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11/02/1995., 3 n, . T r" .?a t rF? ,c ni.s3e56y,. AGE119DA C.•J' A R i FFy?? 4 1-4,11 J, { CITY COMMISSION MEETING 1 i Note: 10.3 045Preliminary (worksession) agenda and paperwork that was in package initially but then not continued onto Thursdays agenda is at the back of this agenda pack. F ACTION AGENDA - CLEARWATER CITY COMMISSION MEETING Thursday, November 2, 1995 - 6:00 P.M. - Chambers Welcome. We are glad to have you join us. If you wish to speak please wait to be recognized, then state your name and tea. Persons speaking before the City Commission on other than Public Hearing items 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 8131462-6684. 1. Invocation 2. Pledge of Allegiance Farewell to Commissioner Justice Oath Administered to Commissioner Clark 3. Service Awards 4. Introductions and Awards 5. Presentations 6. Approval of Minutes - Regular Meeting 10/19/95 & Special Meeting 10/19/95 (attorney /client) 7. Citizens to be heard re items not on the Agenda 1. Pastor David Smith, Faith United Church of Christ. 2. Mayor. - Appreciation expressed. Gifts presented. - City Clerk administered oath. 3. None. 4. Proclamation: Shriner Hospital Benefit Days - 11/3&4/95 5. Ream Dilson, Parks & Recreation Dept. Director read a proclamation from the Governor proclaiming Clearwater Memorial Causeway as an official Florida greenway. Jeff-Harper presented the Gold Palm award won by C-View TV for its tourism video. Hey. Waite[ Campbell announced Partnership `95 to be held on Saturday, 11/4/95 in which local churches working in partnership with city staff & the community will paint 23 houses. 6. Approved as submitted. Robert Ro W requested something be done to address flooding problems that occur at the corner of Garden & Chestnut. He also requested the removal of the parking meters between Court & Chestnut and replace them with one hour parking signs. PUBLIC HEARINGS All Individuals speaking on public hearing items will be sworn-in. Not Before 6;00 P.M. Variance & Rezoning public hearings: - Staff states and summarizes reasons for recommendation (2 minutes), 11/2/95 1 Applicant presents case. Witness may be cross-examined (15 minutes), Staff presents further evidence. May be cross-examined (10 minutes). Public comment (3 minutes per speaker). City Commission discussion, and may question any witness. Applicant may call witnesses in rebuttal (5 minutes). Conclusion by applicant (3 minutes). Decision. 8. Variance(s) to Sign Regulations for property 8. Approved a 5.3 sq.ft. area variance to allow located at 2650 Countryside Blvd., Sec. 29- a freestanding sign 29.3 sq.ft. in area on 28-16, Rustlewood Condominium Countryside Blvd, frontage and a 8.1 sq.ft. (Rustlewood Condominium Assoc., Inc., area varianceto allow a freestanding sign SV95-43) 32,1 sq.ft. in area on the SR580 frontage. Public Hearing - Second Reading Ordinances 9. (Cont. from 10119195) Ord. #5918-95 - Land Use Plan Amendment to Commercial General for property located at 1984 Sunset Point Rd., Sunset Oaks Sub., Lot 2 less road on S and part of Lot 1 (L. J. Parham / Cope, Trustee, LUP95-27) 10. (Cont. from 10119/95) Ord. #5919-95 - CN Zoning for property located at 1984 Sunset Point Rd., Sunset Oaks Sub., Lot 2 less road on S and part of Lot 1 (L. J. Parham / Cope, Trustee, Z95-08) 9. Ord. #5918-95 adopted. 10. Ord. #5919-95 adopted. CITY MANAGER REPORTS CONSENT AGENDA (items #11-15) - Approved as submitted, Tice 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. 11. Purchase of Human Resources & Payroll software, 96 training units, 1 st year maintenance, & related implementation costs from PeopleSoft, Inc., Walnut Creek, CA, at an est. $282,505; approve est. $28,185 for purchase & installation of frame relay communications equipment from General Telephone Company of Florida; approve est. $45,720 for purchase of 13 micro computer workstations from Dell Computer; approve est. $171,810 for Digital Equipment Corp. AXP hardware; for a total est. $528,220; financing of the computer equipment {$229,068) to be provided under City's master lease-purchase agreement (FN) 12. Contracts for purchase of vehicles to, Don Reid Ford, inc., Maitland, FL, Twenty-Two marked 1996 l=ord Crown Victoria patrol units, for $458,936 and Five 1996 Ford Taurus 4-door intermediate sedans, for $78,290; Plaza Jeep-Eagle-Isuzu, Leesburg, FL, Three 1996 Eagle Vision 11/2/95 2 4-door full-size sedans, for $50,864.65; Regency Dodge, Inc., Jacksonville, FL, Seven 1996 Dodge Dakota 114-tan 4x2 pickups, for $83,481 and Three 1996 Dodge Ram LT 112-ton 4x2 pickups, for $41,371; Brandon Chrysler Plymouth Jeep Eagle, Inc., Brandon, FL, One 1996 Jeep Cherokee 4x2 utility vehicle, for $18,391.01; and award an administrative fee of $ 2,050 ($50/vehicle)'to Florida Sheriffs Association, for a total not to exceed $733,383.66; financing to be provided under City's master lease-purchase agreement (GS) 13. Contract to purchase replacement lighting equipment for Frank Tack Park to Hughes Supply, Inc., for $55,000 (PR) 14. C.O.#1 to Del Oro Storm Replacement Contract to Overstreet Paving Co., Largo, FL, increasing the amount by $90,065, for a new total of $964,286.75; and approve a time extension of 120 days (EN) 15. Contracts for demolition of commercial structures at 1171-1 175 Cleveland Street & 900 Chestnut, Street to Terra Excavating, Inc., Largo, FL, for $33,197; to Lang Engineering of Tampa, FL, for 900 Chestnut asbestos removal for $80,544; to Occupational Health Conservation, Inc., Tampa, FL, for 900 Chestnut observation of asbestos removal for $6,085; for a total $119,826 (EN) OTHER ITEMS ON CITY MANAGER REPORT 16. Contract to construct the Countryside Community Recreation Center Building to Bollenbaek Builders, Inc., for $1,424,678; prepare change order to reduce the cost to $1,399,678; authorize additional funding and approve Agreement with Florida Power Corp. for City to park cars on the adjacent utility r- ow (PR) 17. Amendment to existing contract with Howe Architects, Inc. to provide architectural services associated with telephone, data & TV cabling interconnecting the new Municipal Services building, the new Police Headquarters building, the new garage building, the existing Fire Department Headquarters & the existing City Hall building for $77,000; and Amendment to existing contract with Creative-Beers contractors calling for construction - installation of the interconnecting network for $712,295 resulting in an increase to existing guaranteed maximum price,from $15,875,000 to $16,587,295 (CM) 18. Res, #95-80 - requesting federal assistance in the restoration of beaches in Pinellas County (CM) 16. Approved. 17. Approved, 18. Approved. Res. #95-80 adopted. 1 1 /2/95 3 19. Joint Project Agreement with FDOT to install natural gas mains for relocation during widening project of SR584 from W of Curlew Road to 400' E of Gim Gong Road, at an est. $630,000; Res. #95-81 - authorizing execution of agreements for installation & acceptance of new city facilities; and authorizing placing of funds with FDOT for completion of the utility installation (GAS) 20. First Reading Ord. #5943-95 - extending cable franchise agreement with Time Warner Entertainment-Advance/Newhouse Partnership to 211196 (CM) 21. Parks & Recreation Board - 4 appointments (CLK) 22. Other Pending Matters 19. Approved. Res. #95-81 adopted. 20. Approved. Ord. #5943-95 passed 1 st reading. 21. Appointed Bernard Panush, Gary Meritt, Lawrence Lindner & Freda Clayton. 22. None. CITY ATTORNEY REPORTS 23. Resolutions a) Res. #95-79 - Assessing owners of property the costs of having mowed or cleared owners' lots 24. Other City Attorney Items 23. Resolutions . a) Res. #95-79 adopted. 24. Attorney/Client session re Scientology v. City set for 1:00 p.m. on 11113195. City Attorney referred to opinion from Attorney David Cardwell re DDB owing CRA tax increment. CRA to address 11/13/95. 25. City Manager Verbal Reports a) Update on Chamber of Commerce Building - City Attorney reported work on contract in progress. The City Manager reported request from Scientologists to extend 11/5/95 Cleveland Street closure two hours to 11:00 p.m. - Approved. 26. Commission Discussion Items a) Placement of rock revetments on Sand Key - direction to hire Coastal Engineer to survey seawalls. Request Jim Terry of Pinellas County to address Commission. b) East End RFP Review Committee - direction to get more information re selection process. c) Federal Lobbyist - Consensus for Mayor to participate as long as Commission input obtained prior to position being taken. 11/2/95 4 1'r ? i r. 27. Other Commission, Action Garvay questioned direction from Commission re pursuit of purchasing Bayview Mobile Home Parka Agreement to review. Garvey requested approval to attend U.S. Conference of Mayor's meeting in Washington, D.C. Majority agreement. Clark thanked City Manager, City Attorney & staff for all done to get him "up to speed". F 28. Adjournment - 8:18 p.m. I . ?t %I 1112195 5 CITY OF CLEARWATER Interdepartmental Correspondence TO: Mayor Garvey FROM: Sally Thomas, Agenda Clerk SUBJECT: Invocation COPIES: Cynthia Goudeau, City Clerk DATE: November 2, 1995 Tonight's invocation will be offered by Pastor David Smith, Faith United Church of Christ, 2401 Drew St., 34625 11.".. - CEREMONY FOR OUT-GOING COMMISSIONER INSTALLATION OF r&w COMMISSIONER November 2, 1995 6:00 p.m. 1. Pledge of Allegiance 2. Invocation 3. Recognize out-going Commissioner Justice and family. FAMILY MEMBERS: WIFE: MARIAN SON: GARY DAUGHTER-IN-LAW: CAROL 4. Mayor & Commissioners to present gifts and make personal remarks: City Attorney Pam Akin - say a few words Commissioner Thomas - plaque City Manager Betty Deptula - 3ft7- TEw wo"rTs +1kL_? Commissioner Berfield - angel Mayor Garvey - letter 5. Remarks by out-going Commissioner Recess for Five Minutes. 6. Installation of new Commissioner: Bob Clark FAMILY MEMBERS: WIFE: TERESA SON: BOBBY UNCLE/AUNT: JOSEPH AND EILEEN CLARK UNCLE: PAUL CLARK AUNT: ANNA MAE WESTFALL COUSINS: MR. AND DIRS. SCOTT HERNON 7. Clerk Administers Oath of Office Recess for Five Minutes; then return to regular agenda. y TO: Mayor Rita Garvey FROM: Betty J. Blunt, Confidential Clerk Receptionist COPIES: City Commissioners, Betty Deptula, Cyndie Goudeau SUBJECT: Presentation at the November 2, 1995 City Commission meeting DATE: November 2, 1995 The foIlowing presentation will be made at the November 2, 1995 City Commission meeting. P?.OCLAMATIONS ?' Shriners HosQital Benefit Days Members of Clearwater Shrine Club Andy Anderson, President Bob'Rockhold, 1st Vice President John Vinup, Ind Vice President Walter Bunn, Secretary Ream Wilson will present proclamation Mayor Garvey & Commissioners State of Florida proclaiming Clearwater Memorial Causeway as an official Florida Greenway t ?r JEM Repr(graphics 411 S. Garden Ave. Clearwater, Fl 34616 MS. BETTY DEPTULA CITY MANAGER CITY OF CLEARWATER DEAR MS. DEPTULA, R e=7 JULY 12, 1995 RE: REOCCURRING FLOODING OF GARDEN AVE AND CHESTNUT THE PROBLEM CONTINUES. EARLY THIS MORNING A HEAVY DOWNFALL CREATED FLOODING THAT BROUGHT 6-8 INCHES OF FLOOD WATER THROUGH OUR PLANT AT 411 SOUTH GARDEN AVE. WE LOST THOUSANDS OF DOLLARS IN FINISHED PRODUCT AND CONSUMABLES. WE HAVE BEEN IN LIMITED PRODUCTION, BUT WILL BE AT 30& UNTIL ALL THE EQUIPMENT CAN BE DRIED OUT. OUR PRODUCT INVENTORY FOR THE CITY ENGINEERING DEPARTMENT AND MANY OTHERS WAS SOAKED ON THE SHELVES. I SIT IN MY OFFICE QUESTIONING HOW THIS SITUATION DIFFERS FROM THE PREVIOUSLY REPORTED FLOODS ON THE DOCUMENTATION ATTACHED. THE MAJOR DIFFERENCE IS THAT, INSURANCE WILL NOT COVER ANY OF THESE CONTENT LOSSES. THE INDIFFERENCE TO THIS SITUATION LEAVES ME FEW ALTERNATIVES. NONE ARE ACCEPTABLE OR PREFERRED. THE RETENTION AREA DESIGNED TO TAKE THIS STORM WATER IS NEARLY EMPTY TODAY AND OUR PLANT IS FLOODED. WHERE DO WE GO FROM HERE? SINCE ELY, ROBERT R PERT. PRESIDENT CC: WILLIAM C. BAKER r C I T Y OF C L E A Ft, W A. T E R POST OFFICE BOX 4748 CLEARWATER, FLORIDA 34618-4748 Cisy Manaoer July 27, 1995 Ms. Ann Loughridge Kerr Attorney at Law 425 South Garden Avenue Clearwater, FL 34616 Dear Ms. Kerr; z Thank you for your July 20, 1995 letter informing us of the precarious drainage situation in the immediate neighborhood of your property at the intersection of Garden Avenue and Chestnut Street in Clearwater. You can be sure that we are aware of the drainage characteristics of all of downtown Clearwater. In fact, we have an employee in our Engineering Department who remembers well the persistent flooding of the Jiffy Reprographics building during the time our Engineering Department occupied the building some twenty-eight (28) years ago. Downtown Clearwater, as well as many older neighborhoods in the City, is flat, poorly-drained, and served by old pipes that were not sized according to modern civil engineering practices. Consequently, flooding occurs more frequently than would otherwise be the case. The City undertakes a certain amount of capital improvement projects relating to drainage each year. Our priorities for the past several years have been to preclude water from entering homes and buildings. While we have made great strides in this matter and each year eliminate flooding sites in Clearwater, we have of course yet to completely eliminate every flooding problem. Several months ago I notified your neighbor, Mr. Roperti, that we would begin the process required to attenuate the flooding occurrence you speak of. We have completed enough field data to indicate that a large pipe running southward from Chestnut Street through the ineffective detention pond, which was once a railbed, and connecting to a major stormwater outfall pipe along Turner Street to Clearwater Harbor, is a feasible and practical solution to this problem. Further work is necessary to confirm this plan, establish cost estimates, obtain regulatory permits, and construct the works. Because of the numerous other projects already on the boards in our Engineering Design Office, I am, today, instructing City Engineer Rich Baier to have this CCRTtFI£O IN FAMSLY LAW PRACTICE GOP CAST TWICOS STREET BY THC FLOPIDA BAR A530CIA-rCN SUITE 200 FAX: 16136 442.1251 TAMPA, FLORIDA 33802 AMERICAN ACADEMY OF MATPIMQNIA- LAWYERS (8131229-7251 PRESIDENT FLORIDA CHAPTER 1906-1989 July 20, 1995 Mr. William C. Baker Director of Public Works City of Clearwater 112 S. Osceola Avenue Clearwater, Florida 34616 Dear Mr. Baker: Hj,;ZNIS't?ED To i i PLEASE REPLY TO. 425 SOUTH GARDEN AVENUE CLEARWATER, FLORIDA 34616 18131 443.6787 My office is on the corner of Garden Avenue -and Chestnut Street. I also own the building immediately across the street at' 525 Chestnut. Since I have owned my office building which has *been nearly ten years, we have had many severe threats of flood. In recent times, the road has been reconfigured in such a way that the new sidewalk is higher than the building foundation and standing water and run--off from the higher sidewalk have leaked through the walls of the building, ruining the carpeting. My neighbor, Jiffy Reprographics, has been terribly flooded on many occasions. Luckily, the City of Clearwater required that I have a retention pond, that has drained a considerable amount of the water into the retention pond from the street which is much higher than the land. On the morning of July 12, water was within 1" of coming into my office and flooding the newly carpeted and newly refinished floors. This is alarming and would have been a substantial loss to me. I have already experienced a great deal of loss and had to replace carpet because of the prior flooding. The property on Chestnut luckily seems higher and has not suffered any damage yet. It is imperative that the City of Clearwater take proper precautions to protect us from flooding, especially in view of the fact that the old railroad track area behind our property has now been paved for parking and results in far more drainage to our properties and less retention of water since the paved area has evidently been filled and is higher than our properties. It is hard to understand this when you look immediately across the street at the original railroad track site which is now a retention pond for the City. That pond is never filled with water because the water from the street doesn't make it to the retention pond because of the configuration of the newly surfaced road. Mr. William C. Baker July 20, 1995 Page Two What can a citizen do to obtain protection from this situation? Please give us your assistance because we are totally at your mercy. Very truly yours, CLO GB IDGE KE ALK/glc cc; Robert J. Roperti JEM Reprographics I 411 S. Garden Ave. Clearwater, Fl 34616 SEPTEMBER 71 1994 ELIZABETH M. DEPTULA CITY MANAGER P.O. BOX 4748 CLEARWATER, FLORIDA 3461.8 RE: FLOODING GARDEN AVE. AND CHESTNUT THANK YOU FOR YOUR RESPONSE REGARDING THE FLOODING PROBLEM. OBVIOUSLY THE ENGINEERING, RESPONSE ASSUMES THE EXISTING RETENTION AREA WHICH IS NOW FIFTY YARDS SOUTH OF THE FLOOD AREA IS BEING UTILIZED. TODAY WE EXPERIENCED A TWENTY MINUTE DOWNPOUR. THAT RETENTION POND WAS ONLY 10-15% UTILIZED WITH RUN OFF. THE INTERESECTION WAS FLOODED. I DON'T BELIEVE THE RETENTION AREA, THAT WAS PUT THERE TO ACCOMMODATE RUN-OFF FROM THE PAVED PARKING NORTH, IS BEING UTILIZED. I CAN NOT LIFT THIS BUILDING FROM THE FLOOD AREA THAT WAS CAUSED BY THE PAVING OF THE DRAINAGE AREA BEHIND THIS BUILDING TO ADD METERED PARKING. ADA REGULATIONS LIMIT OBSTRUCTIONS THAT WOULD PREVENT THE MATER FROM INTRUDING INTO OUR BUSINESS. OUR EQUIPMENT WILL NOT RUN UNDER WATER. THE ENVIRONMENT HERE IS HOSTILE. THE SITUATION IS UNACCEPTABLE. THIS IS NOT A MATTER OF ONLY CONCERN TO OUR BUSINESS, IT IS A MATTER OF SURVIVAL IN THE DOWNTOWN AREA. WE CAN NOT AFFORD ANOTHER FLOOD LOSS. I DON'T WANT TO SEE A FATAL ACCIDENT AT THAT INTERSECTION. A REMEDY MUST BE FOUND. SINCERELY, ROBERT J. ROPERTI PRESIDENT cc: WILLIAM C. BAKER, ASSISTANT CITY MANAGER GARDNER SMITH, ASSISTANT PUBLIC WORKS DIRECTOR TERENCE C. JENNINGS, CHIEF ENGINEER RITA GARVEY, MAYOR DAN GRIECO, P.A. ¦ .r Reprogaphics 411 S. Garden Ave. Clearwater, F1 34616 MR. WILLIAM BAKER DIRECTOR OF PUBLIC WORKS CITY OF CLEARWATER DEAR MR. BAKER, NOVEMBER St 1991 TWICE IN THE PAST YEAR OUR BUILDING HAS BEEN FLOODED DUE TO THE STORM SEWERS BACKING UP. THE MOST RECENT EVENT WAS SEPTEMBER 13 AND PREVIOUSLY ON APRIL 25. OUR INSURANCE COMPANY HAS DROPPED OUR COVERAGE DUE TO THE DAMAGE CLAIMS. THE NEW INSURANCE CARRIER HAS INSISTED ON TWICE THE PREMIUM FOR THE PLEASURE OF COVERAGE. ACCORDING TO ROY SATINGER OUR AREA HAS' INADEQUATE SEWERS IN ADDITION TO BEING CLOGGED WITH SILT: I HOPE YOU GIVE THIS MATTER YOUR ATTEN'T'ION. SINCERELY, ROBERT J. ROPERTI PRESIDENT 1 ¦ ,? ?? r } ?) C1 ??,_ L i 7 ?.j ?ii V II1\ ``? .? .? ?i R ,. ?,, +?r-c,.fa;;.aus ?'8r.sw.,,?.A 1 a4. "N?.v !• . [C ?A^?KteJks? "W'rt:' l' 1 k• ? s 11yt1S.{`V 1: tiwl <?kr''.Sr =( .i ?i .. S: y? .? '' ? .j r i y ? i r• )a ? . y t p: r+ 11 ' Y Aa p 1; f s: 4ej , f ' r. N F'7iffn.sfr prWC+? : M ? i ? ? '? ti+ w a•f • !Ih '.rrr ??* It .lk''?, ',1 • a 4~ 'ri VI) k ?a i w2 ? ar, 4 , t 7 '• r i . Lr ? o, tk?' ,I49' ` _ ?, r :ie ?4a / !L ]?jjy. S r. e IV% • ,e It t, / .1 e y S }?`t ? y •;' w? 1t ?p S. lw ?'?..?++ 1.a4 t r I (. r 1" e e J; ?Tfyf tw• py`? • yl??• .Stt?`S? • l c ?a f• Y?. 1d R-i..lila `.. i YJ V ~L!? l ?1'? ?'Lt 1` lx} ?4 S):: •?•'ll,? ark Li ars 1 • f.?a?' L? . . 1. i ? _{ • Ir wf? ' St K;. ? 4y' r Sib Y r + i??=21??}i. r • r??'`? i Lo AGENDA rc r ?1» r; DATE t ITEM #-F-? Item # Clearwater City Commission Meeting Date: W=.X Agenda Cover Memorandum C9 1 ??IIR?III?R?IIIIRRY?III??R IR MRII^R.IIR.I.?1??1111.? I..I - ¦ R SUBJECT: Variance to the Sign Regulations; 2650 Countryside Blvd.; Rustlewood Condominium Assoc., Inc.lRustlewood Condominium (Owner/Applicant); Michael Kostares (Representative). (SV 95-43) RECOMMENDATION/MOTION: Approve the following variances: (1) an area variance of 5.3 square feet from the permitted 24 square feet to allow a freestanding sign with an area of 29.3 square feet on the Countryside Blvd. frontage, and (2) an area variance of 8.1 square feet from the permitted 24 square feet to allow a freestanding sign with an area of 32.1 square feet on the S.R. 580 frontage, on property identified as Sec. 29-28-16, Rust(ewood Condominium, for meeting Sec. 45.24 Standards for Approval, items 0)-(4). ? and that the appropriate officials be authorized to execute some. BACKGROUND: The applicant is requesting the following variances: (1) an area variance of 5.3 square feet from the permitted 24 square feet to allow a freestanding sign with an area of 29.3 square feet on the Countryside Blvd. frontage, and (2) an area variance of 8.1 square feet from the permitted 24 square feet to allow a freestanding sign with an area of 32.1 square feet on the S.R. 580 frontage. The subject property is located on the southwest corner of Countryside Blvd. and S.R. 580, and is in the Multiple Family Residential 16 zoning district. The variance is requested to permit the existing freestanding signs to remain. Pertinent summary information is listed in the following table. Reviewed by: Originating Dept: Costs: ANA Commission Action: Legal N/A _ ? CENTRAL PERMITTING Total ? Approved Budget N/A (' d Approved u/conditions Purchasing NLA E ? D i d Risk Mgmt. _HIA _ - - ' User Dept: Current Fiscal Yr. en e Cis -N/A 13 Continued to: ACM Funding Source: CRT 0 Capftat imp. Advertised: ? operating Attachments: Date: 0 Other APPLICATION Paper: Tampa Tribune VARIANCE WORKSHEET 0 d i MAPS Not Requ re Submitted by: .?. Affected Parties Appropriation Code: ? None 4? 0 Notified X 0 Not Required City %. Printed on recycled paper SV 95-43 Page 2 Countryside Blvd. Sign S.R. 580 Sign Information Existing Permitted Existing Permitted Type of sign Freestanding Yes Freestanding Yes Location/orientation of sign Countryside Blvd. Yes S.R. 580 Yes Area 29.3 sq. ft. 24 sq. ft. 32.1 sq. ft. 24 sq. ft. Setback 5 ft. 5 ft. 5 ft. 5 ft. Height 3.8 ft. 6 ft. 4.8 ft. 6 ft. Staff Comments/Proposed Conditions: Rustlewood Condominium has frontage on two major thoroughfares, Countryside Blvd. and S.R. 580. According to the City's sign code, the Condominium is permitted a 24 square foot freestanding sign oriented to each thoroughfare. At the main entry to the property on Countryside Blvd. stands a 29.3 square foot sign. It is 5.3 square feet, or 22%, larger than the code allows. At the intersection of S.R. 580 and Countryside Blvd., oriented to S.R. 580, is a 32.1 square foot sign. It is 8.1 square feet, or 34%, larger than the code allows. Special circumstances exist which support approval of the variances. Both Countryside Blvd. and S.R. 580 are wide roadways. Countryside Blvd. is a four lane divided road with turn lanes. S.R. 580 is a six lane divided road with turn lanes. The existing signs are not out of character or scale with these roads. Furthermore, given these roadway conditions, the requested variances are minimal. The permitted 24 square foot area is the strictest freestanding sign size in the City. The Countryside Blvd. sign is only 5.3 square feet larger than permitted, and the S.R. 580 sign is only 8.1 square feet larger. To require alteration or replacement of these signs would impose a hardship upon the applicant that would be great in comparison to the benefit derived by the public. SURROUNDING LAND USES Direction Existing Land Uses North Condominiums South Condominiums East Condominiums and fire station West Florida Power right of way The existence of a 29.3 square foot sign on the Countryside Blvd. frontage and a 32.1 square foot sign on the S.R. 580 frontage will not detract from properties that have conforming signs and will not adversely affect the appearance of the community. SV 95-43 Page 3 Applicable Variance Standards: To be eligible for a variance, a request must meet all four standards for variance approval. Based upon review and analysis of the information contained in the application, staff finds that the petitioner's request meets all of the standards. In particular, the following standards do appear to be fully met: (1) There are special circumstances related to the particular physical surroundings, shape or topographical conditions applicable to the land or buildings, and such circumstances are peculiar to such land or buildings and do not apply generally to the land or buildings in the applicable zoning district. (2} The strict application of the provisions of the code would deprive the applicant of the reasonable use of the land or buildings. (3) The variance is not based exclusively upon the desire for economic or other material gain by the applicant or owner. (4) The granting of the variance will be in harmony with the general purpose and intent of the land development code and comprehensive plan and will not be materially injurious to surrounding properties or otherwise detrimental to the public welfare. SV 95-43 Page 4 ElellevaniPrevi-ous. Decisions by the_Commi?sion: FREESTANDING SIGN AREA CASE #E ADDRESS NAME VARIANCES MEETING REQUESTED/ACTION DATE SV 93-06 1621-1627 Gulf Connell's Plaza 144 sq. ft. add'I to allow 9128193 to Ba Blvd. 208-sq. ft./Denied SV 93-18 1800 Gulf to Young's BBQ 39.5 sq. ft. add'I to allow 1119193 Bay 103.5 s q. ft./Denied SV 93-34 19400 U.S. 19 Kenyon Dodge 122 sq. ft. add'I to allow 1124194 234 s q, ft./Denied SV 93-41 25778 U.S. 19 Forbidden City 78 sq. ft. add'I to allow 217194 190 s q. ft./Denied SV 93-67 29605 U.S. 19 Criterion Center 22.8 sq. ft. add'i to allow 217194 72.8 s q. ft./A roved SV 93-42 25485 U.S. 19 Dimmitt Chevrolet 80.8 sq. ft. add'I to allow 317194 192.8 sq. ft./Denied 15.03 sq. ft. add'I to allow 127.03 sq. ft./Approved SV 93-48 26200 U.S. 19 Rio Bravo 30 sq. ft. add'I to allow 4127/94 180 s q. ft./Denied SV 94-33 20 Island Way Jesse's Flagship 60.7 sq. ft. add'I to allow 1016194 Restaurant 124.7 sq. ft./Denied 23.5 sq. ft. add'I to allow 87.5 s q. ft./Approved SV 94-36 2218 Gulf to Mr. Submarine 1 94 sq. ft. add'I to allow 11/3/94 Bay Mr. Gyros 158 s q. ft./Denied SV 95-21 23917 U.S. 19 U-Haul 37.6 sq. ft. add'I to allow 4120195 101.6 s q. ft./A roved SV 95-18 2475 Sunset Pinellas Community 36 sq. ft. add'I to allow 514/95 Pt. Bank 60 sq. ft./Denied 8.8 sq. ft. add'I to allow 32.8 s q. ft./Approved SV 95-25 1625 N. Belcher Salvation Army 24 sq. ft. add'I to allow 5/18195 Rd. Community 72 sq. ft./Approved Worship Center SV 95-27 3060-3080 Imperial Pines 34.8 sq. ft. add'I to allow 6115195 Eastland Blvd. Condominium 58.8 s q. ft./A roved SV 95-29 3044 Eastland Imperial Oaks 15.2 sq. ft. add'I to allow 7120195 Blvd. Condominium 39.2 sq. ft., and 13.3 sq. ft. to allow 37.3 sq. ft./Approved VARIANCE WORKSHEET - CASE NUMBER SV 95-43 STANDPWI 1?4 FOR VAP&"= AF'Plit]VAL STAFF FWI' OMS 111 There are spacial circumstances related to the particular Rustlawood Condominium has frontage an two major physical surroundings, shape or topographical conditions thoroughfares, Countryside Blvd, and &R. 680, According to applicable to the land or buildings, and such circumstances the City's sign code, the Condominium Is permitted a 24 are peculiar to such land or buildings and do not apply square foot freestanding sign oriented to each thoroughfare. generally to the land or buildings In the applicable zoning At the main entry to the property on Countryside Blvd, stands district, a 29.3 square toot sign. It Is 6.3 square feet, or 22%. larger then the code allows. At the intersection of S.R. 681) and Countryside Blvd., oriented to S.R. 680, Is a 32.1 square foot sign. It Is 8.1 square feet, or 34%, larger than the code allows. Special circumstances exist which support approval of the variances. Both Countryside 81vd. and S.R. 680 are wide roadways. Countryside Blvd. Is a tout lane divided road wlth turn lanes. S.R. 680 Is a six lane divided road with turn lanes. The existing signs are not out of character or scale with these roads. Furthermore, given those roadway conditions, the requested variances are minimal. The permitted 24 square toot area Is the strictest lreestanding sign size In the City. The Countryside Blvd. sign Is only 6.3 Square toot larger than permitted, and the S.R. 680 sign is only 8.1 square feet larger. To require alteratlorr or replacement of these signs would Impose a hardship upon the applicant that would he great In comparison to the benefit derived by the public. (21 The strict application of the provisions of the code would To require alteration or replacement of these signs would deprive the applicant of the reasonable use of the land or Impose a hardship upon the applicant that would be great in buildings. comparison to the benefit derived by the public. (31 The vatlance In not based exclusively upon the desire for The tiedenae request appears to satisfy this condition. economic or other material gain by the applicant or owner, 14) The granting of the variance will be In harmony with the The sign regulations were adopted with the Intent of general purpose and'Intent of the land development code and enhancing the visual quality of the City's streets and compr*fiensive plan and will not bs matetlaliy injurious to landscape in order to protect the value at properties and the surrounding properties or otherwise detrimental to the public well-being of the local tourist oriented economy. The welfare. granting of this variance appears to be consistent with this Intent. sv# CENTRAL PERMITTING DEPARTMENT 10 S. MISSOURI AVENUE CLEARWATER, FL 34616 SIGN VARIANCE APPLICATION PROPERTY OWNER(S) NAME & ADDRESS: REPRESENTATIVE(S) (if any) NAME & ADDRESS: Rustlewood Condominium Assoc., Inc. 2650 County side Blvd, Clearwater, FL 34621 r- PROGRESSIVE Managpmgnt, Jar., 2753 State Road 580 Suite 207 Clearwater, FL 34621 IMtf-%4iA~ k- )?U i carte 5 -._-- TELEPHONE:_ (-50)-NfA 79 c -iDb 7 ?L - - - TELEPHONE: 1 813) 799-0874 ADDRESS OF SUBJECT PROPERTY: 2650 Countryside Blvd. Clearwater FL 31621 NAME OF BUSINESS (IF APPLICABLE): ZONING DISTRICT. RiII 16 LAND USE CLASSIFICATION: RiII LAND AREA:I 11 LEGAL DESCRIPTION OF SUBJECT PROPERTY: Rustlewood Condominium See attached PARCEL NUMBER: ! 1 1 1 1 (This information is available from your tax receipt or contact Pinellas Co. Property Appraiser's Office at 464-3207. If more than one parcel number, attach 8% x 11 inch sheet) DESCRIBE SURROUNDING USES OF PROPERTY: North: Condos South: Condos East: Condos and Fire Sta. West: Florida Power R.OX. VARIANCE(S) REQUEST: For variances of (1) 5.3 Sq. ft. to permit a freestanding sign area of 29.3 S q. Ft. County side Blvd. Frontage) (2) 8.1 Sq. Ft. to permit a freestanding sign area of 32.1 s . ft. State R CENTRAL PERMITTING CITY OF Ci,EARWATER CONTINUED ON REVERSE SIDE STANDARDS FOR APPROVAL: A variance shall not be granted by the City Commission unless the application and evidence presented clearly support the following conclusions: , 11 There are special circumstances related to the particular physical surroundings, shape or topographical conditions applicable to the land or buildings, and such circumstances are peculiar to such land or buildings and do not apply generally to the land or buildings In the applicable zoning district because _ - Si=ce "WET ^c-??v.t- 2) The strict application of the provisions of the coda would deprive the applicant of the reasonable use of the fond or buildings because 3) The variance is not based exclusively upon a desire for economic or other material gain by the applicant or owner because 4) The granting of the variance will be in harmony with the general purpose and intent of the land development code and comprehensive plan and will not be materially injurious to surrounding properties or otherwise detrimental to the public welfare because c c lg l 1 ?t C U 1. •ti EU. THIS SUBMISSION GIVES AN APPLICANT THE OPPORTUNITY TO REQUEST THE VARIANCE AND APPEAR BEFORE THE CITY COMMISSION AT A PUBLIC HEARING. FEES PAID ARE NON-REFUNDABLE REGARDLESS OF BOARD ACTION. BY SIGNING THIS DOCUMENT I AM ACKNOWLEDGING THAT ALL FEES PAID DO NOT GUARANTEE APPROVAL OF THIS APPLICATION. SIGNATURE OF PROPERTY OWNER (OR R€PRESENTATIV -'t >~.Y 1•-' -. 11nolUde pornion and nAm• or oom??nr n •PPIwAD191 "+'t%L t"\1,14? 1e-a5•1 C3 _/ Sworn to and subscribed before me this -- day of A.D., 19 JAS by _ -ter ? 15 i _ , who is personally known to me and/or has produced • a6,4-- as identification. STATE OF FLORIDA, COUNTY OF _ biic o J . ! Commission No. r}} 1101 y Pulilir~ 1re`f r Sir.}c of ll?r€?tt ?elf!!1{I?3:! 7!i G:S?!:i^S Ely T, Wi f , i O ndvd Thri T;cr Turn • t"W4-0 Inc- (Name of Notary, ad,,riMid or starrlped) NOTE:.- PROPERTY OWNER OR REPRESENTATIVE MUST ATTEND HEARING. 1. Recent road widening of S.R. 580 from a two lane road to a six lane road, and the widening of Countryside Blvd. from a two lane road to a six lane road, and the corresponding heaver traffic on these roads have made the need of a slightly larger entrance sign essential so that the property is identifiable. 2. Rustlewood is predominately a retirement type community and most individuals who reside there are elderly in age. These residentsr their guests and visitors will have a difficult time locating the condominium complex and its entryway if this variance is denied. The strict application of the ,code (ie: a smaller sign) would unreasonably deprive the residents, guests, and possibly emergency personnel the use of the land. 3. the sign variance is being requested for a seventeen (17) year old residential Condominium all of which 144 units are sold and closed to homeowners. The property is not a commercial application and will not possibly gain economically or materially by the sign variance being granted. 4. The existing signs which have been in place for approximately seventeen (17) years are set back far enough from the roadway that they are not obtrusive, offensive, or detrimental to surrounding properties or the public. In fact the existing subdued color scheme of brown and beige, the modest but stylish design, and the fully landscaped areas surrounding the sign are most likely viewed in a pleasant way by most people. Ia6/rignvar 1 RUSTLEWOOD CONDOMINIUM ASSOCIATION, INC. 2650 COUNTRYSIDE BOULEVARD CLEARWATER, FLORIDA 34621 July 27, 1995 Steve Sarnoff Central Permitting Specialist City of Clearwater Central Permitting Department 10 S. Missouri Avenue Clearwater, FL 34616 AUG 0 z 1995 CENTRAL PERMITTING CITY OF CL.EARWATER RE: RUSTLEWOOD CONDOMINIUM ASSOCIATIONr INC. SIGN VARIANCE APPLICATION Dear Mr. Sarnoff: As requested in your letter dated July 5, 1995, to Michael Kostares of Progressive Management, please allow this letter to serve as authorization that Rustlewood Condominium Association intends on pursuing a sign variance from the City of Clearwater as outlined in previous material which was submitted to your office. Thank you and please feel free to contact me if you have any questions. Sincerely, Raymond Lloyd-r-Pkesident Rustlewood Condominium Association, Inc. **?{r14t4oItAr****tF?r**?r*ie?r*?k**ilr*'k*tk*tk?Frtk****?klk*iF*iF****?r?lr•le'k*ilr*dr?llr?k?r*ilr?lr* Sworn to and subscribed before me this 20th day of August 1995 by Raymond Lloyd, who is personally known to me. STATE OF FLORIDAr COUNTY OF PINELLAS. (Name of notary typed, printed or stamped) {0W4 ` YVONNE R. RFO IESE ' MY COMMISS10y ? 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Cllr SIGN VARIANCE 'REQUEST NAME: R-USTLE15LOQD COND MINIUM ATION MICHAEL KOSTA&Es SV # 9543 PUBLIC HEARING DATE : NOVEMBER 2r 1995 ATLAS PAGE: Z_Z2A SEC: 29 TWP: 28 S RGE: 16 E CLEARWATER CITY COMMISSION Z A tw C 0 I ? n Oat Is F h l / i 1 x N \f -?+?--+--"? -- aY HIM N7TUWR- - ? 1 r ? ?~ }yrnoHrl $\ ? ? R ? A auT 71na5? N01dr"H dl ? I 1 $6 w N l } ss 'Yt to N A HrnH?ra] ala V'13 'W ll (111(11F ? ?V? J . 'am Y7H01" 'aY CIO Y7"U17g--1 'aY Y7?17B '0Y YJNSl7q ?I siino" j m r x I air 7W}7H ?L«...?.r py.,. }r177v u] S ? 93 bI •by S7rl a IAV Vg11L1V.1 - 'MY 0Hr1Hol" '3AV ?1- aHY119M i I 'S9r 11YBA MSH • AVMNyM IONIY N •iM N tSi [ K 7Hrl KU 30 7+t 77YnrM7+n- AIJ]n a Tlrl I a LL k ?? '}1r 3'lilun Q 1 s„ 11? f ? '?lvo? D? D 4 1 c?? m ?ri rrAr ?L'y+t JnvaHrn ? ? ?? ? Ir f 1 ,- g a 1 ??r >0 1 3-ct4?r,r41 ; 14 f 9 ORDINANCE NO. 5918-95 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE FUTURE LAND USE PLAN ELEMENT OF THE COMPREHENSIVE PLAN OF THE CITY, TO CHANGE THE LAND USE. DESIGNATION FOR CERTAIN REAL PROPERTY LOCATED SOUTH OF BARRINGTON DRIVE NORTH, CONSISTING OF LOT 2 AND PART OF LOT 1, WHOSE MAILING ADDRESS IS 1984 SUNSET POINT ROAD, FROM RESIDENTIAL/OFFICE GENERAL TO COMMERCIAL GENERAL: PROVIDING AN EFFECTIVE DATE. WHEREAS, the amendment to the future land use plan element of 'the comprehensive plan of the City as set forth in this ordinance is-found to be reasonable, proper and appropriate, and is consistent with the City's Comprehensive Plan; now, therefore: BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER. FLORIDA: Section 1. The future land use plan element of the Comprehensive Plan of the City of Clearwater is amended by designating the land use category for the hereinafter described property as follows: Property Land Use Category See Exhibit A attached. From: Residential/Office General (LUP 95-27) To: Commercial General Section 2. This ordinance shall take effect immediately upon adoption. subject to the approval of the land use designation by the Pinellas County Board of County Commissioners and subject to a determination by the state land planning agency or the Administrative Commission of the State of Florida, as appropriate. of compliance with the applicable requirements of the Local Government Comprehensive Planning and Land Development Regulation Act, pursuant to § 183,3189, Florida Statutes. The Director of Central Permitting is authorized to transmit to the Pinellas County Planning Council an application to amend the Countywide Plan in order to achieve consistency with the Future Land Use Plan Element of the City's Comprehensive Plan as amended by this ordinance. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED October 5 1995 Rita Garvey, Mayor-Commissioner Approved as to form and lega uff'ciency: ame a in, City Attorney Attest: Cynthia ou eau, City Clerk (k-dindme M. 5918.95 LEGAL DESCRIPTION PARCEL NO. 1 (Parham Parcel) The.South 160.00 feet of Lot 1', Sunset Oaks, according to-the plat thereof as recorded in Plat gook 89, Page 1, public records of Pinellas County, Florida. AND PARCEL NO. 2 (Cope Parcel) Lot- 2, Sunset Oaks, according to the plat thereof as recorded in Plat Book 89, Page 1, public records of Pinellas'County, Florida. EXHIBIT A Ordinance W). 3710.95 8 7 1973 _93 98 76 71 Q FRANK TACK PARK J971 t9s8$ 92 94 97 gg 75 1967 r RCS. 73-37 1967 -196,7 m 1968 72 196 F- 1961 -196= 4 ?- ~ cx r9e 9 Fu 0 45 96 FE t3 1961 74 ? 1961 a 91 ? 100 196 73 OS?R 90 60 60 1955 DRIVE _ N. 0 1947 13 UI p j { 942 112 D`r 110 509 108 107 106 105 104 103 102 l dl a?• '0? G1ri 7'M+EO 113° 6 116 117 PROPEnrr N ? I?;' land-97 1 t5 4 SUNSET . 4 114 ? OAKS ?, . r9+r a I•iAIJ F A"- .7 _ Jf ELL. -66 _ z 119. 116 :! I r. CD zi =12jy_ 120. __..... ? ... :.-?...... I, 1- ix- 25 + 1 ..i3'• _? 1244 s:- ^. t it CSO 22: N 123 iT- ii? ??y? '.?. '°'?.. -; o-,?• "'i 1909 ' I .i . i •. • ?i3?}5,.,++''??ffnn c '. -gin ??.. ?... ? •? ?'s',....:+ ? ?? rL1.f R . + ' :.. I ?? ?' •T+? per' - ???ff m .:'-.J.CC. --`-...r_. i. ??+, .. .? -._r •=• !•?_ ?=ra'n' _ • ' 1 ?': •: ? ?_ .f . '.6?;" y •128. e? G7?: 1 zV 7 - .? _ 4.. `' ? ?'• s- •. •?._•_ Ar3AlttonN su h15E r PT ROAD '? - 7ro.-taut n.. _ SUNSET - .. _ rut 7,. .? g ;SUNSEC:,. ® f© h ?f I!I 1 I• 2 at 7 i] a? 65 6a 1 a0 76 71 7r T] 74 `" 73 77? L L W_ 0 0p N pa Q N 0 ? pp N t` N tO O N pq N• b N 4 -. 0 N 0 cm 0 N ? 'V N N N M O N N N H s? ? N h [y ao 54 Sa 55 So- 40 4a -47 46 ?! as rear PROPOSED LAND USE PLAN AMENDMENT and REZONING E'ER PARHA, M E? coPE LICAN'1' -LAND USE PLAN Ii a ,? R c s l 'v ? u ?" t ra ? C7 Fr(CE G E- NC ALA L 0 Co ro vo C- ar,- (AL G E 0EIZINL AHNING and ZONING BOARD CTION 0( TOWNSHIP Z,q S ZONING z a?--od LUP q5-2-7 PROPERTY DESCRIPTION LOT 2. I PART LOT 1 ? SuM5E7 C7A14S t.L 7 AcREs CITY CUMM1551UN RANGE I F E ATLAS PAGE Z 5'3 A 01- 0-1-1 ORDINANCE NO. 5919-95 AN ORDINANCE OF THE CITY OF CLEARWATER. FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY BY REZONING CERTAIN PROPERTY LOCATED SOUTH OF BARRINGTON DRIVE NORTH. CONSISTING OF LOT 2 AND PART OF LOT 1, SUNSET OAKS, WHOSE POST OFFICE ADDRESS IS 1984 SUNSET POINT ROAD, FROM LIMITED OFFICE (OL) TO NEIGHBORHOOD COMMERCIAL (CN): PROVIDING AN EFFECTIVE DATE. 10 WHEREAS, the amendment to the zoning atlas of the City as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's Comprehensive Plan: now, therefore, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following described property in Clearwater, Florida, is hereby rezoned, and the zoning atlas of the City is amended as follows: Emn-rly Zoning District See Exhibit A attached. From: Limited Office (OL) To: Neighborhood Commercial (CN)- 5gcti 0 2. The Central Permitting Director is directed to revise the zoning atlas of the City in accordance with the foregoing amendment. Sigtion . This ordinance shall take effect immediately upon adoption. subject to the approval of the land use category set forth in Ordinance No. 5918- 95 by the Pinellas County Board of County Commissioners and subject to a determination by the state land planning agency or the Administration Commission of the State of Florida, as appropriate, of compliance with the applicable requirements of the Local Government Comprehensive Planning and Land Development Regulation Act, pursuant to § 163.3189, F.S. PASSED ON FIRST READING ' October 5, 1995 PASSED ON SECOND AND FINAL READING AND ADOPTED Approved as to form and legal sufficie cy: L me a in City Attorney Rita Garvey. Mayor-Commissioner Attest: Cynthia ou eau City Clerk Ordinance No. 5919.95 LEGAL DESCRIPTION PARCEL NO. 1 (Parham Parcel) The.South 150.00 feet of Lot 1. Sunset Oaks, according to the plat thereof as recorded in Plat Book 89, Page 1, public records of Pinellas County. Florida. AND PARCEL NO. 2 (Cope Parcel) Lot 2. Sunset Oaks, according to the plat thereof as recorded in Plat Book 89. Page 1, public.records of Pinellas County, Florida. 1 I EXHIBIT A ("manta M. 51118.95 and lice. 5919--95 87 197 7 G1 f9'1 r` J Q . 93 98 q 76 19r. 71 94 97- 99 1967 1967 _ 1967 lsas ?e 75 ? 72 r sO 8 g 'g ? 19sa 9` 96 a " gt r96 r gs 96 " lao 74 1 11 90 sa ? f46a 60 r95s ?Qit? DRIVE N. G _ b V Ll a q of v. q q d z . 2p?1t1 110 109 1 108 1a 7 tab 105 t oo 1a3 1a q 2 1a1 i ?: 11 e 4 3 113fl 116 117 I .•' W 114 tt5 ` SUNSET f; a o AKS a HAU n ?+ 24/01 ,? 1?i ? '? : 1s.? c9.: =121 120;. 1413: a , 125 1967 / 1194f WELL. -66 CITY 0%Y"E:) PRc)PERTY' .880-97 t '14 1 `- ,may q ` _ I C ?• ?.. i 1 ,urw_ v- . ? ' .? - '`.'.Y ._. :-.-? ? ? .? ..r • r.. f 409 X129 ?128:.i27 126 7 - - -- ..a i sa 03.E-'y • ? 77o+-1e01 R.ti SU W 5 E T- PT ROAD SUNS RD. 76 ? a •t ! 2 -- L r,990 Y - a, z .. e:s?a.?as?aa 7 f av Tt j7 73 T ` T5, ?J -,7 ? _ ? ? 1 .. O Q O N •q O N N to N to N O Nl a1 n J n' W.S Q N Q i N q q N' N N N N N . 4 0p Q O O p ? ? N N N ? H ry ? • h p ry N N N Q ? ? N F N q N ^ N N , j ? .? as sv :a ss { sod .o .e ''s :? . .. 1881 - I PROPOSED LAND USE PLAN AMENDMENT and REZONING I NER PARPAM Et COPE LICANT -LAND USE PLAN Rom R F s I V E Q T I A C7 FFtC5 GENC R- P' L O COI•Awt GaGtat- GEh?Ea- to L• ZONING 01- c. tJ FRANK TACK PARK RCS. 73-33 OS/R j I ,AHHING and ZONING 0OAR0 Z C{ 1U.• _.0 8 LUP Q 5- 27 PROPERTY DESCRIPTION 2 PART L OT S I SUKj5ET oA ks CITY COMMISSION ECTIOH 0 TOWNSHIP 'LCt S RAN QE I E ATLAS PAGE: ? 5'3 A r item 0 oa Clearwater City Commission Meeting Date: ?rE Agenda Cover Memorandum SUBJECT: Purchase of Human Resources/Payroll Software and associated computer hardware RECOMMENDATION/MOTION: Award a contract to PeopleSoft, Inc. of Walnut Creek, CA, being the most responsive bid submitted in accordance with specifications, for the purchase of Human Resources and Payroll software, 96 training units, first year maintenance, and related implementation costs at an estimated cost of $282,505; approve the estimated expenditure of $28,185 for purchase and installation of frame relay communications equipment from General Telephone Company of Florida; approve the estimated expenditure of $45,720 for the purchase of thirteen micro computer workstations from Dell Computer, in accordance with city Code 2.564(d), other governmental bids; approve the estimated expenditure of $171,810 for Digital Equipment Corporation AXP hardware, in accordance with City Code 2.564(d), other governmental bids; financing of the computer equipment in the amount of $229,068 to be provided under the City's master lease-purchase agreement 0 and that the appropriate officials be authorized to execute some. A year ago, a committee was formed to select Human Resources/Payroll software. This committee included staff from various departments including Finance, Budget, Internal Audit, Human Resources, Police, Fire, and Information Management. The selection process included the establishment of selection criteria, attending demonstrations made by the four (4) responding vendors, and site visits to view the "short listed" two (2) software packages in an "up and running" environment. The "short listed" products were PeopleSoft and Ross. The PeopleSoft product was unanimously selected by the members of the committee. Areas where the PeopleSoft product was superior to the Ross product included: * Date Sensitivity - the PeopleSoft product provides automatic calculation of retroactive and future pay adjustments without human intervention. * Human Resources applicant tracking - the PeopleSoft product permits unlimited applicant tracking/job vacancy whereas the Ross product contained limits which were unacceptable. * Large Customer Base - the PeopleSoft product is in use by a much larger customer base than the Ross product. * The cost of the PeopleSoft product was less than the cost of the Ross product. Reviewed by: Originating Dept: Costs: $ 528,_220 Ccamission Action: Legal Finance Total O Approved u LMj S 528 220 13 approved w/conditions rchasing P , Risk Mgmt. N/A Current Fiscal Yr. © Denied cis `C User Rcpt: i © Continued to: ACM r onogcynent Information I Funding source: other Finance L-rrLA ® Capital imp. Human Resources yr7. © operating Advertise: 13 other Attachments: Date: 9/9, 9/13, 9/16, 9/23, Background/Cost Projection 10/7, 11/4, 11/25, 12/2 Projected Expenditure/Budget Paper: Tampa Tribune,Pinellas PeopleSoft Contract County Review, Wall Street Appropriation Code: Journal 315-94705-56xx00.519-000 © None Submitted bc- O Not Required 315-94722.56xx00-519-000 ' Affected Portico Notified Ci t anger 0 Not ot Required - 2 - Per the attached Background and Project Costing sheet, additional benefits from the PeopleSoft system include: * Automated vacancy tracking, performance evaluations, career development, and employee discipline * Capability of electronic document routing for approvals * on-line query * Custom report writing at the workstation level * Integration with Excel and Microsoft Word * Daytime processing and recalculation of payroll * Full integration of payroll and human resources information in one comprehensive data base Replacing the existing Payroll software will permit the retirement of the seven year old Unisys A-4 computer. The software will be installed initially on the test DEC Alpha AXP machine currently owned by the City. It will be moved to the latest model DEC Alpha machine requested as part of this agenda item which will be available in late 1995 or early 1996. Purchasing the recommended hardware per the attached Projected Expenditure/Budget sheet is mandatory to utilizing the PeopleSoft software. Implementation will begin prior to the completion of the new municipal Services Building. Once implementation is complete, the hardware and software will be transferred from the Annex to the new Municipal services building at no additional cost. The available budget for this project is currently $564,945 with funding resources of $255,000 provided from the existing lease purchase agreement and $309,945 in available cash. The total estimated project expense is divided into lease purchase equipment at $229,068 and cash expenditures estimated at $335,877. A first quarter budget amendment will be made to affect the funding change of $25,932 from lease purchase to cash, with the cash to be transferred from General Fund unappropriated fund balance. Vw City of Clearwater Payroll/Human Resources System Background and Projected Costing The Human Resources Department presently has no computer system which can be used to automate many of its major functions. The current Moore Government Payroll System has been used to automate some functions, however, its uses are limited to those processes which are payroll driven. Vacancy tracking, performance evaluations, career development, and employee discipline are manually performed, requiring much staff time and effort. Manual records are kept in various locations and are not easily compiled and summarized for management reports. The PeopleSoft integrated Human Resources/Payroll system will enable the City to eliminate much of the duplication of effort which commonly occurs as a result of any manual system. The current Moore Government Payroll System is seven (7) years old and is adequate for issuing pay checks. However, retrieval of information is cumbersome at best and in many cases impossible. Because so many tasks must be performed manually, the overall system is labor-intensive, inefficient, and ineffective by today's standards. The PeopleSoft Human Resources/Payroll System being recommended would eliminate many of these problems and provide many other advantages as well. As the information age grows, more and more demands are being made on the Payroll Division by the government, City administration, City employees, and others. The Moore System allows very limited ability to custom design reports. Only certain data fields can be accessed and presented in columnar form and none of the data can be manipulated (i.e. added, multiplied, subtracted, etc.). If the columns of data need to be added, for example, either all the data is manually transferred to a spreadsheet application where it is calculated or a payroll clerk adds the columns with an adding machine and writes the totals on the report. Since PeopleSoft is a data base system, virtually all data fields are accessible for reporting. Not only would Payroll be able to provide information, but departments with online system access would be able to query directly to the up to date system to produce screen or printed reports for themselves. In addition, the PeopleSoft System is fully integrated with the Word and Excel Programs, which are the word processing and spreadsheet applications that the City will be using. This allows the movement of information easily and accurately between applications. This feature would be a tremendous time-saver for everyone using the system. The City would also be able to strive toward a paperless personnel action (PA Sheet) processing system, another major time-saver, as well a paper-saver. Currently, processing pay checks for the regular bi-weekly payroll requires approximately 12 hours to run. Because of the extensive processing time required, this function is performed overnight. If the City were to purchase the PeopleSoft System, processing could be done during the day and if any problems were discovered, adjustments could be made and the payroll could be recalculated and reprocessed within hours. Currently, the City has no ability to recalculate a payroll. If a major problem is discovered, it is necessary to reconstruct the process jobstream by reloading the previous day's files from the backup media and starting over. The PeopleSoft System with its on-going maintenance would provide the City with a state-of-the-art Human Resource/Payroll Software System that would allow the City to provide maximum customer service. It would also provide all necessary program modifications as required by law, such as tax table changes and changes in electronic transfer of funds requirements, direct deposit requirements, federal tax levy procedures, etc. PeopleSoft is the leader in client server Human Resources/Payroll Systems with approximately 36% of current market share. It is financially very strong and won a "Best in Service Award" for 1994. This product can help the City in its reengineering efforts to accommodate the information age in which we are all working. Detail of the Application Software costs are as follows: Product List City Discount Human Resource Software $ 95,000 $ 66,500 Payroll Software 95,000 66,500 Workstation Software 20,000 14,000 Report Generator Included Included Relational Database Software License Cost for 75 users * 39,665 26,040 License Fee for Other Software - SQL Server 12,000 8,400 Total Product $261,665 $181,440 * 75 users consists of 60 users on current payroll system plus an additional 15 Human Resources users not using the current payroll system. First year maintenance will cost $10,065. The above product cost includes 96 person days of training and 4 days of software installation. The implementation package consisting of up to 400 hours of consulting services is expected to cost $60,000. Costs not included in the above amounts are travel and per diem costs associated with implementation, training and installation and any customizations that the City would require. City of Clearwater Projected BudgeVapenditure - Payroll Project File: PSOFT Total Available Cash Lease _ Budggt Balance Purchase Purchase_ Project 94722 - Payroll/Human Resources System 385,000.00 250,000.00 135,000.00 Project 94705 -- Alpha Computer -- Kaman Resources, Finance/Payroll 479,945.00 59,945.00 120,000.00 Total Available Budget 564.945,00 _ 309,945.00 __255.000.00 Estimated Expendttures SOFTWARE AND RELATED IMPLEMENTATION COSTS Total Cash Lease Software Cost Purchase Purchase Payroll/Human Resources Software 181,440.00 181,440.00 1 st Year Maintenance - Oracle 10,065.00 10,065.00 Implementation Support 60,000.00 60,000.00 Total Software Costs 251,505.00 2651 x5.00 0.00 Related Implementation Costs - PeopleSoft Travel & Hotel PeopleSoft IMPLEMENTATION staff Hotel (100 days Q 80.00) Meals Auto rental Airtare (25 trips) Total Travel & Hotel - PeopleSoft IMPLEMENTATION staff Total PeopleSoft - Software and Related Implementation Additional Estimated Expenditures Travel & Hotel -- City staff at training site Hotel (38 days Q 80.00) Meats Auto rental Airfare (13 trips) Total Travel & Hotel - City staff at training site Miscellaneous Project Expenses Total Software and Related Implementation Costs APPLICATION HARDWARE Frame Relay Installation-Frame Relay Total Frame Relay Micro Workstations & Micro Software Latest DEC Alpha Model Extended DEC Alpha Model Maintenance Total DEC Alpha Model Miscellaneous Project Expenses Total Application Hardware Grand Total Estimated Expenditures Available Budget Less Estimated Expenditures 8,000.00 8,000.00 3,500.00 3,500.00 4,500.00 4,500.00 15,000-00 15,000.00 31,000.00 31,000.00 0.00 282,505.00 282,505.00 0.00 . 3,040.00 3,040.00 1,330.00 1,330.00 4,500.00 4,500.00 7,800.00 7,80 .00 16,670.00 16,670.00 0.00 11,920.00 11,920.00 311,095.00 311,095.00 0.00 23,028.00 23,028.00 5,157.00 51157.00 28,185_00_ 5,157.00 __ 23,028.00 45,720.00 45,720-00 160,320.00 160,320.00 11,490.00 11,490.00 1711810.00 111 t490.00 _ 1601320.00 8,135.00 8,135.00 253,850.00 24,782.00 229,068.00 56A,94 5.00 33587 .7.00 229.068.00 Os00 _JR_5.Q3R0% 2S 932, 00_ Agreement # SOFTWARE END USER LICENSE AND SERVICES AGREEMENT This agreement ("Agreement") is made as of , 1995, ("Effective Date") by and between PeopleSoft, Inc. ("PeopleSoft"), a Delaware corporation having its principal place of business at 1331 North California Boulevard, Walnut Creek, California 94596, and Name: Address: ("Licensee") This Agreement, Schedules, Licensee's "RFP" Proposal #230-94, and PeopleSoft's Response to RFP 4230-94 constitute the entire agreement between the parties concerning Licensee's use of the Software. No purchase order, other ordering document, or any handwritten or typewritten text which purports to modify or supplement the printed text of this Agreement or any Schedule shall add to or vary the terms of this Agreement. All such proposed variations or additions (whether submitted by PeopleSoft or Licensee)are objected to and deemed material. This Agreement replaces and supersedes any prior verbal understandings, written communications, and representations, including any unsigned license agreement included in any package for PeopleSoft furnished software, except terms contained in such unsigned license agreement that limit usage of the Software. THE TERMS AND CONDITIONS HEREIN ARE ACCEPTED AS PART OF THIS AGREEMENT. LICENSEE PEOPLESOFT, INC. Authorized Signature Authorized Signature Printed Name and Title Printed Name and Title TERMS AND CONDITIONS 1. License _........ 1.1 PeopleSoft grants Licensee a perpetual, non-exclusive, nontransferable license to use the licensed number of copies of the Software, solely for internal data processing operations, on Server(s) at the Site up to any maximum number of applicable designated Users specified in the applicable Schedule. Any third party software products or modules provided by PeopleSoft to Licensee shall be used solely with People Soft Software. Licensee may use the Software temporarily on a machine other than the Server in the event that the Server is inoperable. Licensee may make four (4) full system backup copies of the Software solely for archive or emergency back-up purposes. Licensee may modify or merge the Software with other software with the understanding that any modifications, however extensive, shall not diminish PeopleSoft's title or interest in the Software. 1.2 PeopleSoft shall provide Licensee with one (1) copy of the Software and two (2) printed sets of Documentation. Licensee may make a reasonable number of copies of Documentation solely for Licensee's internal use with the Software provided all copyright notices are reproduced. 1.3 The aforesaid license shall include, without additional cost, a perpetual, no license to run the . applications on a separate stand alone server for purposes of testing and training only. 1.4 Licensee shall have the right to become a beneficiary to the "Sourceflex Software Source Code Escrow Agreement, Sourcefile Escrow Number 7046" between PeopleSoft and FilcSnfe, Inc. ("Source File") dated November 23, 1993, a copy of which is attached hereto and incorporated herein. 2. License Exclusions 2.1 Except as expressly authorized herein., Licensee shall not: a. copy or modify the Software; b. Cause or permit reverse compilation or reverse assembly of all or any portion of the Software; C. distribute, disclose, market, rent, lease or transfer to any third party any portion of the Software (including PeopleTools) or the Documentation, or use the Software or Documentation in any serve bureau arrangement or third party training; d. disclose the results of Software performance benchmarks to any third party without PeopleSoft's prior written notice; e. export the Software in violation of U.S. Department of Commerce export administration regulations; f. invoke support libraries other than through documented API calls; and g. use PeopleTools in a non-PeopleSoft application development environment. 2.2 No license, right, or interest in any PeopleSoft trademark, trade name, or serve mark is granted hereunder. 3. Fees and Payment Terms 3.1 Licensee shall pay PeopleSoft the fees as specified in each applicable Schedule. All shipments shall be FOB Clearwater, Florida. 3.2 Unless Licensee provides PeopleSoft with a valid tax exemption or direct pay certificate, Licensee is responsible for all taxes, duties and customs fees concerning the Software and/or services, excluding taxes based on PeopleSoft's income. Overdue payments shall bear interest at the lesser of tweive percent (12%) per annum or the maximum rate allowed under applicable law. 4. Title and Protection 4.1 PeopleSoft (or its third-party providers) retains title to all portions of the Software, any modifications to the Software developed with People Tools, and any copies thereof. Title to the physical media for the Software vests in Licensee upon delivery. The Software contains valuable proprietary information, and Licensee shall not disclose the Software to anyone other than those of its employees or consultants under nondisclosure obligations who have a need to know for purposes consistent with this Agreement and Licensee, to the extent permitted by Florida law, shall not disclose the software to anyone. Licensee shall affix to each full or partial copy of the Software made by Licensee, all copyright and proprietary information notices as affixed to the original. The obligations set forth in this paragraph shall survive termination of this Agreement. 4.2 The Software may be transferred to the U.S. government only with the separate prior written consent of PeopleSoft and solely with "Restricted Rights" as that term is defined in FAR 52.227-19(c)(2) (or DFAR 252.227-7013(c)(1) if the transfer is to a defense-related agency) or subsequent citation. 5. Patent and Copyright Indemnity PeopleSoft shall indemnify and defend Licensee against any claims that the Software infringes any United States or Canadian patent or copyright; provided that PeopleSoft is given prompt notice of such claim and is given information, reasonable assistance, and sole authority to defend or settle the claim. In the defense or settlement of the claim, PeopleSoft may obtain for Licensee the right to continue using the Software, replace or modify the Software so that it becomes noninfringing while giving equivalent performance. PeopleSoft shall have no liability if the alleged infringement is based on: (i) a modification of the Soflware by anyone other than PeopleSoft; (ii) use of the Software with equipment not listed in a Schedule; or (iii) the use of the Software other than in accordance with the Documentation. 6. Default and Termination 6.1 Any of the following shall constitute an event of default: Licensee fails to perform any of its obligations under the sections entitled "License Exclusions" or "Title and Protection"; or b. Either party fails to perform any other material obligation under this Agreement and such failure remains uncured for more than thirty (30) days after receipt of written notice thereof. 6.2 If an event of default occurs, the nondefaulting party, in addition to any other rights available to it under law or equity, may terminate this Agreement and all licenses granted hereunder by written notice to the defaulting party. Remedies shall be cumulative and there shall be no obligation to exercise a particular remedy. 6.3 Within fifteen (15) days after termination of this Agreement, Licensee shall certify in writing to PeopleSoft that all copies of the Software in any form, including partial copies within modified versions, have been destroyed or returned to PeopleSoft. 7. Limited Warranty PeopleSoft warrants that it has title to the Software and the authority to grant licenses to use the Software. PeopleSoft warrants that the Software will perform substantially in accordance with the Documentation for a period of one (1) year from the date of installation. PeopleSoft's sole obligation is limited to repair or replacement of the defective Software, provided Licensee notifies PeopleSoft of the deficiency within the one-yearperiod and provided Licenseehas installed all Software updates provided by PeopleSoft's Software Support Services. EXCEPT FOR THOSE GUARANTEES, WARRANTIES, FUNCTIONS AND CAPABILITIES SET FORTH IN THE REQUEST FOR PROPOSAL # , A COPY ORF WHICH IS ATTACHED HERETO, PEOPLESOFT DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. 8. Limitation of Liability PEOPLESOFT WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOST DATA OR LOST PROFITS, HOWEVER ARISING, EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, EXCLUDING DAMAGES INCURRED UNDER THE ARTICLE ENTITLED "PATENT AND COPYRIGHT INDEMNITY", PEOPLESOFT'S LIABILITY FOR DAMAGES UNDER THIS AGREEMENT SHALL IN NO EVENT EXCEED THE AMOUNT PAID BY LICENSEE TO PEOPLESOFT FOR THE SOFTWARE OR THE SERVICES FROM WHICH THE CLAIM AROSE, THE PARTIES AGREE TO THE ALLOCATION OF LIABILITY RISK WHICH IS SET NORTH IN THIS SECTION. 9. Software Support Services Terms and Conditions On the Effective Date, PeopleSoft shall provide Licensee with one (1) year of software support services as described in PeopleSoft's standard Software Support Services Terms and Conditions (receipt of which is hereby acknowledged). After the first year, Licensee may elect to acquire Software Support Services by paying PeopleSoft the then current applicable fees. 10. On-Site Support PeopleSoft shall provide Licensee with support at the Site for the Software as set forth in the Schedule. For a period of six-(6) months from the Effective Date, support days not used during the installation phase maybe used far other implementation support. Licensee shall reimburse PeopleSoft for all reasonable travel and living expenses associated with any installation and support. As of the effective date as calculated by the following formula - Hotel/motel Qa $80.00 per night, meals @ $35.00 per day, car rental Q 545.00 per day, and coach airfare. 11. Training PeopleSoft shall provide Licensee with the number of training units set forth in the Schedule for use at a PeopleSoft Training Facility. Licensee may use training units for Site training as the parties mutually agree in writing. Licensee must use these training units within one (1) year from the Effective Date. 12. Notices All notices shall be in writing and sent by first class mail, overnight mail, courier, or transmitted by facsimile (if confirmed by such mailing), to the addresses indicated on the first page of this Agreement, or such other address as either party may indicate by at least ten (10) days prior written notice to the other party. Notices to PeopleSoft shall be sent to the Legal Department. B. Assignment Licensee may not assign this Agreement (by operation of law or otherwise) or sublicense the Software without the prior written consent of PeopleSoft, and any prohibited assignment or sublicense shall be :full and void. PeopleSoft may not assign the Agreement (by operation of law or otherwise) except in the event of merger or acquisition. 14. Nondisclosure Obligation 14.1 To the extent permitted by Florida law the The terms, conditions, pricing and any other information clearly marked "confidential" under this Agreement are confidential and shall not be disclosed, orally or in writing by Licensee to any third party without the prior written consent of PeopleSoft. 14? To the extent permitted by Florida law Licensee shall protect the Software with at least the same degree of care and confidentiality which Licensee utilizes for similar Licensee information which it does not wish disclosed to the public. Licensee may provide access to and use of the Software only to those third parties, (undertaking similar nondisclosure obligations), providing services concerning Licensee's use of the Software. 15. General 4 This Agreement is made in and shall be governed by the laws of the State of Florida, excluding choice of law principles. Venue shall be in Florida. The section headings herein are provided for convenience only and have no substantive effect on the construction of this Agreement. Except for Licensee's obligation to pay PeopleSoft, neither party shall be liable for any failure to perform due to causes beyond its reasonable control. If any provision of this Agreement is held to be unenforceable, this Agreement shall be construed without such provision. The failure by a parry to exercise any right hereunder shall no operate as a waiver of such party's right to exercise such right or any other right in the future. Except for actions for nonpayment or breach of PeopleSoft's proprietary rights in the Software, no action regardless of form, arising out of this Agreement may be brought by either parry more than one year after the cause of action has accrued. This Agreement may be amended only by a written document executed by a duly authorized representative of each of the parties. This Agreement may be executed in counterparts. 'To expedite order processing. Transmitted Copies are considered documents equivalent to original documents. 16. Definitions "Documentation" means only technical publications relating to the use of the Software, such as reference, user, installation, systems administrator and technical guides, delivered by PeopleSoft to Licensee. "PeopleTools" means the underlying architecture from which the Software is designed, and includes software application programming tools and code. "Schedules" means the product schedules which specifically reference this Agreement and which have been executed by the parties. "Server" means a single database or file server which may be accessed by a network of personal computers. "Site" means a specific, physical location of Licensee's Server as set forth in the applicable Schedule or such new site th elocation of which Licensee shall notify PeopleSoft. "Software" means all or any portion of the binary computer software programs (including corresponding source code) provided by PeopleSoft or made by Licensee with People5oft's prior written consent, in machine-readable form and including all listed in the applicable Schedule and all corrections or updates thereto. Software includes the third-party software as identified in the Schedule. Software does not include source code to PeopleTools. "Transmitted Copies" means this Agreement, Schedules and other ordering documents which (i) contain no modifications or amendments to this Agreement; (ii) are copied or reproduced and transmitted via photocopy, facsimile or process that accurately transmits the original documents; and (iii) are accepted by PeopleSof3. "User" means an individual authorized by Licensee to use Software on the Server. I Agreement # SCHEDULE TO SOFTWARE END USER LICENSE AND SERVICE AGREEMENT (PeopleSoft HRMS) This Schedule is made as of , 1995 ("Schedule Effective Date") by and between PeopleSoft, Inc. ("PeopleSoft") and ("Licensee"). This Schedule is part of the License Agreement # between the parties dated , 1445 ("Agreement"). PeopleSoft's standard Support Services Terms and Conditions shall be a part of this Schedule only in the event Licensee elects to purchase Support Services. Capitalized terms used herein shall have the same meaning ascribed to them in the Agreement. Handwritten or typewritten text (other than information which is specifically called for in the spaces provided) which purports to modify or supplement the printed text of this Schedule shall have no effect and shall not add to or vary the terms of the Agreement. All such additions (whether submitted by Licensee or PeopleSoft) are objectionable and deemed material. ACCEPTED BY: LICENSEE Authorized Signature Printed Name and Title Per Copy License Fee HRMS Sofhvare Human Resources Benefits Administration FSA Administration Payroll Payroll Interface ACCEPTED BY: PEOPLESOFT, INC. Authorized Signature Printed Name and Title Production Test & License Copies Development Fee Codes X 1 $66,500 I I 66 SOD _ Subtotal from Page 1: Subtotal from Page 2: TOTAL FEES: Database Version: Oracle Operating System: Hardware Model: T.B.A. Depending on the Database Version licensed, Licensee receives the applicable items listed below: 6 -Qty-.- DB2 Rdb2 SOLBase SOL Server All Other Database 1 NIA NIA included NIA NIA PeopleTools-Restricted Development 1 included included included included included Training Units 96 included included included included included Support Days' included included included included included Documentation 2 included included included included included ADDITIONAL SOFTWARE/SERVICES Software/Service SQLBasc RDBMS Multi-User SQLHost' SQLGateway' Workstation Access (includes base application access, Workstation SQR, QueryLink, Crystal, n Vision). Server SQR Training Units PeopleTools - General Dev.s Other: Manufacturer Per Item Fee Quantity Fee Gupta Technologies, Inc. Gupta Technologies, Inc. Gupta Technologies, Inc. PeopleSoft, Inc. _$14,000 unlimited 14,000 Sybase, Inc./MIll Crystal Computer Services Sybase, Inc./M111 $8,400__ 1 ? $8.400 PeopleSoft, Inc. PeopleSoft, Inc. Subtotal of Page Z: S Payment terms: Licensee shall pay People Soft ninsty (P4°,? fifty 50% percent of license fees on the Schedule Effective Date and teR (I °' ,_fifty (S0%) percent upon the ear-li@F 9 the Software installation date eiz sixty (60) days 40M 4h-- gffecrtiYe Date All fees are payable in U.S. dollars and sent to the attention of PeopleSoft's Accounts receivable Department. Software Support Services Renewal Terms: After the initial year of the Schedule Effective Date, Licensee shall pay PeopleSoft an annual support Services fee of seventeen percent (17%) of the then current license fee for the Software listed on this Schedule. Thereafter, 'One (1) Support Day is equivalent to an eight (8) hour work day. 'The server version of SQR must be licensed. 3Each Mainframe (DB2) copy of SQLHost (includes one SQL Gateway) may be licensed for an additional license fee of $25,000 per copy. 4Each additional SQL gateway to D132 may be licensed for $4,000 per gateway. sPeopleTools for general development shall be used solely to develop applications for Licensee's internal systems. Licensee shall not market or distribute such applications. Any third party software required by Licensee must be licensed directly from PeopleSoft or the manufacturer. 7 LICENSEE SITE ADDRESS BILL TO ADDRESS SHIP TO ADDRESS Contact Name: Contact Name: Contact Name: Phone No. Phone No. Phone No. Fax No. Fax No. Fax No. P.O. Box No.: 1. LICENSEE TRAINING ADMINISTRATOR CORRESPONDENT Contact Name: Contact Name: Phone No. Phone No. Fax No. Fax NO. 8 SOFTWARE SUPPORT SERVICES Terms and Conditions Software Support Services "Terms and Conditions ("Support Services") are referenced in and incorporated into the License Agreement between PeopleSoft and Licensee. PeopleSoft reserves the right to modify the terms and conditions of Support Services on an annual basis to reflect current market conditions. 1. Coverage PeopleSoft provides Licensee with Support Services for the Software in consideration for Licensee's payment of the applicable fees to Peoplesoft. 2. Software Maintenance The following technical and functional improvements will be issued periodically by PeopleSoft to improve Software operations: a. Fixes to Errors; b. Updates; and C. Enhancements contained within new releases. 3. Priority Level of Errors PeopleSoft shall reasonably determine the priority level of Error. PeopleSoft uses the following protocols: Priority A Errors: PeopleSoft promptly initiates the following procedures: (1) assign senior PeopleSoft specialists to correct the Error, (2) provide ongoing communication on the status of the corrections; and (3) immediately commence to provide a Workaround or a Fix. Priority B Errors; (1) PeopleSoft assigns a PeopleSoft specialist to commence correction of Error and (2) Provide escalation procedures as reasonably determined by PeopleSoft support staff. PeopleSoft exercises all commercially reasonable efforts to include the Fix for the Error in the next Software maintenance release, Priority C Errors: PeopleSoft may include the Fix for the Error in the next major Software release. 4. Telephone Support PeopleSoft provides telephone technical support concerning installation and use of the Software, Except for designated holidays, standard telephone support hours are Monday through Friday, 6:00 a,m. to 6:30 p.m. Pacific Time. Telephone Support is available 24-hour, 7-days a week for in-production customers who need to resolve critical production problems outside of normal support hours. 5. Account Massager PeopleSoft assigns an account manager to assist the on-going support relationship. A reasonableamount of account manager on-Site time is included in the annual Support Services fee. Licensee will reimburse PeopleSoft for the reasonable travel and living expenses of the account manager for on-Site activity. 6. PS/FORUM a. PS/Forum on-line bulletin board system features postings by PeopleSoft and PeopleSoft Software users regarding technical and non-technical topics of interest. Licensee shall access PS/Forum solely through Licensee's CompuServe services account. At Licensee's own expense, Licensee shall acquire the CompuServe and a license to use Lotus Notes. b. All maintenance releases and program fixes to the Software may be delivered to Licensee through PS/Forum. All information specified in PS(Forum by PeopleSoft is confidential and proprictaryto PeopleSoft and shall only be used in connection with Licensee's use of the Software and informational communications with other PS/Forum 9 participants. PeopleSoft reserves the right to modify information posted to PS/Forum. PeopleSoft shall have the right to publish and distribute only through PS/Forum in all languages and in association with Licensee's name any material or software programs provided by Licensee to PS/Forum. Licensee shall not use PS/Forum for advertising or public relations purposes and shall only submit information to PS/Forum which is owned by Licensee or which Licensee has third party permission to submit to PS/Forum for use by all other PS/Forum users. In the interest of diminishing exposure to software viruses, PeopleSoft tests and scans for software viruses all information entered by PeopleSoft prior to submission of information to PS/Forum. Licensee shall also use a reliable virus detection system on any software or information posted to PS/Forum, utilize back-up procedures, monitor access to PS/Forum, promptly notify PeopleSoft of any virus detected within Licensee's systems associated with PS/Forum and generally exercise a reasonable degree of caution when utilizing information from PS/Forum. PeopleSoft does not warrant that PS1Forum will operate without interruption or without errors. PeopleSoft reserves the right to modify or suspend PS/Forum service in connection with PeopleSoft's provision for Support Services. 7. Fees THE FIRST YEAR OF SUPPORT SERVICES IS INCLUDED IN THE SOFTWARE LICENSE FEES, THEREAFTER, IN THE EVENT LICENSEE ELECTS TO CONTINUE TO RECEIVE SUPPORT SERVICES, LICENSEE SHALL PAY PEOPLESOFT THE THEN CURRENT ANNUAL SUPPORT SERVICES FEE. SUPPORT SERVICES ARE BILLED ON AN ANNUAL BASIS, PAYABLE IN ADVANCE. LICENSEE SHALL BE RESPONSIBLE FOR ALL TAXES ASSOCIATED WITH SUPPORT SERVICES, OTHER THAN TAXES BASED ON PEOPLESOFT'S INCOME UNLESS LICENSEE PROVIDES PEOPLESOFT WITH A VALID TAX EXEMPTION CERTIFICATE. LICENSEE'S PAYMENT SHALL BE DUE WITHIN THIRTY (30) DAYS OF RECEIPT OF THE PEOPLESOFT INVOICE. Should Licensee elect not to renew Support Services and subsequently request Support Services, PeopleSoft shall reinstate Support Services only after Licensee pays PeopleSoft the annual then current fee plus all cumulative fees that would have been payable had Licensee not suspended Support Services. 8. Terms and Termination Unless a shorter term is agreed to in writing by both parties, Support Services shall be provided for one (1) year from the Agreement Effective Date and shall be extended each additional year unless terminated by either party. Each one (1) year term shall commence on the anniversary of the Agreement Effective Date. Either party may terminate the Support Services provisions at the end of the original term or at the end of any renewal term by giving the other party written notice at least ninety (90) days prior to the end of any term. In the event Licensee fails to make payment pursuant to the section titled "Fees", or in the event Licensee breaches the Support Services provisions and such breach has not been cured within thirty (30) days of written receipt of notice of breach, PeopleSoft may suspend or cancel Support Services. 9. Exclusions PeopleSoft shall have no obligation to support: a. Altered, damaged or substantially modified Software; b. Software that is not the then-current or Previous Sequential Release; C. Errors caused by Licensee's negligence, hardware malfunction or other causes beyond the reasonable control of PeopleSoft; d. Software installed in a hardware or operating environment not supported by PeopleSoft; and C. Third parry software not licensed through PeopleSoft. 10. General All Updates provided to Licensee are subject to the terms and conditions of the Agreement. PeopleSoft shall not be liable for any failure or delay in performance of the Support Services due to causes beyond its reasonable 10 i control.' Any illegal or unenforceable provision shall be severed from these Terms and Conditions. Licensee agrees that any information received pursuant to these Terms and Conditions shall be deemed subject to the non-disclosure obligations set forth in the Agreement. The Support Services Terms and Conditions states the entire agreement of PeopleSoft's provision of Support Services to Licensee and may only be amended by a written amendment executed by both parties. M Definitions Unless otherwise defined herein, capitalized terms used herein shall have the same meaning as set forth in the Agreement and applicable Schedule. "Enhancement" means technical or functional additions to the Software to improve software functionality and/or operations. Enhancements are delivered with new releases of the Software. "Error" means a malfunction in the Software which significantly degrades the use of the Software. "Fix" means the repair or replacement of source or object or executable code versions of the Software to remedy an Error. "Previous Sequential Release" means the release of Software for use in a particular operating environment which has bene replaced by a subsequent release of the Software in the same operating environment. A Previous Sequential Release will be supported by PeopleSoft for a period of fifteen (15) months after release of the subsequent release. "Priority A" means an Error that: (1) renders the Software inoperative; or (2) causes the Software to fail catastrophically. "Priority B" means an Error that significantly degrades performance of the Software or materially restricts Licensee's use of the Software. "Priority C" means an Error that causes only a minor impact of the use of the Software. "Update" means all published revisions to the printed documentation and one (1) copy of the new release of the Software which are not designated by PeopleSoft as new products for which it charges separately. "Workaround" means a change in the procedures followed or data supplied to avoid an Error without significantly impairing performance of the Software. f AGENDA I?A7E ? !L Y• >L•e !fit I t, SEIt'l?? 1 t em # Clearwater City Commission Meeting Date: agenda Cover Memorandum ?rrtl SUBJECT: Purchase of 41 Vehicles for Fiscal Year 1995/96 RECOMMENDATION/MOTION: Award a contract to the following: Don Reid Ford, Inc., Maitland, FL, for the purchase of 22 marked 1996 Ford Crown Victoria patrol units, at a cost of $458,936 and 5 1996 Ford Taurus 4-door intermediate sedans, at a cost of $78,290; Plaza Jeep -Eagle-Isuzu, Leesburg, FL, for the purchase of 3 1996 Eagle Vision 4-door full-size sedans, at a cost of $50,864.65; Regency Dodge, Inc., Jacksonville, FL, for the purchase of 7 1996 Dodge Dakota 1/4--ton 4x2 pickups, at a cost of $83,481.00 and 3 1996 Dodge Ram LT 1/2-ton 4x2 pickups, at a cost of $41,371; Brandon Chrysler Plymouth Jeep Eagle, Inc., Brandon, FL, for the purchase of 1 1996 Jeep Cherokee 4x2 utility vehicle, at a cost of $18,391.01; for a total price not to exceed $731,333.66; which is the lowest, most responsive and responsible bid submitted to the Florida Sheriffs Association Bid No. 95-03-0925 in accordance with Section 2.564(1)(d) of the Clearwater Code of Ordinances; and award an administrative fee of $2,050 or $50/vehicle to the Florida Sheriffs Association; the total cost of this purchase not to exceed $733,383.66; financing to be provided under the City's master lease-purchase agreement, ® and that the appropriate officials be authorized to execute some. BACKGROUND: Staff is experiencing the same difficulties with new vehicle procurement as in the prior year. The Purchasing Manager has advised that the ability to procure police package vehicles and light trucks may not be possible due to the following: (a) General. Motors cannot be relied upon to deliver vehicles during this fiscal year--the city experienced the same delivery problems last fiscal year with General Motors vendors e.g., Sunshine Chevrolet-Oldsmobile, etc.; and (b) 80% of the pursuit vehicles manufactured by Ford were sold by October 13, 1995. Based upon this information, the Purchasing Manager recommends the immediate procurement of vehicles and light trucks, if possible, from the dealers included in Florida Sheriffs Association Bid No. 95--03--0925. The Florida Sheriffs Association conducts a statewide competitive bid for vehicles to include both police pursuit and administrative non-pursuit vehicles. This bid is extended to all municipalities and/or police agencies within the State of Florida. The General Services Department has selected the lowest, most responsive bid from this contract. Reviewed by: Originating Dept: Costs: s 733.383.66 Co mission Action: Legal N A Geneve l Services Total ? Approved Budget S 218 959 84 17 Approved w/conditions Purchasing , . Risk Mgmt. H/A Current fiscal Yr. ? Denied cis N/A User Dept- ? Continued to: ACM a lour runding Source: other -P.W. it as r k 0 Capital Imp. Adverti%L-4 0 Operating Attachments: Date: ? Other Paper: D Not Required m None Submitted by: ' Affected Parties Appropriation Code: 0 Notified see above ? n ? Not Rrqui reef t city C.1 Printed on recycied paper - 2 - Last year, the Florida Sheriff's Association's contract was actually mare economical than State contract pricing (state contract pricing for this fiscal year will be available between mid-November 1995 through mid-January 1996). At that time, it will be impossible to purchase 1996 Ford pursuit vehicles with police packages, light trucks, etc. This purchase involves 41 vehicles--29 are replacement vehicles (including a totalled sedan and one upgrade) ; 12 are additional vehicles. Replacement vehicles are budgeted in project Motorized Equipment--Lease Purchase, 315-94221-564100-590- 000. Both replacement and additional vehicles were approved by the city commission during its 1995/96 budget hearings. Twenty-two patrol pursuit Ford Crown Victoria vehicles: 14 replace G86, G87 & G103--1989 Fords, G91, G97, G105, G106, G107 & G108--1990 Chevrolets, G208--1985 Dodge, G117---1981 Chevrolet, G119--1988 Dodge, G203--1987 Jeep, and G204--1986 Dodge. The remaining 8 patrol vehicles are additional equipment and needed to support the community-oriented policing program and associated grant-funded positions; the additional vehicles would also alleviate the overall shortage of patrol vehicles being experienced at this time. Funding will be provided for additional and replacement vehicles by the General Services Motorized Equipment— Lease Purchase fund. Three 4-door Eagle Vision full-size sedans replace G20---1987 Chevrolet and 61040-- 1989 Ford; the remaining vehicle is an additional full-size sedan for the Gas Department. Funding for the additional vehicle ($16,996.55 plus $50 fee) will be transferred during the first quarter budget amendment from 341-96303 to project code Pinellas Gas Building & Equipment, 341-96305-591000-581-000. Five 4-door Ford Taurus intermediate sedans replace G14--1985 Buick; G17--1986 Pontiac; G19--1986 Ford; G499--1985 Chevrolet; and G-936--1989 Ford (this vehicle was assigned to the Library Department and totalled on August 19, 1995; Risk Management has authorized partial funding [$3,525] from the Central Insurance Fund, 590-07000-545900-519-000 to replace this vehicle. The remaining balance for this vehicle ($12,177) will be funded by General Services' replacement fund for Motorized Equipment--Lease Purchase, 315-94221-564100-590-000. Seven Dodge Dakota 1/4-ton 4x2 pickups replace G293, G294 and G703--1985 Chevrolet 1/4-ton pickup; G1346--1986 Ford; G534--1989 Ford; and G414--1939 GMC. The remaining truck is an additional 1/4-ton pickup for Engineering/Water Pollution Control Division; funding in the amount of $11,928.00 ($11,878.00 plus $50 fee) is available in Engineering/WPC, Wastewater Treatment Plants, Operations, 421- 01351-591000-581-000, which has an available balance of $15,000 as of October 17, 1995. One Jeep Cherokee 4x2 utility vehicle is a replacement/ upgrade for G988--1987 Ford 1/4-ton 4x2 pickup. Funding for the upgrade ($6,513.01) is available in project, Public Works/Water Distribution code: 421-02051-591000-581-000, which has an available balance of $28,600 as of October 17, 1995. Three Dodge Ram 1/2-ton 4x2 pickups--1 is a replacement/upgrade for G429--1985 Chevrolet. The replacement/upgrade is for the Public Works/Sanitary Lift Stations; funding for the upgrade ($1,934.00) is available in the Public Works/Sanitary Lift Stations, Garage Variable code, 421-01347--591000-581-000 which has an available balance of $16,446 as of October 17, 1995. Two Dodge Ram 1/2-ton trucks are additional equipment for the General Services and the Gas Department. Funding in the amount of $13,862 ($13,812 plus $50 fee) is available in General Services/ Building & Maintenance Contribution to Garage Fund, 565-06531-591000-581- i - 3 - 000 which has an available balance of $35,000 as of October 17, 1995. Gas' additional 1/2-ton pickup is for its gas expansion operations in Pasco county. The Gas Department will fund ($13,747 plus $50 fee) as follows: a first quarter budget amendment will be, made to transfer $13,797 from Gas Revenue to capital Project 315-96322-591000-581-000 to fund this purchase. The transfer of gas revenues for this project is, in effectt a loan from the city's cash pool to Gas Revenue fund and is anticipated to be an interim solution as these monies will be -reimbursed to the Gas Fund once the new bond monies are available and the Gas System Bond Funds established. Funding for replacement vehicles, in the amount of $664,778.10 ($662,928.10 for replacements and administrative fee of $1,850),, is budgeted in project Motorized Equipment-Lease Purchase, 315-94221-564100--590-000, which has available funds of $1,534,200 as,of October 18, 1995. Fiscal year 1995/96 budgetary impact is approximately $150,354 (principal: $124,335; interest: $26,019). • ??, ji?'Ir. 1 .i'%U-II ,yl..l ?I1::>V:a.IV Jf?UIIV..+ 1+l/' Vi.r.I bI CITY OF cLr=ARWATER - QE Capital Installment Sala and Purchase Amortizntlcn 5ohodulo Exhlbit A Mau or Agraemant Dated Septembar 7, 1996 Sch%fdule Number: 96-XX Equ$rnont Doscriptlon: VEHICLES Chato Dcbt Service to: Total Purchaoa Price: $664,778.10 Contract Data: 12/01/95 First Payment Data: 12/30/95 # Denys to First Payment: 30 Index Rate In Percent: 5.88 Contract Rate percent: 5,1450 Number nut, h r Pmt Date Total Pmt Interest Principal Princ Bal -------- --------- -------- ------- ------ 12/,31/95 37,588.57 2,860,24 34,738.33 630,039.77 3/31/86 37,688.67 8,103.89 29,484.68 600,555.09 6/30196 37,58857 7,724.64 29,863.93 570,691,16 9/30/96 37,688.67 7,340.52 30,248,05 540,443.11 12/01/96 37,586.57 6,951.45 30,637.12 509,806.99 3/31/97 37,5BB.57 6,657.38 31,031.19 478,774.80 6130/97 37,588.57 6,158.24 31,430.33 447,344.47 9/iON7 37,588.67 5,753.97 31,834.60 415,509.87 121,031/97 / 37,588.57 5,344,50 32,244.07 383,265.80 3 1/98 37,588,57 4,929.76 32,658.81 4 350,606.99 6/50/96 37,588.57 4,509.68 33,078,89. 317,628.10 9/30198 37,588.57 4,084.21 33,604.36 284,023.74 i2/31/98 37,588.57 3,653.26 33,935.31 250,088.43 3/31/59 37,$88.57 3,216.76 34,371.81 215,716.62 6/30/99 37,588.57 2,774.60 34,813.91 160,902.71 9/60109 37,558,57 2,326,86 35,261.71 145,641.00 12,031 /99 37,508.57 1,873.31 36,715.26 109,925.74 3/31/00 37,588.57 1,413.92 36,174.65 73,751.09 6130100 37,588.57 948.62 36,639.95 37,111.14 9/30/00 37,588.67 477.34 37,111.23 (0.09) Adjustment 0.09 (0,09) 0.00 Total, ------------- 751,771.40 ------ --- 86,993,30 --------- 664,778.10 -------- '..4 o WaAQ1Ci=.L'= = ._a^J7ane1 W== ".1'==22=== Totals by Fiscal Year Flscil 96-96 150,364.28 Fisoll 96-97 150,354.28 Fiscal 97-98 150,354.28 Fiscal 98-99 150,354,28 Fiscal 99-00 150,354.28 26,019.29 124,334.99 25, 421.04 124,9$3.24 18,866.15 131,4,86.13 11,971.54 138,382.74 4,713.28 145,641,00 ------------------------------ 751,771.40 86,993.30 664,776.10 OSZ9 F9h IrIB : 'ON -9I.1011d I d I-IHSP-: I i S6f I *43 '100 3D1,1N1,1 l d 89.lbf j8Ua-j2? : 1408.1 CITY O CLEARWATER GM ??.?• irricr•officc Gurrespurrderrce Street 'I'U: Llizabctlti M. I]cpliila, City Manager DRUM: 1'?illi:1in 0. I3i~Gencral Services Director C0111ES: j t SUBJECT: 41 Vehicle Agenda Iterrr--CI'T'Y MANAGER BACKUP DATE: October 18, 1995 Please note that the verbiage concerning future funding for the Gas Department was provided, by Bob Bublita, Gas Department's Controller. Any questions concerning this department's funding/borrowing should be addressed to him. 4 Thank you. WOMpat Attachment (10/13195 memo from George McKibben) i C 1 1' X O F C L, C A R W A T E R interdepartmental Correspondence Sheet TO: Bill Baird, Director/General Services FROM: George McKibben, Purchasing Manager COPIES: Margaret Simmons, Director/Finance SUBJECT: 1995/96 Light Truck Availability DATE: October 13, 1995 Purchasing has received correspondence from General Motors that light trucks will be in extreme low supply until the Arlington factory is converted in 1998 (1999 model year). Unti.l that time, fleet customers orders will be accepted on a "will try" basis only. General. Motors recommended all orders be submitted as early, as possible, but will not commit to availability. General Motors has not delivered many of, the vehicles ordered within their established cut-off period for the past two years, let- alone any "will try's". Ford light truck production for model year. 1996 ends in December 1995. The 1997 model is completely new. Orders for the 1996 F-Series may be accepted until. November 30, 1995. The "may" really means that orders will be accepted until production is sold out. The 1997 model year vehicles will not be available for fleet customers (fleet pricing and equipped) until dealer demand is met. The new F-Series is expected to be in t11GU demand. Pursuit vehicles are available only from Ford in the ].996 model year. Lou Auerback from Carlisle Ford called yesterday VI to inform us that 80% of the pursuit vehicles available in the :1996 model year have been sold. 'rhe Florida Sheriff's Association also warns that orders after November 30, 1995 tray slot; be accepted. The Florida Sheriff's bid indicates that orders recn.i.ved before November 15, 1995 qualify for a $400.00 discount:. Orders after November. 15 do not receive the discount and may not be accepted at all if production is sold out. Dodge is still unable to meet fleet demand due to dealer inventory requirements (dealer requirements are more profitable). Dodge wi.:ll not bid fleet- sales. 10 Fey* I F The Cl.orida Sheriff's Association bid is available for immediate use: I recommend i.mmadiFate procurement if at all ponsible. The Florida State Contract- is due in December, however, in usually not approved until. January. Light- trucks will riot: be available at that time. Local dealers. normally will not bid fleet sales to governmental customers until the State Contract is posted. Heavy trucks and administrative sedans can probably wait. Now can we help? Please let us know. Thanks. 1 i i; REMM(n) I DATE: October 16. 1995 FLORIDA SHERIFFS ASSOCIATION P. O. Box 12519 - Tallahassee. FL 32317-2519 PHONE (9041877-2165 - FAX (904) 878-8665 TO: ALL PROSPECTWE PARTICIPANTS FROM: Gary Perkins Deputy Executive Director/Vehicle Bid Coordinator RE: PURCHASE OF 1996 MODEL YEAR FULL SIZE PURSUIT VEHICLES & MID. SIZE PURSUIT VEHICLES If you haven't placed your order(s) for the 1996 model year full size and/or mid size pursuit vehicles, you need to do so TODAY) While Ford has announced a November 30, 1995 cutoff date, they are only producing 51.000 Crown Victoria pursuit vehicles during their regular production period. Eighty percent (80%) of these vehicles have already been obligated. General Motors and Chrysler Corporation had not announced their cutoff dates as of this writing. However, General Motors is only producing 15,000 Lumina mid size pursuit vehicles nationwide, and they are going fastf Agencies interested in purchasing the Ford Crown Victoria pursuit vehicle from the Florida Sheriffs Cooperative Bid No. 95-03-0925 are reminded that they must have their orders into Ford on, or before November 15, 1995, to qualify for Ford's $400.00 "Early Order Incentive Program" (Option Code 60P). Our Ford dealers are encouraging you to have your order to them at least a week prior to the deadline so that they will have time to enter everything in the computer. This additional $400.00 discount off the unit price per base vehicle is only available for orders placed from bids that were opened on or before September 25, 1995. Since the FSA's bid opening took place on September 25, 1995 at 2:00 p.m., it meets this requirement. Purchases made from this contract on or before November 15, 1995 will qualify for the additional $400.00 discount. (The $400.00 discount applied only to Specification #01 - Full Size Police Pursuit Vehicles.) Orders received by Ford after November 15, 1995 or placed off bid contracts opened after September 25, 1995 will not qualify for this additional $400.00 discount. For further details, agencies interested in taking advantage of this limited offer should contact the Ford dealer listed in the zone from which they wish to purchase iMmediatcly. t MEMO - All Prospective Participants Early Order Information ` October 16, 1995 Page 2 The Florida Sheriffs Association's Bid Award for full size pursuit vehicles is as follows: CORD CROWN VICTORIA FULL SIZE POLICE PMRSUIT_ VEHICLES jSvccification #011: Base Unit Additional Base Unit Price After Discount Price Before Name of Deslerehip Zone Nov. 15, 1995 $400.00 Nov. 15, 1995 Key Ford, Inc.* Western $17,994.00 - - 0 - _ $17,994.00 Ocala Motors Northern $18,539.00 - $400.00 = $18,139.00 Don Reid Ford, Inc. Central $18,525.00 - $400.00 = $18,125.00 Bill Currie Ford Southern $18,627.00 - $400.00 = $18,227.00 'NOTE: $400.00 discount is already included in Key Ford's base unit price. Complete bid award information packets were placed in the mail on Friday, October 6, 1995. If you have not received your copy and would like one, please contact Lynn Meek with the FSA at 904/877-2165. CORRECTION: Please note that we made a numerical listing error on page 13 of FSA's Bid Award. Under "Add Options" for Don Reid Ford - we listed their EVW 5/70 Extended Warranty at $570.00. The correct amount is $2,255.00. Also, Ford is not offering a 6/100 Extended Warranty this year for the full size pursuit vehicles -- so the prices listed for Ocala Motors and Don Reid Ford are not applicable. GEP:1m HADATA1123FILEMMOSKUMIM96-0 i.WK 1 Number Run CITY OF CLEARWATER -- GE Capital Installment Sate and Purchase Amortization Schedule Exhibit A Master Agreement Dated September 7, 1995 Schedule Number: 96-XX Equipment Description: VEHICLES Charge Debt Service to: Total Purchase Price: $674,494.67 Contract Date: 10/30/95 First Payment Date: 12/30/95 # Days to First Payment: 60 Index Rate in Percent: 5.92 Contract Hate Percent: 5.1800 Pmt Date -------- -- Total Pmt ------- Interest -------- - Principal -------- Pricc Sal --------- 12/31195 38,333.04 5,623.14 32,509.90 641,984.77 3131/96 38,333.04 8,313.70 30,019.34 611,965.43 6/3OM6 38,333.04 7,924.95 30,408.09 581,557.34 9130196 38,333.04 7,531.17 30,801.87 550,755.47 12/31/96 38,333.04 7,132.28 31,200.76 519,554.71 3/31/97 38,333.04 6,728.23 31,604.81 487,949.90 6/30/97 38,333.04 6,318.95 32,0'14.09 455,935.81 9/30/97 38,333.04 5,904.37 32,428.67 423,507.14 12131/97 38,333.04 5,484.42 32,848.62 390,658.52 3131/98 38,333.04 5,059.03 33,274.01 357,384.51 6/30/98 38,333.04 4,628.13 33,704.91 323,679.60 9/30/98 38,333.04 4,191.65 34,141.39 289,538.21 12131/98 38,333.04 3,749.52 34,583,52 254,954.69 3/31/99 38,333.04 3,301.66 35,031.38 219,923.31 6/30/99 38,333.04 2,848.01 35,485.03 184,438.28 9/30/99 38,333.04 2,388.48 35,944.56 148,493.72 12/31/99 38,333.04 1,922.99 36,410.05 112,083.67 3131100 38,333.04 1,451.48 36,881.56 75,20211 6/30/00 38,333.04 973.87 37,359.17 37,842.94 9130/00 38,333.04 490.07 37,842.97 (0.03) Adjustment 0.03 (0.03) 0.00 Totals -- 766,660.80 ------- 920166.13. ---------- - 674,494.67 ---------- --------- Totals by Fiscal Year Fiscal 95--96 153,332.16 29,592,96 123,739.20 Fiscal96--97 153,332.16 26,063.83 127,248.33 Fiscal 97--98 153,332.16 19,363.23 133,968,93 Fiscal 98-99 '153,332A6 12,287.67 141,044.49 Fiscal 99--00 153,332.16 4,838.44 148,493.72 t ------------------------------ 766,660,60 92,166.13 674,494.67 .i.. CLEARWATER CITY COMMISSION Agenda Cover Memorandum item a _ .... 1 11.a.75 MeaNng Data: SUBJECT: LIGHTING SYSTEM REPLACEMENT AT FRANK TACK PARK RECORHENDATxON/MOTION: Award a contract to purchase replacement lighting equipment for Frank Tack Park, at a cost of $55,000.00 to Hughes Supply, Inc. under Bid f151-95 and that the appropriate officials be authorized to execute same. BACKGROUND% The City has a Capital Improvement Project to replace old, worn-out lighting equipment at City facilities. Inspection and maintenance programs are performed to assure the safety and efficiency of the equipment and to determine the timing for replacement. For fiscal year 1994/95, substantial lighting equipment was earmarked for replacement at Frank Tack Park. The lighting system in this park was installed approximately twenty years ago, and contains decaying wood poles and inadequate lighting levels for current programming needs. The system is one of our sole remaining underground primary systems, utilizing high-voltage pole transformers and their accompanying problem of PCL contamination. This purchase contract, for renovating these two fields includes round spun concrete poles, 1500 watt Metal Halide sports lights, and crossarms. The system will be converted to an underground secondary system, utilizing' low- voltage power supplied from Florida Power Corporation. The complete installation of this new lighting system will be performed by City personnel. The available balance in code 315-93269, Light Replacement, is more than sufficient to provide funds for this contract. Reviewod by: Legal N/A Budget w Purchasing Risk Mgmt. cis ACM Other Submitted by: rayeneger Originating Dopt.: Parks & Recrea Parks op&•.Recre?4W Advortised• Data: 8/25/95,9/i 95 Paper: Pin. Co. Rev., TaM rib. Noc squire Affected parties Notified Not required costs: $55,000.00 Commission Action: ae Approved Approved wlcanditions Currant f-Y _ Denied Continued to Funding Source: XX Capt. Imp. _ Operating Other Appropriation Code: 315-93269 Attachm6nts: ?. Bid tabulation None I v,?? n'! Ss ?,?'' .r. ??'.. ??1.? .•i-? ? - ?j, .. 15• _ t'i??' 'F'I .5F1'a' 77 i. ! - CITY OF CLEARNATER BASEBALL FIELD LIGHTING SYSTZK 1 BID 151-95 OVMM AMMST 14, 1995 DID TAB FRONTIER LIGHTING GRAY BAR ELECTRIC HUGHES SUPPLY HUNTER-KNEPSHIELD CO ' CLF.ARWATSR,__FLORTDA TAMPA, FLORIDA CLEARWATER, FLORIDA CRESTWOOD, KENTUCKY ' ITEM UNIT TOTAL UNIT TOTAL UNIT TOTAL UNIT TOTAL DESCRIPTION NO, PRICE PRICE PRICE PRICE PRICE PRICE PRICE PRICE 1. DASEBALL FIELD LIGHTING SYSTZCH 2 35,999.05 71.979.10 68,393.00 55,000.00 71,592.00 .......... .......... .......... .......... 4 DELIVERY: F - 4-6 WEEKS 6 WEEKS i i 4-6 WEEKS l TERMS: - NET 30 NET 10TH NET 30 SumxhRY OF DID 151-95 BIDS SOLICITED: 17 BIDS RECEIVED: 4 NO RESPONSE: 7 NO-BID RESPONSE: 6 SUNKLRY OF NO BIDS DO NOT OFFER PRODUCT: G w Item # CLEARWATER CITY COMMISSION Meeting Date Agenda Cover Memorandum I f- a -G5 SUBJECT: DEL ORO STORM REPLACEMENT CONTRACT (95--15) CHANGE ORDER #1 RECOMMENDATION/MOTION: Approve Change Order #1 to the Del Oro Storm Replacement Contract (95-15) to OVERSTREET PAVING COMPANY, of Largo, Florida increasing the contract amount by $90,065.00 for a new contract total of $964,286.75, and approve a time extension of 120 days, ® and that the appropriate officials be authorized to execute same. BACKGROUND: The City will begin constructing stormwater improvements with Overstreet Paving within the eastern portion of the Del. Oro Subdivision on October 16, 1995. The work will take approximately 9 to 10 months to complete and the contract provides for the Contractor to restore pavement disturbed in the installation of storm sewers as the storm pipes are being installed. Final full width resurfacing of all the streets in the eastern section of Del Oro was originally scheduled to be included in the annual street resurfacing contract. However, because of the length of the Del Oro stormwater improvements contract, we anticipate that the annual resurfacing contract will be completed prior to the time streets in Del Oro can be scheduled for resurfacing. This change order proposes that Overstreet Paving be approved to provide final street resurfacing at a time some 60 to 90 days after they complete the installation of the storm sewers. The delay period after pipe installation until final resurfacing allows for optimum compaction of the backfill material in the trenches. This process will prevent eventual street settlement in the final street resurfacing. Overstreet Paving is an excellent paving contractor with their own asphaltic paving materials plant. We believe that this change order arrangement will provide for the resurfacing of streets in Del Oro at the earliest possible date. The Change order provides for three additional items to the contract with Item #54 being the full width asphaltic resurfacing at a cost of $59,565.00. Item #55 will provide for standard pavement milling adjacent to curbs to prevent a build up of asphalt along the existing curb f lowlines at a cost of $15,500.00 and Item #56 will provide removal and replacement of approximately 1000 feet of failing 611 underdrain along the north side of San Mateo Street which is causing substantial pavement settlement at a cost of $15,000. These three new items represent Street Resurfacing elements of the work. The available balance in the Street Resurfacing capital improvement project is sufficient to provide funds for this Change Order. Legat Budget Purchasing Risk Mgmt. NIA Is N/A ACH ENG. I )7L4 OTHER tt nager Originating Dept. Costs:. $_90,065.00 Commission Action J Engineering Depart fi R (Current FY) Approved User Dept. Funding Source: Approved w/conditions Capt. Imp. % Denied Advertised: Operating Cont'd to Date: Other Paper: j I I Appropriation Code(s) Attachments: Not required 11A _ I r 315-92256-563700-541-000 Affected parties Change Order #1 notified Not required „ N/A rda.o} ap w- CHANGE ORDER NUMBER: #1 PROJECT: Del Oro Storm Replacement Contract CONTRACTOR: Overstreet-Paving, Inc. 1390 Donegan Road Largo, Florida 34641 DATE: October 13, 1995 PROJECT NUMBER: 95-15 DATE OF CONTRACT: 09/28/95 _ CODE: 315-92256-563700-541-OOO(C) SCOPE OF CHANGE: THIS CHANGE ORDER ACCEPTS REVISIONS TO THE CONTRACT Additional Items: Item #540 - 1" Asphalt Overlay Item #55C - Milling (0 to 2 inches) Item #56C - Remove & Replace 6" Underdrain APPROVE TIME EXTENSION OF 120 DAYS 1,425 TONS @ $41.80 = $59,565.00 10,000 S.Y. @ $ 1.55 = $151500.00 1,000 L.F. @ $15.00 = $IS,000200 Total Additional Items. $90,065.00 STATEMENT OF CONTRACT AMOUNT ACCEPTED BY: Original Contract $874,221.75 Change Order #1 + 90 065.00 NEW CONTRACT TOTAL $964,286.75 Rita Garvey Mayor-Commissioner amela K. Aki n Cit y Attorney (Approved as to form and correctness) CITY OF CLEARWATER,'in PINELLAS COUNTY, FLORIDA Elizabeth M. Deptula city manager 9515CO1.COX OVERSTREET PAVING OMPAN B -SEAL Thomas Overstreet, Jr.,V a-Pres. Date:-October-13,_ 1995 WITNESSES: a? t , , ('12 - E Cj Alice R. Eckman Neva M. Payne Rogim.46nded by, hard J. Ba er, P.E. y Enginee ATTEST: Cynthia E. Goudeau, City Clerk Date: ?t Nov-02-96 07:14A anginaaring savvicas .02 CITY OF CLEARWATER interdepartment correspondence Sheet TO: Mayor Rita Garvey and City Commissioners THROUGH: Elizabeth M. Deptula, city Manager FROM: Richard J. Baier, City Engineer , COVIBS: Kathy S. Rice, Deputy city Manag William C. Baker, Assistant City Manager Cynthia Goudeau, city clerk SUBJECT: Change Order Question Relating to Del Oro Project The line item relating to the collapsed underdrain contained within the referenced change order had not been included in.the original project, as the line failure was just recently identified by the Public Works Department. If you should have additional questions please do not hesitate to contact me at 6042. RJS/ns 4 r AGE NDA DATE I t , ii r• I T rn f F is?3 ¦n• ., ? I tem 11 ?- t ! !f v CLEARWATER CITY COMMISSION Meeting Dote Agenda Cover Memorandum SUBJECT: Demolition of commercial Structures at 1171 - 1175 Cleveland Street and 900 chestnut street (95-28) RECOMMENDATION/MOTION: Award contracts for the Demolition of Commercial Structures at 1171 - 1175 Cleveland Street and 900 Chestnut Street (95-28) to TERRA EXCAVATING, INC. of LARGO, FLORIDA for demolition of both buildings for the sum of $33,197.00 which is the lowest responsive bid received in accordance with plans and specifications; to Lang Engineering of Tampa, Florida for 900 Chestnut asbestos removal for a sum of $80,544.00 which is an exis-ting state contract; and, to Occupational Health Conservation, Inc. of Tampa, Florida for 900 Chestnut observation of asbestos removal for a sum of $6,085.00 which is an existing County contract; for a total of $119,826.00, ® and that the appropriate officials be authorized to execute same. BACKGROUND: At the request of the City Manager's office we have prepared a contract for the demolition, removal and disposal of two commercial structures. The demolition of the 'Brown' building was delayed so that it could be incorporated into a single bid with the demolition of the 'Utilities' building thereby obtaining the most attractive combined bid. The two structures to be demolished are further described as follows: Structure #1 - 1171-1175 Cleveland Street (SR 60), also known as the Brown Building is an approximate 61500 square foot, two--story building constructed of concrete block walls over a concrete slab foundation with structural wood support members and roofing system. An Asbestos Survey was performed for this structure on 3/28/94 by Florida Groundwater Services. The results of that ACM survey show that this structure contains non-friable asbestos containing materials (ACM's). These non-friable ACM's (rolled roofing felt, vinyl floor sheeting and baseboard, green floor the and black mastic) may remain in place during demolition operations but must be kept wet during the demolition, transportation and disposal activities. The total demolition costs for this portion of the contract is $12,712.64. Structure #2 - goo Chestnut Street, also known as the Utilities Building is an approximate 11,800 square foot, two-story building constructed of concrete block walls over a concrete slab foundation with a built up roof. An Asbestos Survey continued: Legal N/A Budget Purchasing_ Risk Mgmt._ N/A Is N/A ACH ENG. OTHER Originating Dept. Engineering 0 ate: 09/13/95 8 09/19/95 oper:St. Petersburg Tfmas Not required _ Affected parties notified Not required no costs:_1119 _ Sts _ nn I cotrmission Action (Current FY) I Approved Funding Source; Approved w/conditions Capt. Imp. X Denied Operating i Cont'd to other ation Code(s) 1 Attachments: 315-96518-5XXX00-539-00014 Bid Tabulations It7lr4npn "I k I Page 2 continued: Demolition of Commercial structures at 1171-1175 Cleveland Street and 900 Chestnut Street (95-28) Terra Excavating, Inc. was performed at this structure on 5/10/95 by Allied Environmental Consultants, Inc. The results of that ACM survey show that the structure contains friable asbestos containing materials (ACM's). These friable ACM's (plaster ceilings) must be removed from the structure prior to demolition activities. The cost to remove these ACM's is $80,544.00 by Lang Engineering, plus an additional $6,085.00 for required air monitoring by occupational Health Conservation. Disposal of florescent lamps and ballasts costs are estimated to be $500.00. Soil screening, pre--burn analysis and soil disposal costs are estimated to be $5,735.00 if contaminated soil. is encountered during demolition operations. The actual demolition of the structure costs $16,972.00. The combined costs for this portion of the contract is $113,698.65. other costs associated with both portions of this contract include providing 500 cubic yards of clean fill material if required, installing 18, 000 square feet of sod, the preparation and installation of project signs and advertising. The projected total cost for the complete contract is $126,411.29 including miscellaneous costs. Total cost for the demolition of the Cleveland Street property is approximately $12,712.14 and funding will be provided by a first quarter budget amendment transferring this amount from the unappropriated retained earnings of the Special Development Fund. Total, estimated cost for the demolition and asbestos removal at the Chestnut street property is $113,698.65 and funding will be provided by the appropriation of utility fund revenues at first quarter as follows: Water & Sewer $ 70,488.65 Gas 13,640.00 Solid Waste 23,880.00 Recycling 4,550.00 Stormwater 1.140.00 $113,698._65 This project will start on or about November 20, 1995, and is scheduled to be completed within 90 calendar days. i i m cn I r- N cuJ I I a A O cc 4 U. o z m 4 Q F+- p] U 4 o O " p Z s to T ^ ° Q GO a Z W V T M y vl r N n V) N W w a Z ui m i7 O O r. N O O Z LL n u) v u) ui ati Q Di c+0 V a? O to W N h vi y i'7 W y N x r W g Z a b °o O N o ° O a U c=c O a N us If ri o u0i V ° to es O co "• N 4 - Q th F a N ' N W J V) Q ?? ?n y Q O Q CL U F- Z Q O O qq 4 O O d LL Ln O O O Q Z a x n 1.1 W Z O W V a N y rf N W Lµ+ 4 a Q h N y ? F - Z b O o Ln O Q m ri ? o t7 tv D d V. V) U in 1f1 , N Z n a l7] N N Ld _ EL a N N N N ? 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U U U M M W H H a: w F i , l U I i E7 l7 t7 C7 l9 l7 4 z H O F E 1-0 F E+ Mp M?G O N A -{ ? a $a W W a LPG > 7 > a ., s F ? w w w S wo w U w u U ? ?w m U Eke E4 U: r 0 U E O H F F + W Q z H N ? v u1 m r ra c1r O r1 M CLEARWATER CITY COMMISSION _ O I? Agenda Cover Memorandum Item "` li o2 9s Meeting Date: _ SUBJECT: COUNTRYSIDE COMMUNITY RECREATION CENTER BUILDING RECOMMENDATION MOTION: Award a contract (95-24) to construct the Countryside Rec. Ctr. to Bollenback Builders, Inc. for the sum of $1,424,678 which is the lowest, most responsive bid submitted in accord with plans and specifications; instruct staff to prepare a change order to reduce the cost to $1,399,678; authorize additional funding and approve Agreement between the City and Fla. Pater Corp for the ?'? to Bark cars on the adjacent utility right-of-way W that tie appropriate at is s be au ortzed to execute same. BACKGROUND: The City currently has a budget of $1,377,000 for this project. Of this amount, $135,000 is earmarked for architectural and engineering soft costs. The remaining $1,242,000 is available for building construction, and when compared to the low bid of $1,424,678, the result is a shortfall of $182,678. As a result of this bid being over budget, staff met with the project architect, Mr. Robert Bitterli, and the apparent low bidder, Mr. Ken Bollenback of Bollenback Builders, Inc. The purpose of these meetings was to determine if cost savings could be achieved through value engineering without jeopardizing the usability and attractiveness of the building. Following these meetings, it was determined that $45,500 could be reduced from the project. However, $20,500 would have to be added for a fire sprinkling system, resulting in a reduction change order in a net amount of $25,000. (see attached letter from Mr. Bitterli.) In addition, staff feels that a contingency of $45,000 should be added to the project to cover miscellaneous costs not associated with this contract and other change orders which might be required in the future. If the reduction change order and the additional contingency were approved, the total shortfall would be $202,678. To cover this shortfall, staff recommends that $202,678 be transferred from CIP Project 2334 (Recreation Bicycle Paths). This project is for the construction of a bike path that would connect Cliff Stephens Park to the Eddie C. Moore Recreation Complex. Although this is an important project, and one which needs to be accomplished, staff has not received the demands from the public for this project as have other projects such as the Countryside Center. (Continued) Reviewed by: n v-" " Legal p L4 Budget Purchasing Risk Mgmt. ,::t' A Cl5 N JA AGM . 14101 Other N.4A Originating D ?0) • V Parke & R cr at on User Dept.: "'?\V Parks & Recr a n Advertised: Date: 9/25 & 9/31/9! Paper; St. Pete Times _ Not required Affected parties _ Notified _ Not required $1 399,678 as Current Funding Source: X- Capt. Imp. Operating other Commission Action: _ Approved Approved w/conditions _ Denied Continued to Submitted by: City Manager Appropriation Code: 315-93281 Attachments- 1-Summary bid tab. 2.Fla. Power Agreement 3.Letter from Mr. Bitterli - None Clearwater city commission Agenda Cover Memorandum Countryside Community Recreation Center Building Page 2 Also, it has always been the City's intention to provide as much of the required parking for the center on the adjacent Florida Power right-of-way property. After numerous meetings and discussions, the attached Agreement was formulated between Florida Power and the City which will allow the City to park cars on the right-of-way. As shown in paragraph B of the Agreement, the City will pay an initial annual fee of $6,000 plus tax which is included in this years operating budget. According to the Agreement, this yearly fee may be recalculated and adjusted as long as the City uses the property. In addition to staff,'Mr. Robert Bitterli of Bitterli Associates Architects, Inc., will be available to answer questions the city commission might have regarding this project. If the Commission approves this contract construction will begin as soon as permits can be obtained. The anticipated opening date for the center is August 1, 1996. 1 a a ac 3 a m = O }' O Q W ? O O m $ 8 $ S 8 M tl ti N y b N ? /7 ? N 1 0l f ? w w 7 d ? « w » U v O f11 V 6 H '?[ M ' ^ w 'f » w u / » ?. Ot n O n o m r ? w » U = a M V N p O p O p D aa G pp O 6 QQ O n W n W A p O G U a ? CO ? N N r An l3O?K Un a w C; ? ? ^ ? rti ui /p il G t v ° z H ? } ? ,0 Q Q 2i 5? 2S 40 e zoo .: ./. » 2S 2S 2S rs $ Ln W 0, r; $ 8 8 8 $ n m '" t O n 4 H Q1 W n n 'r ti o /7 /p /R ri m N r i / xx U 2 K y Y O RF ? C $ 8 ? O A 7 m Y t lT N y/O?t7 owC i4 i? V1 K m g W W x z x O ? W' ? w N W W ? U W 0. y G { y z y q C2 u z rd/ uU PC N W cc cc K 00 o t-C ?°`- ti a zz m V U 1 4 S-95-6 5111195 JLR LICENSE AGREEMENT THIS LRYnTED LICENSE PRIVILEGE AGREEMENT, Made and entered into this day of , 1995, by and between FLORIDA POWER CORPORATION, a Florida corporation, "LICENSOR" herein, and City of Clearwater (Parks and Recreation Department), P.O.. Box 4748, Clearwater, Florida 34619, "LICENSEE", herein; WITNFSSETH• WHEREAS, LICENSOR is the owner of the fee simple title to (among other lands) area of said site being hereinafter referred to as the "License Area" and generally described as shown on sketch attached hereto as Exhibit "A" and by this reference incorporated herein and made a part hereof; and WHEREAS, LICENSEE is desirous of acquiring from LICENSOR the limited privilege and license to occupy and utilize the License Area for an asphalt parking lot; and WHEREAS, LICENSOR is willing to grant to LICENSEE the desired limited privilege and license for such occupancy and utilization. subject to certain terms and conditions as stipulated below along with specific requirements as shown on attached Exhibit "B" and by this reference incorporated herein and made a part hereof. NOW, THEREFORE, IT IS MUTUALLY AGREED AS FOLLOWS: A. That LICENSOR hereby grants to LICENSEE., and LICENSEE hereby accepts from LICENSOR, the limited privilege and license to occupy and utilize the License Area for the sole purpose of an asphalt parking lot together with such other limited privilege and license as may be reasonably necessary or convenient for the full enjoyment of the License Area for the above purpose only. B. That for and in consideration of the foregoing limited privilege and license, the LICENSEE hereby covenants to pay to LICENSOR a yearly fee, in an initial amount of 56,000.00, payable in advance together with applicable Florida State Sales Tax in addition thereto, commencing June 1. 1935, for each and every calendar year while this limited privilege and license remains in effect. The yearly fee may be recomputed each subsequent year by LICENSOR and may be adjusted as appropriate to reflect fluctuations in the real estate value and other variables attributable to the License Area according to standard CP1. LICENSOR shall mail a yearly billing invoice to LICENSEE, and LICENSEE's advance yearly fee checks shall be made payable to FLORIDA POWER CORPORATION and mailed to LICENSOR. C. It is expressly stipulated by the said LICENSOR and LICENSEE that tius License Agreement is a license for permissive use only and that the placing of any improvement upon the property pursuant to this Agreement shall not operate to create or vest any property right in said LICENSEE. D. It is expressly stipulated by the said LICENSOR and LICENSEE that the privileges provided herein create no perpetual rights but determinable privileges depending solely on the conditions in this Agreement and at no time shall this License Agreement be construed as a License coupled with an interest. E. That LICENSOR's consent to LICENSEE's use of the property described herein is limited. Such conditional and restricted consent creates privileges in the LICENSEE to use the land only insofar as compliance with the conditions herein is continued. F. That LICENSOR expressly reserves unto itself, its successors, lessees and assigns, the continued right to occupy and utilize the entire License Area and to grant to other parties such privileges affecting the License Area as are not inconsistent with privileges herein granted. G. That LICENSOR agrees to inform LICENSEE thirty (30) days before constructing additional electrical facilities within the License Area so that LICENSEE can relocate or remove the utilization described herein should LICENSOR determine that such utilization would interfere with LICENSOR's facilities or use of said area. H. That upon LICENSEE's breach of any covenant or condition contained herein, this License Agreement after written notification by LICENSOR to LICENSEE of such breach and upon failure of LICENSEE to remedy or remove such breach within a period of five (5) working days after receipt of such written notification, shall cease and terminate and shall become null and void and the privilege and license herein granted shall thereupon immediately revert to the LICENSOR in absolute, and LICENSEE shall forfeit the remainder of the yearly fee; however, LICENSOR expressly does not waive any rights of recourse LICENSOR may have against LICENSEE for damages sustained by LICENSOR as a result of such breach. I. That LICENSOR hereby expressly reserves the right to revoke this License Agreement at will by giving LICENSEE thirty (30) days' written notice, and LICENSEE shall have no right to compensation for any expenditures by LICENSEE upon revocation of this License Agreement, except the LICENSOR shall return the unearned portion, if any, of the yearly fee paid by LICENSEE hereunder. J. That any costs, attorney's fees or expenses incurred by LICENSOR in construing or enforcing this License Agreement shall be borne by the LICENSEE. K. That this privilege and license is personal to LICENSEE and shall not be assigned or transferred in whole or in part without the express prior written consent of LICENSOR, which consent of LICENSOR shall be solely at LICENSOR's discretion. . L. That the validity of this Agreement is contingent upon LICENSEE first obtaining proper zoning, authority, approval and/or permit from the appropriate governmental body or public agency having jurisdiction over such utilization at this location. If such zoning, authority, approval and/or permit is not secured, this Agreement will be considered null and void. i Page 2 of 5 Pages M. That LICENSOR shall not be liable for any damages to LICENSEE's utilization howsoever resulting from LICENSOR's continued use and occupancy of the License Area; LICENSOR, however, shall not willfully cause undue damage to LICENSEE's utilization. N. That LICENSOR's Transmission Rights-of-Way Inspector (i.e., Mr. Terrence L. Whitecar or his designated alternate, telephone 8131 866-5109, St. Petersburg) shall be noted by LICENSEE at least forty-eight (48) hours prior to LICENSEE's commencing initial activities within the License Area. 0. That LICENSEE shall comply with all federal, state and local laws, rules and regulations in respect to the use of the corridor. LICENSEE shall not store, dispose of, treat or generate any hazardous waste or hazardous substance on the corridor without the express advance written approval from LICENSOR. Approval from LICENSOR shall be solely at the LICENSOR's discretion. The terms "hazardous waste" or "Hazardous substance" shall be as defined in 40 C.F.R. Part 261 and in 40 C.F.R. Part 300. Failure to comply with this Paragraph "0" shall be cause for immediate cancellation of this Agreement and LICENSEE expressly agrees to be liable to LICENSOR pursuant to Paragraph "X(e)" for any violation of this Paragraph "0". P. That a free and easily passable twenty foot (20') wide accessway be retained along the length of the License Area and to all transmission structures for use by LICENSOR for emergency access and for normal maintenance and patrol purposes. Q. That LICENSEE shall not use a dragline or cable type crane within the License Area. R. That LICENSEE shall adhere to provisions in NESC regarding clearances between ground level and electric conductors. Ground elevation must not be increased more than two feet (2'). S. That if the utilization area is fenced LICENSEE shall install a sixteen foot (16') wide gate in the fence making that portion of the License Area accessible. Gate should have a lock installed by LICENSOR. T. That LICENSEE shall assume the sole duty, responsibility and obligation of mowing and otherwise maintaining the surface of the portion of the License Area upon and across the land involved in a condition compatible with the surrounding area. U. That the entire disturbed area within the License Area including LICENSOR's patrol road, shall be restored by LICENSEE to a condition at least as good as that which existed prior to construction. V. That upon completion of operations, LICENSEE shall notify LICENSOR's Transmission Rights-of-Way Inspector heretofore mentioned in above Paragraph "N" for inspection of the License Area. W. That LICENSEE shall furnish LICENSOR with a set of as-built drawings within thirty (30) days of final construction. ?/?; ? _ Page 3 of 5 Pages X. That LICENSEE hereby expressly understands, covenants and agrees (a) that nothing contained in this Agreement or contemplated is intended to or shall increase LICENSOR's liability for personal injury or death or for any property damage, (b) that LICENSOR does not assume any such additional liability, (c) that liability arising out of the utilization and occupancy of LICENSOR's License Area by LICENSEE and LICENSEE's employees, agents, contractors, invitees or any representative, is hereby assumed by LICENSEE and shall be at the sole and exclusive risk of LICENSEE, (d) that LICENSEE shall answer and satisfy to LICENSOR's satisfaction any and all complaints relative to LICENSEE's utilization of LICENSOR's License Area (e) that LICENSEE shall protect, defend, hold harmless and indemnify LICENSOR to the fullest extent permitted by law from and against any and all actions, claims, damages and/or loss, including, but not limited to actions or claims from LICENSEE's employees, contractors, and including, but not limited to, claims for remediation, damages or fines from governmental entities, which may be assessed now or in the future, together with any costs attorney's fees, occasioned by or growing out of any actual or claimed usage or condition of the License Area arising in any manner whatsoever, directly or indirectly, by reason of this Agreement for LICENSEE's utilization thereof, and (f) that LICENSEE covenants not to interfere with LICENSOR's existing and future high voltage electric transmission lines and related facilities in any manner whatsoever and shall fully indemnify LICENSOR from any and all losses as in Section "(e)" above resulting from such interference. Y. That LICENSEE's operations, activities and equipment used within the License Area beneath or in proximity to any of LICENSOR's electric facilities shall, at all times, be in strict compliance with applicable provisions of the National Electrical Safety Code (NESC) and the Occupational Safety and Health Act of 1971 (OSHA). LICENSEE is further notified and hereby agrees to so notify any of LICENSEE's employees, agents, contractors, representatives or other persons engaging in LICENSEE's activities upon said License Area with L.ICENSEE's knowledge and under LICENSEE's supervision or control, that extreme caution is necessary around all of LICENSOR's electrical facilities, supporting structures, anchor guys or related appurtenances, and in the event of any damages or injuries, LICENSEE shall immediately report the nature and extent thereof to LICENSOR's nearest local office. Z. That as a safeguard in respect to Paragraph "X" above, LICENSEE will maintain at its own cost and expense from an insurance company licensed to do business in the State of Florida, or provide as a qualified self-insured Florida public entity general liability coverage with bodily injury and property damage limits not less than $100,000 each person and $200,000 each occurrence plus any excess liability insurance coverage purchased by LICENSEE. The purchase of excess liability insurance shall be at the sole option of the LICENSEE, but prior to commencing initial construction activities within the License Area, LICENSEE will furnish LICENSOR with a certificate of insurance or a letter of self insurance showing insurance coverage as provided for in said Paragraphs "X" and "Z" hereof. Page 4 of 5 Pages IN WITNESS WHEREOF, the said LICENSOR and LICENSEE have caused these presents to be executed in their respective corporate names by their proper officers thereunto duly authorized and their respective corporate seals, to be hereunto affixed and attested, all as of the day and year first above written. WITNESSES: FLORIDA POWER CORPORATION (as LICENSOR) By , Vice President Attest: ?} \Qp, POI As 'stars ecretary o?' apF?Fl0Y D S WITNESSES: City of Clearwater, aato S (as LICENSEE) sY By City Manager City Clerk Approved as to form: Countersigned: City Attorney Mayor-Commissioner Page 5 of 5 Pages ?a C 1 I-PI .........................?1...L.. r r t } -; ? O IIZf- ' e? .vS Ikyy '•' r? C .?j f 1 a 1 1 I; t_ y? ?Vlt f I 4 '• ? F `p1 11V r ' I `i'r (1 I I 6 "Ex ib i`f- B'r SEECHIC REQUIREMENTS for an asphalt parking lot (200-300 parking spaces) 1. That other than LICENSOR's facilities, no overhead wires, poles, light standards, dumpsters, signs, trees, buildings, structures or obstacles shall be located, constructed or installed within the License Area without written approval by LICENSOR. 2. That pole protection be provided for Structure No. NC-73 because the utilization is located within twenty-five feet (25') of this structure. LICENSEE shall provide and install traffic barriers as specified by LICENSOR's field representative. 3. That the near edge of LICENSEE's roadway shall be a minimum distance of fifteen feet ( 15') from any of LICENSOR's structure or guying. 4. That all excavations for LICENSEE's utilization shall be a minimum of twenty-five feet (25') from the nearest edge of LICENSOR's transmission structures or guying. 5. That any shrubbery planted by LICENSEE within the License Area shall be of a variety not exceeding twelve feet (12') in height at maturity. b. That any sprinkling system which may be installed by LICENSEE within the License Area shall spray no closer than twenty-five feet (25') from the nearest edge of LICENSOR's structures or guying and to a maximum height of ten feet (10'). 7. That any and all piping and/or culverts (cables) installed by LICENSEE within the License Area shall have sufficient earth cover to prevent breakage due to the operation of LICENSOR's vehicles and heavy equipment within the right-of-way, 8. That no below ground grade drainage or facilities be installed by LICENSEE within the License Area without LICENSOR's review and written approval. 9. That LICENSEE agrees that no refueling operations take place within the right-of-way. 10. That all parked vehicles within the License Area shall be motor vehicles of an operative and transient nature; mobile homes, office trailers or carriers of explosive materials are prohibited. 11. That LICENSEE agrees to furnish and install permanent markers showing the location of the underground facilities within the License Area. Said markers shall be LICENSEE's responsibility at all times. tU,=IT B" Page 1 of 5 Pages Mme. r. ? i h 1.` !'? W11 12. That LICENSEE shall notify LICENSOR's Supervisor of Transmission Underground (i.e., R.W. Case or his designated alternate, telephone 8131866-5729, St. Petersburg) at least forty-eight (48) hours prior to LICENSEE's performing any excavation within the License Area in order that LICENSOR may arrange for an authorized representative to be on site to assist in establishing the existing location of FPC's underground fuel oil pipeline and to observe all excavation activities in proximity to said pipeline within the License Area. 13. That LICENSEE shall make special note of Guidelines involving LICENSOR's oil pipeline attached as Pages 3 of 4 and 4 of 4 of Exhibit "B", by this reference incorporated herein and made a part hereof, and. APPLICANT shall comply fully with said Guidelines. 14. That no environmental permits will encumber LICENSOR's properties. 15. That all retention will be on 'LICENSEE's property. lb. That post be installed to prevent driving over oil pipeline. 17. That no parking be allowed over oil pipeline. !. . 18. That driveways over pipeline will have casing or concrete slab that will comply with LICENSOR's Engineers specifications. 19. That LICENSOR's representative will be present at construction.. 20. That DOT barriers be installed at 10 feet (10') around tower NC-73. MHUBIT B" Page 2 of 5 Pages GMELIHES FOR CONSTRUCTIQN CROSSING OF THE 8/A OIL PIPELINE The Florida Power Corporation-Bartow to Anclote Thermal insulated oil transport line has been installed and is operated in compliance with Title 49-Part 195 Federal D.O.T. - Transportation of Liquids by pipeline. The line is 14" in diameter coated and insulated for a total outside diameter of 17.5". I. Buried Structures - Crossing-Situations The minimum clearances required for crossing situations of the 8/A oil line and proposed other lines or structures follows: a. Maintain 12 inches of clearance between the oil line and other pipes- or structures being buried and crossing the line. b. When 12 inches of clearance is not practical, provisions can be negotiated with Florida Power Corporation for a substitution of the soil barrier with an approved barrier. C. Contact C. A. Nuttall, (813) 866-5729 or C. M. Forte (813) 866-4753, 48 hours prior to construction. An FPC representative must be present to inspect any crossings that are made. 2. Buried Structures - Paralleling Structures These are two standards of acceptability for paralleling situations: a. Florida Power Corporation R/W, easements and other controlled areas. 1. All paralleling of buried structures and other pipes to the B/A oil line must maintain a minimum-of three (3) feet surface to surface clearance. b. All paralleling situations outside the control of the Florida Power Corporation should request the minimum three (3) feet surface to surface clearance. 3, Minimum Soil Cover Over BIA Oil Line The minimum soil cover requirements at any location along this Bartow to Anclote oil pipe line has been established to be 48 inches, as referenced from top of the pipe to ground level, road bed, river bottom, drain ditch bottom, etc. Any variance in this minimum protective soil cover must be ; negotiated with and approved by the Florida Power Corporation. A i substitute, protective, equivalent concrete structure is shown on Drawing #A-S-34-A-1. 4. Roadways E Roadways of the oil pipeline must be cased and vented from R-O-W line to R-O-W line. Driveways which can be closed to allow for maintenance on the pipeline will not normally be required to provide casing, but will be required to comply with item 3 above. I 'RDMIT B" ` Page 3 of 5 Paces Note: Actual casing requirements will be determined by conditions at location of the crossing. 5. $uildinc, Structures,-Retention Ponds, Wells, Fences a. All structures, building retention ponds or wells, must maintain a minimum of fifteen (15) feet from B/A oil pipeline centerline. If existing foundation, retention ponds or wells are closer than fifteen (15) feet, designate them as existing and submit information to FPC on design drawings. For retention ponds, the fifteen (15) foot requirement applies from the top of bank to centerline of pipe. b. Fencing should be constructed in a way that poles straddle either side of line. The fence shall be grounded. Grounding rods shall be 15 feet away from the B/A oil pipeline. b. Construction- Equipment Equipment or material used in construction activities must not be parked or stored within three (3) feet of the B/A oil pipeline centerline. Rev 1 4/13/92 Mi tI ?•?Fa? -4 Ir31'i Fray .y "EXHIBIT B1? Page 4 of 5 Pages I $Olc aarpa ,P h ?+ w • r . .? . . +04 $ULC d-r par ,Q;.rv j?e rye ' rCrlLr: l ? ?•t i 0 ? • EL C VA 3 I V IV • 11oYtt: I 8R SCALE 1 1 -z 86 4' 1. goes.. 044414 bole .I.. 1111411s of 1000 KI-I. AA H. 16 ................ Lai ?f b+A? isf ? ?C Il?GMuaA? r t ' r e!? t fD6E1:? I fit Cam. rA. .IF S 6AA* t. Mabel Is %%I* AM $flat 40. L CM4. Ib111i 1e 1111 1. 414416 senate , I rer0l) 4•x1e. 1'4/.1. lever el! /roved. N . 1.1uL1 wsttrlrt ?IfT IOM LE CM fl?• coglcutt a •. +1111 ?.t f?tlfef011C1r1i"'?';[t1. `. .. .....,.,. • . g . g DE TA It. 'Q" 10U 1,40 1r.0iv 1 0 Mt.1 1416 el T ./ 111181 11114181 4 We •V It- No. 1 best 41 4' • t' R 14111 41014tH • it, . 4e 1 . k.. 1 bell #1 log 110141 1041814) a 10 9 4• 1. re.1 logo 81 r•1' 118181 18114181 4 l' • 4' . 1116 1 tart 181111 uef1 14414,16 Iti'• Co?I C,P?TE P!f'EL rrVE . , C0116R SLABS 1 l•te.rt boots MAMMAL t+fi X111 PROJECT 4URr0JV-,4NC40rS PlAr.41 E IrLORI6l1 iaOWER CORp0AAT10lf 11o. OAi It1i'1110N tt/ C9. A F A it reterrrvas rurlfa oAT'c,, ,A rrX11r DRAWING NO. 4^S34 -,4- 1 1,E)MIT B01 ?" _ , Page 5 of 5 Ric 10/20/1995 13:46 813-622-3634 6ITTEQ.1 & ASS')0. PA,_ 02 ? ? SITTERLI + ASSOC. 0 ARCHITECTS, INC. 4WII1TI(:' tME I hVIRCINt-iE TAL DESIUN October 20, 1995 Mr. Art Kader, Assistant Director Parks and Recreation Department City of Clearwater P.O. Box 4748 Clearwater, FL 34618.4748 RE: Countryside Community Recreation Center, Dear Art: Bids were received for the above referenced project on Septdmber 21. 1995, with a 17% spread between the high and low prices, The apparent low bid was $1,424,678.00. This is 14.7% above the project budget of $1,242,000. Below is an analysis of the low bid compared to the construction budget. WULFA Sitework Building Contingency Totals Revised Budget s 140.000.00 1.042.000.00 1,182,000.00 $1,242,000.00 ILId ?&L1192= 444,369.00 +217 % 980,289.00 - 5.9% $1.424,678.00 81,424,678,00 + 14.711/6 Prior to going to bid our Architect's Estimate indicated the project would bid at or slightly below the 51,242,000 figure. Just prior to receipt of bids the national trend index, R.S.Means, published thalr third quarter update which indicated very recent inflation in the construction industry of about 5% on the quarter. Our latest estimate of 81,302.622.00 was done with this inf ormatton in mind. The cost of the building actually carne in 6% under our estimate. The sltework on this project, however, came in well above budget dud to several factors: Extensive amount of development in the Florida Power Corp. right-of -way.to accommodate large numbers of vehicles to serve the new building and existing baseball fields. 1'A,1. 30 51rvel hnrth • 51. N-fur%huw, Florida 3yvi M?(.1:1311:y 1P C11/821.4117 • FAX 81111117.11114 10/20/1995 13:46 $13-622-3634 Mr. Art Kader, Assistant Director Countryside Community Rocrestion Canter October 20, 1995 Pago Two BIT TER, l & 45301. P43E x'13 • High costs for site development for drainage! ' mprovements, including pond liner, filtration send. and retaining wall due to high: water table on site and stringent regulatory requirements. • Increasing costs of labor and material exceeding the 3% allowance for inflation by a 50A premium. • Our estimate on the sitework component was Wt accurate and did not fully consider the impact of these factors. We have met with the apparent low bidder, our consultants, and your department, and recommend the following reductions, along with the addition of a fire sprinkler system, to reduce the contract price via a deductive change order. 1. Utilize crushed concrete In lieu of limerock base for asphalt paving. Deduct ($ 1,200,00) 2. Provide stormwater filtration media as detailed on the attached DER Filter Sand Specification prepared by Standard Sand. Deduct ($12,500.00) 3. Delete all dewetering from the Scope of Work. If required, it will be added back by a change order at the submitted unit cost, Deduct (3 6,800.00) 4. Delete Oil asphalt striping and sianage, Deduct (0 2,000.00) 6. Install the site retaining wall with a 1' deep x 3' wide cast-in-place concrete footing, reinforced with threeN5's continuous with the footing, one A5 2'-0" o.c., and one #5 dowel 2'-0" o.c. filled solid concrete masonry unit wall, with one #5 horizontal robar In a continuous single course bond beam. Deduct ($ 5,500.00) 6. Install 6" PVC OR 14 in lieu of 6" D.I.P. for the water line. Deduct (d 1,440.00) 7. Install 2" SDR 21 in lieu of 4" D.I.P. for the water line. A 2" meter is included. Deduct (S 240.00) 8. Delete the 4" D.C.V.A. Deduct ($ 2,580.00) 18/28/1995 13:46 SITTER"-1 & ASSX- PAGE 04 ? 813-922--.3+34 Mr, Art Kader, Assistant Directot Countryside Community Recreation Center Octobar.20, 1998 Page Three 9. Utilize F.D.O.T. "C" structure with intet and skimmer for control structure "A". Utilize F.D.O.T. "8" structure for Control Structure "B". Both atructuras have asphalt coated steel grates. Deduct (S 700.00) 10. Delete acoustical baffles. Deduct (8 8,000.00) 11. Provido alternate plumbing fixtures. Deduct 0 1,800.00) 12. Provide alternate electrical fixtures. Deduct (8 1,800.00) 13. Miscellaneous additional savings valued at Deduct ($ --840.001 Total Gross Savings (845,500.00) Add Back for Building Sprinkler System + 20.?Q0.00_ Net Savings ($25,000.00) We recommend award of the contract to the apparent low bidder. We believe that the current bidding climate, with Increasing labor and material prices and the extensive sitework needed for this project has caused the bid overage. Now is the best time to award the contract and get the facility constructed as construction costs are continuing to escalate at a rapid rate. ncere Robert J. Bitter , A.I.A. President 9401 CR25.gmg CITY OF CLEARWATER Interdepartmental Correspondence TO: Betty Deptula, City Manager Cyndie Goudeau, (fCity Clerk FROM: Pamela K. Akin, City Attorney DATE: October 23, 1995 RE: Agenda Item re: License Agreement You asked whether we should go forward with the agreement if Florida Power was unwilling to make the changes we outlined and what would be the potential ramifications of doing so. Item 1. Paragraph B- We owe Florida Power the annual fee from June 1, 1995 even though we have not yet occupied the property. Item 2. Paragraph B- While the fee is based on the CPI, there is no cap on the amount the fee can increase annually. Item 3. If we get into litigation they are entitled to their attorneys's fees, while we are not if we prevail. The decision to go forward in this case is a business decision. Our recommended changes reduce the City's economic risk somewhat. so?z? I 41 A7` fVV 0.104W 444.1d nu. /? ivtr fib ? ??? Tl4e C?a-.far a!? ?? ?'o•s..+?r?.ctrdr, ?d?? 1I j.i CITY OF CLEARWATER Interdepartmental Correspondence Sheet TO: Pam Akin, City Attorney FROM: John Carassas, Asst. City Attorney COPY: SUBJECT': License Agreement with Florida Power Corporation regarding Countryside Community Recreation Center Bldg. DATE: October 17, 1995 Pursuant to Art Kader's request, I have reviewed the license agreement for the above referenced project. The agreement is for limited privilege to occupy and utilize an area for asphalt parking adjacent to the new Countryside Community Recreational Center building. In my review and analysis, I have made the following recommendations for changes to the license agreement. 1. The commencement date should be changed from June 1, 1995, to the actual date the City first occupies the property. (Paragraph B) 2. The annual fee should be capped by the CPI. (Paragraph B) 3. A provision should be made for the prevailing party to receive their attorney's fees and costs and not for the City to pay Florida Power Corporation's attorneys' fees only. This license agreement has already been signed by Florida Power Corporation and they have rejected the above referenced changes that I have recommended through Art Kader. Art Kader wants to proceed with this agreement as it is, otherwise, it will jeopardize the construction of the facility. JC:ln DA T t r. ,i . AG EIY DA 1 RGx. ITEM C? i F ?5?? S kip* ? Item H Clearwater City Commission Heating Date: 11102195 ?ITEAgenda Cover Memorandum SUBJECT: Municipal Services Complex -- Addition to Scope and Amount of Contract RECOMMENDATION/MOTION: Approve an amendment to the existing contract with Rowe Architects, Inc. to provide architectural services associated with telephone, data and TV cabling interconnecting the new Municipal Services building, the new Police Headquarters building, the new garage building, the existing Fire Department Headquarters and the existing city Hall building in the amount of $77,000; and an amendment to the existing contract with creative-Beers contractors calling. for the construction/installation of the interconnecting network in an amount of $712,295 resulting in an increase to the existing guaranteed maximum price Erom $15,875,000 to $16,587,295. ® and that the appropriate officials be authorized to execute same. BACKGROUND: The new municipal Services building, Police Headquarters Building and parking garage (within which the graphics shop will be located) are currently scheduled for completion on March 21, 1996 - excepting the garage building which construction will not begin until the completion of the Police Headquarters building and the demolition of the existing police facility. These buildings will be delivered to us, as is the typical case, with all electrical wiring but with only chases and runs for the accommodation of whatever voice/data/tv cabling is determined necessary for our purposes. The city's operations are complex to the extent that the vertical and horizontal cabling within the buildings and the interconnection between buildings will require considerable time for completion and if accomplished subsequent to our receipt of the building will delay our move--in time for several weeks. On the other hand, the work is of such volume that our building contractor will, as is the usual case, not allow the accomplishment of this cabling work on top of, and in interference with, his finishing the building. Because of the time-frames involved, as well as the desirable simplicity of having our building contractor responsible for the cabling work, it is in our best interests to accomplish the work by way of an amendment to the contracts Reviewed by: N originating Dept: Costs: S 789,295 ,,,, l Commission Action: Legal Administration Tota ? Approved audget Purchasing N ? Approved w/conditions Risk Mgmt. /A Current Fiscai Yr, ? Denied CI5 N/A ACM User Dept: Administration Funding Source: ? Continued to: other ® CepitaL Imp. Advertised: 13 Operating Attachmenta: Date: p other l? Paper: ® N R i d re ot equ 5uLwitted try: Affected Parties Appropriation Code: None e 13 Notified 315.94603-530300-519-000 i ® Not Required ty a c i - 2 - with our existing architect and builder. In addition to the work which will take place within each new building, the three new buildings will be interconnected with the Fire Department Headquarters located adjacent to the Police Headquarters building and the existing City Hall building on Osceola Avenue. Further, this work will be designed to successfully interconnect, in a future year, with the Harborview Center, the City Library, the Pinellas County Emergency operations center, the Pinellas County Geographical Information system, and the City radio communication tower at Lakeview and Prospect Streets. F Funding in the amount of $360,409 is available in capital improvement project 315-94603, Municipal Services Complex Technology, for these contract costs. The balance of $$351,886 will be provided by a first quarter budget amendment transferring these funds from the unappropriated retained earnings of the General. Fund representing operating budget savings in the 1994/95 budget year. E I ke =17 CITY OF CLEARWATER MEMORANDUM TO: Mayor and Commissioners FROM: William C. Baker, Assistant City Manager COPIES: Betty Deptula, City Manager Kathy S. Rice, Deputy City Manager Cyndie Goudeau, City Clerk SUBJECT: Additional Information Regarding Municipal Service Complex - Addition to Scope and Amount of Contract DATE: November 2, 1995 In response to the request by Commissioner Berfield at the Monday Work Session, I am preparing a further explanation of the various costs associated with the subject item. The amount of new work to be performed by Creative Beers Contractors as an addendum to the existing contract is $712,295. This will accomplish the following items of construction: * Horizontal voice cabling of 3 floors Municipal Services Building and Police Headquarters Building. * Horizontal data cabling of 3 floors Municipal Services Building and Police Headquarters Building. * Horizontal CATV cabling of 3 floors Municipal Services Building and Police Headquarters Building. * Vertical Fiber Optic data cabling for Municipal Services Building and Police Headquarters Building. j * Vertical copper voice cabling for Municipal Services Building and Police Headquarters Building. * Fiber Optic Interconnection between the Municipal Services Building, new City garage, Police Headquarters Building, main Fire Station and the City Hall/Osceola. 4 f Page 2 * A stub-out for future connection with Pinellas County Emergency Operations Center, Pinellas County Geographical Information System, City radio tower at Lakeview and Prospect Streets, the Ilarborview Center and the main City library. In addition to the construction costs which will, of course, be paid to Creative-Beers, Inc., a.professional fee of $755000 is associated with the work. The professional fee is divided in the following manner: * $42,500 will be paid to Bay Resources Communications Consultants for the cabling design. Each of the hundreds of work stations located in the various building must be individually cabled in accordance with the specific activities occurring at the station. * $19,500 will be paid to Architectural Engineering, Inc., our electrical subcontractor, already serving our project. AEI will interface all cabling with the buildings' electrical system as well as take part in the design of the cross-country fiber optic interconnections. * Rowe Architects, Inc., will be paid $15,000 to administer and manage the work's progression, to inspect all work, authorize payments and to stand responsible for the adequacy and performance of the entire project. WCBIcb a ?,, . 7 Clearwater City Commission G M Agenda Cover Memorandum item # Meeting Date: _. 11/2125 SUBJECT: Beach Restoration RECOMMENDATION/MOTION: Adopt Resolution #95-80 requesting federal assistance in the restoration of beaches in Pinellas County. ® and that the appropriate officials be authorized to execute same. BACKGROUND: Mr. Jim Terry of the Pinellas County Engineering Department has requested that the City Commission of the City of Clearwater pass the resolution attached. The County Engineering Department as lead agency for all beach restoration in Pinellas County will forward our resolution along with similar ones from other cities to the appropriate parties. Attachment: Resolution #95--80 Reviewed by: 0 Originating Dept: costs: Commission Action: Legal - Total 13 Approved Budget Purchasing N A N/A Administration ? Approved w/conditions Risk Mgmt. N/A User flzpt' Current Fiscal Yr. 13 Denied cis ACM N/A I Funding source: ? Continued to: Other 13 Capital imp. Advertised: ? Operating Attachments: Date: ? Other Paper: ll ? N d i ot Requ re Submitted bye Affected Parties Appropriation Code: ? None ? Notified Ci ana er ? Not Required 18 RESOLUTION NO. 95-80 A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA, REQUESTING FEDERAL ASSISTANCE IN THE RESTORATION OF STORM RAVAGED BEACHES IN PINELLAS COUNTY; PROVIDING AN EFFECTIVE DATE. WHEREAS, Hurricane Opal spawned high winds and waves which had a devastating effect on the Federal Erosion Control Project in Pinellas County; and WHEREAS, Beach Erosion has caused a fifty to sixty foot regression of the shoreline within the communities of Clearwater, Belleair Beach, Belleair Shores, Indian Rocks Beach, Indian Shores, Redington Shores, North Redington Beach, Treasure Island and St. Pete Beach; and WHEREAS, the aforementioned communities are all completed Federal Beach Restoration Projects; and WHEREAS, Public law 8499 provides that the Federal Government can restore a completed Federal project to its pre-storm event; now, therefore, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA: Section 1. That the U.S. Army Corps of Engineers is urged to initiate the proper procedures to enact Public Law 8499 whereby authorization and funding can be obtained for the emergency restoration of the various Federal Beach Restoration Projects in Pinellas County. PASSED AND ADOPTED this day of 1995. Rita Garvey, Mayor-Commissioner Attest: Cynthia E. Goudeau, City Clerk GAS Clearwater City Commission =- ` Agenda Cover Memorandtun 19 Item a: Meeting Date: SUBJECT: JOINT PROJECT AGREEMENT WITH THE STATE OF FLORIDA'S DEPARTMENT OF TRANSPORTATION TO INSTALL NATURAL GAS MAINS DURING THE WIDENING PROJECT OF STATE ROAD 584 (Tampa Road). RECOMMENDATIONIMOTION: Approve a Joint Project Agreement with the State of Florida's Department of Transportation to install natural gas mains for relocation during the widening project of State Road 584 from West of Curlew Road to 400 feet East of Gim Gong Road at an estimated cost of $630,000.00 and adopt Resolution 95-81, _ a and that the appropriate officials be authorized to execute same. BACKGROUND: _ The State of Florida's Department of Transportation has a project to widen State Road 584 from 400 feet East of Gim Gong Road to Curlew Road. This Joint Project Agreement (JPA) will provide for the relocation of gas mains by the State's general contractor for the project which is projected to begin January 1, 1996. Having the general contractor install the gas mains will allow for this work to be done in a timely manner and release the Clearwater Gas System (CGS) from any penalty payments because of delays to the project. All restoration costs are also saved as the general contractor Is responsible for these costs under this agreement. This JPA provides for labor only at an estimated cost to CGS of $630,000.00 funded for Pinellas, Gas Line Relocation Bond Issue Project 315-96371. The gas materials for this project will be provided by CGS from existing inventory and will include 12,550 feet of 6" P.E. gas main, 1,100 feet of 4" P.E. gas main, 510 feet of 2" P.E. gas main, 2,195 feet of casing pipe, and various other gas fittings. These materials will be issued from the appropriate inventory codes and charged as Pinellas, Gas Line Relocation Bond Issue Project 315-96371. A first quarter budget amendment to transfer $630,000 from Gas Revenues to new CIP Code 315-96371, Pinellas phase II Gas Line Relocation. The transfer of Gas Revenues for this project is, in effect, a loan from the city's cash pool, and Is anticipated to be an interim solution as these monies will be reimbursed to the Gas Fund once the new bond monies are available and the Gas System Bond Funds established. Originating Department: Coats: Commission Action: neviswed by: :: Clearwater„C?sp,syetertl:: r, 9'83tl ddd:dd 13 Approved Legal "' Total ? Approved with Conditions Budget asf": User Departmjn t: <.:- S t33d t7Dd:00 ? Denied Purchasing x fav tlp. y Qeu drwbt?r:;6 stem;;::;::; Currant Fiscal Year 113 Continued to: Risk Mamt. : NlA?s4i Funding Source: IS NIA?`4> ""' ® Capital ACM : ' " Improvement: •• Advertised: Other £;.: i:.=, .....:. Operating: ? 316-$63' 1; Attachments- 4 .. €: other 6634100-02. . Hos. #95-81 . :. . 000 ' Engineer s EstimaU Submitted by: ® Not Required Appropriation Code ::iolnt pfojt?ut.AG1.AA(t?a Affected Parties ,.......:......... ........ .:.... ... ........ ...... Locator Map ? Notified ? Nona Ci sna r ® Not Required 0 Printed on recycled paper RESOLUTION NO. 95-81 A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA, REGARDING UTILITY JOINT PROJECT AGREEMENT BETWEEN THE CITY OF CLEARWATER AND THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION; AUTHORIZING THE EXECUTION OF AGREEMENTS FOR INSTALLATION AND ACCEPTANCE OF NEW CITY FACILITIES; AND AUTHORIZING THE PLACING OF FUNDS WITH THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION FOR THE COMPLETION OF THE UTILITY INSTALLATION; PROVIDING AN EFFECTIVE DATE. WHEREAS, the State of Florida Department of Transportation is constructing, reconstructing or otherwise changing a portion of the State Highway System, from E. of Gim Gong to SR586, which shall call for the installation.of new City gas facilities over and/or under said highway; and WHEREAS, the City requires additional gas capacity in certain locations within the construction limits of this project; and WHEREAS, the City has heretofore authorized that plans and specifications be prepared for the installation of said new City facilities over and/or under said highway; and WHEREAS, the plans and specifications have been prepared and approved by the City Engineering Department; such plans and specifications to be made a part of the Department's highway construction contract; now therefore, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA: Section 1 That the City of Clearwater enter into a Joint Project Agreement with the State of Florida Department of Transportation for installation by the Department of said new City facilities designated as Utility Job 3510, Section 15080, Parcel 1, RIW Job NIA, and that the City assume all costs incurred in the respective utility installations, which costs are estimated to be $630,000,00. Section 2. That the Mayor and City Manager be authorized to enter into such agreements with the State of Florida Department of Transportation for the installation and acceptance of said new City facilities, V.. - Section 3. ' That the estimated costs of such utility installations as set forth above be paid in advance to the State of Florida Department of Transportation in accordance with such utility installation agreement. PASSED AND ADOPTED this day of , 1995. Rita Garvey, Mayor-Commissioner Attest: Cynthia E. Goudeau, City Clerk MAIN EXTENSION FEASIBILTY COST ESTIMATE FOR CUSTOMERS ON 1 /q / ?T?' DATE C?- ?? 9 CITY QUANTITY UNIT MATERIAL DESCRIPTION UNIT PRICE COST ZZ-00 e?T .?/ ., ? t?v/vim ©Z +? • o w D "SSE a 7-5 A _61A /4.oU ..# FrCZ•ao A C•q 0 oao e cu?r? ? . o r b I MATERIAL TOTAL AWW6c 3 f - - X049. fr3 QUANTITY -LABOR HOURS UNIT PRICE COST A LABO R TOTAL DOo QUANTITY EQUIPMENT DESCRIPTION HOURS UNIT PRICE .COST E UIPMENT TOTAL LABOR TOTAL MATERIAL TOTAL TOTAL EST. COST _ a E.A.A. ?E7 « MATERIAL ! OF S ?X .10 = ,9 ?,\ OK LAB/EQUIP Q?Qa X .15 = + no- } 6 .37 ( E.A,R. ) {100) CONSTRUCTION COST .37 { .. { 100 lot) •., PAY BACK PERIOD CUSTOMER PARTICIPATION REQUIRED $ ?u' STAT13 OF FLORIDA nL'PARTME" OF TRMSPORTATlatt JOINT PROJECT AGREEMENT F0RAt1{o-010.22 UTILITY INSTALLATION BY HIGHWAY CONTRACTOR trrarr?s.oana Psas I ors NONREIMBURSABLE •:1 n ?°. i {" 1 <x?+ ^;ks. •??-?. •<y: F` r • '?g'.a t?' T Xvy ,. ?. ... >:,. l' • .J. ;A'.? a?.PiO? ;:i. .?SY vi.' ?? .•r. 'S;' ..b. `.,;? ::% SEG`TI[}N.O= . ??'?r ..t; 2:. :mi .?y?.::: ;:. ? f.. •.,a+ rSr '«'•.c. ; :r"A>•..: ON'FY :>....: r::{. a ?ij:'?` r S . s'?S ?.kr :ti:gr....JS , c}'.' 'i• ..a,:?i • iY^• <$y.l?AR :4 : '.vY.r: ?'•i - .ra,: '>'>?.?;.v. '`3: •4i?• ,,yy,,,, {.?f?. <?'.Siii:$'•?r ^v:?•^? E.n3Xr7?:?', r. w•, 3.. v., .s.;.44.-c<,%a .t a9:-.. u•r?r' S 3.. . it)x'.; i.!<'w;>: df• t,?hFAP:..; ., 7116900 15080-35108513 584 PINELLAS I XU-1520-(11) THIS AGREEMENT, made and entered into this ___. day of , 19_, by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, hereinafter referred to as the FDOT, and Clearwater Gas System, hereinafter referred to as UTILITY, an organization organized and existing under the laws of Florida, with its principal place of business in Clearwater, County of Pinellas, State of Florida. WITNESSETH: WHEREAS, the FDOT is constructing, reconstructing or otherwise changing a portion of the State Highway System designated by the FDOT as State Project No. 15080-3510, Road No. 5 84 from E. of Gim GM to SR586, which shall call for the adjustment, relocation and/or installation of the Utility's facilities along, over and/or under said highway; and WHEREAS, the plans for the said construction, reconstruction or other changes to be made, as above described, have been reviewed by the FDOT and the UTILITY, said above described UTILITY relocation, hereinafter referred to as "Utility Work"; and WHEREAS, the term "Cost of Utility Work" shall include the entire amount paid by the UTILITY properly attributable to such, work; and WHEREAS, the UTILITY has expressed its desire to assume all costs incurred by this Utility Work and has requested the FDOT to include in said Project certain plans and specifications to meet the UTILITY'S needs; and WHEREAS, the FDOT and the UTILITY have determined that it would be to the best interest of the general public and to the economic advantage of both parties to enter into a JOINT PROJECT AGREEMENT, hereinafter referred to as "JPA," providing for such work; NOW, THEREFORE, in consideration of the mutual covenants hereinafter contained, it is agreed by the parties as follows: 1. The FDOT and the UTILITY shall participate in a JPA, the scope of which will cover only the UTILITY facility within the limits of the project as included in the plans and estimate of the FDOT contract, more specifically described as gas main work. The estimated cost of said project is S_ 630, 000.00 including allowances; and the method of payment is specified in Exhibit "A" attached hereto and made a part hereof. 2. The UTILITY will prepare, at its expense, the design and plans for all of the necessary Utility Work specified above, and will furnish to the FDOT no later than ,,. October 16, „_ ., , 19 '95 complete original plans, FORM ]i "10-r. un rrms . o4m Page 2of$ same as FDOT's contract plans, all suitable for reproduction by the FDOT, together with a complete set of specifications covering all construction requirements for the Utility Work. Final plans shall be complete in every detail and will include a "Summary of Quantities" sheet. It will be the responsibility of the UTILITY to coordinate the development of the Utility Work plans with the FDOT'S plans. The FDOT, upon request by the UTILITY, will fiunish all available highway information required by the UTILITY for the development of the Utility Work plans; and the FDOT shall cooperate fully with the UTILITY to this end. 3. All of the work on the ]PA is to be done according to the plans and specifications of the FDOT which plans and specifications are, by reference hereto, made a part hereof. The UTILITY will be responsible for verifying the accuracy of the FDOT'S underground survey information, and will also be responsible for any changes to the UTILITY'S plans made necessary by errors or omissions in the FDOT'S survey information as furnished to the UTILITY. All errors, omissions or changes in the design of the Utility Work will be the sole responsibility of the UTILITY. In any conflict between UTILITY and FDOT specifications, the FDOT'S specifications will govern. All Utility Work covering facilities to be relocated to a position within the FDOT right of way will be accommodated in accordance with the FDOT "Utility Accommodation Manual." 4. The UTILITY, at its expense, will Furnish all engineering inspection, testing and monitoring of the Utility Work, and will also f unish the FDOT'S engineer with progress reports for diary records, approved quantities and amounts for weekly, monthly and final estimates. All field survey control for the Utility Work will be furnished by the UTILITY under the supervision of the FDOYS engineer. The coordination of the Utility Work with that of the FDOT contractor and other UTILITIES and/or their contractors will be the responsibility of the FDOT, and the UTILITY shall cooperate fully in this matter. All information required for Changes or Supplemental Agreements pertaining to the Utility Work shall be promptly furnished to the FDOT by the UTILITY upon the request of the FDOT. 5. The FDOT will provide the necessary engineering supervision to assure construction is in compliance with the plans and specifications hereinafter referred to, and shall receive all bids for and let all contracts for said Utility Work all at the sole expense of the UTILITY. All bids for said Utility Work shall be taken into consideration in the award of bid on the FDOT Project and the UTILITY shall have the right to review and reject any and all bids on the Utility Work. If said bids exceed the FDOT'S estimated cost by more than ten percent (10%), the FDOT may elect to participate in the cost involved in the Utility Work. Such participation shall be limited to the difference between the FDOT'S official estimate plus ten percent (101/6) and the amount awarded for the Utility Work. In the-event the FDOT does not elect to participate in the manner prescribed above and the bid is rejected by the UTILITY, then the UTILITY shall arrange, at its own expense, for the prompt construction of the Utility Work in accordance with the relocation schedule submitted by the UTILITY. In the event the UTILITY elects this option, the UTILITY shall notify the FDOT of its intent and request the refund of the deposited funds. Upon the receipt of such notice, the FDOT Shall amend the highway contract documents prior to award. The UTILITY shall cooperate with the FDOT'S contractor to schedule the sequence of the UTILITY'S work so as not to delay the work of the FDOT'S contractor. The UTILITY shall defend any legal claims of the FDOT'S contractor due to delays caused by the UTILITY'S failure to comply with their relocation schedule, and shall comply with all provision of the law and the FDOT "Utility Accommodation Manual," The UTILITY shall not be responsible for delays beyond its normal control. FOPW 710410-2 2 uTm,nms .04194 Pap ) of S 6. All adjustments, relocations, repairs and incidentals required to be performed to the existing utilities within this project, not included in this contract, will be the sole responsibility of the UTILITY and will be handled under a separate agreement and utility relocation schedule. All such wort: is to be coordinated with the construction of this project and in a manner that will not cause delay to the FDOT contractor. 7. All services and work under the construction contract shall be performed to the satisfaction of the DISTRICT DIRECTOR OF OPERATIONS or designee, and he shall decide all questions, difficulties and disputes of whatever nature, which may arise under or by reason of such contract for Utility Work; the prosecution and fulfillment of the services thereunder, and the character, quality, amount and value thereof; and his decision upon all claims, questions and disputes thereunder shall be final and conclusive upon the parties hereto. 8. The UTILITY agrees that it will, at least seven (7) days prior to the FDOT'S advertising the construction project forbid, furnish the FDOT an advance payment, including allowances, in the amount of $ 630,000-00 for payment of said Utility Work. In the event that the actual bid amount plus allowances is greater than the amount previously provided, the UTILITY agrees that, within fourteen (14) calendar days of notification by the FDOT, it shall make an additional payment so that the total amount provided prior to award of the bid equals the bid amount plus allowances. If the accepted bid amount plus allowances is less than the deposit amount, the DEPARTMENT will refund the amount that the deposit exceeds the bid amount plus allowances if such refund is requested by the UTILITY. Both panics further agree that in the event final billing pursuant to the terms of this agreement is less than the advance payment, a refund of the excess will be made by the FDOT to the UTILITY and that in the event said final billing is greater than the advance payment, the UTILITY will pay the additional amount within forty (40) days from the date of the invoice. The payment of funds as required above will be made as follows (choose one): X Directly to the FDOT for deposit into the State Transportation Trust Fund. Deposit as provided in the attached Memorandum of Agreement (Exhibit A) between UTILITY, FDOT, and the Florida Department of Insurance, Division of Treasury, 9. Upon completion and acceptance of the work, the UTILITY shall own, control, maintain and be responsible for all of its facilities, according to the terms of the utility permit. The UTILITY further agrees to comply with all provisions of die FDOT "Utility Accommodation Manual." 10. The UTILITY covenants and agrees that it shall, to the extent permitted by law, indemnifv, defend, save and hold harmless the FDOT from any and all legal actions, claims or demands by any person or legal entity against the FDOT arising out of the joint participation in this Agreement. 11. Upon final payment to the contractor for the entire project, the FDOT shall, within one hundred eighty (180) days, furnish the UTILITY with two (?) copies of its final and complete billing of all cost incurred in connection with the work performed hereunder, such statement to follow as closely as possible the order of die items contained in the job estimate. The final bitting will show the description and site of the project; the date an which the first work was performed or the date on which the last work was performed or the last itcm of billed expense was incurred; and die location where the records and rOKM 71040-12 trrM HS • 04141 pads 4 of S accounts billed can be audited. All cost records and accounts shall be subject to audit by a representative of the UTILITY within three (3) years after acceptance of the project. In the event final cost is less than the advance payment, the FDOT will refund the balance to the UTILITY. If the final cost exceeds the advance payment, the UTILITY will be invoiced for the balance. Upon receipt of the fuml invoice, the UTILITY will reimburse the FDOT in the amount of such actual cost within forty (40) days. The UTILITY shall pay an additional charge of 1% per month on any invoice not paid within the time specified in the preceding sentence until the invoice is paid. 12. The UTILITY shall pay the FDOT'S reasonable attorneys' fees and court costs if the FDOT prevails in litigation for the enforcement of the provisions of paragraphs 1, 8 or 12 of this Agreement. 13. This document incorporates and includes all prior negotiations, correspondence, conversations, agreements or understandings applicable to the matters contained herein, and the parties agree that there are no commitments, agreements or understandings concerning the subject matter of this Agreement that arc not contained in this document. Accordingly, it is agreed that no deviation from the terms hereof shall be predicated upon any prior representation or agreements whether oral or written. It is further agreed that no modification, amendment or alteration in the terms or conditions contained herein shall be effective unless contained in a written document executed with the same formnlity and of equal dignity herewith. lit. This Agreement shall be governed, interpreted and construed according to tl:e laws of the State of Florida. 15. If any part of this Agreement shall be determined to be invalid or unenforceable by a court of competent jurisdiction, or by any other legally constituted body having the jurisdiction to make such determination, the remainder of this Agreement shall remain in full force and effect provided that the part of the Agreement thus invalidated or declared unenforceable is not material to the intended operation of this Agreement. I4 Font 710.010.22 [ Tmxrms • Ou41 Paso S ors IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed by their duly authorized officers, and their official seals hereto affixed, the day and year first above written. I? i UTILITY: Clearwater Gas System BY: (Title: l (SEAL) ATTEST(S): (Title: FDOT Approved as to Form, Legality and Execution BY: Attorney BY: District Utility Engineer STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION BY: (Title: Director of Production ) ATTEST(s): (Title: (SEAL) RECYCLED PAPERS L%Wbit A Sr9Z Pia 1 oil EXHIBIT "A" MENIORANDUNI OF AGREEMENT THIS AGREEMENT, made and entered into this day 199_, by and between the State of Florida, Department of Transportation, hereinafter referred to as "DOT" and the State of Florida, Department of Insurance, Division of Treasury, hereinafter referred to as "Treasurer" and Clearwater Gas System, hereinafter referred to as the "Participant". WITNESSETH WHEREAS, "DOT" is currently constructing the following project: State Project No: 15480-35101 6513 F.A.P. No: XU-1520(11) W.P.I. No: 7116900 County: Pinellas hereinafter referred to as the "Project". Va=A.S, DOT and the Participant entered into a Joint Participation Agreement dated .. 199_, wherein DOT agreed to perform certain work on behalf of the Participant in conjunction with the Project. WHEREAS, the parties to this AGREEMENT mutually agreed that it would be in the best interest of the DOT and the Participant if an escrow account were established to provide funds for the additional work performed on the Project on behalf of the Participant by DOT. NOW THEREFORE, in consideration of the premises and the covenants contained herein the parties agree to the following: 1. An initial deposit in the amount of S 6A000.00 Six ? (LW= tires rimd do- i kwill be made by the "Participant" into an escrow account. Said escrow account will be opened by DOT on behalf of the Participant in the name of the Florida Department of Transportation with the Department of Insurance, Division of Treasury, Bureau of Collateral Securities upon receipt of this Memorandum of Agreement. Such account will be opened and shall be deemed an asset of DOT. Exhibit A V92 PIP 2 of 2 2. Other deposits will be made only by the Participant as necessary to cover the cost of the gas main work prior to the execution of any Supplemental Agreements. 3. All deposits shall be made payable to the Department of Insurance Revenue Processing and mailed to the DOT Office of Comptroller for appropriate processing at the following address. FLORIDA DEPARTMENT OF TRANSPORTATION Office of Comptroller (M.S. 24) 605 Suwannee Street Tallahassee, Florida 32399-0450 ATTN: JPA Coordinator A copy of this Agreement shall accompany the deposits. 4. The DOT's Comptroller and/or his designees shall be the sole signatories on the escrow account with Department of Insurance and shall have sole authority to authorize withdrawals from said account. 5. Unless instructed otherwise by the parties hereto, all interest accumulated in the escrow account shall remain in the account for the purposes of the project as defined in the IPA. 6. The Treasurer agrees to provide written confirmation of receipt of funds to the DOT. 7. The Treasurer's Office further agrees to provide periodic reports to the DOT. STATE OF FLORIDA STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION DEPARTMENT OF INSURANCE COMPTROLLER DMSION OF TREASURY PARTICIPANT SIGNATURE PARTICIPANT ADDRESS FEDERAL TAX I.D. CITY SIGNATURE PAGE - Joint Project Agreement between the State of Florida Department, of Transportation and the City of Clearwater - Project 915080-3510/6513 (State Road 584). Countersigned: CITY OF.CLEARWATER, FLORIDA • E Rita Garvey Mayor-Commissioner Approved as to form and correctness: Pamela K, Akin City Attorney By: Elizabeth M.. Deptula City Manager Attest: Cynthia E. Goudeau City Clerk 0. 4 ti tl C LL G G ?+ N 9 T, ?9w?rf? E?°4 Clearwater City Commission Agenda Cover Memorandum AA -- Item N Meeting pate: ,,.,....._,...?...? j j . a . SUBJECT: Extension of Franchise Agreement with Time Warner Entertainment/Advance Newhouse Partnership for an additional three months RECOMMENDATION/MOTIONS Approve extending the term of the franchise agreement with Time Warner/Advance Newhouse Partnership by three months to February 1, 1996, and pass ordinance No. 594395 ® and that the appropriate officials be authorized to execute same. BACKGROUND: The franchise agreement with Time Warner Entertainment/Advance Newhouse Partnership (TWE/AN) expired February 21, 1995. The franchise has been extended for six months to August 21, 1995, and for an additional three months after that. The City has been negotiating a new franchise, first with Vision Cable of Pinellas, Inc. and since the transfer of ownership of the franchise, with TWE/AN. The transfer of ownership and organizational changes at TWE/AN have prolonged the negotiations. Additional time is needed to conclude negotiations for anew franchise. Ordinance No. 5894-95 extending the present franchise agreement with TWE/AN for an additional three months to February 1, 1996, has been developed for Commission approval, TWE/AN has indicated its agreement with this extension. Reviewed by: f) originating Dept: Costs: S N/A Commission Action: Legal - k„ Informati n nagesnent Total a Approved Budget NIA ? Approved u/conditions N/A P h i x NIA urc as ng Risk Mgmt. N/A _ Current Fiscal Yr. ? Denied Is N/A User Dept: ? Continued to: ACM Funding Source: other ? Capital Imp. Advertised: perating © O Date: : Other Ordinance No. 5943--95 Paper: 17 N ired R equ ot submitted Affected Parties Appropriation Code: ? None ? Notified E] Not Required City Manager Co* Printed on recycled paper ORDINANCE NO. 5943-95 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, RELATING TO THE FRANCHISE AGREEMENT WITH TIME WARNER ENTERTAINMENT-ADVANCE/ NEWHOUSE PARTNERSHIP, TO AMEND THE FRANCHISE AGREEMENT TO EXTEND THE TERM OF THE FRANCHISE FOR A PERIOD OF THREE MONTHS, ENDING ON FEBRUARY 1, 1996; PROVIDING AN EFFECTIVE DATE. WHEREAS, Ordinance No. 2084 of the City granted a nonexclusive franchise for the use of City rights-of-way to Vision Cable of Pinellas, Incorporated; and WHEREAS, Ownership of Vision Cable was changed and the franchise was duly transferred to Time Warner Entertainment-Advance/Newhouse Partnership ("TWE/AN); and WHEREAS, Vision Cable of Pinellas, Incorporated now TWE/AN has submitted a renewal proposal pursuant to the provisions of the Cable Communications Policy Act of 1984 and the Cable Television Consumer Protection and Competition Act of 1992 (Federal Cable Act); and WHEREAS, additional time is required for discussions between the City and TWE/AN on a successor franchise agreement; and WHEREAS, in order to accommodate the franchise renewal negotiation process, the parties desire to allow for the extension of the current franchise and proceed with negotiations under the informal procedures of the Federal Cable Act; and WHEREAS, TWE/AN agrees to the extension of the franchise term to allow for such preparations; now, therefore, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The term of the franchise agreement between the City of Clearwater and TV%/E/AN, granted by Ordinance No. 2084 of the City, is hereby extended an additional three months such that the term shall expire on February 1, 1996. All other provisions of Ordinance No. 2084 as amendede shall continue in full force and effect. TVVE/AN shall operate in the same manner as prior to the extension. Operation in the same manner and under the same terms and conditions include, but not limited to, access and local origination operation and funding consumer service and complaint response, and compliance with all public safety regulations and applicable laws and regulations. Section 2. This ordinance shall not be construed to infer that the term of the franchise shall again be extended, or that TWE/AN shall be approved as a franchisee of the City beyond the extended term of the current franchise agreement. Section 3. This ordinance shall take effect immediately upon adoption. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Y Approved as to form and le I suffciency: Pamela K. Akin, City Attorney Rita Garvey, Mayor-Commissioner Attest: Cynthia E. Goudeau, City Clerk 2 0 ?? . APPONTME $KSHEET FOR COMMISSION MEETING 11lQvember_2-1995 APP_ONTME TS Agenda # *recv since notificatlon * * RECV since packs went out BOARD: Parks and gggruation Board MEMBERS: 9 TERM: 4 years (effective 11/18/93) CHAIRPERSON: Charles Weaver APPOINTED BY: City Commission MEETING DATES: 4th Monday, 6:30 p.m. RESIDENCY REQUIREMENT: City of Clearwater APPTS. NEEDED: 4 FINANCIAL DISCLOSURE: Not Required DATE APPTS. TO BE MADE: 11/2195 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. Date of Original Attendance Interest in Name Appointment -Record app ointment 1. Vacant - Hobbs resigned 2. Vacant - Haggard resigned 3. Stephan Guss 1992 NA NO 4. Michael Stafford 1992 NA NO current term for #3 & #4 expires 11130 THE FOLLOWING NAMES ARE BEING SUBMITTED FOR CONSIDERATION TO FILL THE ABOVE VACANCIES: *11. David Berry 3475 Northridge Dr., 34621 **2. Freda Clayton 2125 University Dr., S., 34624 3. Lawrence Lindner 1010 Duncan Ave. S. 34616 4. Gary Meritt 2318 Moorehave Dr., W., 34623 5. Bernard Panush 19029 US19N, #1-18, 34624 Zipcodes of current members on board: 3 at 34615 (one member ending 11/30) 1 at 34616 (this member ending 11130) 2 at 34624 1 at 34630 2 vacant Retired Education Consultant US Army Professional Mother, past Sales & Service Manager for Burdines Past member Beautification Committee General Contractor Past member Library Board CITY OF CLEARWATER Application for Advisory Boards (must be Clearwater resident) BE CEYVE ? OCT 1 s Name Horne Address: zip: 41 Office Address: ZIP: Telephone 221-273/- Telephone How Long a r i n of the City of Clearwater? Occupation a?1i.rTeo-lr Employer Field of Education: Other Work Experience: If retired, former occupation Ge. p - L! C - Community Activites: r ,r?-? mot, D ?f - s ?t L r7z?.k r? c.a.?lf`1 Other Interests: Board Service (current and past) Board Preference: 1. v Additional Comments: Signed: Date: Please see attached list for Boards that require f=inancial Disclosure. PLEASE RETURN THIS FORM TO: City Clerk's Department P.O. Box 4748 Clearwater, FL 34618 r t.- CITY OF CLEARWATER Application for Advisory Boards (must be Clearwater residgn ) Name Home Address: 21z.? lt.,? _?? ?y ?' J' Office Address: ? ?1? ...._ _.zip: ?- Y23175 _ ZIP: _ Telephone Telephone How Long a resident of the City of Clearwater? rs I Occupation Z1 % IftZeL l?G ef? Q ;WEmployer r!_ aon ole, V Field of Education: Other Work Experience: x-a .we4yez-' ) e f. ?if/ E kLo= ??{?1/?I ?GPi icrl_ f? ?s cT ??Prur e /ar/rTr eLS 90 /I/9l a?W ramowj c1her 1h„50 ehe 6zZ- 0, 4fa'oz- ccvri,C`p rl/qr -- 111g2 Community Activites: d l i425We4-k 41PI MEE Oil UAII VjVF r1 -y Other Interests: A4f?, d ffA 1416 - Lralls. !v I G ? ,?? A ? DC' ?'?tf? Fes' rh'E F? cvPid.c' /ilJrF.,?'it/.?dTiC?tlar'L .?lGlJ'EU . Board Service (current and past) Board Preference: J'AX-11V6 ?-? ?,VOWZ?--- 0' / 554) eV 0 4 1e,t"1V Additional Comments: _ 60ec- _,t`LL11TC1161-? _ Signed: _ Date: L? .S 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 F RE:DA DAVIS CLAYTON 2125 Usi?ersil? Dr. S. Cleanvaler. FL 34624-4835 (813) 441-1085 WORK EXPERIENCE PROFESSIONAL MOTHER Julv 2, 1943 - PROVENI' CASUAL CORNER, Cleanvater Mall Nov. 1991 - Nov. 1992 Assista?tt More Alimager Responsibilities included ovcritll store functions. fashion snores and seminars, inten-leaving ;Ind . [tiring sales help, and overseeing store employccs. BURDINES, Tampa Bay Centcr, Tampa Jan. 1990 - Nov. 1991 Group Selling.Vervice Ala?tager Responsibilities included fashion shorn, seminars, community outreach, inlervic?ring and hiring; sales help, cultivating and motivating selling staff, and daily departmental operations. VESTAVIA APARTMENT COMPLEX, Tampa J ine 1987 -Actg. 1987 Nummer Activities Director Responsibilities included organizing social cvents, advertising design, promotion, and fund- misin6. UNIVERSITY OF FLORIDA, Gainesville Ang. 1985 - Dec. 1986 MARRIED HOUSING DIVISION Editor Contributed to, edited, and designed lay-out for monthly ne?rs[ctlcr, THE DIAMOND GRAPEVINE. Also scn-cd as a find-raiser. EXPERIENCE IN SALES BURDINES, University Stluarc Mall, Tampa Jtt?me 1988-Atug. 1988 Dec. 198'7 - Jim. 1988 GAYFERS, Clcan?-titer Mail Dec. 1983 - Jan. 1984 .[tote 1983 - Attg. 1983 EDUCATION UNIVERSITY OF SOUTH FLORIDA, Tampa Jem. 1987 - Dec. 1989 B.S. Degree itt Alanageme?rt. Special studies included Personnel Management, Independent Research, Management Shills, and Organizational Analysis. OMccr in Student Finance Association during; senior)-car. SANTA FE COMMUNITY COLLEGE, Gainesville .Irt?t. 1985 - Dec. 1986 Special studies included Advanced Composition, Psychology, and Astronomy. ST. PETERSBURG JUNIOR COLLEGE, St, Petersburg Aag. 1984 - Dec. 1984 IIOLSBY BRUNN COLLEGE, Holsby l3num, Sweden Jan. 1984 -111a3, 1984 Special studies and European cultural experience. Responsibilities included Theater Director. i CLEARWATER II1G11 SCHOOL, Clearwater Aug. 1980-J1111. 1984 Listcd in WHO'S WHO AMONG AMERICAN HIGH SCHOOL STUDENTS. 1?)!i2 - lt)!i3 edition. Editor of high school literary magazine, FATHOMS. for ttco years. Had the lead in all schmil plays for junior and senior }cars. Journalist with high school newspaper, CLEARLIGHT, for ttco years. Key Club ntcntber in scttior ycstr. ASSOCIATIONS AND ACTIVITIES ORGANIZER OF THE UNIVERSITY DRIVE SIDEWALK OPPOSITION Summer 1993 STUDENT FINANCE ASSOCIATION, University of Smith Florida. Evevative I rcc Presitleirt (May - Dec. 1989). Chairperson rrf the Tutorial Committee (Jan. - June 1989). FINANCIAL MANAGEMENT ASSOCIATION. Attended the yearly conference in Philadelphia, PA (April 1989). INTERNATIONAL ASSOCIATION OF FINANCIAL PLANNERS. Appeared on chatincl 3 for the WEDU ftind-Posing telethon (March 1989). ADOPT-A-FAMILY. Assisted Director, Rhoda Tenvilliger, in providing for needy families (luring the Christmas season (Dec. 1988). INTERESTS AND HOBBIES Hobbies include walking, cross stitch embroidery, antiques, books, and gourmet cooking. lutcrests include history, motional and local politics, and City of Cleanvatcr activities. SPECIAL SKILLS . Computer software knowledge includes Wor0crfect and Microsoft Word. Also extensive writing acid editing experience. RESOLUTION N0. 95-79 A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA, ASSESSING THE OWNERS OF PROPERTY THE COSTS OF HAVING MOWED OR CLEARED THE OWNERS' LOTS. WHEREAS, it has been determined by the City Commission of the City of Clearwater that, for the purpose of promoting the health, safety and general welfare of the citizens and residents of the City, real property within the City should be cleared of weeds, rubbish, debris and other noxious material; and WHEREAS, notice pursuant to Section 20.38, Code of Ordinances, was provided to the owner of each of the lots listed in Exhibit A, and the notice required each property owner to cause the violation to be remedied or to file a notice of appeal within 10 days after the date the property was posted; and WHEREAS, the property owners have failed to take remedial action within the time provided and have failed to file a notice of appeal within the time allowed, or appealed the notice of violation but failed to take remedial action within the time provided by the Code Enforcement Board, and it became necessary for the City to take remedial action; and WHEREAS, the owner of each lot listed on Exhibit A has been provided with a notice and opportunity within which to pay the costs and administrative charges set forth on Exhibit A, but no payments have been received; now, therefore, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The City Commission finds the preamble hereof to be true and correct. Section 2. The City Commission hereby-assesses a lien upon each parcel of real property listed on Exhibit A for the actual costs of mowing or clearing, plus administrative costs, as shown on Exhibit A. Section 3. The City Clerk is hereby directed to prepare a notice of lien against each property listed on Exhibit A and to record the same in the public records of Pinellas County, Florida. 1995. PASSED AND ADOPTED this day of r Rita Garvey Mayor-Commissioner Attest: Cynthia E. Goudeau City Clerk •'/ "",? ADMIN. ZMAL_17ESCRIPT=01T CQB =&R TOTAL John K. Sherman Belleview Court BIk B Lot 10 $ 49.34 200.00 249.34 Robert/Ruth Smith Boulevard Heights Blk H Lt 2 61.89 200.00 261.89 Earl Scheib Realty Earl Scheib Commercial Center 194.08 200.00 394.08 Corp. Blk A Lot 1 Tertha Pugh/ Fairmont Sub Blk A Lot 14 52.02 200.00 252.02 Philip R. Joseph Milton P. Rooks Greenwood Manor Lot 9 75.00 200.00 275.00 Goldie W. Batten Greenwood Park BIk B Lt 12 35.00 200.00 235.00 W.S.F. Trust 816190 Greenwood Park #2 Blk E Lt 36 35.00 200.00 235.00 Martha C. Gerald Greenwood Park #2 BIk E 68.19 200.00 268,19 c/o Julius Gerald Lots 65-66 Kidder Properties Highland Pines 7th Add BIk 32 84.25 200.00 284.25 Inc. Lot 10 L.Lynn Rose Tre Jacksons C.E. Sub Blk 2 41.07 200.00 241.07 • Trust 541063413 N501 Lots 7-8 John W. Ottey Lakeview Heights Blk "I" Lt 4 40.80 200.00 240.80 City Housing Assist Palm Bluff Ist Add S501 Lt 14 35.00 200.00 235.00 Corp Maude Williams Est Palm Park Blk A Lt 2 Is rd 37.05 200.00 237.05 J. L. Johnson Christine Keno Palm Park BIk C Lot 8 75.56 200.00 275.56 Don W Eicher III Sec 22-29-15 M&B 31111 44.00 200.00 244.00 Daoul E. Debs Sec 22-29-15 M&B 32/15 46.43 200.00 246.43 Petrus/Jenita Spring Lake of Clearwater Lt 39 35.00 200.00 235.00 Ghozali The Church of Sciehto cti: // add Ix-.+ ?Q.4Zl 1? ; .? 1995 MANAUri? s Betty Deptula City Manager Box 4748 Clearwater, FL 34618 Two weeks ago the City Commission approved a closure of Cleveland Street, for the official opening of the Clearwater Building. Re: Closure of Cleveland Street for Sunday 5 November 1995 Dear Ms. Deptula, 1:: Due to an oversight on my part, the time approved for the street closure on Sunday 5 November from 5:30pm to 9 00pm, only allows for setting up the event and the event time itself. There is no time allowed for breaking down the event so the street can be reopened. At least 2 hours will be needed for clearing away equipment and cleaning the street so it can be reopened. This would mean the street closure being extended ,to 11:00pm. This letter is to formally request permission to be put on the agenda of the City Commission meeting on Thursday 2 November to get permission to keep the street open until 11:00p-m Sunday 5 November. 10&6 Office of Public Affairs e 118 N. Ft Harrsion St. Clearwater, FL. 34615 (813) 443-3748 (813) 442-0375 fax October 31, 1995 COPIES TO. COMMISSION NOV 01 1995 PRL-SS CLERK ! ATTORNry i Sincerely, Mary Sto " Public Affairs Dj`ector On the day wheii we can fitlly tnist each other, there will be peace on earth, L. Rots Hubbard --from Scientology: a Nell, Slant on Life 0 copy*dIP65,1971,199317L Ron Nubbud Al rilphlo lculwd Q Copy right 1993 by rite Cllurcit or96caloiogy, Flag Service QrganizAtion, Inc, Scientniogy is a trndemrrk snd service mark owned by Rcliginiii.'Teclinolog<, Ccnlcr and is teed % ills its petmission. City Commission October 27, 1995 C I T Y OF C L E A R W A T E R POST OFFICE BOX 4746 CLEARWATER. FLORIDA 34618-4748 COPIES TO: COMMISSION OCT 2 7 1995 PRESS CLERK ! ATTORNEY James Warner Sand Key Civic Association 1340 Gulf Boulevard, Suite 2-S- Clearwater, FL 34630 Dear Mr. Warner: This will acknowledge your October 23 letter to me requesting that the City of Clearwater consider the construction of rock revetments along the sea walls at Sand Key. I will bring this matter to the Commission's attention at our October 30 Work Session. Sincerely, Rita Garvey Mayor RG/WCB/cb cc: Commission Betty Deptula, City Manager Kathy S. Rice, Deputy City Manager William C. Baker, Assistant City Manager ev, ''Equal Employment and Allirmalive Action Employer' I-- , . . 1340 Gulf Boulevard, Suite 2-S • Clearwater, Florida 34630 FNDJ Telephon e: ($13) 593-2495 sSQC. Mayor Rita Garvey P.O. Box 4748 Clearwater, FL 34£18 October 23, 1995 COPIES ro: COMMISSrnk, OCT 25 1995 pritss cE_>= ? A770n tV, y Dear Mayor Garvey, We had been advised that the City Commission at a work session on October 2nd, had requested from Bill Baker a contingency plan for beach renourishment in the event the Federal project fell through. The report was primarily concerned with the respective advantages of the use of groins as opposed to the use of the dredged sand. As owners and residents on Sand Key we are most interested in providing temporary help to alleviate the situation until the final plans are put into action. We have been told by Rick McMillen of the U.S. Corps of Engineers and by Lonnie Ryder of the State, that the use of rock or similar protective measures will in no way jeopardize the time schedule for beach renourishment so long as what is done is not considered "renourishment". We have requested written confirmation from them of this and should have it in the very near future. In our discussion with Bill Baker, we asked if the Commission were to request from him recommendations for temporary or stop--gap measures, whether he could provide them with such a report. He indicated this could be done if he were asked to do so. Our situation on the bench worsens can a daily basis. A solution now for such emergency assistance that could result from such a study conceivably could save lives and property in the near future. We ask your assistance in moving forward and requesting that such a study be made as soon as possible. cry Truly Yours, ames Warner President 1} Tot Mayor Rita Cervoy Front Forida league of Cities 10-24-95 400po p, t or 1 L! 5r ? ? t? 1?.? ? . COPIES TO: October 24, 1995 TIME SENSITIVE COMMISSION TO: Selected City Officials OCT 2 5 1995 FROM: Kelvin J. Robinson, Legislative Director Pkfi8S CLERK / ATTORNEY RE: Survey on Federal Lobbying President Schultz is considering the formation of a federal lobbying team. As one of the key city officials within your Congressperson's district; we hope you will take a few minutes to complete this questionnaire and return it to the League. An explanation of the lobbying team is attached for your review. Please respond to the following questions: 1. Would you be interested in serving on this Team Yes No If responded "Yes," please proceed with question #Z. If Wo," please print and sign your frame below raid jar this fornt back to the League. Thank youl 2. Do you personally know: Senator Graham Yes Senator Mack Yes Your Congressperson(s) Yes Narne(s): No No.? No Ifyou respond "NO" to all ofthe above, please print and sign your name below and far this form back to flit League- Thank t oul Ifyou responded "Yes" to any ofthe above, please continue, 3. Would you feel comfortable discussing municipal issues witli your congressperson(s)? For example, unfunded federal mandates, regulatory reform or federal restnicturing of block grants? Yes No 4. Are you active in the same political party as your congressperson, Yes No 5. Do you know the regional or staff director of your congressperson's office? Yes No 6. Participation on this lobbying team will likely include meetings in January and June, plus a trip to Washington for lobbying. If appointed, will you be able to participate in these activities? Yes No Please sign: print: Please return this form to me at the League by FAX no later than Friday, October 27. The Leaguer fax number is (904) 222-3806. Thant: you 11 PRELIMINARY AGENDA Clearwater City Commission Worksession - 9:00 A.M. - Monday, October 30, 1999 Clearwater City Commission Meeting - 6:00 P.M. - Thursday, November 2, 1995 Service Awards Convene as Pension Trustees Reconvene as Commission PRESENTATIONS 1. Safety Recognition Award to Clearwater Gas Department's Construction Division FN FINANCE 1. Purchase of Human Resources & Payroll software, 96 training units, 1st year maintenance, & related implementation costs from PeopleSoft, Inc., Walnut Creek, CA, at an est. $282,505; approve est. $28,185 for purchase & installation of frame relay communications equipment from General Telephone Company of Florida; approve est. $45,720 for purchase of 13 micro computer workstations from Dell Computer; approve est. $171,810 for Digital Equipment Corp. AXP hardware; for a total est. $528,220; financing of the computer equipment {$229,068} to be provided under City's master lease-purchase agreement (Consent) GAS GAS SYSTEM 1. Joint Project Agreement with FDOT to install natural gas mains for relocation during widening project of SR584 from W of Curlew Road to 400' E of Gim Gong Road, at an est. $630,000; Res. #95-81 - authorizing execution of agreements for installation & acceptance of new city facilities; and authorizing placing of funds with FDOT for completion of the utility installation GS GENERAL SERVICES 1. Contracts for purchase of vehicles to: Don Reid Ford, Inc., Maitland, FL, Twenty-Two marked 1996 Ford Crown Victoria patrol units, for $469,370 and Five 1996 Ford Taurus 4-door intermediate sedans, for $78,255; Plaza seep-Eagle-isuzu, Leesburg, FL, Three 1996 Eagle Vision 4-door full-size sedans, for $50,866; Regency Dodge, Inc., Jacksonville, FL, Seven 1996 Dodge Dakota 1/4-ton 4x2 pickups, for $82,804.75 and Three 1996 Dod Ram LT 1/2-ton 4x2 pickups, for $42,321; Brandon Chrysler Plymouth Jeep Eagle, Inc., Brandon, FL, One 1996 Jeep Cherokee 4x2 utility vehicle, for $16,513.01; and award an administrative fee of $2,050 ($50/vehicle) to Florida Sheriffs Association, for a total not to exceed $742,179.76; financing to be provided under City's master lease-purchase agreement (Consent) _ a m Q U k4s C? Rh j SGT II - Q - r`5 RyCnd,-,- PR PARKS AND RECREATION 1. Contract to purchase replacement lighting equipment for Frank Tack Paris to Hughes Supply, Inc., for $55,000 (Consent) 2. Contract to construct the Countryside Community Recreation Center Building to Bollenback Builders, Inc., for $1,424,678; prepare change order to reduce the cost to $1,399,678; authorize additional funding and approve Agreement with Florida Power Corp. for City to park cars on the adjacent utility r-o-w 10/30/95 EN ENGINEERING 1. C.O.# 1 to Del Oro Storm Replacement Contract to Overstreet Paving Co., Largo, FL, increasing the amount by $90,065, for a new total of $964,286.75; and approve a time extensino of 120 days (Consent) 2. Contracts for demolition of commercial structures at 1171-1 175 Cleveland Street & 900 Chestnut Street to Terra Excavating, Inc., Largo, FL, for $33,197; to Lang Engineering of Tampa, FL, for 900 Chestnut asbestos removal for $80,544; to Occupational Health Conservation, Inc., Tampa, FL, for 900 Chestnut observation of asbestos removal for $6,085; for a total $119,826 (Consent) CP CENTRAL PERM1TTiNG 1% Variance(s) to Sign Regulations for property located at 2650 Countryside Blvd., Sec. 29-28-16, Rustlewood Condominium (Rustlewood Condominium Assoc., Inc., SV95-43) CM ADMINISTRATION 1. Amendment to existing contract with Rowe Architects, Inc. to provide architectural services associated with telephone, data & TV cabling interconnecting the new Municipal Services building, the new Police Headquarters building, the new garage building, the existing Fire Department Headquarters & the existing City Hall building for $77,000; and Amendment to existing contract with Creative-Beers contractors calling for construction - installation of the interconnecting network for $712,295 resulting in an increase to existing guaranteed maximum price from $15,875,000 to $16,587,295 2. Res. #95-80 - requesting federal assistance in the restoration of beaches in Pinellas County 3. First Reading Ord. #5943-95 - extending cable franchise agreement with Time Warner Entertainment-Advance/Newhouse Partnership to 211196 CLK CITY CLERK 1. Parks & Recreation Board - 4 appointments CA LEGAL DEPARTMENT Second Reading Ordinances 1. (Cont. from 10119195) Ord. #5918-95 - Land Use Plan Amendment to Commercial General for property located at 1984 Sunset Point Rd., Sunset Oaks Sub., Lot 2 less road on S and part of Lot 1 (L. J. Parham 1 Cope, Trustee, LUP95-27) 2. (Cont. from 10119195) Ord. #5919-95 - CN Zoning for property located at 1984 Sunset Point Rd., Sunset Oaks Sub., Lot 2 less road on S and part of Lot 1 (L. J. Parham 1 Cope, Trustee, Z95-08) Resolutions 1. Res. #95-79 - Assessing owners of property the costs of having mowed or cleared owners' lots OTHER CITY ATTORNEY ITEMS 10/30/95 2 City Manager Verbal Reports Commission Discussion Items Other Commission Action Adjourn 10/30/95 3 / 0 -,3 v -- 9'5'? DRAFT i.1= TO FROM: COPIES: SUBJECT: DRAFT iU9,MWr4757R,, 4S S71S?0,Y 9,t (.+xyr« SAW Betty Deptula, City Manager Chuck Warrington, Managing Director, CGS File State'Safety Award for CGS Construction Division DATE: August 23, 1995 10 The Florida State Division of Safety recognizes organizations who have experienced no lost time injuries for sustained periods. Formerly, they have only recognized Municipalities or departments thereof. Recently, they have begun to recognize smaller units, such as Divisions or Branches. The attached correspondence submitted by the Tampa Area Office indicates that the CGS Construction Division will be recognized in the very near future. Please advise us of your preferred location for the presentation of the award to the CGS Construction Division: Commisssion Meeting, Department Head Meeting, CGS Employee Meeting, etc. DRAFT U` Please telephone me as these occur or leave me a voice mail message, I appreciate your assistance In this matter JTG/mc ' y5 Clearwater Gas System. NaNrelB Propene Gas 9 October 6, 1995 Mr. John Chandler Florida Division of Safety 9215 N. Florida Avenue Suite 105 Tampa, Florida 33612--7905 Dear Mr.. Chandler: Administrative O likes & Operations Center. 400 North Myrtle Avenue Clearwater. Florida 34615 Telephone 813 462630 Fax 813) 462-6636 The City of Clearwater desires that you make the presentation of the Safety Recognition Award 'to the 'Clearwater Gas Department's Construction-Division duritzg the City Commission Work Session at 9:00 a.m., October 30, x.995.' The Commission Woork Session is conducted in the Commission Chambers on the third floor of City Hall, located at 112 S. Osceola Avenue. Please advise immediately of any scheduling conflicts. We look .forward to your presentation on October 30, 1995. Sincerely, Milton C. Cason, Sr. Program Coordinator Safety/Training cc: Chuck Warrington Sue Diana sumVED OCT 4 9 1995 CITY CLARK DIR- }ror a Aenftfiier ettviroilment, . 'rise natrlrRfgas!