications
~ and that the appropriate officials be authorized t~ execute same.
BACKGROUND:
A 1,380 square foot unfinished storage space on the third floor of the Main
Library will be finished to provide library administrative offices and a
conference room. The renovation includes the provision and installation of all
partition walls, interior doors and windows, dropped ceiling, HVAC, electrical
outlets and light fixtures, carpeting, and painting. This renovation will
permit the adult services staff, which are currently scattered over two floors,
to be consolidated into the current administrative offices on the second floor.
Two walls, with a counter and electrical outlets, will be constructed in the
1960 addition on the second floor, to permit the relocation of the reference
desk and Database Place. Load-bearing floor space currently used by the
reference desk and Database Place will then be freed for shelving.
Work will begin within ten days from approval of the project.
The available balance in project Code 3516 (Main Library - Third Floor
Renovations) will provide sufficient funding for this project.
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Reviewed by:
Legal
Budget
Purchasing
Risk Mgmt_
CIS
ACM
Other Gen.Serv.
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Originatl~ Dcpt:
!11})rS Library
Costs:
S 26.980
Total
Commission Action:
o Approved
o Approved w/condltions
o Denied
o Continued to:
User Dcpt:
$ 26,980
Current Fiscal Yr.
Library
Fl6lding Source:
~ Capital Imp.
o Operating
o Other
Attachments:
Bid spread sheet
PI'
Advertised:
Date: 08/05/94 & 08/12/94
Paper: Pin.Co.Rev T.Trib.
[J Not Required
Affected Parties
~ Notified
[J Not Requi red
o None
Slbni tted by:
C' M~
Appropriation Code:
315-3516
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BID RESPONSE FORM (202-94)
Item
No.
Quantity
Commodity Description
1 .
1 Job
Renovate the second and third floors
of the Clearwater Main Library
(Please See Attached Specifications)
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A PRE-BID CONFERENCE IS REQUESTED AT THE FOLLOWING TIME AND
PLACE: Clearwater Main Library
100 No. Osceola Avenue, 3rd Floor Conference Room
Clearwater, FL
August '17, 1994 - 10: 00 AM
Second Floor Renovations
$
$
Third Floor Renovations
Total For Both Floors
$
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Contact James Wood, for questions regarding this biq at
813/462-6610.
please return two (2) copies of Bid Response
F.O.B. CLEARWATER
," L-..I) Lit 10 D.J~f . f d
Start Date: "u' ~. \ a ter recelpt 0 or er.
Payment terms: ~\3 JC"-L.f , h-4q Lc>-t<,-rJ!.d:L~
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BIDDER REPRESENTATION
I represent that this bid is submitted in compliance with all
terms, conditions and specifications of the Invitation for
Bid and that I am authorized by the owners/principals to
execute and submit this bid on behalf of the business
identified below.
DESJGNHISE
BUSINESS NAME: BUILDING CON'rRACTORS, INC. FID1f 592370439
STREET ADDRESS: 2116 SUNNYDALE BLVD
CITY, STATE, ZIP CODE:
CLEARWATER, FLORIDA 34625
PRINT/TYPE NAME OF AUTHORIZED REP:
ICHARD
TITLE/POSITION OF AUTHORIZED
SIGNATURE OF AUTHORIZED REP:
DATE SUBMITTED: AUGUST 31
TELEPHONE
FAX NUMBER:
(U13) 4'11-2030
-3-
442-4023
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CITY OF CLEARWATER
SPECIFICATIONS FOR THE RENOVATION OF
THE SECOND FLOOR'S NORTHWEST STACK AREA AND
THE THIRD FLOOR STORAGE AREA OF THE MAIN LIBRARY
100 N. OSCEOLA AVENUE
1.01 DESCRIPTION OF WORK:
A. The specifications and drawings herein are intended to be
used as a general guide for the contractor. It is the
responsibility of the contractor, by conducting a job site
inspection, to determine the extent of the work to be done
and the working conditions. All work must be in compliance
with all federal, state and local codes and regulations.
Recommendations or changes to the specifications herein or
the attached drawings should be discussed with the Building
and Maintenance Superintendent before bids are submitted.
A pre-bid conference and walk through will be scheduled.
B. In general the work consists of the following:
1. Addition of partition walls and entrance doors on both
floors.
2. Addition of closets and associated doors on the third
floor.
3. Addition of a drop ceiling on the third floor.
4. Addition of an hvac system on the third floor.
5. Addition of aluminum and glass store front doors on the
third floor.
6. Addition of fluorescent lighting fixtures on the third
floor.
7. Installation of electrical outlets on both floors.
8. Installation of carpeting on the third floor.
9. Installation of interior windows in the new offices on
the third floor.
10. Installation of a 36" wide counter on the second floor.
2.00 GENERAL NOTES:
A.
The renovations
separately from
Either or both
rejected, at the
on the second floor are to be bid
the renovations on the third _ floor.
the renovations may be accepted or
option of the Library Department,.
1
B. All applicable permits are the responsibility of the
contractor. City of Clearwater per.mit fees will be
waived by the City.
C. Work will be done during normal business hours on the
third floor but after hours on the second floor.
~
D. All work must comply with all existing codes and
regulations.
E. Work is required to begin within 14 working days of
being awarded the job and is to be completed within 4
weeks from the date the work is started.
2.01 PARTITION WALLS:
A. New partition walls to be constructed of 2" x 4" studs
and 5/8" wall board.
B. New walls to be primed and painted using a water based
latex primer and water based latex paint with a semi-
gloss finish. Colors are to be chosen by the Library
Director.
C. New walls to contain 4" batt type insulation for sound
reduction.
2.02 DOORS AND WINDOWS:
A. With the exception of the store front doors, all doors
are to be solid core wooden doors with a finish to
match existing doors in the same area. Doors are to
contain A.D.A. locksets. Doors to the conference room
are to contain 20" X 20" windows.
B. Store front doors are to be constructed of glass and
aluminum. Contractor is to contact the Fire Marshall
regarding any required fire ratings.
C. Closet doors are to b~ of the type shown on the
drawings and be commercial grade.
D. Single pane windows shall be installed in two
offices on the third floor. The windows are to be
placed adjacent to the doors, as shown on the drawings.
2
2.03 DROP CEILING:
A. The third floor is to have a fire rated t-bar style
drop ceiling installed at a height of 8 feet. The grid
should be white in color and accept 2 ft. x 4 ft
ceiling tile.
B. Ceiling tile should be USG 339 fire rated tiles.
C. R-19 batt insulation shall be installed above the drop
ceiling.
2.04 HVAC SYSTEM:
A.
The hvac system shall consist of a 5 ton packaged roof
top unit, factory curb, associated duct work and
grilles. Manufacturers data on the equipment chosen
must be submitted with the bid package.
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B.
Units are to be Trane or Carrier. Units must have a
variable air volume louver for supplying outside air.
Two copies of the equipment's operating instructions
must be submitted upon completion of the installation.
c. Trunk lines are to be constructed of fiberboard. Flex
duct may be used for take-offs. A duct and grille
layout with sizes and air volumes must be submitted for
approval before installation is to begin.
D. Supply grilles are to be of the 2411 x 24" layin type.
All supply grilles are to have insulated backs.
E.. Return grilles are to be the filter back type, hinged
and contain filter frames.
F. Thermostat to be commercial grade, electronic and
programmable with a seven day time clock.
G. All hvac work is to be done by a licensed air
conditioning contractor.
H. All power and control wiring is the responsibility of
the contractor.
I. All roof work is the responsibility of the contractor.
J. A test and balance including air flows, pressures,
amperage readings and temperatures must be submitted
upon completion of the installation. The test and
balance is to be done by a certified test and balance
company.
3
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2.05 LIGHTING FIXTURES:
A.
Lighting
drawings.
type and
tubes.
fixtures are to be
Fixtures are to be
must contain energy
located as shown on the
2' X 4' four tube lay-in
efficient ballast and
B. Each office area is to be switched to control the
lights in that office area only.
C. The electrical chase on the third floor is to have two
two tube fluorescent strip lights and be switched
independently of the office lighting.
D. The existing eight foot lighting fixtures in the third
floor storage area will be removed and delivered to the
Building and Maintenance Division.
2.06 ELECTRICAL OUTLETS:
A. Outlets are to be installed in the locations marked on
the drawings.
B. The Library Director shall be contacted for placement
of boxes for telephone jacks.
2.07 CARPETING:
A. Commercial grade carpeting and pad are to be installed
in the office areas constructed on the third floor.
B. The Library Director shall choose the color.
C. Carpet should be of the solution dyed nylon loop type
and be a minimum of 26 oz. weight.
2.08 COUNTER:
A. The counter on the second floor as shown on the drawing
shall be made of 5/8" plywood and finished with a
laminated plastic similar to Formica. Color and style
will be chosen by the Library Director.
B. Counter will be at a height so as to comply with
Americans with Disabilities Regulations.
C. Counter shall have finished access holes drilled on the
rear edge to allow access to the electrical outlets
below.
4
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3.01 CITY CONTACTS:
A. Job Site Access:
Arlita Hallam, Library Director - 462-6800 ext. 226
B. Technical Questions:
James Wood, Bldg. & Maint. Superintendent - 462-6610
B. Bid Information:
George McKibben, Purchasing Manager - 462-6860
5
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C I T Y
o F
CLEARWATER
POST OFFICE BOX 4748
C LEA R W ATE R, F LOR IDA 3 4 6 1 8 . 4 7 4 8
August 23, 1994
Re: City of Clearwater Bid # 202-94
Amendment #1
Dear Vendor:
Please find modified specifications as follows:
- All present application plans must be signed by
a qualified architect.
- The second floor proposed floor plan north door entrance
should be changed to open inward towards the electric
closet wall.
- The third floor conference room drop ceiling should be
not extended below the existing windows (Conference Room
Only)
We look forward to your bid response on August 31, 1994 at
11:00 AM. and regret any inconvenience.
Please acknowledge receipt of Amendment #1 on your final
submission.
Sincerely,
.f~/2&~
GeorgE! McKibben
Purchasing Manager
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"EqUi11 Employment and Affirmative Al~llon Ernployor"
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AGENDA
DATE
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Clearwater City Commission
Agenda Cover Memorandum
Item II
Meeting Date:
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SUBJECT:
Waiver Agreement - Alexiou
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RECOMMENDATION/MOTION:
Approve Waiver Agreement to Chapter 33, Article V, Vehicle-Restricted Areas to
Charles Alexiou and Ypapanti Alexiou
~ and that the appropriate officials be authorized to execute same.
BACKGROUND:
The city entered into a Waiver Agreement with Charles Alexiou and Ypapanti
Alexiou, as owners, and West Coast Sailing center, Inc., as business operators,
at 7 Rockaway Street on January 3, 1991.
Charles Alexiou and Ypapanti Alexiou, through their attorney Mr. Kenneth A.
Sunne, Esq., have changed the business operators from West Coast Sailing
Center, Inc. to National Water Sports, Inc. It is not necessary to have the
business operator as an applicant on the Waiver Agreement. This new Waiver
Agreement is assigned to Charles Alexiou and Ypapanti Alexiou only, as property
owners. They will notify the city in writing whenever the business operator is
changed.
~
This Waiver Agreement will delete five (5) sailboards, two (2) manually
propelled aqua cycles and one (1) "sunfish" type sailboat and add one (1)
parasail, propeller driven, launching ramp from the Waiver Agreement issued in
1991.
The operation of rental watercraft from this location has been satisfactory and
insurance requirements, with the city as additional insured, have been
maintained. All other conditions, limitations, restrictions and obligations of
a Waiver Agreement remain in effect with this new Waiver Agreement.
Staff recommends approval of the Waiver Agreement to Charles Alexiou and
Ypapanti Alexiou.
Reviewed by:
Legal
Budget
Purchasing
Risk Hgmt.
CIS
ACM
Other
~.
N/A
!X:
osts: $ N/A
Total
Commission Action:
o Approved
[] Approved w/conditions
[] Deni ed
[] Continued to:
User Dcpt:
$N/A
Current Fiscal Yr.
t~ari ne
Funding Source:
o Capi tal Imp,
o Opl!rating
o Other
A ttschmcnts:
1. Letter from Mr. Kenneth A.
Sunne, Esq.
2. ~aiver Agreement.
[] None
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N/A
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Advertised:
Date: N/A
Paper: N/A
~O Not Rcqui red
Affected Parties
o Notified
t810 Not Rcqui red
Appropriation Code:
Subni tted by:
C. ~a~
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SUNNE & LOCKE. P. A.
MAR 0 21994
ATTORNEYS AT LAW
1151 N E. CLEVELAND STREET
CLEARWATER, FLORIDA 34615
TELEPHONE
18131461.3100
FAX 441.9007
, ' .. I ' .,. '. ",'-, ',' ''''17,
n!",1>fllltl'
KENNETH A 5UNNE
JOliN C LOC:KF.:
fila rch 1, 199),J
Bill Held, Harbor Master
Clearwater Marina
25 Causeway Blvd.
Clearwater, FL 34630
Re: Alexiou Property
Rockaway Grill, Clearwater, FL
Dear Mr. Held:
I am the attorney in fact for Ypapanti and Charles Alexiou, owners
of the property located at 7 Rockaway Street, Clearwater Beach,
Florida. As such, by and through me, the owners have no objection
to allowing National Water Sports to operate the para-sail from
said property.
In the event it is necessary to delete some of the other activities
under the present waiver, in order to allow para-sail to operete,
the owners have no objection to such eliminations.
It is my understanding that the insurance covering these activities
is in place and that we will be covered by said insurance. If I may
be of any other assistance, please do not hesitate to contact me.
Ve~y tj1rUIY y~ourl'
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- Y" It, r.~1fi(e...../
O.J!net ,. A ~nne. Esq.
KAS/mb
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WAIVER AGREEMENT TO CHAPTER 33. ARTICLE V. VEHICLE-RESTRICTED AREAS
THIS WAIVER AGREEMENT, made and entered into this
day of
, 1994, by and between the CITY OF CLEARWATER,
FLORIDA, a municipal corporation, hereinafter referred to as "City"
and Charles Alexiou and Ypapanti Alexiou, a3 ovJner, ~nd Weat Coaot
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6a~ l.ng
Center,
Inc. ,
as
busineo:l
operator,
hcrein~ftcr
collectively c~lled "Applic~nt", "Owners", a-:& 7 Rockaway Street,
Clearwater, Florida 34630. Telephone (813) 791 6988,
..
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WHEREAS, Chapter 33. Article V. Code of Ordinances of the
I
city of Clearwater currently restricts the operation of all vessels
from certain specified waters on Clearwater Beach: and
WHEREAS, said ordinances provide for a waiver from said
restrictions under certain conditions;
WITNESSETH
That in consideration of the covenants contained herein, the
City agrees to a limited waiver of the provisions of Ordinance No.
4960 90 Cha?ter 33. Article V. Code of Ordinances of the city of
Clearwater (Ordinance No.4960-90), as hereinafter described and
enumerated. As a condition of said limited waiver, the Applicant
Owners agrees to faithfully observe, keep and perform the
conditions hereinafter described.
1. Bu::;ine::;8 Operator Owners shall establish and maintain, at
BusinC30 Oper~tor':J its expense, a marked corridor extending from
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the shoreline westward of owner's property to a distance of 300
feet due west of the mean high water line. Said marked corridor
shall be 25 feet in width on the east end, widening to 80 feet in
width on the west end. It is agreed that no other portion of the
restricted swimming area other than the marked corridor may be used
for launching or retrieving watercraft under the control and
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operation of the buoincoo opcrator Owners.
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The corridor shall be visibly marked with buoys conforming to
the uniform state waterway marking systems and defining the marked
corridor.
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2. Within the marked corridor, the bU3inc33 opcrator Owners
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may launch and retrieve watercraft of the types hereinafter
described:
Fivc (5) oailboardo.
Five (5) 16-18 foot catamarans.
Two (2) manually propclled aqua cycles.
Four (4) personal watercraft (wave runners) .
Onc (1) "ounfish" typc 3ailboat.
One (1) parasail, propeller driven, launching craft.
')
3.
Only one mechanically powered watercraft shall operate
~.
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within the corridor at anyone time, except manually powered
watercraft and chase or emergency boats. A drawing of the marked
corridor is attached as Exhibit 1.
4. BuoincGo Operator Owners shall main.tain a safety watch in
the water and warn all swimmers to stay out of the corridor until
watercraft has cleared the area. BU3inecc Opcra~ Owners shall
2
5. The Businc8D Operator Owners shall warn watercraft
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insure that all operators within the marked corridor maintain
watercraft at idle speed, or the minimum slow speed necessary to
maintain control and safe steerage of the watercraft.
operator to yield the right-of-way to any swimmer.
6. 'I'he BuoincoD Operato~ Owners shall insure that all
watercraft meet federal and state safety equipment requirements.
7. l!1he BuoincsD Operat-er Owners shall provide operators
renting watercraft a written form notifying the watercraft
operators of special operating conditions set forth in section
114.765 33.119, Code of Clearwatcr Code of Ordinances of the City
of Clearwater, and of the applicable fine for violating any of the
conditions.
Before permitting rental watercraft to be operated
within the corridor, thc Busincc8 Opcra~ Owners shall have the
operator sign the form, acknowledging that the operator has read
and understands the form and will comply with the special operating
conditions.
8. The Applicant Owners shall purchase and maintain
liability damage insurance for bodily injury and property damage
resulting from the operation of all watercraft, with coverage in
the amount not less than $500,000.00, and with the City named as
additionally insured, and the Applicant owners shall provide the
ci ty clerlc city's Risk Manager with a copy of each insurance policy
or policies and ~ endorsements and amendments thereto obtaining
from an insurance company licensed to conduct business in the state
of Florida.
3
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9.
The Busincoo Operator Owners agrees that watercraft shall
be color coded or otherwise plainly marked sa as to permit the
identification of the ownership of the watercraft from a distance
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of 100 yards, and so as to distinguish the chase or emergency
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watercraft from the other watercraft of the BuoineDD Operator
Owners. The BuoincoG Operator Owners will shall also advise the
Harbormaster, in writing, of the color or identification markers on
their watercraft.
10. The Buoinc8o Operator Owners shall instruct customers to
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stay clear of the pier 60 fishing pier by staying outside the buoys
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marking the artificial reefs.
Watercraft shall be restricted to
the area from pier 60 northward.
11. The Applicant Owners shall not place any structure
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seaward of the coastal construction control line of the ~pplic~nt'o
Owner's property without obtaining required state and city permits.
12. Thc Applic~nt Owners shall not place any watercraft on
the publicly owned beach. Refueling of watercraft shall be done on
private property only.
13. Owners and Business Opcr~tor H~rlc Robinson agree not to
assign or otherwise transfer their rights under the Waiver until
,J
the ncw Applicant such transferee or designee has submitted to the
~.
City Manager a signed statement that EflC nc\t' Applicant such
transferee or designee agrees to be bound by all of the conditions
and requirements of this 6F€l-i-Ail-nee waiver and the above referenced
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ordinance. Reference in this waiver agreement to Owners shall be
deemed to include and pertain to Owners I designated business
4
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operator unless specified otherwise.
14. The provi:.:don:l of Eection 114. 78 (Revocation) rel~tinq to
oix citationG i3Ducd within a fi8c~1 ye~r of the city ohall be
applicable to the Applicant or thcir cmployccD only. ~
pro",:isions of section 114. 78 (1) (b) rel~ting to ninc cit~tiont3
issued within a fiocal yc~r of the city ohall be ~pplic~ble to
customer::; of thc Applicant. The provisions of section 33.121
relating to revocation shall apply with full force and effect to
this waiver.
15. Any and all persons violating the City's ordinance shall
be subject to citations and if found guilty by a competent court of
jurisdiction, shall be subject to the penalties provided in the
ordinance or as imposed by court.
16. The Busine88 O\Jner Owners shall obtain all occupational
licenses required by the code to conduct the activities proposed
under the waiver.
17. All previous waivers and amendments thereto related to
the above described property are hereby revoked and d~clared to be
null and void.
5
IN WITNESS WHEREOF I the undersigned parties have executed this
Agreement this
day of
, 1994, for the purposes
stated herein.
Countersigned:
CITY OF CLEARWATER, FLORIDA
Rita Garvey
Mayor-Commissioner
By:
Elizabeth M. Deptula
city Manager
Approved as to form
and legal sufficiency:
Attest:
Paul Richard Hull
Assistant City Attorney
Cynthia E. Goudeau
City Clerk
WITNESSES:
By:
Kenneth A. Sunne
Power of Attorney for:
Charles and Ypapanti Alexiou
(Owners)
6
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CLEARWATER CITY COMMISSION
Agenda Cover Memorandum
I tern #
Meeting Date
15.
, 0 ,3 . cl tf
SUBJECT: Monitoring Program for Clearwater Pass Bridge
RECOMMENDATION/MOTION: Approve the continuation of the Clearwater Pass Bridge
Monitoring Program with Kisinger, Campo and Associates for twelve ~onths from
October 3, 1994 to September 30, 1995, at a cost of $88,500.00,
~ and that the appropriate officials be authorized to execute same.
BACKGROUND: In June of 1987 when the Clearwater Pass Bridge abruptly settled a
vertical distance of 10", Kisinger, Campo and Assoc. (KCA) were engaged to effect
an immediate emergency repair, and closely monitor the bridge for additional
problems while the City awaited the long-term effort whereby Federal Highway
dollars administered through Florida Dept. of Transportation could be obtained
for a new bridge. New bridge construction is underway and scheduled to be
completed in early 1996.
"
In Nov. 1987, the city approved a multi-year agreement with KCA to design and
implement a bridge monitoring program. This program was renewed for fiscal year
1993/94 in Oct. 1993 and KCA has performed well in the monitoring of the bridge.
KCA also provides monitoring of the bridge on a biannual basis as a part of the
FOOT statewide bridge monitoring program. There is a need to continue the
monitoring program until the old bridge is removed from service by the FDOT
contractor in late 1995. Therefore, Kisinger Campo and Assoc. was requested to
submit a monitoring plan for fiscal year 94/95. This program will provide for
periodic inspection and evaluation of bottom scour, pile embedment and the bridge
structure; continued monthly review and recommendations regarding survey
elevation data; and review of the corrosion control system in the form of
sacrificial anodes which corrode to prot.ect the steel br idge members from
corrosion. The cost of the monitoring program for fiscal year 1993/94 was
$86,000.00. The 1994/95 program provides the same total costs for Survey
Evaluations ($9,000), and Bridge Inspection Evaluation ($12,000) as the 93/94
program. A $20,000 reduction (from $35,000 to $15,000) in total Sacrificial
Anode Evaluation services for the proposed program has been offset by an increase
of $22,500 (from $30,000 to $52,500) in total Bay Bottom Monitoring and
Evaluation services. The additional $22,500.00 in Bay Bottom Monitoring is a
contingency to be used only if needed for three additional diving inspections.
These contingency inspections are added due to the ongoing construction activity
for the new Clearwater Pass Bridge which will create additional hydraulic
turbulence and potential bottom erosion with the new bridge piers during
construction operations and proposed channel dredging.
The available balance in the Clearwater Pass Bridge Monitoring capital
improvement project is sufficient to provide funds for this contract.
Lega l
~'
Costs: $88,500.00
(Current FY) $88,500.00
Commission Action
Reviewed by:
Budget 'C!
Purchasing N/A
User Dept.
Funding Source:
Approved
Approved
w/conditions _____
Denied
Public Works/Engineering
Capt. Imp. X
Risk Mgmt. _tiLA._
Advertised:
Operating
Cont'd to
DIS
NLL-.__
D<lte:
Other
ACM
LJcI}
P<lper:
Appropriation Code(s)
Attachments:
Other'
N/A
, ~;\
, I'
(,
Not required X
315-93479-561300-541-000
Letter and Monitoring Plan
Submitted by:
. ;;; /.f~ -
Cl ~Clnflger
Affected rXH't ies
notified
Not required x
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Mr. William Baker
Director of Public Works
City of Clearwater
P.o. Box 4748
Clearwater, FL 34618
July 6, 1994
It 'Ii: C F rVT~~ D
.1111 ~ 'i~ 19~1~
/'
RE: continuation of Monitoring Plan for the Sand Key Bridge,
Bridge No. 155508 for Fiscal Year 1994/95 (From October 1994
through September 1995)
Dear Mr. Baker:
Enclosed is the monitoring plan proposed for the Sand Key
Bridge. This plan is for one (1) year beginning October 1994 and
continuing through September 1995. We anticipate using the City's
staff and equipment where possible to minimize the cost to the
city. We do not anticipate any anode replacements for the upcoming
year but we feel more interim bay bottom insp'ections may be needed
due to the new bridge construction. So basically, we have moved
anode dollars into bay bottom dollars with the overall total
approximately the same as last year. We are looking forward to
working with your staff on the continuation of this vital project.
If you have any questions please call my office.
.
sincerely,
t' (/
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Ken Reinhold
Director of Inspections
KCR: la
Enel.
Home OmcelP.o. Box: 25261. 'Dunpa, Florida. 336220261
2203 N.IAlIs Arenue' Suite 410 · 'Ilun11lL, FloridJl33607 · 8131871.0931' FAX: 8131871-5135
535 A&8 SooU.YH IAlJIc · 'lWlahassoo, Florida 32303 · 904JS8f).8800 · FAX: 904/386.2298
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CITY OF CLEARWATER
SAND KEY BRIDGE
BRIDGE NO. 155508
MONITORING PROGRAM FROM OCTOBER 1994 THROUGH SEPTEMBER 1995
"\
,
July 6, 1994
Sand Key Bridge
Monitorinq Plan
Table of Contents
Pagels)
Monitoring Plan Review
1 and 2
Cost Estimate Chart
3
~
-
July 6, 1994
SAND KEY BRIDGE
MONITORING PLAN REVIEW
The current monitoring program has worked well for its
original intent of providing adequate warning of impending
settlement and scour. This proposal is for the continuation of
this plan from October 1994 through September 1995.
The following is a brief outline of the continuation of the
plan and the activities involved including the City's
participation:
(A) Bay Bottom Monitoring and Evaluation
1. KCA measure pin to bay bottom every 3 months
beginning in October 1994 thru July 1995.
2. KeA evaluate data obtained with submittal of report
to the City on findings.
3. This monitoring plan includes three (3) additional
interim inspections if needed. These are included
mainly from the effect of new bridge construction
but can also be used if unusual weather conditions
occur such as hurricanes, storms, or unusual tides.
4. Use of City's boat or barge may be necessary.
(B) Bridge Inspection and Evaluation
1. KCA inspect all components in July 1995 (excluding
mechanical and electrical components). This
includes Observing the cap beams deflection at the
crutch bents.
2. KCA evaluate all data obtained and submit a report
to the City on findings.
3. Use of City's barge or boat, may be necessary.
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July 6, 1994
SAND KEY BHIDGE
MONITORING PLAN REVIEW
(C) Sacrificial Anode Evaluation
1. KCA monitor anodes for deterioration in January 1995 and July
1995. This includes checking bolt connections.
2. KCA check steel pile thickness during anode evaluation.
3. Use of city's boat or barge may be necessary.
(D) Survey Data Evaluation
1. city's survey personnel continue to take cap elevations and
joint widths monthly. This includes survey data on center
of crutch beams. Submit data to KCA.
2. KCA review survey data monthly and submit findings to the
city.
3. KCA and City may request more frequent survey monitoring if
conditions warrant it.
4. city will continue enforcing speed and weight restrictions
on this structure.
(E) Additional requests by 'the city not included above will be
negotiated at the time of the request.
-?-
. , ,''''' , ., '. ': I ." \ . " '.", ~.
.
MONITORING PLAN FOR SAND KEY BRIDGE
~
July 6, 1994
Bay' Bottom Bridge Sacrificial
Month and Monitoring & Inspection Anode Survey
Year Evaluation Evaluation Evaluation Evaluation
Oct. 1994 #1 $ 7,500.00 $ $ #1 $ 750.00
Nov. 1994 #2 750.00
Dec. 1994 *7,500.00 #3 750.00
Jan. 1995 #2 7,500.00 #1 7,500.00 #4 750.00
Feb. 1995 #5 750.00
March 1995 *7,500.00 #6 750.00
.'
April 1995 #3 7,500.00 #7 750.00
May 1995 #8 750.00
June 1995 *7,500.00 #9 750.00
July 1995 #4 7,500.00 #1 12,000.00 #2 7,500.00 #10 750.00
August 1995 #ll 750.00
Sept. 1995 #l2 750.00
$ 52,500.00
$ 12,000.00
$ 15,000.00
$ 9,000.00
TOTAL
$ 88,500.00
* Interim bay bottom monitoring if needed. These may occur at any time during the
year.
-1-
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CLEARWATER CITY COMMISSION
Agenda Cover Memorandum
l~.
Meeting Date
Item #
J6. ,3 .<:::[ i
SUBJECT: Bioassay tests for the Water Pollution control Division.
RECOMMENDATION/MOTION: Extend the contract with Marinco Bioassay Laboratory,
sarasota, Florida, for the purchase of bioassay testing from 11/01/94 to
10/31/95, at a cost of $18,600.00, which is the lowest most responsive bid
submitted in accordance with specifications,
au and that the appropriate officials be authorized to execute same.
BACKGROUND:
city Commission approved purchase contract to Marinco Bioassay Laboratory, of
Sarasota, Florida on Nov. 31, 1993 in the amount of $18,600.00. The purpose of
this contract extension is to retain the services of Marinco for bioassay testing
for the City's three treatment facilities for the period of Nov.l, 1994 to Oct.
31, 1995 in the same amount. These tests are required by both the U.S.
Environmental Protection Agency (EPA) and the Florida Department of Environmental
Protection (DEP). Bioassay testing is where living fresh water organisms are
placed in samples of the City's treated effluent and tested for survivability.
The reason for the this regulatory agency requirement is to evaluate the
potential toxicity of the treated effluent discharged from our facilities into
the environment. The EPA and DEP each have a different species list which must
be used in the bioassay testing process. The type of testing is provided by
laboratories which specialize in aquaculture and biologic testing. The process
is so sensitive that many laboratories have difficulty in maintaining species
even before testing is accomplished. Due to the extensive capital plant and
specialized staff required to operate a bioassay testing process, it is not
economically feasible for the City's laboratory to provide this service.
This request for a one year contract extension approval is the first of two such
extensions allowed in the contract general specifications. Marinco Bioassay
Laboratory has provided reliable laboratory analysis and has exceeded our
expectations in management of multiple species survivability. A higher level
of service is not needed. The City has meet regulatory requirements for bioassay
testing to date.
The 1994/95 Water Pollution Control Division - Laboratory Supplies and Chemicals
operating Budget includes sufficient funds for this Contract.
I I
I Reviewed by: I Originating Dept. Costs: $18.600.00 COl1IIIi ss i on Act i on
I I I
I legal N/A I Publ i c \Jorks/\JPC f!/;. (Current FY) $18.600.00 Approved
I I
I Budget r:p: I User Dept. ( Funding Source: Approved
I I
I ( w/conditions
I Purchasing I Capt. Imp.
I 1\ I
'- I Denied
I R i sic Hgmt. N/A I Advert 1 sed: Operating X
I
I Cont1d to
I DIS N/A I Date: Other
I
I
!ACM~ I Paper:
I
I I Appropriation Code(s) Attachments:
I Other ' I
N/A <'~ I Not required X
i" I 421-01352-551000-535-000 letter of Certification
I submitted by: ' , I Affected parties
I I
I Ci~~ --. I not if i ed X
I I
I I
I Not required
I I
1_., I
BIOHST.^GN
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4569 Samuel Street
Sarasota, Florida 34233
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MARINCO
BIOASSAY
LABORATORY
TEL: (813) 925-3594
FAX: (813) 922-3874
r
August 25 I 1994
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Ms. Doreen Spano
City of Clearwater
Water Pollution Control Division
1605 Harbor Drive
Clearwater, FL 34615
Re: Contract Renewal for Bioassay Testing
Dear Ms. Spano:
Marinco Bioassay Laboratory, Inc (MBL) accepts renewal of the bioassay contract with the
City of Clearwater for a one year period (November 1, 1994 through October 31, 1995). All
current prices will remain in effect for the duration of this period.
If you have any questions or require any more information please call me.
de: u~
Jason Weeks
MBL QA Officer
,.
WPc DIVISION
ClJR
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DATE RECEIVED :r/ z"/9 'f
COPIES TO
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Page IV-l
Permit No. FL0021857 ~ )~_
Morsna \\ ~. A\tIT . f\..P
JO, ~1.44
PART IV
Whole Effluent Toxicity Testing Program
As required by Part -I- of this permit, the permittee shall initiate
the series of tests described below beginning ih January 1994, to
evaluate whole effluent toxicity of the discharge from outfall 001.
All test species, procedures and quality assurance criteria used
shall be in accordance with Short-term Methods for Estimatinq the
Chronic Toxicity of Effluents and Receiving Waters to Freshwater
OrQanisms, 'EPA/600/4-89/001, and Methods for Measurinq the Acute
Toxicity of Effluents to Freshwater and Marine Organisms,
EPA/600/4-90/027, or the most current edition(s). The
dilution/control water used will be a moderately hard water as
described in EPA/600/4-90/027, Table 6 (or the most current
edition). A standard reference toxicant quality assurance test shall
be conducted concurrently with each species used in the toxicity
tests and the results submitted with the discharge monitoring report
(DMR). Alternatively, if monthly QA/QC reference toxicant tests are
conducted, these results must be submitted with the DMR.
1. a.
The permittee shall conduct a.daphnid (Ceriodaphnia dubia)
Survival and Reproduction Test and a short-term Fathead
Minnow (Pime?hales promelas) Larval Survival and Growth
Test. These tests shall be conducted using a control (0%
effluent) and one test concentration consisting of 98.0%
effluent (equivalent to the Receiving Water Concentration
(RWC) of the effluent in the receiving water at critical
conditions). Unacceptable chronic toxicity will be
demonstrated if either test results in a no observable
effect concentration (NOEC) less than 98.0% effluent. All
test results shall be statistically analyzed according to
Appendix H, EPA/600/4-89/001, or the roost current edition.
b. For each set of tests conducted, a minimum of three
different 24 -hour composite sampJ.(~s of final effluent shall
be collected and used per the sampling schedule of Section
8.1.4.2, EPA/600/4-89/001 (or the most current edition)_
All test solutions shall be renewed daily. ~f test results
dQ not meet the acceptability criteria of either Section 12,
paragraph 12.1G or Section 10, paragraph 11.11, '. .
EPA/600/4-89/001 (or the most current edition), that test
shall be repeated. A chronic test will be considered valid
only if the acceptability criteria referenced above are metu
c. If 100% mortality occurs in the RWC test ccncentration prior
to the end of the test and control mortality is acceptable
at that time, that test (including the control) shall be
terminated with the conclusion that the sample demonstrates
unacceptable chronic toxicity.
Page IV-2
Permit No. FL0021857
MQi~\1a\\ ~.
2.
The permittee shall also conduct a 48-hour acute static
toxicity test on the daphnid (Ceriodaphnia dubia) and a
96-hour acute static-renewal toxicity test on the fathead
minnow (Pimephales promelas) using a test concentration of
100% effluent. Unacceptable acute toxicity will be
demonstrated if more than 50% lethality of either test
species occurs in the 100% effluent sample prior to the end
of the test.
a.
3.
b. For each set of tests conducted, a ~resh 24-hour composite
sample of final effluent shall be used at Day 1 of both the
daphnid and the fathead minnow tests and at Day 3 of the
fathead minnow test. For the fathead minnow test, feeding
and solution renewal shall be done at 48 hours with a
portion of the original sample that has been kept
refrigerated. If control mortality exceeds 10% for either
species, the test for that species (including the control)
shall be repeated. An acute test will be considered valid
only if control mortality does not exceed 10% for either
species. If 100% mortality occurs prior to the end of the
test, and control mortality is less than 10% at that time,
that test (including the control) shall be terminated with
the conclusion that the sample demonstrates unacceptable
acute toxicity.
The toxicity tests specified above shall be conducted once
every two months until 6 valid bimonthly tests hav~ been
completed, and once every 6 months for the duration of the
permit, unless notified otherwise by EPA. These tests ar~
referred to as "routine" tests.
a.
b. Results from "routine" tests shall be reported according to
EPA/600!4-90/027, section 9, Report Preparation (or the most
current edition), and shall be submitted as an attachment to
the DMR. Such results are to be entered on the DMR in the
following manner:
1. For the acute test results, if less than 50% survival
of a test species occurs, '<100%' should be entered on
the DMR'for that species. If 50% or greater survival
occurs, '>100%' should be entered.
2.
For the chronic test results, if the
species is less than 98.0% effluent,
entered on the DMR for that species.
test species is greater than or equal
effluent, '>98.Q%' should be entered.
be
a
NOEC of a test
'<98.0%' should
If the NOEC of
to 98.0%
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4.
a.
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,
Page IV-3
Permit No. FL0021857
tJ\a.~nQ \\ "5t.
If unacceptable chronic toxicity (a NOEC less than 98.0%
effluent in either test) and/or unacceptable acute toxicity
(greater than 50% lethality of either test species in 100%
effluent) is found in a "routine" test, the permittee shall
conduct two additional toxicity tests 'based on the type of
unacceptable toxicity found (i.e., chronic and/or acute
tests, as appropriate), on the specie(s) indicating
unacceptable toxicity. For each additional test, the sample
collection requirements and test acceptability 'criteria
specified in Section l(b) and/or 2(b) above, as appropriate,
must be met for the test to be considered valid. The first
test shall begin within two weeks of the end of the
"routine" test and the second test shall be conducted two
weeks later. If either or both of these tests are invalid,
additional test(s) are to be conducted every two weeks until
two valid tests are completed (e.g., if the first test is
valid and the second test is not, the permittee shall
continue to conduct tests until one more test is valid).
The additional tests will be used to determine if the
toxic~ty found in the "routinell test is still present.
1. For "routine" tests with unacceptable chronic toxicity,
the permittee shall conduct additional daphnid
(Ceriodaphnia dubia) Survival and Reproduction and/or
short-term, fathead minnow (Pimephales promelas)
Survival and Growth multi-concentration tests, as
appropriate. The tests will be conducted on a control,
100% effluent, and the following % effluent
concentrations: 24.5%, 49.0%, 98.0%, and 99.0%. The
sample collection requirements specified in section
l(b) above, shall be met.
2. For "routine" tests with unacceptable acute toxicity,
the permittee shall conduct additional 48-hour acute
static toxicity tests using the daphnid (Cerioda?hnia
dubia) and/or 96-hour acute static-renewal toxicity
tests using the fathead minnow (Pimephales promelas) on
100% effluent, per EPA/600/4-90/027. Four separate
grab samples shall be collected at evenly-spaced (6-~r)
intervals over a 24-hour period and used in four
separate tests. .
b. Results from additional tests, required due to unacceptable
acute and/or chronic toxicity in the "routine" test, shall
be submitted in a single report prepared according to
EPA!600!4-89/001, section 9, Report Preparation (or the.most
current edition) and submitted within 45 days of completion
of the second additional, valid test.
5. All test must be conducted on final effluent.
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Page IV-l
Permit No. FLOO~1865
EQ~-t O\--d Nort\"'let:1'5t COf"'\b\n~c:L
PART IV
Whole Effluent Toxicity Testing Program
As required by Part -I- of this permit, the permittee shall initiate
the series of tests described below beginning in January 1994, to
evaluate whole effluent toxicity of the discharge from, outfall 001.
All test species, procedures and quality assurance criteria used
shall be In accordance with Methods for Measuring the Acute Toxicity
of Effluents to Freshwater and Marine Organisms, EPA/600/4-90/027,'or
the most current edition. The control water and effluent used will
be adjusted to a salinity of 20 parts per thousand using artificial
sea salts as described in EPA/600/4-90/027, Section 7 (or the most
current edition). In addition, for the inland silverside test,
feeding and solution renewal shall be don~ at 48 hours with a portion
of the original sample that has been kept refrigerated. ' A standard
reference toxicant quality assurance test shall be conducted
concurrently with 'each species used in the toxicity tests and the
results submitted with the discharge monitoring report (DMR).
Alternatiyely, if monthly QA/QC reference toxicant tests are
conducted, these results must be submitted with the DMR.
1.
The permittee shall conduct 48-hour acute static toxicity
tests using the mysid shrimp (Mysidopsis bahia) and 96-hour
acute static-renewal toxicity tests using the inland
silverside (Menidia beryllina). All tests will be
conducted on four separate grab samples collected at
evenly-spaced (6-hr) intervals over a 24-hour period and
used in four separate tests in order to catch any peaks of
toxicity and to account for daily variations in effluent
quality.
a.
b. If control mortality exceeds 10% for either species in any
test, the test{s) .for that species (including the control)
shall be repeated. A test will be considered valid only if
control mortality does not exceed 10% for either species.
If, in any separate grab sample test, 100% mortality occurs
prior to the end of the test, and control mortality is less
than 10% at that time, that test (including the control)
shall be te~winated with the conclusion that the sample
demonstrates unacceptable acute toxicity.
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Page IV-2
Permit No. FL002l865
E..q 'b-t. ~rd Nort\1 ~'0t COMb\ne.cl
2.
The toxicity tests specified above shall be conducted once
every two months until 6 valid bimonthly tests have been
completed, and once every 6 months t~ereafter for the
duration of the permit, unless notified otherwise by EPA.
These tests are referred to as "routine" tests.
a.
b. Results from "routinell tests shall be reported according to
EPA/600/4-90/013, Section 12, Report Preparation (or the
'most current edition), and shall be submitted as an .
'attachment to the DMR. Such results are to be entered on
the DMR in the following manner: if less than 50% survival
of a test species occurs in any of the four separate grab
sample tests, '<100%'.should be entered on the DMR for that
species. If 50% or greater survival occurs in all four
separate grab sample tests, '>lOD%' should be eptered.
3.
a.
If unacceptable acute toxicity (greater than 50% lethality
of either test species in any of the four separate grab
sample tests within the specified time) is found in a
"routine'~ test, the permittee shall conduct three
additional acute toxicity tests on the sPQcie(s) indicating
unacceptable toxicity. For each additional test, the
sample collection requirements and test acceptability
criteria specified in Section 1 above must be met for the
test to be considered valid. The first test shall begin
within two weeks of the end of the "routinell tests, and
shall be conducted weekly thereafter until three
additional, valid tests are completed. The additional
tests will be used to determine if the toxicity found in
the "routine" test is still present.
b. Results from additional tests, required due to unacceptable
acute toxicity in'the "routine" tests, shall be submitted
in a single report prepared according to EPA/600/4-90/027,
Section 12,' Report Preparation (or the most current '
edition) and submitted within 45 days of completion of the
third additional, valid test.
4~ All tests shall be conducted using a control (0% effluent) and
one test concentration of 100% final effluent.
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ATTACHNENT III
PERHITTEE: CITY OF CLEAR\'ll\TER GHS 1D NO.: 40521-10052
M1\.RSHl\.LL-.S~ET PER~'1IT NO. I D052-l86576
9. In order to prov ide the Depar tment ~'i thr ~,asonabi e ~s sura~ce
that the discharge from the outfall does not vlolate thetoxic1ty
~equirements of section ~7-3.05.{l)(d), F.A.C., the permittee
.shall perform the t:01:icity test as specified below und submit the
results to the Department for review: .
a. The permittee ~hall initiate the series of tests oescribedi
below w!thin sixty (60) days of the effective ~ate of tbis perm t
to evaluate wastewater toxic~ty. the permittee shall conduct 96
,hour static renewal acute toxicity screening tests on the test
!=;T1P~~ f('R. 'Ceriodaohn~a dubia anq Pimephales prom:.~as, once every
, ,
two months (bi-manthly) on samples of 100% whole effluent. Sucl\ -
static renewal tests will be conducted on four separate grab "
samples of 100% whole effluent. such static renewal acute
toxicity screening tests will be conpucted on four separate grab
samples of 100% final effluent collected at evenly spaced (6-hour)
intervals over a 24-hour period and used in four' separate acute
toxicity screening tests in order to account: for daily variations
-"in effluent qual~ty. ~
.Once the permittee has demonstrated to the satisfaction of the
Departm~nt that there are no effluent toxicity peaks and no
diurnal toxicity variations resulting in violations, the frequency
'of the above described requirement for bi-monthly testing may be
changed to become once every 6 months thereafter for the duration
of the permit, unless notified otherwise by the Department.
b. If control mortality exceeds 10% of either species in any
test, the testes) for the spe~ies (including the control) shall be
repeated. A test,will be ,considered valid only if control
mortality does not exceed 10% for either species. If, in any
separate grab sample test, 100% mortality occurs priqr to the end
of the test, and control mortality is less than 10% at that time,
that: tesc (including the control) shall be terminated with the
conclusion that the sample demonstrates unacceptable acute
toxicity. '
c. If any such hi-monthly acute toxicity screening test
indicates that 'unacceptable toxicity, (less than 80% survival of
test 'organisms in 100% effluent). is found in any sample of
effluent, additional (definitive-acute static renewal toxicity
testing in'volving the, determination of 96-hour LeSO values with
95% confidence limits will be required. A minimum of three (3)
such 96-hour additional tests are required to be conducted within
30 days from the date that any screening test indicates the
presence of toxicity. Preferably, the first of these additional
tests shall be ini tiated wi thin seven days 'of a' failed screening
test. The second test shall be initiated at lea~t seven (7) days
after completion of the first additional test. such tests shall
be conducted using that test species which exhibited the most
toxic response in the screening tests above, and shall be taken at
the same time of day and day of the week during which the greates t
toxicity was exhibited.
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CLEi\RWATER
SPECIFIC CONDITIONS
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results of each
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toxicity test
with monthly
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r,epo~ts.
and quality assurance criteria used
with Methods for Measuring the Acute
to Freshwater and Marine or anisms,
If the test organisms' spec~fled In Sub-Part
unavailable or unsuitable for Use in the toxicity tests,
appropriate substitutes from the list of recommended test
organisms in the above referenced bioassay manuals may be used.
The
Department
test:. procedures,
accordance
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(a), are
All
shal1 be in
Toxicit
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CITY OF CLEJ\RvlATER Gt'1S I D NO.: 405 2r,tQ0691
EJ\ST PERMIT UO.: D052-l98883
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9. . In 'order "to provide. the be'prirt"mene--'w'l t11 reasonabl1e aosurian1.cte
that:. the discharge from the outf~ll doeD not vlolutc t lC tox c y
requirements of section 17-3.0S.(1)(cJ), F.A.C., t:.l,le permittee
011811 perform the toxicity ~e9t as specified below and Elubmlt. the
rcoulto to the 'Department for reviewl
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a. 'l'he permittee shall' initiate tlle aeries of tests described
b a low \4 i t h i n ,n i x \: y (60) day G 0 f the e f fee t i v c d ate 0 f t his per m i t
\:.0 'evaluate wa.stewater t:qxicity. 'l'he permittee shall conduct 96
hour atatic +enewal acute to~lcity sc~e~ning tests on the.te9~
specie.o, ~er lodaphnia dubla and Pimephules promelas, once every
E,1'f'0 monElls '\o.1-m6trtlf'ryT....bn-.samples ot \l.UU't Whole e t tluent. Such
static renewal' tests will be conducted on four separate grab
snmples of.IOOI whole effluent. Such static renewal acute .
toxicity screening'testq will be cond~cted on four, separate grab
samples of 100% final effluent collected at evenly sp~ced (6-hour)
intervals over a. 24-hour p~rioq an~ used in four sepa'rate ~cute
toxicity screening tests in order to account for daily variations
in effluent., quality.
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. Once the permittee has demonstrated to the sati s,faction of the
Department that there are no effluent toxicity peakG and no
diurnal toxicity variations resulting in violations, the frequency
of ,the above described requirement for bi-mon'thly tCEJting may be
, changed to become once every 6 months thereafter for the duration
of the Eermi t, unless notified other\'l'ise by the Department,.
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'b. If control mortality exceeds 101 of eithei species in any
test, the test.(s) for the species (including the control) shall be
repeated. A~test will be considered valid only if control
mortality does' not exceed 10% for either species. If, in any
separate grab samp~e test, 100% mo~tality occurs prio~ to the end
of the test, and cQntrol mortality is less than lO~ at that time,
t,hat test (including the control) shall be terminated \-lith the
conclusion that the sample demonstrates unacceptable acute
toxicity.
Cu, If any, such bi-monthly acute toxi.city screenlng test..
indicates that unacceptable toxicity (less than 80% ourvival of
test organisms in 100% effluent) is found in any sample of
effluent, additional (definitive-acute static renewal toxicity
testing inVOlving the 'determination of 96-hour LC50 values with
95% confidence li.mits will: be required. ,1\ minimum of three (3)
such 96-hour additional tests are required to be conducted within
30 days from the date that any screenIng test indicates the
presence of toxicity. Preferubly, the firsl:. o'E these "udditlontll
tests shall be initiated within seven days of a failed screenJ.ng
test. 'rhe second test shall be initiated at least seven (7) days
after completion of the first. additional test. Such tests shall
be "conducted using that: test species Hhich exhibited the most
toxic response in the screening tests above, and shall be taken at
the same tlme o( day uncI day of the week during which the greatest
toxic1 ty WuS exhibi tea.
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IERHITTEE
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CITY
EAST
CLEJ\R\^lhTER
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PER~1IT
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SPECIFIC CONDITIONS:
The
Department
405 2t'\006 91
D052-198883
results of each
concurrently
toxicity
with monthly
test shall be submitted to
discharge'monitoring
the
reoorts.
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shall be
To)Cicit
EPh-600 4~8~-013.
(a), are
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the Acute
anisms,
n sub-Par t
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and quality assurance
with l-Iethods for Neusuring
to Fre shwa ter and l-1ar i ne Or
If the teat organisms specified
unavail~ble oc unsuitable for use in the toxicity
app~opriate substitutes from the list of recommended test
in the above referenced bioassay manuals may be
S.
organ~slt\S
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Clearwater City Commission
Agenda Cover Memorandum
Item #
Meeting Date: ____
) '] .
fd.3.qLf
SUBJECT: ANNUAL AIRPARK MOWING CONTRACT
RECOMMENDATION/MOTION: Award a contract to Landscape Management of Tampa,
Florida for mowing the Clearwater Airpark for one year from October 3, 1994 to
September 30, 1995 for approximately 34 mowings at the rate of $500.00 per
mowing and a total cost of approximately $17,000,
I and that the appropriate officials be authorized to execute same.
BACKGROUND:
Landscape Management of Tampa Florida, being the lowest responsible bidder
should be awarded the Clearwater Airpark mowing contract for FY 1994/95 at the
rate of $500.00 per mowing. There are approximately 39 mowable acres at the
airpark. This amounts to approximately $12.82 per acre. The previous annual
contract was for $550 per cutting or approximately $14.10 per acre. Landscape
Management is a comparatively large company that is currently maintaining
Highland Lakes and the Kroger Center. Landscape Management has good references
and the necessary pest control licenses to handle potential threats from
insects such as mole cricket's, fire ants, etc., that could threaten the
vegetation or pose a danger to humans.
The 1994/95 Airpark Coordination Operating Budget includes sufficient funding
for this contract through 9/30/95.
Reviewed by~,
Legal
Budget
Purchasing
Risk Mgmt.
CIS
ACM
Other
~
N/A
~~
N/A
Originating D~t:
Sol id Waste /1\
"If, yvr .. JJ.
Costs:
$17.000.00
Commission Action:
o Approved
o Approved w/conditions
o Deni ed
o Continued to:
Total
User Dept:
Current Fiscal Yr.
Airpark
Flndi ng Source:
o Capi tal Imp.
~ Operating
o Other
Attachments:
Bid Tabulation
Bid Specifications
&baitted by:
. .I{J;Pf
C i Ma~'er
Advertised:
Date:
~ Paper:
~ Not Requi red
Affected Parties
o Notified
l'BI Not Requi red
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Appropriation Code:
010-01325-530400'542-000
o Printed on recycled paper
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FROM:
CIV\. h.lA~
CITY OF CLEARWATER :ifl'?
INTERDEPARTMENTAL CORRESPONDENCE SHEET ". qc L
\O.J 1
'ICt.l'VtD ,
Cyndie Goudeau, City Clerk SEP \ G 1994 ~
Robert M. Brumback, Acting Director of Solid Wasle C'T~~'''~
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TO:
COPIES:
James V. Maglio, Solid Waste Superintendent
Paul H. Nystrom, Controller
Gary A. Johnson, Project Coordinator
SUBJECT: AIRPARK ANNUAL MOWING CONTRACT- AGENDA MEMORANDUM
DATE:
September 15, 1994
Per our telephone conversation, this memorandum is in response to your two questions:
1. Who has the current contract for the Airpark mowing?
Answer: Greenturf Services of Tampa, Florida.
2. How does this rate compare with the contract that Community
Response has for lot clearing?
Answer: The proposed annual contract with Landscape Management of
Tampa, Florida, is for $12.82 per acre. The current contract
that Community Response has for lot clearing is a much
different type of operation and the cost is $35.06 per acre.
If you need any further information, please let me know.
RMB:scm
apkmemow.scm
I. INTRODUCTION.
I: r...
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AIRPARK MOWING SPECIFICATIONS
The Clearwater Executive Airpark is the local aerial point of entry for the Clearwater community. As such,
that facility must present a neat, business park-like appearance which reflects the civic pride in and careful
stewardship of municipal assets demanded by Clearwater's citizenry. Central to that appearance is the
maintenance of the large areas of grass (sod) on the Airpark proper. Such close attention to the physical
appearance of the Airpark is also necessary to the safety of Airpark ground operations. Unkempt,
overgrown areas obscure potential hazards to pedestrians, motor vehicles and aircraft under power. A
reliable, efficient grounds maintenance and mowing operator is thus a key factor in the operation of
Clearwater Airpark.
II. JOB REQUIREMENTS.
A. Primary Scope of the Work. All sod areas on airport proper and the adjoining
Rights-of Way are to be mowed. This includes the areas between the main runway
and the taxiway; areas in and around sod parking areas for aircraft including areas
under and around parked aircraft; the area between the Airpark parking lot and the
ROW on Hercules; runway and taxiway shoulders; and the areas to the west of the
runway now in sod. Areas requiring equipment not normally associated with
"mowing" as a function such as that required for brush, tree, or other heavy
vegetation removal and control shall not be subject to or a part of this contract.
B. Alternate Scope of the Work. The City may, at its election, consider alternate
contract bids providing for no mowing in areas under and around parked aircraft.
Bidders are invited to submit bids on both the primary and alternate scope of the
work. Mowings around aircraft is the only difference between the primary and
alternate scope of the work.
C. Minimum MowinJ]: FreQuencv. The Airpark is to receive a minimum of 34 mowings
for the life of this contract with the number of mowings per month as shown below,
subject to modification by the contract surveillance representative as required.
Montb
Number of Mowinf!s
January
February
March
April
May
June
July
August
September
October
November
December
TOTAL
2
2
3
3
3
4
4
3
3
3
2
2
34 mowings
. . .. . . , .' . , . ,-' '~ ' . . '. " ' ,
~ r...
Airpark Mowing Specifications
Pal!e 2 of 2
D. Minimum Performamce Standards.
1. All grass areas within the Airpark fence are to be mowed and trimmed to
present a clean, neat appearance free of litter, grass clippings, and other debris.
2. Areas near buildings, fences, hangars, hardstands, and other structures are to be
edged or otherwise trimmed. Chemical herbicides such as Roundup may be used
to control the growth of vegetation in areas where edging or trimmine
is not possible or is otherwise impractical and where the use of the herbicide will
not harm the composition, extent, or coverage of the turf. In cases where the City's
authorized contract surveillance representative determines that damage to the turf is
present or likely, the contractor will be asked to cease the use of herbicides and
resume trimming/edging using mechanical means.
3. All clippings, trash, or other debris generated by the contractor's activities shall
be removed by the contractor at his expense.
4. All work shall be carried out under the responsibility of and at the personal
direction of an experienced supervisor.
5. The contractor shall carry out the work with such care and in such a way as to
avoid damage to public and private property.
E. Furnished Equipment and Supplies. The contractor shall warrant possession of
sufficient equipment and trained personnel to perform the work satisfactorily. References
from a minimum of two clients for whom the contractor is or has recently performed work
of a similar scope and nature may be required upon request.
1. The contractor shall furnish all required equipment and personnel.
2. The contractor should be prepared to furnish all materials. The City may, at its
election and in its own best interest, decide to furnish herbicide for this contract to
allow application where needed by the contractor.
III. CONTRACT MANAGEMENT.
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A. Contract Surveillance. The Clearwater Staff Airpark Coordinator shall function as the
contract surveillance representative. As such, that person shall have the overall
responsibility for the delivery of and proper payment for contracted services in the manner
and amount specified herein. The contract surveillance representative shall also be
responsible for the interpretation of the contract in the event of any dispute as to
performance. The Airpark operator on-scene shall monitor the actual delivery of services
under this contract, certify work accomplished as satisfactory, and advise the contract
surveillance representative as to any problems or conditions requiring attention.
~i
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1. Contractor personnel shall take direction only from their supervisor on the job.
Problems in performance shall be referred to the contract surveilliance
representative only, who in turn shall communicate with the contractor himself.
Airpark personnel, patrons, pilots or other members of the general public shall not
attempt to direct, advise, schedule, or otherwise communicate with the contractor's
personnel in the performance of their duties.
2. The contractor maYJ at any time, communicate with the contract surveillance
representative to discuss problems, concerns, and conditions not foreseen and
provided for by the terms of this contract.
. ". . - : ..' - ' , '. ". . .... .'. '. . ,; '. .... ." '. . . .' '.', '. . .... . .... ....'
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AIRPARK MOWING SPECIFICATIONS
Paee 3 of 3
IV. BILLING AND DOCUMENTATION.
~
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A. Documentation. Job (service delivery) tickets shall be used to substantiate and record
the delivery of service under the terms of this contract. Each time the airfield is mowed or
otherwise receives maintenance attention, the contractor shall prepare a service delivery
ticket containing or otherwise setting forth the following information: (1) Date of service
delivery; (2) Nature of service performed; (3) Areas of Airpark receiving service; (4) Name
of on-scene supervisor in charge; (5) Number and names of personnel performing work; (6)
Type and number of pieces of equipment used; (7) Signature of supervisor certifying that
the work was done; (8) Signature of authorized contract monitor (Airpark management.
person) certifying work was done to required performance standard.
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B. Billin~s. Contractor shall submit invoices for work performed on a monthly basis by the
rUth working day of the month following the period during which the work was performed.
1. Invoices shall have attached the service delivery Gob) tickets applicable to each
mowing for the period covered by the invoice. Payment shall not be made for
service for which there is no job ticket.
2. Partial payments may be made on invoices for those mowings for which job
tickets are available. A pen and ink notation to this effect initialed by the contract
surveillance representative on the invoice shall authorize such partial payment.
V. INSURANCE AND PERMITS.
A. Insurance. The contractor shall possess, show proof of, and keep current the necessary
insurance coverages as required by the City of Clearwater.
B. Permits and Licenses. Contractor shall procure and show proof that he has all necessary
licenses and permits to accomplish work under the terms of this contract and shall keep
same current.
. '". ~ 4.' .'. " ,: ' 1 t I lJ '. ,',', ' " , ' 4 '- ',' ~" ~: ' 1'--' '. , . ,J
Item #
Clearwater City Commission
Agenda Cover Memorandum
/8.
Meeting Date: 10/03/94
SUBJECT:
35MM MICROFILM SERVICES
RECOMMENDATION/MOTION:
Award a 5 year contract to Micro Image, Inc., Tampa, Florida, to provide 35MM
micrographic services for the period 10/4/94 through 10/3/99 per Bid No. 216-94
at an estimated cost of $10,000.00 for 94/95 budget year being the lowest and
most responsive bid submitted in accordance with the specifications,
~ and that the appropriate officials be authorized to execute same.
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BACKGROUND:
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The contract of our present vendor, Micro Image, Inc. expired 9/30/94. They
have performed this service for us since 1/4/91, availing themselves of the
three annual renewals allowed under that bid. They provided high quality
service in a highly satisfactory manner.
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Bids were received from 3 vendors. Bids were analyzed by taking actual volumes
from previous billings and multiplying those figures by the bid figures for
each item. Micro Image was the overall low bidder and we recommend award to
them.
,
;~
Subsequent annual renewals will be based on funds appropriated by the
Commission in the annual budget. The bid provides an option to adjust contract
prices annually in an amount not to exceed the Bureau of Labor Statistics
Consumer Price Index total (C.P.I.) for the twelve lTIonths preceding the
contract anniversary date.
The estimated cost for the 94/95 Budget year is $7,000.00 less than what was
budgeted in 93/94 due to the fact that the backlog has been reduced.
Funding for this expenditure has been requested in the 94/95 Budget.
Reviewed by:
Legal
Budget
Purchasing
Ri sk Mgmt.
CIS
ACM
Other
N/A
~
N/A
N/A
N/A
Originating Dept: ~~
City Clerk ~)
Costs:
$ 10,000.00
Total
Commission Action:
o Approved
o Approved wlcondi t ions
o Denied
o Continued to:
User Dept:
$ 10.000.00
Current Fiscal Yr.
Various
Funding SOUl'ce:
o Capital Imp.
~ Operoti n9
o other
Attachments:
Bid Tabulation for Bid 216-94
..-. i
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Advertised:
Date: 8/26/94 & 9/2/94
Paper: Tampa Tribune & Pin.
Co. Review
o Not Requi red
Affected Parties
o Not i f i ed
~ Not Requi red
o None
Submitted by:
Citiat:
Appropriation Code:
010.09700-530300-513-000
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ANALYSIS OF BIDS FOR 35MM MICROFILM SERVICES
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BID ITEM VOLUME SOUTHERN MICROFILE, MICRO
USED TO MICROFILM INC. IMAGE,
CALCULATE INC.
1 . 35MM Image 8901 3,070.85 3,097.55 1,780.20
2 . Jacket 1567 289.90 532.78 626.80
3 . Dup. Roll 18 305.46 269.64 270.00
4 . Dup. Fiche 3134 642.47 689.48 783.50
5 . Sorting 4 hrs. 21.00 34.00
6 . Indexing 649 113.51 55.17 64.90
7 . Doc. Prep. N/A
8 . Destruction N/A
TOTAL $4,422.19 $4,665.62 $3,559.40
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AGENDA
DATE
iTEM # :L.()
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Clearwater City Commi~on
Agenda Cover Memorandum
1 t_ i#
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SUBJECT:
DRY CLEANXNG / LAUNDRY / ALTERA~XON SERVICES
RECOMMENDATION/MOTION:
Award a contract to North Hercules Cleaners, clearwater, Florida, for dry
cleaning, laundry, and alteration services for the period October 15, 1994
through October 14, 1995, for the Police and Fire Departments, at an estimated
~ost of $16,500.00, being the lowest most responsive and responsible bid
submitted
~ and tnat the appropriate officials be authorized to execute S~_
BACKGROUND:
The city provides dry cleaning, laundry, and alteration services for the
uniforms of Police and Fire Department personnel who are in constant contact
with the general public. The contractor provides twice weekly pick-up and
delivery service to various city locations.
This vendor was awarded the previous contract and has provided acceptable
service for the last three years. Although there were some cases of damage to
some delicate articles of clothing during the previous contract period, the
vendor always responded in a timely and responsive manner by settling all
claims. Pick up and delivery services have always been performed in a timely
manner, and the vendor's representative has always been cooperative and
courteous.
~
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The 1994/95 Police and Fire Departments proposed Operating Budgets include
sufficient funding for this contract.
~
Reviewed by:
Legal
Budget
Purchasing
R i sic HglRt.
CIS ~
ACM
Other Fire Dept. '
N/A
~
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$ 16.500.00
Total
ec..iasion Action:
[J Approved
o Approved w/ cond it i ons
[J Denied
[J Continued to:
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Current Fiscal Yr.
Uaer Dept:
POLICE/FIRE _,
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FUldi I1G Source:
o Capi tal I~.
e Operating
o Other
Attacn.enta:
SlbIi tted by:
eit an~
Advertised:
Date: 7/22/94 & 7/29/94
Paper: Pinellas County Review
0- & T~ Tribune
o Not Required
Affected Parties
iii Notified
o Not Requi red
Appropr iat i on Code:
010-01145.547000-521-000 &
the Fire Dept.'s various 470
codes
Bid ~1e9.94 .
Tabulation/Summary Sheet
o None
....
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FOR COMMISSION MEETING
APPOINTMENT WORKSHEET
October 3, 1994 APPOINTMENTS Agenda It ::<. ]
BOARD: Marine Advisory Board
TERM: 4 years (effective 11/18/93)
APPOINTED BY: City Commission
FINANCIAL DISCLOSURE: Not Required
RESIDENCY REQUIREMENT:City of Clearwater
SPECIAL QUALIFICATIONS: None
MEMBERS: 7
CHAIRPERSON: Bill Stephan
MEETING DATES: 2nd Tuesday, 8:00 a.m.
PLACE: Marina
APPTS. NEEDED: 1
DATE APPTS TO BE MADE: 10/3/94
THE FOLLOWING ADVISORY BOARD MEMBER(S) HAVE TERMS WHICH EXPIRE AND NOW REQUIRE
EITHER REAPPOINTMENT FOR A NEW TERM OR REPLACEMENT BY A NEW APPOINTEE.
Name-Address
Date of Original
Appointment
Attendance
Record
Interest in
reappointment
1. Richard Twining
441 Palm Island SE, 34630
(term ends 10/31/94)
1991
past 12 mtgs
present all
NO
THE FOLLOWING NAMES ARE BEING SUBMITTED FOR CONSIDERATION TO FILL THE ABOVE
VACANCIES:
Name-Address Submitted Bv
Comments-Related Experience, Etc.
1. Ernie Cline self
2074 Sunset Point Rd., 34625
Self-employed, building contractor
2. Daniel Kensak self
1861 Overbrook Ave., 34615
Self-employed, maintenance
3. Nicholas Matsis self/via Thomas
736 Island Way, #305, 34630
employed w/Kemper Securities, Inc.
4. Edward O'Brien, Jr. self
3376 Ferncliff Ln
Self-employed, rehabilitation provider
5. David Smith self
1209 Alameda Ave., 34619
Pres/Owner FL Video Systems
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FOR COMMISSION MEETING October 3. 1994 APPOINTMENTS Agenda # _ ~
APPOINTMENT WORKSHEET
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BOARD: Municipal Code Enforcement Board MEMBERS: 7
TERM: 3 years CHAIR: Stephen Swanberg
APPOINTED BY: City Commission MEETING DATES: 2nd & 4th
FINANCIAL DISCLOSURE: Required Wednesdays, 3:00 p.m.
RESIDENCY REQUIREMENT: City of Clearwater APPTS. NEEDED: 3
SPECIAL QUALIFICATIONS: "Whenever possible DATE APPTS. TO BE MADE: 10/3/94
this Board shall include an architect, engineer, businessman,
general contractor, sub-contractor and a realtor."
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THE FOLLOWlf\lG ADVISORY BOARD MEMBER(S) HAVE TERMS WHICH EXPIRE AND NOW
REQUIRE EITHER REAPPOINTMENT FOR A NEW TERM OR REPLACEMENT BY A NEW
APPOINTEE.
Name-Address
Date of Original
Appointment
Attendance
Record
Interest in
reappointment
1. Peg Rogers
1472 Rosetree Ct., 34624
Pharmacist & Storeowner
1 993 to finish term
YES
past 14 mtgs
present 11 /absent 3
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2. Louise Riley 1990 to finish term/own 1 st apptmt 1991
1620 Drew St., 34615 past 14 mtgs
Businessperson present 13/absent 1
YES
3. Stephen Swanberg
31 21 Bordeaux Ln, 3461 9
Architect
~ 991
YES
past 14 mtgs
present 12/absent 2
all the above have a term ending 10/31/94 - NOTE: this board has 3 year terms
THE FOLLOWING NAMES ARE BEING SUBMITTED FOR CONSIDERATION TO FILL THE
ABOVE VACANCIES:
Name-Address
Comments-Related Experience. Etc.
1 . Ernie Cline
2074 Sunset Pt. Rd., 34625
Self-employed/building contractor
2. Helen Kerwin
1173A Granada St., 34615
Retired Dept.Mgr. - Singer Co.
3. James Madden
51 Island Way, 34630
Retired Deputy City Clerk
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4. William Plouffe
200 Skiff Pt., Apt 2, 34630
Past Economic Dev. Director
Past General Manager/Treasurer
5. H. Virginia Robinson
1005 Amble Ln., 34615
Nurse, Red Cross Volunteer
6. William Weller
223 S.Venus Ave.,34615
Administration representative w /Morton Plant
. " .~ ,,~,' " ." I' , ,'" , ,',' ..,' ',' , . ~ ,... :.~ .. .' ':.: . ' .. .'. 'W', "
APPOINTMENT WORKSHEET
~3
Agenda #_
FOR COMMISSION MEETING October 3, 1994 APPOINTMENTS
* REVISED
BOARD: Environmental Advisorv Board
TERM: 4 years (staggered at creation)
APPOINTED BY: City Commission
RESIDENCY REQUIREMENT: City of Clearwater
FINANCIAL DISCLOSURE: Not Required
STAFF LIAISON: P.W./Env./x6747
MEMBERS: 10
CHAIRPERSON:
MEETING DATES:
APPTS. NEEDED: 10
DATE APPTS. TO BE MADE: 10/3/94
THE FOllOWING ADVISORY BOARD MEMBER(S) HAVE TERMS WHICH EXPIRE AND NOW
REQUIRE EITHER REAPPOINTMENT FOR A NEW TERM OR REPLACEMENT BY A NEW
APPOINTEE.
Name-Address
Date of Original
Appointment
Attendance Interest in
Record reappointment
CREATION OF BOARD:
3 members to be appointed for a 4 year term
3 members to be appointed for a 3 year term
2 members to be appointed for a 2 year term
2 members to be appointed for a 1 year term
THE FOllOWING NAMES ARE BEING SUBMITTED FOR CONSIDERATION TO FILL THE ABOVE
VACANCIES:
Name-Address Comments-Related Experience, Etc.
1. Bernard Ferrell Pharmacist
2717 Foxfire Ct., 34621
2. Joseph Gayda Retired financial officer
3186 Eagles landing Cir.,W.,34621
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3. Jinene Harvey
341 McMullen Booth Rd S
Bldg 13 Unit 145 34619
Medical Technologist
4. Diane Ingram
1016 Woodside Ave., 34616
T eac her's Assistant
5. Eileen Jacobs
2007 Ripon Dr. 34624
Teacher
6. John Jenkins
1146 Alma St., 34616
Retired Railroad porter
7. Marion Kulaas (Sonnie)
9 Turner St., Unit 1 3,34616
former Office Manager
Continued
EAB Volunteer List Continued
1)3
8. Bernard Panush
19029 US19N, #1-18,34624
Past member Library Board
9. Peter Reuter
1950 Sandra Dr., 34624
Past member of this board
(Nunamaker)
10. Alan Smith
1944 Harding St., 34625
Retired City Employee
11. Early Sorenson
517 Bayview Ave.,34619
Civil Engineer
* 12. Allan Stowell
2873 Thornton Rd., 34619
Property Manager
members ending service as the EAC are:
Anne Garris
George D. Davis III
Harold W. Hunt
Mike Foley
Jill Melkonian
Lisa Lanza
Ina Sharpe
Brian Morris
Jack Moss
Whitney Gray
All the above have expressed interest in appointment to the Environmental Advisory Board.
Mr. Morris will be moving out of Clearwater in a year.
Ms. Sharpe has stated that after December, her work schedule will be more flexible enabling her
to attend meetings regularly if appointed.
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CITY OF CLEARWATER
Application for Advisory Boards
(must be Clearwater resident)
.~
RECEIVED
S E P 2 9 1994
CITY CLERK DEPT.
Name
fi t.l It).) J"' II n'H:S S 70 to E t L
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Home Address:
Office Address:
:<873 T)-/O~)JToU RO'fJD
(]1.ERf6WfrrER.. I Fl.. ZIP: 3J.f~9
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ZIP:
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Telephone
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Telephone
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How Long a resident of the City of Clearwater? _
?Ito)O~7Y />?RIV;;G6~
Occupation Sczf I:?H7PJ.OYGJ) Employer
SE(.~ GmPM YF.,P
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Field of Education: Other Work Experience:
al1t.')U'Q 7.;9 ~ ;r PA.NJI~~.P7'./ o-f (/II&GI JI#1
"U:ro~y) ~1';9~ .L/l10) t!"Tc...
'&J.EC7~)M~ eOJ./7/tt9C.~/l- /~ Y5/14f W.;9'J"N'/H~~
~ i& .Y. Co.'..I~
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()
/14-1!'KA/T ~LtJGy'1 ETC-
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If retired, former occupation
Community Activites:-Z" fr'?PE 7R~E4"p :S7;.e~AAS .:zMTErl~ 1.4" L!/7'{ GVt::"~1VP75Vf
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Other Interests: B1?.IJ7//VG - f>7At/l(!OLt;G"'-
Board Service (current and past)
Board Preference:
Nallle
ENV/RONfYJEIJTIfL. /fDv/SoI2.Y J3011r2D
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Date: .r;:J!!!~. 2 ~ /9tf(
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Please see attached list for Boards that require Financial Disclosure. PLEASE RETURN THIS
FORM TO: City Clerk's Department P.O, Box 4748 Clearwater, FL 34618
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TO: QaIV.Y
page 1 011
./UL ::. ~ 3
TO: Mayor Rita Garvey
FROM: Lisa Lanza
DATE: October 1, 1994
Rita, tomorrow you will appoint members to the new Clearwater Environment Board. I hope
that you will consider the applicant's academic credentials or volunteer activities in the area of
environmental protection.
I understand that George Davis was your appointee. As a member of the EAC I have been very
unhappy with George's complete lack of scientific education or hands on volunteer activities in
environmental issues.
George's attendance record has been dismal. As chainnan, he has missed the last three EAC
meetings.
Tho fact that ho wac appointod chairman wac a complato f1uko. Mike Foloy and I mi!:cod tho
1993 election meeting because the meeting date was changed to accommodate Flag Day.
"."""7
Our current chairman has insulted both Brian Morris~ and myself on more than one occasion.
Recently, he accused me of violating the sunshine rule because Mike Quillen, Early Sorenson
and I met for a fact finding session on incorporation of the SWIFTMUD xeriscape ordinance into
the Clearwater landscape ordinance.
This accusation was nothing more than harassment. The members of the EAC and Tom Miller
were cognizant of my meeting with Mike and Early. No one questioned our right to meet on
this "fact finding mission". Every one of the task force members, including George, has met 3S
a single member of the EAC with staff or members of the community.
I hope that tomorrow you will review the applications of ' those who wish to be como members of
the Environmental Board. I hope that you will appoint someone who has either academic
credentials or proven volunteer Vlork in the community in the area of environmental protection.
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CITY OF CLEARVt'ATER
I nt crd cpartnlcnta I Corrcspol1 dcnce
(o,3,Qtj
TO:
Betty Deplyla, City Manager
L/~~
Will iam C. Baker, Assistant City Manager
FROl\1:
COPIES:
Mayor and City Commission
Kathy S. Rice, Deputy City Manager
Earl Barrett, Real Estate Services Manager
SUBJECT:
Chamber of Commerce Property
DATE:
August 2, 1994
In accordance with instructions received from the City Commission, we engaged Candler-Sawyer and
Associates, lne of St. Petersburg to conduct a property appraisal of the Chamber of Commerce property.
The result of the appraisal indicates the property to have a market value (subject to certain limiting
conditioru;) of $445,000. The appraiser concludes that the land value is $200,000 and the building
improvement is $245,000 for the total $445,000 figure. The limiting conditions, of course, is the reverter
which says that should the Chamber ever stop using the property for Chamber purposes, the property
revertl\ to the City of Clearwater. 'This appears to preclude the sale of the property by the Chamber to
anyone other than the City of Clearwater. An earlier appraisal conducted by the Chamber concluded that
the property was worth $385,000. TIlat appraisal had the land at $220,000 and the building at $165,00.
In a conference today with Pete Woodham of the Chamber it was learned that none of the various
alternative forms of this deal which have been offered as options for consideration are acceptable to the
Chamber and that they seek only to sell the property for an amount near $385,000 or remain on the
property.
A logical approach in light of the reverter would be to consider the building as the Chamber's only equity
in the property and to offer the Chamber some value for the building. \Vhil e this is a logical approach,
it does not recognize the Chamber's option to make improvements to the building and to continue to
occupy the property. If one bel ieves, as I do, that the current situation offers our best likelihood for
regaining the property (and assuming that one desires to regain the 'property), then we must offer the
Chamber an amount sufiicient to give up the property and not opt to improve and remain.
It is still my recommendation that we offer the Chamber $250,000 and await their response.
\VCB/kd
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Printed on Recycled Paper
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SUMMARY OF IMPORTANT FACTS
AND CONCLUSION? ~ C\
ProDer~y TYQ~:
.
Chamber of Commerce office building.
Location:
Southwest corner of North Osceola Ave. and Drew st.
Owner of Hecord:
Clearwater Chamber of Commerce.
sit e In::..Q.Q. :
20,'000 sq. ft. -
2,293 sq. ft. -
22,293 sq. ft. -
Owned in fee simple.
Easement from City of Clearwater.
Total.
!mprovemeDt~/Area:
7,675 - Gross leasable area.
925 - Unfinished storage area.
~25 - Unusable (Ale chase, etc.).
8,725 - Total
Zoning: Clearwater, DCeB), Urban Center, Bayfront District.
Assessed Value:
1993, $445,000.
Hiqhest and Best Use - As Vacan~: The appraiser has provided,
based on preliminary analysis, an opinion of those uses which have
a reasonable probapility of being the property's highest and best
use. These potential uses xor highest and best use are considered
to be: business, professional" or governmental offices.
Highest and Best Use - As Improved: The Gubj ect improvements
represent a reasonable use, rather than the highest and best use,
of the property, as imp~~ved.
Value Indications by:
Cost Approach:
$499,000
Market Approach:
$447,000
Income Approach
-Direct Capitalization:
-Discounted Cash Flow:,
$443;000
$435,000
Conclusion of Value:
Land
Improvements
$200,000
245,000
Total
$445,000
Estimated Marketinq Time:
12 months.
Date of Value:
June 10, 1994.
Date of Last Inspection:
June 10, 1994.
1
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RECEnTED
AUG 2 2 1994
City Manager
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CITY OF CLEAAWATER
Interdepartmental Corresponde:n6e :SheJ~:
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Miles Lance,
..
10
Betty Deptula, City Manager
FROM:
H. Michael Laursen, 1-1 u man Resources Director::!i.
COPIES:
Civil Service Board; Kathy Rice, Deputy City Mana
Assistant City Allorney
SUBJECf: Discuss i 011 of Processes for A ppoi n tment of Hearing Officers Under Ci vii
Service Ordinance
DATE:
August 19, 1994
The Civil Service Board, at its meeting of August 9, 1994, discussed the current method
for employee appeals under the ci vi I service grievance process. These are appeals
by employees relating to discipline that has been imposed upon them by the City.
Specifically, the Board expressed concern as to the length of time involved to
complete the appeal process using State I-Iearing Officers. This is an issue that you,
Kathy Rice, and 1 discussed several weeks ago. Timeliness in effecting discipline, as
well as timeliness in an appeal process where discipline has been imposed, are
important issues to both the City and employees.
With the support of the City Manager's Office, we have continued to improve our
timeliness in InItIating, reviewing, and imposing discipline. We have an established
goal of reviewing departmental recommendations for disciplinary action and
submitting these to the City Manager within a five-day period 80% of the time. This
goal has been met the last two years, and we continue to make inroads in speeding up
the timeliness of departmental submittals of proposed discipline.
However, the employee appeal proce:,s of discipline has not been timely. One recent
termination case which was appealed involved almost a year from the date of
termination to the date of a final order in the case. This case was unique in that one
component of the delay was due to the retirement of an assigned State Hearing
Officer, requiring the case to be reassigned. This reassignment contributed
significantly to the time. Another recent and typical case involved a three-day
suspension which was effected on J unuary 26, 1994. This case was not heard by a
Hearing Officer until June '17, 1994; the Hearing Officer submitted a Recommended
Order on July 29, ] 994; and the Civil Service Board ruled on the case on August 9, 1994.
The appeal process, under the Civil Service Rules, has time constraints on the initial
steps which moves the process along. An employee has ten days to submit an appeal
to the City Manager; the City Manager has ten days in which to respond~ and the
employee then has ten days to reg ues t fu rther appeal. This fu rther appeal has
involved the State Hearing Officer. At this point in the process, there are no ti me
limits. When the State assigns a Hearing Officer, that Officer contacts the employee
and the City representative to schedule a hearing. Since Hearing Officer's are
continually i nvol ved in heari ngs of all types for many agencies, a con venient ti me
must be arranged for the three parlics-em ployee, City, and Hearing Officer. It is
,.
Betty Deptula, City Manager
Page 2
August 19, 1994
~q h
during the period of time from an employee's request for a Hearing Officer until a
final decision is nwde that the process becomes too lengthy.
Because of the length of time involved in this process, the Civil Service Board is
seeking to expedite the appeal process.
The Board discussed Section 2.285 of Division 2 of the Code of Ordinances (Civil Service
Administration) and proposes that consideration be given to utilizing the alternate
process contained in the Code that allows the Board to appoint a Hearing Officer. As
you know, the cited section provides as follows:
"(1) there shall be a hearing officer appointed by the civil serVIce board from
a list of not less than five names established by the city commission for such
purpose. In establishing a list for the hearing officer position, the city
commission shall utilize qualification standards similar to those used by the
state division of administrative hearings. The city commission shall have th e
authority where permitted by statute to contract with the state division of
administrative hearings to provide a hearing officer. The city manager shall
not participate in any manner in the establishment of the test for the position
of hearing officer or in the selection of a hearing officer once the test has
been created."
The qualification req ui re men ts
that the employee must be an
experience as an attorney.
for the state division of administrative hearings are
attorney and have a specified number of years of
Miles Lance, Assistant City Attorney, suggested to the Board that many local area
attorneys might well be interested in serving as n Hearing Officer as a means of
providing pro bono services that are expected in the legal profession. Such
attorneys might submit their names to the City Commission which could be the basis
of a list to be provided to the Civil Service Board. Such persons might well be able to
quickly schedule a hearing for basic employee appeals of disciplinary action and,
thus, speed up the process which would benefit both the employee and the City.
The Board is interested in the view of the City ~1anager and the City Commission on
utilizing such a process.
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MEMORANDUM
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FROM:
Conmlissioner Deegan ~
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PRES?
Date 'SEP 0 9 1994
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TO:
Betty Deptula, City Manager
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COPIES:
Mayor, COlnnlissioners
SUBJECT:
Training Progranl Discussed in Mr. Ferri's Menlo
of September 5
DATE:
September 9, 1994
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I appreciate that Mr. Ferri's merno was in response to one from Commissioner Thomas,
but I would like to add my two cents at this time.
The activities described by 1\11'. Ferri, both past and anticipated, would seem to involve
at least 8 llours of staff tinIe. If this is under YO\lr direction, that's great. If it is in
response to Commissioner Thomas' memo, that's not so great until we all have had a
chance to discuss the topic.
Regardless of either of the above, as I understand what Mr. Ferri has described, this
would appear to me to be one of those things that sOInetimes gets carried quite far along
without any opportunity for the Comnlission to discuss the same, due to the Sunshine
Law, until we are just about presented with a fait accompli. "'ith respect to this
particular project, there are SOIlle questions I would have, perhaps not quite aptly
described as concerns )'ct, but wllich might beconle a concern, such as - is the City
about to set up a corporation in competition with the private sector?
Please agenda this HelD for discussion at the earliest possible time so that we can all
have some input into the direction staff is going on this itenl.
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Thank you for your enlightenment.
. _ ~UG 30 '94 03: 49PM
City Commission
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, : " \,'1/;/::/ P.O. BOX 4748
\' '7/ CLEARWATER. FLORIDA 34618-4748
/ l\mMORANDUM
TO:
Betty Deptula, City Manager
RECEIVED
AUG j 0 1994
City Manager
FROM:
Fred A. Thomas, Commissioner
DATE: August 30, 1994
SUBJECT: Training/Redevelopment
COPIES: Mayor, Commissioners
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We have many departments in the City, as well as available to us through the State and Federal
Governments for training and redevelopment. They are widely disbursed. One of the programs
that comes from none of those agencies I like very much. That is the private sector Habitat
Program, where this non-profit organization builds homes on donated land, where the individual
homeowner participates in building the home with other people.
We have an opportunity in this City to create our own Habitat Program. We have been clearing
a lot of decayed, abandoned, unlivable buildings from our landscape - Something which 1
aggressively pursued and am very proud to see the City accomplish. We are establishing a wide
variety of vacant lots in our City where these properties used to stand. We have an In-Fill
House Program, but all we accomplish there is getting one person into a home - we don't
accomplish any training.
One of the problems I see in the Greenwood area is the lack of hope, or the despair of people
not being able to get ajob. We have many people that want jobs, worthwhile jobs, but there
doesn't seem a way for these jobs to get to these individuals. Please develop, amongst your
staff, a program that combines the best features of the "Habitat PJogram" t along with the
Pine1las Vo-Tech Training Program, where we can take young poople, 21 years old to 30 years
old, and teach them the vocational skills necessary to build a house.
By combining the educational system of the County, along with the City Building Department,
we can take City employees that head up each of the skills necessary for training in conjunction
with the Pinel1as V 0- Tech Institute and put tOgether a group of young people and bave them
trained to build one house. That house would then go up for sale in our "In-Fill Program". The
profits from building that house and the In-Fill Program pay the salaries of those young people
at the minimum wage level, and at the same time they are learning skills that are saleable in the
public sector.
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AUG 30 '94 03:50PM
P.2
Training/Redevelopment
August 30, 1994
Page Two
If we can train enough people to successfully build one house, they can build a second house and
as they finish the second house, we can be training another crew to build a third house. This
way, instead of just having the private sector build the In-Pill houses at a profit for the
contractor, we combine our In-Fill Housing Progr,m dollars with the training program of our
people that are without work. 'That way we kill two birds with one stone. We give hope to the
people that need work and we give hope to the people that need houses, and we put the two
groups of people together.
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I would 1ilc.e you to do some research on this idea to see what various agencies within the City,
County, State and Federal Governments can be combined to accomplish this goal.
Please agenda it when you feel you have some facts. Thank you,
PAT/sr
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OF CLEARWATER
Interdepartmental Correspondence
TO:
FROM:
Alan J. Ferri, Director Economic Development
SUBJECT: Memo from Commissioner Thomas Dated 8/30/94
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PRESS
Date .SEF 0 6 m94
CITY CU=hi\
COPIES: K. Rice, Deputy City Manager
D. Vincent, Director CHA
DATE: September 5, 1994
My office and Ms. Vincent's are working on developing the training program Commissioner
Thomas suggested.. Our intent is to create a not-for-profit construction corporation that
will employ and train residents of the Housing Authority and targeted neighborhoods in the
City. We anticipate this new corporation will contract for work through both the In-Fill
housing program and development activities of the Housing Authority.
Last week Ms. Vincent and I 'I16t with representatives from the State Department of Labor
Employment Training Division and Pinellas Technical Education Center (PTEC). We
discussed apprenticeship training available from PTEC and the State. The representatives
expressed strong interest in our proposal. We will be holding additional meetings on this
project in the future. I will keep you informed on our progress.
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CITY OF CLEARWATER
Interdepartmental Correspondence
TO:
Elizabeth M. Deptula, City Manager
Kathy S. Rice, Deputy City Manager
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PRES:::
Alan J. Ferri, Economic Development Director
\; Date &EP 2 8 1994
Commissioner Deegan '5 Memo dated September 9, 1994 CITY CU:l1t\
FROM:
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September 28, 1994
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Section 3 of the Housing and Urban Development Act of 1968 requires the City of
Clearwater and the Clearwater Housing Authority (CHA) to insure "to the greatest extent
feasible" that jobs and other economic opportunities generated by assistance from the U.
S. Department of Housing and Urban Development (HUD) are directed to low and very low
income persons. On June 30, 1994 HUD issued new regulations to carry out the
guidelines of Section 3. The actions I reported in my response to Commissioner Thomas
went back to June of this year when those new regulations were issued.
I am exploring the possibility with the CHA to create ,a nonprofit corporation to provide job
training, employment experience, and construction services. Many construction
contractors used by the City and the CHA are small businesses working on small contracts.
Very few of our construction contracts exceed $100,000. When they do hire local
residents to work on their contracts, the employment terms are usually short. Few persons
hired gain meaningful work experience or opportunity for career development. A
construction services corporation could meet the labor needs for these small contractors
and improve our ability to provide employment opportunities.
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CITY OF CLEARWATER
Interdepartmental Correspondence
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FROM:
Elizabeth Deptula, City Manager
Cynthia E. Goudeau, City Clerk'~
SUBJECT:
Advisory Board Annual Report Format
DATE:
September 13, 1994
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Attached IS my recommended format for advisory board annual reports to the City
Commission.
This is meant to be a generic guideline to be used in preparing the presentations.
If approved I will prepare a cover letter for your signature which will be sent to the Chairs
as they are scheduled to give their reports. I will also make sure the department directors receive
a copy of the format.
If you want any changes or need additional information, please let me know.
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FORMAT FOR ADVISORY BOARD ANNUAL REPORTS
(10 to 15 minute presentation)
I. Introduction
II. Board Overview
a. Purpose
1. Code section or other Commission direction
b. Number of members/qualifications
c. Acknowledge current members
d. Meeting times
III.
Review of Past Year's Activities
a. Number of meetings
b. Issues/cases handled
1. number
2. examples
3. any of particular interest?
c. Recommendations/Actions
1. any items of special note?
2. recognition of special individual/board efforts?
IV. Outlook for Coming Year
a. Major issues to be considered
b. Special projects to be undertaken
V. Concerns/Suggestion for Commission consideration
VI. Close
SEP 23 '94 01:46PM
P.i
CITY OF CLEAR WATER::(f] c_
P. O. BOX 4748
CLEARWATERj FLORIDA 34618-4748
City Commission
MEMOR~
Betty Deptula, City Manager
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PRESP ,
Date ~8fP 2 3 1994
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TO:
FROM:
COPIES:
DATE:
Mayor and Commissioners
Fred A. Thomasj Commissioner
September 23, 1994
RE: Harborview Center Costs
*****~**~***.**~*********************~**~*~****~********.****.~*~*.****.
In my Commission MaU, I received a copy of a memorandum from Mr. Baker
to Commissioner Fitzgerald dated, September 19, 1994. Please have the City
Clerk place this memo, "Harborview Center Costs" on a Commission Agenda
for discussion as soon as possible.
FAT/rk
Attachment
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Harborview Center
Project Budget
September 5. 1991
Approved contract for the purchase of the
Maas Brother Site from the eRA:
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10-2-94
Infrastructure Ta."X $1,326,710
Interfund Loan 600.000
Cost of Land $1,926,710
Mid Year 1993-94
Infrastructure Tax representing funds returned
from the Atrium Fund $ 1,776,400
Special Development Fund 723.600
Subtotal $2,500,000
Third Quarter 1993-94
Transfer of Funding from Downtown Community
. Center project (315-93287) (~c-o.~eJ "1C..x) 680,000
CRA Funding for outside skin 150,000
Balance of Infrastnlcture tax representing
the return of Atrium Fund revenues 535,120
Project Budget FY 1993-94 $ 3,865,120
1994-95 Approved Budget
Infrastructure Tax
Special Development
Total Project Budget To Date
$7~979~830
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HARBORVIEW CENTER FINANCIAL OVERVIEW
Description
Architect
Fees
Contractor
Fees
Construction
Costs
Other Costs
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Basic Phase 1
Approved on 04/07/94
(Attachment # 1)
Change to Scope
1) Phase 1A Approved on
06/14/94
2) Full Coverage of Exterior
(Attachments #2 and #3)
Estimated Phase 2
Third Floor Completion
First Floor Completion
Elevator !Escalator/Entrance
(Attachment #4)
Estimated Parking Lot
Improvements
Purchase of Property
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452,000
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2,000,000
1,000,000
$25,400
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$757,588
$745,605
$8,225,000
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$1,925,400
Shading indicates funding that has already been approved by the City Commission.
Attachment # 1 :
Minutes from the City Commission meeting of April 7, 1994 approving Basic Phase 1
renovation costs for the Harborview Center.
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Attachment #2:
Minutes from the City Commission meeting of June 14, 1994 approving Phase 1A costs
($825,000) and also approving full coverage of exterior costs ($150,000 from eRA +
$150,000 for exterior skin + $100,000 for removal of green tile = $400,000).
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Attachment #3:
Minutes from the City Commission meeting of July 18, 1994 approving the handicapped
ramping, colonnade reconstruction, glass wall for trade show space and entrances to restaurant
and atrium mall at a cost of $250,000 which was already included in the $825,000
construction costs approved June 14th.
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Attachment #4:
Minutes from the City Commission meeting of August 1, 1994 regarding the floor plan
approval.
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