10/02/1997
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Agenda:
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City Commission
Meeting
1 0-2-97
; note:' 9-29-97 Preliminary (W orksession) Agenda and paperwork
, , that was in package initially but then not continued onto
Thursday's agenda is at the back of this agenda pack.
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ACTION AGENDA - CLEARWATER CITY COMMISSION MEETING
Thursday, October 2, 1997 - 6:00 P.M. - Commission Chambers
1 . Invocation
2. Pledge of Allegiance
3. Introductions and Awards
4. Presentations
5. Approval of Minutes - Regular Meeting
9/18/97 & Special Meeting 9/29/97
(attorney/client)
6. Citizens to be heard re items not on the Agenda
1. Dr. James Hilton, Central Christian Church.
2. Mayor.
3. Proclamation:
Fire Prevention Week - 10/5-11/97.
4. Video re 1 998 Nagano Olympics.
5. Approved as submitted.
Patrick Shepler, President IAFF, requested a fair contract and respect from labor negotiations.
PUBLIC HEARINGS
7. Public Hearing & First Reading Ord. #6192-
97 - Vacating 1 5' utility easement lying
between Lots 16-23, Blk B, Clearwater Beach
Park 1 st Addition and Lots 12-15, Blk A,
Clearwater Beach Park 1 st Addition Replat
(Heilman's Restaurant Inc. / Heilman Family
Ltd. Partnership, V97-15)lEN)
8. Public Hearing & First Reading Ord. #6179-
97 - Relating to Flood Damage Prevention
Regulations; amending Sec, 51.03, revising
definition of substantial improvement (CPI
9. (Cant. at 8/21/97) Variance(s) to Sign
Regulations for property located at 101 S.
Park Place Blvd., Storz Ophthalmics, Inc.,
Park Place, Lots 2 & 3 (The Grand Reserve at
Park Place Limited Partnership, SV97-09)(CPI
10. (Cant. from 9/4/97) Public Hearing & First
Reading Ords. #6172-97 & #6173-97 - Land
Use Plan Amendment to Recreation/Open
Space & OS/R & P Zoning for property
located at 2950 Drew St., Sec. 8-29-16,
M&B 44.01 (City of Clearwater, LUP97-07,
Z97-08) - Request to Continue
11. ICont. from 9/4/97) Public Hearing -
Annexation & 1) CH, 2) RS-4 Zoning for
property located at 1) 1 8350 US 19N, Sec.
19-29-16, M&B 44.12 & part of 44.11 & 2)
Hampshire Acres, Blk A, Lots 12 & 13
10/02/97
7. Approved provided a sanitary sewer utility
access portal is installed at the northerly line
of the subject easement to separate the
City's portion of the sewer line from the
restaurant's lateral and private easements are
dedicated to GTEr GTE Media Ventures &
Time Warner Cable. Ord. #6192-97 passed
1 st reading.
8. Approved. Ord, #6179-97 passed 1 st
reading.
9. Approved variance of 3 signs to allow 5 signs
at each entrance, and variance of 11.1 sq. ft.
to allow an aggregate sign area of 59.1 sq,ft.
at each entrance.
10. Continued to 11/6/97.
11. Continued.
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(Staring, TRE / Rite-On land Trust,
Progressive Development Group, Inc., 297-
08) - Staff request to continue due to P&Z
continuance
Public Hearing - Second Reading Ordinances
1 2. Ord. #6183-97 - Amending Operating Budget 12. Ord. #6183-97 adopted.
for Fiscal Year ending 9/30/97
13. Ord. #6184-97 - Amending Capital 13. Ord. #61 84-97 adopted.
Improvement Program Report and Budget for
Fiscal Year ending 9/30/97
14. Ord. #6189-97 - Vacating N 8' of 25' 14. Ord. #6189-97 adopted.
drainage & utility easement lying along S side
of Lot 66 Windsor Park 1st Addition (Richard
& Doris Harding, Jr., V97-13)
15. Ord. #6190-97 - Vacating 20' drainage & 15. Ord. #6190-97 adopted.
utility easement lying along N side of Lot 14,
less westerly 15'; and vacate 5' drainage
easement lying along E side of said Lot less
southerly 10' thereof; together with; 20'
drainage & utility easement and 5' drainage
easement, both lying along W side of Lot 13,
less northerly 12' and southerly 10' thereof,
The Reserve Sub. (William & Debra
Baumgart,' V97-14)
CITY MANAGER REPORTS
, CONSENT AGENDA (Items #16-29) - Approved as submitted.
The following items require no formal public hearing and are subject to being approved in a single
motion. However, any City Commissioner or the City Manager may remove an item from the Consent
Agenda to allow discussion and voting on the item individually.
16. Aooroval of Purchases & Declaration of Surplus oer 9/24/97 memorandum:
Extension, satellite copy machine service, Xerox Corp., includes all equipment & supplies other
than paper necessary to make photo copies by all departments, 11/1/97-9/30/98, est. $77,000 '
(1M)
Amendment, professional services agreement, HDR Engineering, Inc., to include maximum fee of
$115,229 for work in conjunction with additional alternatives provided by citizen & business
input for the Project Development and Environmental (PD&E) Study in progress (EN)
Shrimp & Bait for resale at Pier 60, West Coast Shrimp, 10/2/97-9/30/98, est. $30,000 (MR)
Increase contract with Stringer Tire Company, tire service, repair & replacement, to est.
$295,000 to provide funding for remaining period ending 12/31/97 (GS)
10102/97
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Misc. radio parts necessary to repair City's 800 MHz trunking radio system, Ericsson, Inc.,
10/3/97-12/31/99, est. $110,000 (G5)
Blanket Purchase Order for $145,000 to Flash Equipment, Inc. for emergency lighting, sirens,
speakers, trailer hitches, misc. lighting & other equipment for City vehicles, 10/3/97-6/30/2000
(GS)
Declare surplus to City needs, one Scotch lite Heat lamp Applicator, Serial #2363, and authorize
disposal through highest bid
Declare vehicles & equipment surplus to City needs, and authorize disposal through Tampa
Machinery Auction
17. Lease renewal, 1000 Vine Ave., Jurgens Addition to Clearwater, Blk E, part Lot 10, from Albert
& Linda Guy, 10/1/97-9/30/98, with one 1-year term option, $400 per month for total $4,800
(property used for North Greenwood Neighborhood Office) (CRT)
18. First Amendment to Fire Protection Services Agreement with Pinellas County Fire Protection
Authority, extending term to 3/31/98 (FD)
19. Contract for subaqueous directional bore of Dunedin Causeway to A & L Underground, Inc.,
$264,722 (GAS)
20. Ratify & Confirm Blanket Purchase Orders for purchase of vehicle parts from Fleet Products, Inc.,
for $71,500 (G5)
21 . Extend services of existing contract with Pitney Bowes Management Services (PBMS) to include
processing all city "office" mail, pre-sort tbulk) mail, temporary mail courier & other special
mailing projects, for $45,340 (1M)
22. Agreement with the School Board of Pinellas County for continuation of School Resource Officer
Program, for 1997-98 school year, at Clearwater High School & Countryside High School (PO)
23. Approve $23,737.44 donation in 1997 PILOT Funds, paid to City by Clearwater Housing
Authority (CHA) to Clearwater Homeless Intervention Project, Inc. (CHIP) to offset impact and
permit fees (PO)
24. Contract for renovation of infield playing surface at Jack Russell Stadium to Athletic Services,
$92,500 (PR)
25. Second Amendment to lease agreement dated 3/7/96 with Clearwater Newspapers, Inc.,
extending term to 1/31/98, renewable monthly thereafter at City option, Aiken Sub., Blks 9 &
10, for MSB/PS temporary parking facilities (EN)
26. Work Order, accidental emission release risk management plan, McKim & Creed, $126,500 (EN)
27. Approve ranking & award contract to Ash Engineering, Inc, for services related to Allen's Creek
Experimental Water Quality Treatment Demonstration Project, at a cost to the City of $65,800
(EN)
28. Amendment to Cooperative Agreement with SWFWMD for design & construction of an
Experimental/Educational Pond Project at Druid Road and Allen's Creek (EN)
29. Contract for consultant services, Natural Resources Planning Services, Inc., to complete Phase II
of City Street Tree Inventory, and authorize use of City Tree Replacement Fund for City's
$16,700 portion (EN)
OTHER ITEMS ON CITY MANAGER REPORT
30. Authorize City Attorney to execute a contract 30. Continued to 10/16/97,
with Siemon, Larsen & Marsh to prepare a
comprehensive revision to the City land
Development Code for $234,450 (CP)
10/02/97 3
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31. Approve collective bargaining agreement as
negotiated with FOP 10 for Fiscal Years
1997-98, 1998-99, and 1999-2000 (eM)
32. First Reading Ord. #6196-97 - Creating Sec.
30.054 imposing certain parking restrictions
within street r-o-w in residential areas, and
providing exceptions; creating Sec. 30.055
defining "Inoperative vehicle" and prohibiting
the keeping, storing, parking, or allowing to,
remain on public property of inoperative
vehicles for longer than 24 hours; creating
Sec. 30.056 prohibiting the parking of
vehicles upon public property or street r-o-w
for the purpose of displaying for sale;
creating Sec. 30.057 providing for
enforcement of Sees. 30.054-30.056;
renumbering Sees. 30.054 through 30.057
as Sees.' 30.058 through 30.061 ICRT)
33. First Reading Ord. #6197-97 - Amending
Sec. 20.35 to require certain maintenance of
the sidewalk portion of r-o-w by adjacent
property ownors (CRT)
34. First Reading Ord. #6198-97 ~ Amending
Sec. 28.10 to omit certain signage and
placement requirements for newsracks, to
provide for location determination by the City
Engineer, and amending notice requirements
(CRT)
35. 'Clearwater Magazine (eM)
36. Direction re Annexation Legislation (CLK)
37. Airport Authority - 1 appointment (CLK)
38. Other Pending Matters
31. Approved.
32. Approved as amended. Ord. 116196-97
passed 1 st reading as amended.
33. Approved. Ord. #6197-97 passed 1 st
reading.
34. Approved. Ord. #6198-97 passed 1 st
reading.
35, Approved.
36. City Manager to obtain information re
position of other Cities.
37. Appointed Dennis Roper.
38. None.
CITY ATTORNEY REPORTS
39. First Readings - a & b passed 1 st reading.
a) Ord. #6194-97 - Relating to Environmental Advisory Board; amending Sec, 2.160, relating to
members
b) Ord. #6195-97 - Relating to Library Board; amending Sec. 2.192, relating to members
,40. Other City Attorney Items - Request to hire outside counsel, Thompson, Goodis & Thompson,
for Wieslaw Skowronek vs, City, approved.
41. City Manager Verbal Reports
10/02/97
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City Manager reviewed goals for Commission direction and review: 1) redevelopment; 2) 2~year
budgeting process; 3) Fire Department master plan; 4) economic development plan; 5) customer
service improvements; 6) increased downtown efforts; 7} beach redevelopment; 8) integration of
technology to improve Information management; 9) improvements to operation efficiency; 10)
prioritization of Penny for Pine lias projects; 11) introduction of vision at community block parties; 12)
d~vp.lopment of management audits and benchmarks; 13) upgrade of Land Development Code; and 14)
enclave annexation.
Engineering Director Rich Baier provided updates: 1) Pinellas Trail through Downtown; 2) Memorial
Causeway Bridge; and 3) Pierce Street Pond.
Central Permitting Director Scott Shuford reported appearance of Harborview Center sign to be
modified soon.
42. Other Commission Action
Hooper noted events planned for 10/4/97: 1) Jazz-up Downtown; 2) "Make a Difference" fishing
tournament at Pier 60; and 3) Safety Village Open Hause.
Hooper encouraged Bel/eair cities to consider contracting services with Clearwater's Fire and Police
Departments.
Johnson congratulated Chief Klein for Weed and Seed grant which requires no match.
Johnson recommended reducing City's contribution to Jazz Festival now that beer and wine sales are
permitted. Issue will be brought back for discussion.
Seel requested quarterly updates of County and State road construction projects.
Seel reported the DDB's mural project is underway and the brochure to raise project funds has been
completed.
Seer questioned if children are protected from City drainage pipes during floods. Staff will report.
Seel requested update of reconstruction of Magnolia Street dock. City Attorney indicated City had not
been advised of appeal filed after permits were pulled. Staff is reviewing options and will report back
to Commission.
Garvev expressed concern City's budget did not fund Saturday in the City.
Garvev reviewed upcoming City events: 1) Sunsets at Pier 60 - Thursdays through Mondays; 2) little
Munich Octoberfest at Harborview Center - 10/3-5/97; 3) Jazz Holiday at Coachman Park - 10/16-
19/97; 4) Farmers Market at Station Square Park - Saturdays beginning 10/18/97; and 5) Kids Jazz
Fest and Workshop at Harborview Center - 10118/97.
Garv(1Y requested residents contact the City or Florida Power regarding problems related to street
lights.
10102/97
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Garvey questioned if formal Commission approval is needed for her trip to Winter Olympics in Nagano,
Japan. Staff'will report back '
Garvey'indicated a model of the City's Nagano hospitality center, Pavilion in the Sun, is on display in
Chambers. The City's mascot will be a "Sunlit."
43. Adjournment ~ 8:06 p.m.
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CITY OF CLEARWATER
Interdepartmental Correspondence
TO: Mayor and Commissioners
FROM. Cynthia E. Goudeau, City Clerk f)
SUBJECT: Follow up from September 29, 1997 Work Session
COPIES: Michael J. Roberto, City Manager;
DATE: October 2, 1997
In response to questions raised at the September 29, 1997, Work Session, the following answers
are in final agenda order:
Item #19 - Subaqueous bore of Dunedin Causeway ~ attached is a memorandum from Chuck
Warrington regarding the payback period for this project. ,\$ w.rt(, '\-k~
Item #21 ~ Pitney Bowes Mail services - the cost analysis is included in your packet.
Item #32 - Ticketing for Certain Parking in Rights-of-Way - For each $20 ticket the City will
receive $18.18.
Item #33 - Vegetation over Rights -of~Way - an amendment to address the concerns regarding
special trees will be proposed.
Item #35 - Clearwater Magazine ~ atuGhed is information regarding the funds that will offset a
portion of the cost of the magazine. \~ w\~ 'ct<-VY'.
Item #36 - Annexation Legislation - PPC provided the following information regarding the tax
revenue that would be generated annually (at the current Clearwater millage rate):
1) enclaves less than 3 acres $76J398.33
2) enclaves 3 to 10 acres $79,273.41
Total $155,671.74
, '
Item #40 - Other City Attorney Items - J\.ttached~i& a memorandum in which the City Attorney is
requesting authorization to assign defense in a lawsuit. '\ S' :\t: tf 0
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CI T Y OF C LEA R W ATE R
Interdepartmental Correspondence
TO: Mayor Garvey
FROM:' Sally Thomas, City Clerk Specialist ' ,
SUBJECT: Invocation
. COPIES: Cynthia Goudeau, City Clerk
DATE: October 2, 1997
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Tonight's invocation will be offered by Dr. James Hilton, Central Christian Church,
1200 Keene Rd. S., 33756
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, TO:
FROMI
COPIES:
Mayor Rita Garvey
Betty Blunt, Confidential Cleric/Receptionist
City Commissioners, Michael Roberto, Cyndie Goudeau
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SUBJECT: Presentation at the Octof:>er 2, 1997 City Commission Meeting
DATE:
October 2, 1997
The following presentations will be made at the October 2nd City Commission meeting:
PROCLAMATION
FIRE MARSHALL GOODLOE. FIRE PREVENTION WEEK
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CLEARWATER CITY COMMISSION
Agenda Cover Memorandum
Hem #
Meeting Date
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SUBJECT: Vacation Request 97-15 (Heilman)
. RECOMMENDATION/MOTION: Approve the applicants' request to vacate the 15.0 foot utility
easement lying between Lots 16 through 23, Block B, Clearwater Beach Park 1st Addition and Lots 12
through 15, Block A, Clearwater Beach Park rl Addition Replat (provided a sanitary sewer utility access
portal is installed at the northerly line of the subject easement to separate the City's portion of the sewer
line from the restaurant's lateral and private casements are dedicated to GTE, GTE Media Ventures and
Time Warner Cable) and pass Ordinance Number 6192-97 on the first reading.
o and that the appropriate officials be authorized to execute same.
SUMMARY:
. The easement is located along the east side of Heilman's Restaurant, 447 Mandalay Avenue.
. The applicant is proposing to enclose an existing overhang that is attached to the restaurant and encroaches into
the easement.
. The City has an existing sanitary sewer line located within the easement that serves the restaurant only.
. GTE, GTE Media Ventures and Time Warner Cable have overhead lines in the easement and have no objections
to the vacation request provided private easements are granted over their existing facilities.
. Florida Power has no objections to vacating the easement.
. Engineering Services has no objection provided a sanitary sewer utility access portal is installed at the northerly
line of the subject easement to separate the Citis portion of the sewer line from the restauranes lateral and
private easements arc dedicated to GTEJ GTE Media Ventures and Time Warner Cable.
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Reviewed by: Originating Dep~ ;A Costs: N/A Commission Action
-?7e- ""'/~. 0l C/l-
Legal Engineering / ^..Ti3 ICurrent FYI Approved
Budget N/A User Dept. Funding Source: Approved
w Iconditions
Purchasing N/A Capt. Imp.
Denied
Risk Mgmt. N/A Advertised: Operating
Cont'd to
IS N/A Date: 9/18 & 9/25/97 Other
ACM NfA
,1-1))/1 fvz., Paper: Tamoa Tribune
ENG, R-f 13 Not required:
OTHER NLA Affected parties Appropriation Codets) Attachments:
I \ '~, notified X
Submitted By: Pl N/A Ordinance No. 6192.97
City Manager Not Required
V
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ORDINANCE NO. 6192..97
AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA, VACATING THE 15.0 FOOT UTILITY EASEMENT
LYING BETWEEN LOTS 16 THROUGH 23 INCLUSIVE,
BLOCK B, CLEARWATER BEACH PARK FIRST ADDITION,
AND LOTS 12 THROUGH 15, INCLUSIVE, BLOCK A,
CLEARWATER BEACH' PARK FIRST ADDITION REPLAT;
PROVIDING AN EFFECTIVE DATE.
WHEREAS, Robert E. Heilman and HeilmanJs Restaurant, Inc., owners of real
property located in the City of Clearwater, has requested that the City vacate the utility
easement described in Exhibit A attached hereto; and
WHEREAS, the City Commission finds that said easement is not necessary for
municipal use and it is deemed to be to the best interest of the City and the general public
that the same be vacated; nowJ therefore,
BE IT ORDAINED BY THE CITY COMMISSION OF THE
CllY OF CLEARWA TERJ FLORIDA:
Section 1. The following:
15.0 foot utility easement as recorded in O.R. 4216, Page 1406, and lying
between Lots 16 through 23. inclusivel Block B, ClealWater Beach Park
Fjrst Addition, according to the map or plat thereof as recorded in Plat
Book 15, Page 80 of the public records of Pinellas County, Florida; and
Lots 12 through 15, inclusive, Block A, Clearwater Beach Park First
Addition Replat, according to the map or plat thereof as recorded in Plat
Book 21. Page 21 of the public records of Pinellas County, Florida,
is hereby vacated, closed and released, and the City of ClealWater quitclaims and
releases all of its right, title and interest thereto, provided that the existing private
easements to GTE Florida Inc., GTE Media Ventures Inc., and lime Warner
Communications Inc. are granted or retained.
Section 2. The City Clerk shalf record this ordinance in the public records of
Pinellas County, Florida, fonowing adoption.
Ord/mlnce No. 6192-97
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Section 3. This ordinance shall take effect immediately upon adoption.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Approved as to form:
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John Carassas ' ,
Assistant City Attorney
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Rita Garvey
Mayor.Commissioner
Attest:
Cynthia E. Goudeau
City Clerk
7
Q.dlnBnee No, 6192.97
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NORTH
NOT TO SCALE.
LEGAL DESCRIPTION OF EASEMENT TO BE VACA TE~
The 15.0 foot uttl1ty easement os recorded In O.R. 4216, Page 1406 and lying between
Lots 16 through 23. Inclusive. Block B, Clearwater Beach Pork 1 st Addition, according to
, the map or plot thereof os recorded in Plat Book 15. Page 80 of the Publlc Records of
PJnellcs County. Florida. and Lots 12 through 15, inclusive, Block A. CI eorwoter Beach
Park First Addition Replot, according to the map or plat thereof as recorded in Plot
Book 21, Page 21 of the Public Records of Pinellas County, Florida.
Vacated 15' Alley,
Retatned Utnay Easement La t 11
er O.R. 4216. P '406
100.85'
~ ~ 'lot 23
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k Lot 18
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100.&5'
PAPAYA
110.71'
Lot 12
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Lot 13 tV
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Lot 14 A:
Lot 15
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110.71'
S-T-R: OB-29S-15E
Grid: 267 A
THIS IS NOT A SURVEY
HEILMAN'S
Voc97- 1 5.dwg
Drown by: PWD
Dote: 09/02/97
EASEMENT VACA T/ON
REQUESTED BY APPLICANT
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Ordinance 6192-97
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Item #8
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Clearwater City Commission
Agenda Cover Memorandum
Meetin:':.:: !~~~!f:l:~::{
SUBJECT:
AMENDMENT TO FLOOD DAMAGE PREVENTION CODE
RECOMM ENDA TION/MOTION:
Pass on first reading Ordinance No. 61 79~97 revising the definition of substantial
. improvement
" lEI and that the appropriate officials be authorized to execute same.
SUMMARY:
The State of Florida recently changed their definition of substantial improvement for
construction in the Coastal Construction Zone in Clearwater (Clearwater Beach and Sand Key).
This new definition allows an owner to make changes to interior finishes without the cost
counting toward the five year cumulative total when multiple improvements or repairs are done
within this time frame. Examples of this type of interior finish work are: floor coverings,
painting, wall covering, expensive plumbing, and lighting fixtures. .
Our' proposed code' amendment reflects this change in State law. The change makes
compliance with flood protection requirements less onerous for our citizens.
Revlewod by: 1'h-5 Originating Department: Costs: Commission Action:
Legal Central Permitting N/A o Approved
Budget N/A User Dep8rt~t: Total o Approved w/Condltlon.
.. Purchallng N/A o Denied
Rllk Mgmt, N/A Central Permitting Current Fllleal Vear o Continued to:
.IS N/A Funding Source:
, ACM o Capital
ImpnHf'lIl4lnt:
Oth~r Advertlled: 0
Op.ratlng:
Date: 0 Attachments:
Olher:
" (.') Pap.r: Ordinance No. 6179.97
Submllled by: ~I 00 Not Required Appropriation Coda
Affacted Parties:
D Notified o None
City Manager \' 0 Not RequIred
. 0 P,lnt.d on r,oycl.d peper
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ORDINANCE NO. 6179-97
cz
AN ORDINANCE OF THE CITY OF CLEARWATER. FLORIDA. RELATING TO
THE FLOOD DAMAGE PREVENTION REGULATIONS: AMENDING SECTION
51.03 DEFINITIONS; PROVIDING AN EFFECTIVE DATE.
BE' IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
, CLEARWATER. FLORIDA:
Section 1. Section 51.03, Code of Ordinances. are amended the definltJon of substantial Improvement:
Substantlallmprovement means: '
(1) With respect to any property located on Clearwater Beach or Sand Key, any repair, reconstruction,
rehabilitation, addition or other Improvement of a structure during a five-year period. the cumulative cost of
which equals or exceeds 50 percent of the market value of the structure before the start of construction of
the Improvement;
(2) With respect to any property located In an area of special flood hazard other than on Clearwater Beach or
Sand Key, reconstruction. rehabilitation, addition or other Improvement of a structure during a one-year
period, the cost of which equals or exceeds 50 percent of the market value of the structure before the start of
construction of the Improvement.
(3) Exception: In detennlnlna the cumulative total cost. nonstructurallnterior finishes or roof coverina are used
onlv In the case of detennlnina substantial improvement for a slnale Improvement or repair. The
nonstructurallnterior finishes or roof caverina Improvements wlll nat count as the part of the cumulative cost
In future projects within the specified time frames in subsections (1) and (2) above.
For the purposes ofthls definition, construction Is considered to have started when the first alteration of any wall.
celllngJ floor or other structural part of the building commencest whether or not that alteration affects the external
dimensions of the structure. The term Includes structures which have Incurred substantial damage, regardless of
the actual repair work performed. The term does not, however, Include any project for improvement of a
structure to correct existing violations of health, sanitary or safety code specifications which have been Identified
by the building official and which are the minimum necessary to ensure safe living conditions. The term does not
Include any alteration of a structure listed on the National Register of Historic Places or the state Inventory of
historic places, provided that the alteration wlll not preclude the structure's continued designation as a historic
structure on such National Register or state inventory.
Section 2. This ordinance shall take effect upon adoption.
PASSED ON FIRST READING
PASSED ON SECOND AND
FINAL READING AND ADOPTED
Rita Garvey, Mayo~-Commlssioner
Attest:
Leslie Dougall~SI s
Assistant City Attorney
Cynthia E, Goudeau,
City Clerk
Ordllllll1te 6119.97
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Clearwater City Commission
Agenda Cover Memorandum
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Item II: ,~
cf1-
Meeting Date:
JlL~,~ ~ f]
SUBJECT:
Variance to the Sign Regulations; 101 S. Park Place Blvd.; The Grand Reserve at Park Place
Limited Partnership / The Grand Reserve at Park Place (Owner/Applicant); Timothy A. Johnson, Jr.
or E. D. Armstrong III (Representative).
(SV 97-09)
RECOM MENDA TI ON/MOTION:
Approve the following variances: (1) a variance of three signs to allow five signs at each entrance,
and (2) a variance of 11.1 square feet to allow an aggregate sign area of 59.1 square feet at each
entrance, on property identified as Storz Ophthalmics, Inc., Park Place, Lots 2 and 3, for meeting
Sec. 45.24, Standards for Approval, items (1 H4).
SUMMARY:
I!I and that the appropriate officials be authorized to execute same,
. This item was continued on August 21, 1997, because the applicant wished to reduce the
variance request.
. The Grand Reserve apartments will be built on Lots 2 and 3 of Park Place. On June 6, 1996,
both lots were rezoned from General Office to Residential Planned Development 16 for this
development.
. The development is divided by Park Place Blvd. A gated entrance will be constructed on each
side of Park Place Blvd.
. Signs will be placed at each entrance. The applicant proposes to place a 41.5 square foot
uGrand Reserve" sign in the median of each entrance. In addition, four "GR" logo signs with an
area of 4.4 square feet each are proposed to be placed on the gates of each entrance.
. The sign code allows placement of two 24 square foot signs at each entrance.
. The following variances are requested for each entrance: (1) a variance of three signs to allow
five signs, and (2) a variance of 11.1 square feet to allow an aggregate sign area of 59.1 square
feet.
Reviewed by:
Legal
Budget
Purchl.lng
Rl.k Momt.
IS
ACM
CRT
Submitted by:
Cltv Manaalr
o Printed on raeveled paper
NfA
NfA
N/A
NfA
N/A
Originating Departmont:
centrll~S"lttlng
User. Department:
Central Permitting
Costs:
Commission Action:
N/A 0 Approved
Total 0 Approved w/Condltlons
o Denied
Curr.nt Fiscal Yellr 0 ContInued to:
Advertl..d:
Funding Source:
o Capllal
Improv.m.nt:
o
OpalllUng:
o
Olllar:
Attachmonts:
Datil:
(" Paper:
o Not Required
Affected Partlos:
l:I!) Notllled
o Not Required
Application
Appropriation Code
o None
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SV 97-09
Page 2
The following table provides summary information regarding the proposed signs:
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Type of signs Entrance signs (freestanding)
.. . ... . . ..
',.: :P:errnitte,cf:',:
Location/orientation
Park Place Blvd. (one entrance is located
on each side of Park Place Blvd.)
5 signs per entrance
59.1 sq. ft. (total per entrance)
Yes
Yes
Setback
East side of Park Place Blvd.: 85.1 ft.
West side of Park Place Blvd.: 74.7 ft.
2 signs per entrance
48 sq. ft, (2 signs @ 24
sq. ft. each per entrance)
5 ft.
Number
Area
Staff Comments/Analysis:
Conditions support approval of the requested variances:
. The signs will be placed back from the street right-of-way a greater distance than the
minimum 5 foot setback established by code. Specifically, the signs will be back 85.1 feet
from the rjght-of~way on the east side of Park Place Blvd " and 74,7 feet on the west side of
of Park Place Blvd,
. According to statements made to the Commission on August 21, this development will be
heavily landscaped at the entrance, thus providing a high quality appearance.
. Approval of this variance will not detract from other nearby properties or the City.
Oi rection Existi ng La nd Uses
North 0 ffices
South 0 ffices
East Mo bi Ie ho me park
West Apartments
SV 97-09
Page 3
Relevant Previous Decisions by the Commission:
There have been no previous variance requests to place more entrance signs than the code allows.
FREESTANDING SIGN AREA
SV 96.22
501 Fairwood Ave,
SV 96-27
530 Fairwood Ave.
BrookgrElen
Apartments
Lantana
Apartments
17.2 sq, ft. to allow 41.2 sq, 11/7/96
ft./App'd,
Southeast sign: 14.7 sq, ft, to allow 11/7/96
38.7 sq. ft./App'd.
Southw~st sign: 9.6 sq, ft. to allow
33.6 square feet/App'd.
VARIANCE WORKSHEET ~ CASE NUMBER SV 97-09
STANDARDS FOR VARIANCE APPROVAL
(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.
(21 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,
~~""'.."""""'-;;.".~"..,-,. .
STAFF FINDINGS
Conditions support approval of the requested variances:
. The signs will be placed back from the street right-ot-way a
greater distance than the minimum 5 foot setback
established by code. Specifically, the signs will be back 85.1
feet from the right-of-way on the east side of Park Place
Blvd" and 74,7 feet on the west side of of Park Place Blvd,
. According to statements made to the Commission on August
21, this development will be heavily landscaped at the
entrance, thus providing a high quality appearance.
. Approval of this variance will not detract from other nearby
properties or the City.
The requested variances are appropriate to identify this use for the
reasons stated above.
The requested variances appear to satisfy this condition.
The sign regulations were adopted with the intont of enhancing
the visual quality of the City's streets and landscape in order to
protect the value of properties and the well-being of the local
tourist oriented economy. The granting of these variances appears
to be consistent with this intent.
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100 SO. MYRTLE AVE.. 2ND FLOOR
CLEARWATER. FL '481S
PHONE: 661-4561; PAX: G6!-4676
INSPECTION lJNE: lS8!-4G80
. .
&V'97-09
r
PROPERTY OWNERt]3) NAME &; ADDRESS: REPRESENTATlVES~ (tt any) NAME & ADDR&9S:
mE GRAND RESERVE AT PARK PLACE LIMITED TIMOTHY A. JOHNS ,JR., ESQUIRE
PARTNERSHIP. a Delaware limited partnership . ,_I~ELY. POPE. BOKOR. RUPPEL &
1101 North Lake Destiny Drive, Suite 400 911 Chestnut Street, P. O. Box 1368
Maitland, n.. 32751 Clearwater, FL 34617-1368
TELEPHONE: ~07) 660-8666 TELEPHONE: (813 )461-1818
ADDRF.sB OP BUBJECr PROPERTY:
101 South Park Place-Blvd. (1300 feet north of Gulf-to-Bay Blvd.)
NAME OF BUSINESS (IF APPLICABLE):
The Grand Reserve at Park Place
ZONING DISTIUCT: LAND USE CLASSIFICATION: . LAND AREA:
RPD-16 R/O/G ~'2 9.84 acres
,
UUlALDBSCRIPrJONOFStJBJ1i:CTPROPERTY:Lot 2'."~torz Ophthalmics, Inc. Park Place,
according to the plat thereof recorded in Plat Book 109. Page 9p. Pub~ic Records of Pinell.s
Attached County. Florida~
-PARCEL NUMBER: I I ,. I 117-29-16-85546-000-0020
-This iarannatiM ia available from yalU' (ax reeeiP,& or coatatt PineIlaa Co. Property App~1 Ofiice al.(64.82Q1.
It more than ane Darcel nmnher., attach 8 M :It 1 t Ir1ch sheet.
DESCRIBE SURROUNDING USES OF PRO~ERTY
NOlt}ff Em:
esearch and development facility Single-family residential
So"~. . West: Apartments
tfiees
VARlANCE~ REQUEST; . "3 . 1. " if
· (::I.) OW!- freestanding entrance sign to allow freestanding entrance
01gns where a maximum of 2 are pennittedi (u.) A ....rbRC38 tQ 4111910' <', ,,1BRQ (,If ~'. J 81. ft.
~;
" . ~
oagb ~o be etrol1Qd iAte C~g QAtr4lRO~QC~e. (i1i) , squire feet to allow a total
f ~.I.. , : t where a total of 48 sq. ft. is permitted.
freestanding sign area 0_ . sq. t.
SIGN V.ARIANCE APPLICATION
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"'~~~Joiii' AJ>>RRcjVAu'~':A.varranco Ihall.noc.~'a :erantod.b1 Ule c..,uy tAmaJUWWlI 'IUJW40'uU' AJlV"WJWVI'
. -and ev!deDCC preacnted clear1.r aupporc tl:ie'fDlWwfnr conditione: .
1) ~ere are IpOCIa1 ~ ralatad to the pardcUlar phyalcal &NaoundmP. l11apo Of topopaphical
condltiana &q)plieahlo to the land or buRcUnp, and such drcwn6tances are ~1iIlr to such land ot buildiJtp and do
iI~ apply pneran, to the land or bu11d1nr8 in tho appJable U1l1tnr district becaUJA:
See Exhibit "A" attached hereto and incorporated herein.
J) 'J.1J.o atde& app1Icatioa rl the proyiaions ollhe code would deprive tho appJicant at the reaJltWlllhIA uae cI the land
_ wUdfnp bec::aue:
"-
See Exhibit "A" attached hereto and incorporated herein.
8) 'lbe varianco fa not based oxeluaively upon 8 de9ire ror ocoltomic or other material gain by the applicant or
mm~~u: '
. .
See E~h~bit "A" attached hereto and incorporated herein.
4) The grantiJ:1gm:~variance will ba in harmony with tho ~eraI purpoae and int.entotthe Land Imelopment
"Code and Cotnpxehensive PIan and will not. be matoriaIJy iDjuriDua to 8t11TOUI1ding pl\"J~ or ~
datrimental t((the pu~Hc we1tare'because: - ,
.
.'
.
See Exhibit "A" attached heret.o and incorporated herein.
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THIS stJlJMlssrON,GIVFS AN APPLICANT THE OPPOlTUNITf TO REQUEST THE VARlANCEAND
APPEU BEFoRE THE DEVELOPMENT CODE ADJUS';rlrmNT,BOARD. FEES PAm ARE NON.
liEFUNDAlJ'iB':Ei.EGAJ1DLESS OFBOARDACTION. BY SIGNING THIS DOCUMENT I .AM
.ACKN~ING'THAT ALL FEES PAm DO NOT GUARAN'l'F.$APPRO~AL 0 ' THIS
~PLICATION. /J/ ~
SlGNATlJRlC Q'F'PROPli:RTYOWNICR (OR RESPRESENTATlVli)' /P~" -::;?/......., .~
. ([ncluda position and name ~bJe)
. . 'TIMOTHY A. JOHNSON. JR.
Swam to and IUbAcribed before me t}1fll 14 t h MY of J u 1 Y r A.D., J9 97
by. E. D. ARMSTRONG III ~boi8peroonalJiknow to~hup.rodueed
ft81dentiCicaUon. STATE OF FLOJUDA. COUNTY OF , {?INELLAS
t;.,. ~
~
Commiwion:
~' JAYNE E, SEAAS
.i i MY a:>>.MSSIOO' c:c:.J7an D.Pl.PES
. StpteIrbw 2. 1;W
. . ICNI!HlfIJ mo'I'rAll NUWCI,IC.
Jayne E. Sears
Name oCNotaty typed. prlntoo. or aUunped
N~ ' G
. paOPER1YOWNERORREPRESmrATJVE1AUBTA~HURJN.
. APPIJCATJON SHALL INCLUDE A~~ENT AND.Ar~URA~'~ PJ~N.
rom.t. 810NS VARIANCE (NtMImbu B. J095)141~
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JOHNSONJ BLAKELY, POPEr BOKOR, RUPPEL & BURNS, P.A.
ATTORNEYS AND COUNSELLORS AT LAW
I!. D. AAMSmONG nJ
BRUCEW.~
JOHN T. BIAKlit. V
DRuce H. 801<<)R
GUY M. tURNS
JONAllWi S. co.eMAN
MICHAEl. T, CftONlN
DUANE A. CAlKER
EUZA8 liTH J. DANI ELS
USA S, OOOCE
MARloN HALE
JAMU W, HUMANN
SCOTT c. ILGENFRITZ
FRANK R. JAXES
nMOl1iY A. JOHl'~"'. Jft
Si'V\RON e. KRICK
ROGER A. LAASON
JOHli R. \.A.W50N. JR.'
MICHAEL G. L1lTL;
MICHAEL C. MAAKHN,4
STEP~te T. M,MQUAAOT
DA.V1D J. OlilNGER
F. WALI.AC! pePE. JA.
DAAAYL R. RICHARDS
DENNIS G. RUPPEL'
CMARl.iS A. SAMllRKOS
JOHN A. SCHAI!JIIm
PHlUP M. SHASTEEN
CHARLES M, TATa.9AUM
JOAN M. WCCHlCIU
Am"BER W1tJ.1AMS
JUUUS J, ZS()WJ
'OF COUNSEL
PLI!ASE REP~y TO ClV.RWATER
F'\,!Ho.37262.94979
September'17. 1997
Mr. John Richter ,
Development Code Administrator
City of Clearwater
100 South Myrtle Avenue
Clearwater, FL 34616
Re: Application for Sign Variance Submitted by The Grand Reserve
at Park Place Limited Partnership ~ SV97-09
Dear John:
This Is to confirm the amended request for variance submitted by The Grand
Reserve at Park Place Limited PartnershIp. this Is a request for the following sign
variances which pertain to each of the entrances (one of the east sIde of Park Place
Blvd. and one on the west side of Park Place Blvd.):
1. A variance of three signs to allow five signs at each entrance: and
2. A variance of 11.1 square feet to allow a total of 59.1 square feet at each
entrance.
Enclosed for your information are 13 sets of each of the following;
1. An elevation showing the view of the entrance with one wall sign located
between two sets of gates. (This will be the same for each entrance.)
2. An elevation showing the dimensions of the wall sign. The elevation will
the same for both the east and west entrances.
~TDlomcc
111 OlSTtM'~
I'OSTOPI'GIOX 1_
CU'.ARWAT15t. f'L0Rf0A ~m.13M
~CIt))..tI.1"O
~III:1)<Hl"'1
'rNll'A OFACI!
IOV~ TAMPA$t1WOT
~ 1100
POn Of'I'IClIlOX mo
TNJPA. FLORIDA 33Gtl205145
~(t'~'2ZSnJO
Tti\ECOl'IlJ1 (l1:JJ ~ll I'
"
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09/17/97 16:45 tJ813 441 9817
JOIINSON BLAKELY
1lJ 002
JOHNSON , BLAKELY, POPE, BOKOR, RUPPEL & BURNS, P .A.,
ATTORNeYS AND CQUNse\.\.ORS I\T lAW
Mr. John Richter
, Development Code Administrator
, September 17, 1997
Page 2
3. An elevation of the "GRft sign whIch will be located on each side of the
gates (a total of 4 per entrance). '
4.A "site plan" showing the distance of the signs from the right~of~way of
Park Place Boulevard.
We understand that thIs matter Is schedul~d for hearing at the October 2 City
Commission meeting. If any additional infonnation Is required in preparation for the
, meeting, please contact me or my legal assistant. Jayne Sears.
~.
'e. O. Armstrong, III
EDAlar '
Enclosures
cc ' Ms. Usa DelGuidice
013866V.o1,
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:(0 SfGN VA8IAN~E APP1.ICAtI014
SV#97..q.a
1) There are special circumstance. related to the particular physIcal
surroundings. shape or topographical condltJons applicable to the 'and 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:
The Grand Reserve at Park Place is located on Park Place Boulevard within the
Park Place DRI. It;s currentJy the only apartment complex within the City of
Clearwater which is located within a DRJ.
2) The strict application of the provisions of the code would deprive the
applicant of the reasonable use of the land or buildings because:
The maximum entrance signs permitted by the Code are not adequate to identify
a development of this size and design.
3) The variance Is not based exclusively upon a desire for economic or
other material gain by the applicant or owner because:
The proposed signs will enable the applicant to provide an aeslhetfcaffy pleasing
entrance for the residents of this upscale apartment community.
4) The granting of the variance will be In harmony with the general
purpose and Intent of the land Deveropment Code and Comprehensive
Plan and will not be materially Injurious to surrounding properties or
otherwise detrimental to the pUblic welfare because:
The proposed signs are attractive and aesthetically In, keeping with the area.
They either face Park Place Blvd. or are contained within the development and
wlU not affect the surrounding properties.
.
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NAME: THE GRAND RESE8VE ~ T PARK PLACE / JOHNSO~
sv. 97-09 PUBUC HEARING DATE: AUGUST 21, 1997
AnAS PAGE: 291A SEe: lZTWP: 2S,S RGE: 16 E
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There was no paperwork as it was known the item would be continued.
A letter was received from the applicant's representative, dated 10/13/97 withdrawing
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DEVELOPMENT GROUP, INC.
Ms. Cynthia Goudeau '
City of Clearwater
P.O."Box 4748
Clearwater, Florida' , 33758
RE: Rlte..Qn land Trust
18350 US 19 North
Request for Anne,xatlon
Case No. A97-Ga
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DDr 1 ~ 111!: ~ FACSIMILE 562-4576
~ ... ,S 1997
'.-Ill"
GI.SR,
i( De Pr:
4929 Bayshore Boulevard
Tampa, Fl 33611
Tel (813) 805~0512
Fax (813) 805.0313
October 13, 1997
Dear Ms. Goudeau:
On behalf of our Client, Rite-On land Trust, Progressive Development Group, Inc. is
respectfully requesting the withdraw of our request for Annexation from the above referenced
location.
I'
Should you have any que~tions or require addltlonal information, please do not hesitate to
contact me.
2~~'
Vice President
CC: Greg Nowak, Rlte-On Land Trust
Etlm Udoh, City of Clearwater
Timothy J. Bauer, Progressive, Development Group, Inc,
041.Q1.00}0411013WRA.L01
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ORDINANCE NO. 6183~97
ld--
AN ORDINANCE OF THE CITY OF CLEARWATER,
'FLORIDA, AMENDING THE OPERATING BUDGET FOR
TIlE FISCAL YEAR ENDING SEPTEMBER 30, 1997 TO
REFLECT INCREASES AND DECREASES IN REVENUES
. AND EXPENDITURES FOR THE GENERAL FUND, SPECIAL
DEVELOPMENT FUND, SPECIAL PROGRAM FUND,
WATER AND SEWER FUND~ GAS FUND, SOLID WASTE
FUND, RECYCLING FUND, HARBORVIEW CENTER FUND,
AND ADMlNISTRA TIVE SERVICES FUND~ AS PROVIDED
HEREIN; PROVIDING AN EFFECTIVE DATE.
WHEREAS, the budget for the fiscaJ year ending September 30, 1997, for
, operating purposes, in'c1uding debt service, was adopted by Ordinance No. 6087~96; and
WHEREAS, at the Third Quarter Review it was found that an increase in
expenditures of $626,942 is necessary in the General Fund; an increase of $750,000 is necessary
in the Special Development Fund; an increase of $1,794,504 is necessary in the Special Program
Fund; an increase of$I,326,600 is necessary in the Water & Sewer Fund; an increase of $24,510
in the Harborview Center Fund; and an increase of $39,670 in the Administrative Services Fund;
and that sufficient revenues are available to cover these additional expenses; and
WHEREAS, a summary of the amended revenues and expenditures is attached
hereto and marked Exhibit A; and
WHEREAS, Section 2.5 I 9 of the Clearwater Code authorizes the City
Commission to provide for the expenditure of money for proper purposes not contained in the
budget as originally adopted due to unforeseen circumstances or emergencies arising during the
fiscal year;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY
COMMISSION OF THE CITY OF CLEAR WATER, FLORIDA;
, Section 1. Section 1 of Ordinance No. 6087-96 is amended to read:
Pursuant to the Amended City Manager's Annual Rcport and
Estimate for the fiscal year beginning October 1, 1996 and ending
September 30, 1997 a copy of which is on file with the City Clerk,
the City Commission hercby adopts an amended budget for the
operation of the City, a copy of which is attached hereto as Exhibit
A.
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Section 2. This ordinance shan take effect immediately upon adoption.
PASSED ON FIRST READING
September 18, 1997
PASSED ON SECOND AND FINAL READING
, Rita Garvey, Mayor~Commissioner
, i
Cynthia E. Goudeau, City Clerk
Al1ed ~ t
Pamela K.
form and legal sufficiency:
Attest:
'n, City Attorney
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Ordinance no. 6183.97
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Ordinance #6183.97
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EXHIBIT A (Continued)
1996.91 BUDGET EXPENDITURES
Firat Third
Quarter Mid Year Quartor
Original Amended Amonded Amended
Budget Budget Budget Budget Budget
1996/97 1996/97 1996197 1996197 Amendment
General Fund:
City Commission 201,880 246,880 272,120 297,120 25,000
Administration 2,967,940 2.978,993 2.983.673 3.166,373 182,700
Legal 1,075,650 1,075.650 1.074,880 1,074,880
City Clerk 675,720 675,720 681,490 680,490 -7,000
1M. Community Outreach 626.920 626,920 626,920 626,920
Finance 1,340,090 1,340,090 1,365,570 1,365,570
Human Resources 723,330 723,330 755,120 755,120
Police 23,769,360 23,769,360 23,760,010 23,730,010 -50,000
Fire 10,779.070 10,801,070 10,760,900 10,713,979 -46,921
Central PermItting 1,864,760 1,904,760 1,912,260 1,926,329 14,069
Clearwater Housing & Urban De 449,770 449,770 449,770 449,770
Parks & Recreation 10,380,010 10,420,955 10,411,291 10,339,291 -72,000
Ubrary 4,187,130 4,201,050 4,201,050 4,191,050 -10,000
Engineering. 4,991,970 4,991,970 4,940,300 4,860,300 -80,000
Public ServIces 1.665,660 1,665,660 1,665,660 1,665,660
Engineering - AIrpark Coordlnatl 59,260 59,260 59,260 59,260
Marine. Salling Center 124,480 124,480 124,460 124,480
Marine - Pier 60 269,780 269,760 269,780 269,780
NorrDepartmental 4,579,410 4,935,316 5,435.316 6,106,410 671.094
Total, General Fund 70,732,190 11,261,014 71,775,850 72,402,792 626,942
~
Special Revonue Funds:
Special Development 8,048,590 8,131,613 7,689,260 8,439,260 750,000
Special Program 1,058,000 2,305,428 4.291,453 6,085,957 1,794.504
SHIP Fund 0 0 0 572,384 572,384
Utility & Other i:nterprfs8 Funds:
Water & Sewer Fund 38,791,040 38,875.670 38,915,670 40,242,270 1.326,600
Gas Fund 19,111.460 18,802,920 19,123,959 18,502,099 --621,860
Solid Waste Fund 13,654,720 13.208.720 13,093,080 12,893,080 -200,000
Stormwater Utility Fund 4,049.720 3,643,210 3,602,440 3,602,440
Recycling Fund 2,380,260 2.385,261 2,276.091 2.241,091 ~35,000
Marino Fund 1,935,910 1,948,870 2,071,460 2.071,460
Parking Fund 2,582,060 2,582,060 2,586.820 2,586,820
Harborvlew Cenler Fund 1.863,440 2.049,731 1,671.545 1,696,055 24,510
Internal Service Funds:
AdminIstrative Servlcos Fund 5,990,910 6,017,590 5,913,630 5,953,300 39,670
General Services Fund 2.291,930 2,291,930 2,296,230 2,298,230
Garage Fund 7,910,180 7,926,955 7,946,843 7,946.843
Centrallnsuranco Fund 8,113,650 8,113,650 8,111,850 8,111,850
Total, All Funds 188.514,060 189,544,622 191.368.161 195,645,931 4,277.750
:-
Ordinance #6183-97
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ORDINANCE NO. 6184-97
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
A!v1ENDING THE CAPITAL IMPROVEMENT PROGRAM REPORT
AND BUDGET FOR THE FISCAL YEAR ENDING SEPTEMBER 30,
1997, TO REFLECT AN INCREASE IN BUDGET EXPENDITIJRES
TO EXPAND THE SCOPE OF PROJECTS IN THE FUNCTIONAL
CATEGORIES OF POLICE PROTECTION, FIRE PROTECTION,
NEW STREET CONSTRUCTION,BEAUTIFICA nON, GARAGE,
CITY HALL, MISCELLANEOUS, WATER SYSTEM, SEWER
SYSTEM AND GAS SYSTEM, AND TO REFLECT A DECREASE IN
BUDGET EXPENDITURES TO REDUCE THE SCOPE OF
PROJECTS IN THE FUNCTIONAL CATEGORIES OF MAJOR
STREET MAINTENANCE, LIBRARIES, BUILDING
MAINTENANCE, STOR11W A TER UTILITY, AND SOLID WASTE,
FOR A NET INCREASE OF $4,433,970; PROVIDING AN
EFFECTIVE DATE,
WHEREAS, the Capital Improvement Program Report and Budget for the fiscal
year ending September 30, 1997 was adopted by Ordinance No. 6088-96; and
WHEREAS, unanticipated needs necessitate an increase in expenditures for the
following: Police Protection $90,000, Fire Protection $99A09, New Street Construction $181,313;
Beautification $694,500, Garage $64,886; City Hall $79,406; Miscellaneous $1,184,601; Water
System $2,412,000, Sewer System $24,150, and Gas System $752; and
WHEREAS, funds of$4,461,318 are available to finance these projects through use
of General Fund Revenues, Special Development Fund Revenues, Pinellas County Commission
Revenues, Property Owners Share Revenues, Revenues from Other Municipalities, Reimbursement
from Southwest Florida Water Management District, Contractual Service Fees, Water & Sewer
Revenues, Administrative Services Fund Revenues, 1994-19968 Gas Bond Issue Revenues, Lease
Purchase Revenues; and
WHEREAS, Section 2.519 of the Clearwater Code authorizes the City Commission
to provide for the expenditure of money for proper purposes not contained in the budget as
originally adopted due to unforeseen circumstances or emergenci~s arising during the fiscal year; ,
NOW, THEREFORE, BE IT ORDAINED BY TIlE CITY
COMlvfISSION OF THE CITY OF CLEAR WATER, FLORIDA;
Section 1. Section 1 of Ordinance No. 6088-96 is amended to read:
Pursuant to the Third Quarter Amended Capital Improvement Program
Report and Estimated Budget for the fiscal year beginning October 1,
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1996 and ending September 30, 1997, a copy of which is on file with the
City Clerk, the City Commission hereby adopts a Third Quarter Amended
budget for the capital improvement fund for the City of Clearwater, a
copy of which is attached hereto as Exhibit A.
Section 2. This ordinance shall take effect immediately upon adoption.
PASSED ON FIRST READING
September 18. 1997
,PASSED ON SECOND AND FINAL READING
Rita Garvey, Mayor-Commissioner
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Approved as to form and legal sufficiency:
p!l K.UCily Attorney
Attest:' ,
Cynthia E. Goudeau, City Clerk
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Ordinance' no. 6184.97
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9/10/97
EXHIBIT A
CAPITAL IMPROVEMENT PROGRAM FOR FISCAL YEAR 1996/97
First Qtr Mid Year Third Qtr
Original Amended Amended Amended
Budget Budget Budget Budget
1996/97 1996/97 1996/97 1996/97 Amendments
Police Protection 0 -2,364 -2,364 87,636 90,000
. Fire Protection 453,180 455,352 545,352 644,761 99,409
New Street Construction 2,300,000 2,300,000 1,071,955 1,253,268 181,313
Major Streut MaIntenance 1.666,080 1,666,080 1,666,080 1,486,767 -179,313
S1dewalks & Bike Trails 430,000 430,000 337,697 337,697
Intersoctlons 285,000 285,000 285,000 285,000
Parking 175.000 175,000 52,995 52,995
Mlscellanoous Englnoering 1.700,000 1,707,489 1,379,489 1,379.489
Park Development '1,894,200 1,899.435 1,899,435 1.899,435
Beautification 40,000 40,000 40,000 734,500 694,500
Marine Facilities 320,000 319,969 326,119 326,119
libraries 820,560 820,560 781.423 778,916 -2,507
Garage 2,258,600 2,275,375 2,295,263 2,360,149 64,886
City Hall Annex 0 0 ~11,057 -11,057
Ma1ntanance of Buildings 200,000 8,060 8,060 -56,826 -64,886
City Hall 0 304,900 326.557 405,963 79,406
Miscellaneous 1,489,000 1,431,691 1,775,398 2,959,999 1.184,601
Stonnwater Utility 1,813,000 1,514,321 1,654.341 1.506,311 -146,030
Water System 2,245,000 2,245,000 6,369,094 6,761,094 2,412,000
Sewer System 7,660,000 7,704,564 3,604,564 3,628,714 24,150
Gas System 9,581,360 9,612,197 9,632,693 9,633,445 752
Solid Wasto 762,000 762,000 762,000 759,690 -2,310
Utilities Miscellanoous 0 78,037 76,037 78,037
Recycling 570,600 575,840 564,440 564,440
TOTAL 36,663,580 36.608,506 35.642,571 40.076,541 4.433.970
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ordinance no. 6184-97
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9/10/97
EXHIBIT A (Contlnuod)
CAPITAL IMPROVEMENT PROGRAM FOR FISCAL YEAR 1996197
Original
Budgot
1996/97
First Qtr
Amondod
Budgot
1996197
Mid Year
Amended
Budget
1996197
Third Qtr
Amended
Budget
1996/97 Amendments
GENERAL SOURCES:
General Operating Revenue 2,005,500 2,166,870 2,262,120 2,902,576 640,456
Genoral Revenue/County Co-op 210,560 210,!i60 210,560 210,560
Goneral Revenue/County EMS 73,680 73,680 73,680 73,680
Special Dovelopment Fund 0 -3,237 -3,237 746,763 750,000
Community Redevelopment Agency 0 68,120 68,120 68,120
Road Millage 1,591,080 1,591,060 1,591,080 1,591,080
Transportation Impact Fees 500,000 500,000 281,900 281,900
Infrastructure Tax 4,314,200 4,299,830 4,075,577 4,075,577
Development Impact Foos 100,000 100,000 100,000 100,000
Local Option Gas Tax 1,390,000 1,390,000 1,390,000 1,390,000
Grant 275,000 280,070 292,570 292,570
FEMA 0 2,172 2,172 2,172
Pine lias County Commission 0 25,113 51,582 65,719 14,137
Property Owners Sharo 0 210,100 239,730 777,000 537,270
Interest 0 0 1,043 0 -1,043
Donations 0 5,235 5,235 5,235
Other Munlc1palltlos 0 -9,492 -6,321 46,896 53,217
Reimbursement from SWFWMD 0 65,398 1,241,426 2,326,826 1,085,400
Rental Feos 0 11,195 11,195 11 ,195
Contractual Servlcen Fees 0 0 0 12,311 12.311
SELF SUPPORTING FUNDS:
Marino Operating Revenue 84,000 96,960 96,960 96,960
Partdng Revenue 175,000 175,000 175,000 175,000
Utility System:
Water & Sewer Rovenue 3,764,000 3,874,087 4,247,376 5,573,976 1,326,600
Water Impact Feos 110,000 110,000 110,000 110,000
WatorR& R 850,000 850,000 850,000 850,000
Sewer Impact 50,000 50,000 50,000 50,000
SewerR&R 1,000,000 1,000,000 1,000,000 1,000,000
Utility R & R 0 99,107 711,764 711,764
Retained EamJngs-5ewer 2,100,000 2,100,000 2,100,000 2,100,000
Gas Revenue 801,960 801,960 856,960 856,960
SoUd Waste Rovenue 542,000 542,000 562,000 562,000
Stonnwater Utility 1,250,000 843,490 843,490 836,490 -7,000
Recycling Rovonue 465,600 465,361 453,961 453,961
Grant 2,000,000 2,005,240 5,240 5,240
ordInance no. 6184-97
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9/1 0/97
EXHIBIT A (Continued)
CAPITAL IMPROVEMENT PROGRAM FOR FISCAL YEAR 1996/97
First Qtr MId Year Third Qtr
Original Amended Amended Amended
Budget Budget Budget Budget
1996/97 1996/97 1996/97 1996/97 Amendments
GENERAL SOURCES:
Harborvrow Center 0 186,291 186,291 186,291
INTERNAL SERVlCE FUNDS:
Garage Fund 85,800 102,575 122,463 122,463
Admin Services Fund 67,000 93,680 109,680 149,350 39,670
, BORROWING:
Lease Purchase 617,000 474,982 584,982 565,678 -19,304
Bond Issue. Sand Key 0 -473,000 -473,000 -473,000
" Bond Issue. Mom Cswy Bridge 0 0 -1,350,000 -1,350,000
SELF-SUPPORTING FUNDS:
Enterprise Laase Purchase 491,000 491,000 488,825 488,825
Current Water Bond 80,000 0 0 0
Gas Bond IS8ues 8,789,400 8,795,237 8,985,733 8,986,485 752
INTERNAL SERVlCE FUNDS:
Garage lease/Purchase 2,185.800 2.185,800 2,185,800 2,185,800
Admin Svc Lease/Purchase 695,000 752,042 850,614 852,119 1,505
TOTALS: 36,663,580 36,60B,506 35,642J671 40,076,541 4.433,970
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ordinance no. 6184.97
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ORDINANCE NO. 6189-97
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AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA, VACATING THE NORTH 8.0 FEET OF THE 25.0
FOOT DRAINAGE AND UTILITY EASEMENT LYING
ALONG THE SOUTH SIDE OF LOT66J WINDSOR PARK 1ST
ADDITION; PROVIDING AN EFFECTIVE DATE.
WHEREAS, Richard and Doris Harding, Jr., owners of real property located In the
City of Clearwater, has requested that the City vacate a portion of the drainage and utility
easement depicted in Exhibit A attached hereto; and
WHEREAS, the City Commission finds that said easement is not necessary for
municipal use and it Is deemed to be to the best interest of the City and the general public
that the same be vacated; now, therefore,
BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF CLEARWATER, FLORIDA:
Section 1. The following:
North 8.0 feet of the 25.0 Joot drainage and utility easement lying along
the south side of Lot 66, Windsor Park 11t Addition, as recorded in Plat
Book 58, Page 97 of the public records of Pineflas County, Florida
is hereby vacated, closed and released, and the City of Clearwater quitclaims and
releases all of its right, title and interest thereto.
Section 2. The City Clerk shall record this ordinance in the public records of
Pineflas CountyJ Florida. following adoption.
Section 3. This ordinance shall take effect immediately upon adoption.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
September 18, 1997
Rita Garvey
Mayor~Commissioner
~pproved as to form:
Attest:
~~ ~
John Carassas
Assistant City Attorney
Cynthia E. Goudeau
City Clerk
Ordinance No, 6189.97
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NOT TO SCALE
Lot 67 J
Windsor Pm'k '
1 st Addition,
P,8. 581
Page 97
E)(tsUng 50'
f.P.C. Easement
Exhibit U AU
ASHTON ABBEY RD.
75'
Lot 66,
Windsor Park
1 at Addition,
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Page 97
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EASEMENT VACA T/ON
REQUESTED BY APPLICANT
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Windsor Pork,
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S-T-R: 02-29S-15E
TI-fIS IS NOT A SURVEY
HARDING
voc97-13.qwg
Drawn by: PWD
Date: 08/12/97
Ordinance 6189-9'7
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ORDINANCE NO. 6190~97
15
AN ORDINANCE OF THE CITY OF CLEARWATERJ
FLORIDA. VACATING THE 20.0 FOOT DRAINAGE AND
UTILITY EASEMENT LYING ALONG THE NORTH SIDE OF
LOT 14. LESS THE WESTERLY 15.0 FEET; AND THE 5.0
FOOT DRAINAGE EASEMENT LYING ALONG THE EAST
SIDE OF SAID LOTJ LESS THE SOUTHERLY 10,0 FEET
THEREOF, ALL LYING IN THE RESERVE SUBDIVISION;
TOGETHER WITH THE 20.0 FOOT DRAINAGE AND
UTILITY EASEMENT AND THE 5.0 FOOT DRAINAGE
EASEMENT. BOTH LYING ALONG THE WEST SIDE OF
LOT 13. LESS THE NORTHERLY 12,0 FEET AND THE
SOUTHERLY 10.0 FEET THEREOF. ALL LYING IN SAID
SUBDIVISION; PROVIDING AN EFFECTIVE DATE.
WHEREAS. William and Debbie Baumgart. owners of real property located in the
City of Clearwater, has requested that the City vacate the drainage and utility easement
and drainage easement described In Exhibit A attached hereto; and
WHEREAS. the City Commission finds that said easements are not necessary for
municipal use and it is deemed to be to the best interest of the City and the general public
that the same be vacated; now. therefore.
BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF CLEARWATER. FLORIDA:
Section 1. The following:
20.0 foot drainage & utility easement lying arong the north side of Lot 14. Jess the
westerly 15.0 feet; and the 5.0 foot drainage easement lying along the east side of
said LotJ less the southerly 10.0 feet thereof. all lying in The Reserve Subdivision;
together with the 20.0 foot drainage and utility easement and the 5.0 foot drainage
easement. both lying along the west side of Lot 13, less the northerly 12.0 feet and
the southerly 10.0 feet thereof. all lying in said Subdivision. as recorded in Plat
Book 106, Pages 2 and 3, of the public records of Pinellas County, Florida.
are hereby vacatedJ closed and released. and the City of Clearwater quitclaims and
releases all of its right. title and interest thereto.
Section 2. The City Clerk shall record this ordinance in the public records of
Pinellas County, FloridaJ fOllowing adoption.
Section 3. This ordinance shall take effect immediately upon adoption.
Ordinance No. 6190~97
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Assistant City Attorney
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Septp-mber 18. 1997
,5
Rita Garvey
Mayor-Commissioner
Attest:
Cynthia E. Goudeau
City Clerk
OrdInance No. 6190-97
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(LEGAL DESCRIPllON OF EASEMENTS TO BE VACAlED)
Exhibit "Au
Vacate the 20.0 foot draInage and utnlty easement l)Vtg clang the north sIde of Lot 14. les9 the westerly
15.0 feet; and vacale the 5.0 foot drainage easement l)1ng along lhe east sIde of sold Lot, less the
southerly 10.0 feet thereof. 011 l)ing In The Reserve Subdlvtslon os recorded In Plot Book 106, Pages 2 & J,
of the public records of Plne/las County.
Together with:
Vacate the 20.0 foot drolnage & unity easement and the 5.0 foot drainage eosemen~ both l)1ng clong the
west stde of Lot 13, less the northerly 12.0 feet and the southerty 10.0 feet thereof, 011 l~ng In sold
SubdMston.
CURLEW ROAD
ExIst It Oron-
6: Uti Eosanent
EdIt. 15' Draa
II UtL Eotemltlt
Lot 14
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20' Drainage &- Utility
Easement Vacation
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Florida ,Convalescent
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P.S. 97, Pgs 24&25
Lot 12
10' Drainage
Easement Vacation
requested by Applicant
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OAKMONT DRIVE
S-T-R: 16-28S-16E
lHlS IS NOT A SURVEY
BAUMGART
voc97-14.dwg
Drawn by. PWD
Dote: 8/25/97
Ordinance 8190-97
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Interoffice Correspondence Sheet
To:
From:
Mayor and City Commissioners
c,? i€!J
George E. McKibben, Purchasing Manager (f~
Michael J. Roberto, City Manager
Cynthia E. Goudeau, City Clerk
CC:
Date:
September 26, 1997
Subject:
Purchases to be approved at the October 2, 1997, City Commission Meeting
,
The following items are purchases included in the approved 1997/98 budget. Contracts extending
into future fiscal years will be requested in the City Manager's recommended Operating Budget. All
recommended vendors are the lowest most responsive bidders in accordance with the specifications
unless a specific exception is noted.
A. Purchases
1. Extend the contract with Xerox Corporation, Tampa, Florida, for the purchase of satellite copy
machine service, including all equipment and all supplies other than paper necessary to make
photo copies by all departments in the estimated amount of $77,000. during the contract period
November 1, 1997 through September 30, 1998. Extension of the contract is authorized in the
terms of the bid-Pinellas County School Board Bid 95-015-101. Appropriation codes: XXX-
XXXXX-544100-XXX-OOO. (Information Management)
2. Amend the existing professional services agreement with HDR Engineering, Inc., Tampa,
Florida, to include a maximum fee of $115,229. for work in conjunction with additional
alternatives provided by citizen and business input for the Project Development and
Environmental Study which is in progress. Appropriation code: 315-92820-530300-541-000.
, (Engineering)
3. Award a contract to West Coast Shrimp, Palm Harbor, Florida, in the estimated amount of
$30,000. for the purchase of shrimp and bait for resale at Pier 60 during the contract period
10/02/97 through 09/30/98 in accordance with Section 2.54 i -Resale. West Coast Shrimp has
proven to be the only local company that can provide the quantity of fresh shrimp needed on a
daily basis. Appropriation code: 010-01374-531100-575-000. (Marine Department)
4. Increase the contract with Stringer Tire Company, Tampa, Florida, by $45,000. from the
previously awarded estimated amount of $250,000. to an estimated $295,000. to provide
funding for the remaining contract period that ends December 31, 1997. Tire costs have
exceeded original estimates due to a better quality of tire being purchased in order to extend the
useful life of the tire and to have tires that are better for future retread casings. Appropriation
code: 566-06611-550700-519-000. (General Services)
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5. Award a contract to Ericsson, Inc., Atlanta, Georgia, in the estimated amount of $110,000. for
the purchase of miscellaneous radio parts necessary to repair the Cityts 800 MHz trunking radio
system during the contract period October 3, 1997 through December 31, 1999, in accordance
with Section 2.564 (1) (b), Code of Ordinances'- Sole Source. Appropriation code: 566-06620-
550900-519-000. (General Servic~s) ,
6. Approve a blanket purchase order for $145,000. to Flash Equipment, Inc. for the purchase of
emergency lighting, sirens speakers, trailer hitches, miscellaneous lighting and other equipment
for City vehicles for the period of October 3,' 1997 through June 30, 2000, in accordance with
Section 2.546 (1) (d), other governmental bid. Appropriation code 566-06611-550600-519-000
(General Services)
B. Surplus
1. Declare surplus to the needs of the City of Clearwater and authorize disposal through highest
bid, one Scotch lite Heat Lamp Applicator, Serial #2363. Highest bid received if $475.00.
. 2. Declare the attached list of vehicles and equipment surplus to the needs of the City of
Clearwater and authorize disposal through Tampa Machinery Auction, Tampa, Florida.
rw~,
Tina Wil~ Budget Director
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Clearwater City Commission
Agenda Cover Memorandum
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Meeting Date:J'O. ~~97';:
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SUBJECT:
Lease for 1000 Vine Avenue for Community Response Team, North Greenwood Neighborhood Office.
RECOMMENDA liON/MOTION:
Renew lease for the period October 1, 1997, to September 30, 1998, with one one-year term option
from Albert L and Linda M Guy, for property at 1000 Vine Avenue, legally described as Jurgens Addition
to Clearwater, Block E, east 51.2' of Lot 10, at a cost of $400.00 per month for a total of $4,800.00
I!I and thatlhe appropriate officials be authorized to execute same.
BACKGROUND:
· ,This property was originally leased for the North Greenwood Satellite Office on Janu~ry 10, 1995.
,
· Staff negotiated with Albert L and Linda M Guy resulting in the proposed lease agreement renewal. This
'property is centrally located within the boundaries set in the Community Development Block Grant
(CDBG) program and has served the needs of both the community and the City very well.
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Costs:
,RevIewed by:
Legal
Budget
PurchasIng
RIsk Msmt.
IS
Fleet
.ACM
Other
$4,800.00
Total
Commission Action:
o Approved
o Approved w/Condillons
o Denied
o Contlnued to:
Current Fiscal Year
Suhmllted by;
Advertised:
N. A. Dale:
r.; ~ Paper:
o Not Required
Affected Parties:
o Notified
o Not Required
Funding Source:
o Capllallmprovl!m!!nl:
o OPl!ratln8:
o Olh!!r:
Attachments:
AGREEME~l"
Appropriation Code
010.{)9219.S44200.!i24.o00
o None
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City Manqer
o Prlnt~ on reqocled paper
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LEASE AGREEMENT
TIiIS LEASE, made this _ day of .1997, (the "Effective Date"), between ALBERT L. GUY and
LINDA M. GUY, as "Lessor". and CITY OF CLEARWATER. FLORIDA. a Florida Municipal
, Corporation, as "Lessee-. '
WITNESSETH:
ARnCll I . LEASED PREMISES
1.01 Lessor does hereby lease to Lessee those certain premises consistin~ of approximately 500 square
feet ("Leased Square Feet") of office space which represents 1000 Vme Avenue, Clearwater,
Flonda. '
1.02 A sketch of the Office Premises together with a floor plan is attached hereto as Exhibit "A".
1.03 This lease is subject to the terms, covenants and conditions herein set forth and the Lessee and
the Lessor each covenant as a material pan of the consideration for this Lease to keep 'and
perform each and all of said terms, covenants and conditions.
ARTICLE II . USE OF PREMISES
2.01 Lessee covenants that the Office Premises during continuance of this Lease shall be used only for
general office pUqJoses, and for no other pUlpose or purposes, without the written consent of
the Lessor, wnich may be ~ted or witlihelCl in Lessor's sole discretion. Lessee affirmatively
covenants to ok'erate the Office Premises for such purposes during the entire term of this lease
and to operate Its business pursuant to the highest reasonable standards of its business category.
Lessee will conduct such business in a laWful manner and in good faith. It is expressly
understood that Lessee shall have the exclusive right in the Office BuiJdin~ to conduct the uses
set fanh in this Section 2. Lessee represents that the proposed use is permItted by all applicable
zoning laws. In the event of a zoning violation by Lessee, Lessor shall have the right to
terminate the Lease by notice in writing and Lessee shall hold Lessor harmless and reimburse
Lessor for any expenses, liability or fine resulting from any use which violates such zoning laws.
ARTICLE ill w TERM AND COMMENCEMENT
.
3.01 The term of this lease shall be for TWELVE MON11iS commencing on October I, 1997 and
ending on September 30, 1998 with one one-year term option unless terminated as provided
herein.
ARTICLE IV - RENT
4.01
Lessee covenants that it will, without deduction, demand, or setoff pay to Lessor for the use of
the Office Premises during the term hereof the total rent of FOUR TI-IOUSAND EIGHT
HUNDRED AND -NO/l00-DOLLARS ($4,800.00), parable in equal monthly installments
of $400.00 Base Rent. Lessee is exempt from the obligatIon to pay State Sales Taxes under
Section 212.08(6), Florida Statutes, and as such, no Sales Taxes shall De due from or payable by
Page 1 of 14
5.01
6.01
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Lessee in connection with this Lease. The Rent shall be paid montWy in advance 011 the first
day of each month. and a like sum on or before the first day: of each and every successive
calendar month thereafter during the term hereof. The first and last month IS Base Rent shall be
due and payable on the Lease Commencement Date.
ARTICLE V ..tATE PAYMENT CHARGE
In addition to Lessor's remedies under the terms of this Lease, upon Lessee's failure to pay the
Base Rent or to make any other payments required to be made by Lessee hereunder within ten
(10) days after the date, Lessor reserves the right to chal'Ke a late payment charge for handling
of $25.00 (Twenty-five Dollars) plus one percent (1%) of the outstanding balance due for each
month or portion thereof. In no event snaIl the amount of such interest and late charge be in
excess of any usury laws, either Federal or State.
ARTICLE VI - RENEWAL
Provided that Lessee shall not be in default under this Lease, Lessee shall have the option to
renew this Lease for one additional term of twelve months ("Renewal Term") under the same
terms and conditions provided herein.
ARTICLE VII - UI1LITIES
7.01 The rent to be paid by Lessee provided in Section 4.01 includes utilities for water, sewer, and
stormwater. Lessee shall p~y electricity and heating, ventilation and air conditioning, and
janitorial services for the Office Premises. Further, Lessee shall contract for, and pay, aU other
charges measured by consumption or use for the Office Premises, including but not limited to
telephone and secunty systems.
8.01
8.02
ARTICLE VIII - MAINTENANCE AND REF AIRS
By entry hereunder Lessee accepts the Office Premises as bein~ in i?ood sanitary, orderly
condition and repair. Lessor shall also be responsible for mamtaimng and repairing the
structural ponians of the office Building including foundation, exterior and demiseCl walls and
roof. LesSor shall not be required to commence any such repair until notice shall be received
from Lessee s~ifying the nature of the needed repair. Lessor shall not be required to make any
such repairs where same are caused by any act, or omission of Lessee, and sub-tenant, or
concessIOnaire of Lessee, or any: of their respective officers, employees, agents, customers.
invitees, or contractors, except for ordinary wear and tear. Lessor shall maintain exterior
grounds. '
Lessee agrees, at Lessee's expense to maintain and repair all non-structural portions of the
interior of the Office Premises in good condition, damage occasioned from fire or other casualty
excepted, including but not limited to the exterior and interior portions of all doors, door
hardware and operators, windows, plate glass, all plumbi~g and sewage facilities within the
Office Premises, fIXtUres, electrical equipment, interior walls, floors, cej)jn~s, and all interior
building appliances and similar equipment. Lessee shall. upon the expiration or any earlier
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9.01
9.02
10.01
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termination of the term hereof. surrender the Office Premises to Lessor in the same condition as
when received. ordinary wear and tear. fire and other casualty excepted. .
It is specifically understood and agreed that Lessor has no obligation and has made no promises
to alter. remodel, improve, repairt decorate or paint the Office Premises or any p~ thereof and
that no representations respecting the condition of the office Premises or the Office Building of
which the Office Premises are a part have been made by Lessor to Lessee.
ARTICLE IX . USES PROHIBITED: RULES AND REGULA nONS
After initial occupancy Lessee shall not do or permit anything to be done in or about the Office
Premises nor bring or keep anything therein which will in any way increase the existing rate of
or affect any fire or other insurance upon the buildin,g of any of its contents. or cause a
cancellation of any insurance J?olicy covering said building or any' part thereof or any of its
contents. In the event the Specific use of the Office Premises shall change and such change shall
result in an increase in said insurance policies. Lessor may elect to collect the increased cost of
insurance from Lessee as additional rent rather than treat this as a default under the terms of tIDs
Lease. Lessee may not use or allow the Office Premises to be used for any improper. immoral.
unlawful or obi~ctionab]e purposes. nor shall Lessee cause, maintain or permit any nuisance in,
or about the Office Premises. Lessee shall not commit or suffer to be committed any waste in or
upon the Office Premises or the building containing the office Premises. if such waste could
reasonably be deemed to be within the authority of die Lessee to control.
Lessee shall faithfully observe and comply with the rules and regl1lations of Lessor in force and
effect during the term thereof and all reasonable modifications of and additions thereto as may
be mutually agreed between the parties in writing. Lessee's failure to comply with any rule or
re~lation as described herein or to which the parties may have agreed shall constitute a breach
of the term of this Lease.
ARTICLE X - COMPLIANCE WITH LAW
Lessee shall not use the Office Premises or Building to permit an~hing to be done in or about
the same which will be any way conflict with any law. statute. ordinance or governmental rule
or'regulation now in force or which may hereafter be cnacted or promulgated. Lessee shall at its
sole cost and expense prompdy comply with all laws, statutes, ordinances andgovemmental
rules, re~Jations and requirements of any board of fire underwriters or other similar body now
or hereafter constituted r~arding occupancy of the Office Premises. excluding structural
changes not related to or affeCted by Lessee's improvements or acts.
ARTICLE XI - LEASEHOLD IMPROVEMENTS
11.01 Lessee shall not make any changes or alterations in or to the Office Premises without the written
consent of the Lessor, which consent shall not be unreasonably withheld. All alterations.
additions, improvements, including without limitation. floor and wall coverings. lightin,g,
heating, ventilating and alr conditioning equipment, and fixtures (collectively: referred to herem
as "Leasehold Improvements', which may be made or installed by either of the parties hereto
upon the Office Premises and which in any manner are attached to the floors. walls. or ceilings,
Page 3 of 14
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exce}?t millwork. decorative lighting, and including. but not limited to. trade fIxtures if Lessee is
not In default and prompdr restores any damage caused by the removal, shall become the
, property of the LessOr upon installation, unless die panics shall elect otherwise, which election
shall be made by the parties in writing prior to such installation. Any u:asehold Improvements
made by Lessee without obtaining the written consent of Lessor to remove same u~n
expjnt.tion or other termination of this Lease, shall remain upon and be surrendered with the
Office Premises as a part thereof and shall be unencumbered by- liens, security interest or
otherwise. Lessee may remove all its personal prope!'!}' not attached to the Office Premises and
removable without injury to or defacement of the office Premises provided all rents are paid in
full and Lessee is not otherwise in default under this Lease and funner provided that any damage
to the Office Premises of the Office Building resulting from such removal shall be
simultaneously repaired at Lessee's expense. Lessee a~~ees that all of Lessee's personal property
in the Office Premises shaH be at Lessee's sole risk and/or those claiming under the Lessee.
11.02 All Leasehold Improvements and trade fIXtures installed in the Office Premises by Lessee shall
consist of new or completelr reconditioned material installed in a workmanlike manner and in
comp-Hance with ail applical;le laws and regulations and shall be performed only by contractors
or subcontractors who have complied widl the Lessor's insurance standards. Any contractor or
~rson selected by Lessee to maKe such improvements must first be approved of in writing by
the Lessor, which Lessor will not unreasonably withhold. Said work shall be at Lessee's sole
risk and expense and Lessee shall promptly pay all laborers, contractors and material men
penorming such work and furnishing matenal therefore for Lessee. Lessee agrees to indemnify
and save harmless Lessor for all expense. liens, claims, or damages to either persons or pro~rty,
including, without limitation, the Office Premises, stemming in any manner from such work. H
any lien be rued by virtUe of Lessee's work. Lessee shall cause the same to be discharged or
bonded off of record within fifteen (15) days after written notification of the existence of said
Lien. If Lessee' fails, then Lessor may, at Lessor's option, cause such discharge and shall
reimburse Lessor ail its costs and expenses expended thereon upon billing for same. including
attorney's fees.
ARTICLE XII - ABANDONMENT
12.01
Lessee shall not desert or abandon the Office Premises at any time during the term, and if Lessee
shall abandon. desert or surrender said Office Premises, or be dispossessed ~y process of law, or
otherwise, any_ personal ~roperty belonging to Lessee and left on the Office Premises or the
building in which the Office Premises is located shall be deemed to be abandoned at the option
ofthe Lessor.
ARnCLE XIII . LIENS
13.01
Lessee shaH keep the Office Premises and the propeI,:ty in which the Office Premises are situated
free from any liens arising out of any work performed. materials, furnished or obligations
incurred by Lessee. Lessee covenants to hold Lessor or any successor in interest harmless from
any such liens. In the event Lessee desires to contest any such lien Lessee shall immediately
notify Lessor of such lien and shall, at the option of the Lessor, tran;[er said lien to the security
of a Dond posted or obtained by Lessee.
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MTI~LE XIV .INDEMNI~ICA nON OF LESSOR
14.01 Lessee agrees to indemnify and save Lessor harmless from and defend Lessor against any and all
claims or liability for any injury or damage to any person or prope~ whatsoever (1) occurring
in, on or about any facihties including. without prejudice to tlie generality o( the term
"facilities"; elevators, stairways. passageways, hallways or parking areas. when such injury or
damage is caused in P.art or in whole by die act, neglect, fault of or omission of any' dutY. with
respect to the same by Lessee, its ~tsJ servants, employees, or inviteesJ and which is not
covered or contributed to or by the or, its agents, servants, employees or invitee5j however.
nothing herein shall constitute a waiver of any of the rights or defenses available to the Lessee as
a Florida municipality under Section 768.28, Florida Statutes, theCCSovereign Immunity Waiver
Statute" .
14.02 Lessor shall not be liable for any damage or injury by water! which may be sustained by Lessee
or any other ~rson or for any other damage or injury resulung from carelessness, n~ligence, or
improper conduct on the p:art of any other Lessees, their agents, employees or inVJtecs, or by
reason of the breakage, leakage. or obstruction of the water, sewer or soil pi~hroof leakS,
flooding, or other leakage in .or about the Office Premises or the building in wwc the Office
Premises is located, except for the negligence of Lessor.
ARTICLE XV - INSURANCE
Lessee shall, throughout the Lease Term, purchase and maintain at Lessee's expense, public
liabi1i~ insurance or provide through self-fUnding, such cover~e equal to the maximum limits
of liability provided for in Section 768.28, Florida Statutest plus any excess liability insurance
coverage that may be purchased by Lessee, insuring Lessee against any liability based on the
nedigence of LesSee or any of the Lessee's employees which arises out of LesSee's use of the
office Premises.
Lessee shall, throu,gh the Lease Term, purchase and maintain at Lessee's exp~nse plate glass
insurance or proVlae through self-funding such coverage in an amount sufficient to cover
Lessee's obligations to repair and replace all plate glass in the Office Premises.
Lessor hereby releases Lessee and ~e hereby releases Less<?r fro~ any and all claims and
demands for loss, damages, expense or IDJUI)' to the Office Prenuses which IS caused by or results
from perils, events, or happenings wIDcn are the subject of the insurance earned by the
respective parties hereto and which insurance is underwritten by a company duly licensed to
engage in a commercial business in the State of Florida and whose coverage is In force at the time
of such loss to the extent of insurance proceeds actually received by the respective parties from
such insurance coverage. Each p~ shall pay any additional premium required of its own
insurer for waiver of subrogation rights under this Section.
Lessee shall have the right to provide such insurance coverage pursu~t to blanket policies which
expressly afford coverage to the Office Premises and to Lessee. If insurance coverage is obtained
by Lessee, Lessee shall obtain a wrinen obligation on the part of any such insurance company to
notify Lessor in writing of any delinquency in premium payments and at least 30 days prior
thereto of any cancellation or amendment to such policy. .
15.05 Any policies of insurance provided for herein to be carried br Lessee shall be issued by insurance
companies reasonably acceptable to Lessor and licensed to do business by the State of Florida
15.01
15.02
15.03
15.04
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and its insurance reguJ~~~ry bod!~, provided, however, Lessee may self-fund any risk provided
for in this ARTICLE xvn -INSURANCE in lieu of purcha.sin~ insurance coverage therefor. If
insurance is purchased by Lessee, the ori~al policies or a certificate thereof, together with the
evidence of Eaxment therefor, shall be delivered to Lessor on or before the Lessee has taken
possession of the Office Premises 2nd annually thereafter so long as insurance coverage is
purchased by Lessee.
ARTICLE XVI. ENTRY BY LESSOR
16.01
lessor, upon prior notice to Lessee, except in the event of an emergency, reserves and shall at
reasonable times and in a reasonable manner have the right to enter the Office Premises to
inspect the same, to supply janitorial and any other service to be provided by Lessor to Lessee
hereunder, to submit the Office Premises during business hours or other reasonabJe times to
prospective Lessees, (but only during the last 180 days of the term with respect to prospective
Lessees of the Office Premises), and to alter, improve or repair the Office Premises and any
repairs to any portion of the building of which the Office Premises are a part and which Lessor
in good faitll determines are necessary, at Lessor's cost, without abatement of rent, and may for
that purpose erect scaffolding and other necessary structures where reasonably req!.J.ired by the
character of the work to be performed, always providing that an entrance to tile Office Premises
shall not be blocked thereby, and further providing that the business of Lessee shall not be
interfered with unreasonably. Lessee hereby waives any claim for dam~es for any injury or
inconvenience to or interference with Lessee's business, any Joss of occupancy or quiet
enjoyment of the Office Premises, and any other loss ,occasioned thereby. For each of the
aforementioned purposes) Lessor shall at all times have and retain a key widi which to unlock all
of the doors in, upon and about the Office Premises and areas of storage of Lessee's confidential
correspondence, liut not the confidential correspondence. Lessor shall have the right to use any
and all lawful means which Lessor may deem proper to open said doors in an emergency, in
order to obtain entqr to the Office Premises) and any entry to the Office Premises obtained by
Lessor by any of said lawful means shall not under any circumstances be construed or deemed to
be a forcible or unlawful entry into, or a detainer of, the Office Premises or an eviction of Lessee
from the Office Premises or any portion thereof.
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ARTICLE XVII. DEFAULT BY LESSEE
17.01 Upon the happening of anyone or more of the following events ("Events of Default"):
1. Lessee's default in the payment of any rental or other sums due for a period of Ten (10) days after
the due date;
2. Lessee's continued default with respect to any other covenant of this Lease for a period of fifteen (15)
days after delivery of written notice of such <Jefault to l.cssee by' Lessor, providea that if such default
reasonably requires marc than fifteen t1S) days to cure, there shall be no Event of Default if Lessee
has commenced correcting action withm the l>day period and is diligently prosecuting such action;
3. There shall be filed by: or against Lessee (except if it is an involuntary htition, Lessee shalJ have 30
days to cur~ ~aid petbit~~~)_~n any cu~ putrsuant to ~y statute ~ith~r 0 the United States orr of anhy ,I
state, a petition In aruuuptcy or IDSO veney or lOr reorganIzatIon or arrangement, or lor t e
appointment of a reCeiver or trustee of all or a portion of Lessee's propeny, or if Lessee makes an
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assignment for the benefit of creditors or, if there is an assignment by o~eration of law, or if any
execution, seizure or attachment shall be levied upon any of the Lessee s property of the Office
Premises are taken or occupied or attemRted to be taken or occupied by someone other than Lessee,
except for condemnation or with Lessor s consent;
4. Lessee's vacating or abandoning the Office Premises;
Lessor, at its option, may exercise anyone or more of the following remedies which shall be
cumulative:
0) R~nter and take possession of the Office Premises and remove Lessee and its effects, by
force if necessary and, without obligation to do so, relet or attempt to relet the Office Premises on
behalf of Lessee, at such rent and under such terms and conditions as Lessor may deem best under
the circumstances for the pUlpose of reducing Lessee's liability, and Lessor shall not be responsible
to Lessee for any dama,ges in connection thereof, nor shall Lessor be deemed to have thereby
accepted a surrender of the Office Premises, and Lessee shall remain liable for all rents ana
additional rents due under this lease and for all damages suffered by Lessor because of Lessee's
breach of any of the covenants of this Lease. Said damages shall include, but not be limited to,
ch~es for removal and storage of Lessee's property, remOdeling and repairs, leasing, commissions
and I~ fees. At any time during repossession and reletting pursuant to'this subsection, Lessor
may, 6y delivering written notice to Lessee, elect to exercise its option under the following
subsection to accept a surrendf.'r of the Office Premises, terminate and cancel this Lease, and retake
possession and occupancy of the Office Premises.
(2) . Declare this le~ to be terminated, .whereupon the term hereby granted and all right, title
and mterest. of Lessee 10 the Office PremIses shan end and Lessor may re-enter upon and take
possession of the Office Premises. Such termination shall be without Erejudice to LeSsor's right to
collect from Lessee any rental or additional rental which has aCCnlea prior to such termination
together with all damages, including, but not limited to, the damages specified in Subsection
19.01(D) (1) above.
(3) Accelerate all rentals due and to become due during the remainder of the term of this Lease,
in which event all such rentals shall become immediately aue and p'ayable, provided that payment
thereof shall not constitute a penalty or liquidated damages but shall merely constitute (>ayment of
advance rent. The acceptance of any such payment by Lessor shall not constitute a Waiver of any
claim for damages as described above and Subsection 20.01(D) above.
(4) As agent of Lessee, Lessor may do whatever Lessee is obligated to do under this Lease, and
may enter the Office Premises for such 'pulpose, without being liable for dam~es, therefore, and
Lessee agrees to reimburse Lessor immediately on demand for any expenses whidi Lessor may incur
in this enforcing compliance with this Lease, and the amount thereof shall bear interest at the
highest contract rate pcrmitted by Florida law until paid. '
(5) Exercise any and all other rights ~d privile~es that Lessor may have under the laws of the State
of Florida and/or the United States of Amenca.
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ARTICLE XVIII - RIGHT TO CURE DEFAULTS
18.01 If Lessee, aher reasonable notice, shall fail to make repairs, maintain public liability insurance,
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comply with all laws and ordinances, and re~lations, or perform any other obligation in
accordance with this Lease, Lessor shall have the right to perform such work; including the right
to enter on the Office Premises, or make such payments on behalf of Lessee, and Lessee agrees to
reimburse Lessor promptly upon demand, together with interest at the rate of 1-1/2% per
, month
MnCLE XIX - DEFAULT BY LESSOR
19.01 This Lease shall be subject to termination by Lessee in the event of anyone or more of the
following events:
A. Material default by Lessor in the performance of any of the terms, covenants or conditions of
this Lease, and in the failure of the Lessor to remedy, or undertake to remedy, to Lessee's satisfaction,
such default for a period of thirty (30) days after receipt of notice from Lessee to remedy same.
B. Lessee determines that the Office Premises are so extensively damaged by some casualty that
it is impractical or inequitable to repair such Office Premises.
19.02 In the event of any default by Lessor as described in Subsection 18.01 above, Lessee,
~t its option, may exercise anyone or more of the following remedies which shall be cumulative:
A. Deliver to Lessor V\rritten notice of Lessee's intent to terminate this Lease and vacate the
Office Premises thirty (30) days following delivery of such notice to Lessor as provided in Article
XXIX, Section 29.01 hereof. All rents and other fees due to Lessor throu~h date of termination and
vacation shall bc.paid by Lessee. All rents or other fees prepaid by Lessor beyond date of termination
and vacation shall be reimbursed to Lessee by Lessor without prejuClice or offset.
B. As ~ent for Lessor, Lessee may do whatever Lessor is obligated to do under this Lease
without being liable for any damages whatsoever caused by Lessor's default, or any expense whatsoever
as may be required to remedy such default, and Lessor agrees to reimburse Lessee immediately up'on
demand for any ~nses Lessee may incur in thus enforcing compliance with this Lease, including
attornexs' fees, and the amount thereof shall bear interest at the nighest contract rate permitted by
Florida law until paid.
C. Proceed in law or in equity to enforce the terms, 'provisions and covenants of this Lease,
whereupon Lessor sball pay all expenses, costs and fees1 including attorneys. fees incurred by Lessee in
this enf~rcing compliance with the Lease should Lessee prevail.
ARTICLE XX - CASUALTY
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20.01
If the Office Building on the site on which the Office Premises is located are substantially
cbmaged by flre or any other cause, Lessor shall, within 30 days after the occurrence of such
damage, notify Lessee of Lessor election to repair or rebuild the dam~ged buildings 'at Lessor's
~pense or to terminate this and all other leases whether or not the Office Premises are directly
effected by said damage. For the purpose of this Lease, .substantially damaged- shall mean
damaged to such an extent that the good faith estimated cost to repair or rebuild the damagt!
exceeds onc~-quarter (25%) of the then estimated cost of replacing all buildings on said site. If
such buildings are not SUbstantially damaged as herein defined, it shall be the duty of the Lessor
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20.03
to use its best effortS to substantially complete such repairs or rebuilding_within 180 days
fonowing receipt of the insurance proceeds. Should Lessee determine the Office Premises have
suffered casualty damage to an extent as to require Lessee to reduce or terminate its customary
business services. not with.standing the threshold definition of "substantially damaged" as
heretofore defined, Lessee shall have the option of terminating this Lease under Article XX,
subsection 20.01 (B) above.
20.02 Should Lessor, with the mutual consent of Lessee, which will not be unreasonably upheld,
, proceed to repair or rebuild the Office Premises, and fail to complete said repairing or rebuilding
within said 180 day period for reasons beyond its control, Lessee's sole remedy: shall be the
option to terminate this Lease and all further HabiJio/ under its provisions providea that Lessee's
notice of eleaion to terminate is given within 60 days following,. the expiration of said 180-day
period and further provided that Lessee totally vacates the Office Premises on or before the
expiration in the saiCi 6O-day period. All obligations of Lessee covered by insurance proceeds as
specified in Section 23.05 under this Lease shall accrue through the date of such vacation.
In the event Lessor is required or electS to repair or rebuild under this Section, Lessor shall
have unlimited access to the Office Premises and all common areas in the Office Building for
such time, at such time, as may be reasonably required to efficiently and expeditiously complete
any such required, or non-required, repairs or rebuilding.
20.05
In no event sball this Paragraph obligate the Lessor to incur in effecting any such required
repair or rebuilding, a cost greater than the or~ginal cost of the building, including Lessor's cost
in completing all suites for Jease within the buildin~, or the amount of such insurance coverage
as may be provided with respect to the damage, whIchever is greater.
Notwithstanding anything to the contI:.ary, it is further agreed with respect to this Section
that Lessor shall carry, at the exRCnse of and for the benefit of the tenants of the Office Building~
rental interruption insurance ana the proceeds, if any. of such insurance received by Lessor shall
sati~ the rental obligations of Lessee during the period that the Premises or any part thereof
shall be untenantable. It is agreed that any LesSee ex~nse for premiums to provide rental
interruption insurance described herein is !Deluded in the Base Rent. lessee shall have no
obligations during the period that Lessee is not in occupancy of the Premises, except for the
obligations of Lessee that insurance proceeds, if any, covers.
Notwithstanding the foregoing, in the event the holder of the first mortgage encumbrancing
the buildings shall elect to use the insurance proceeds payable as the result of a loss as set forth
herein to reduce the outstanding principal balance of saId first mortgage, despite Lessor's best
efforts to persuade the first mort~e holder to the contrary>> then at Lessor's election, Lessor
may choose not to rebuild. In such event, Lessee may temunate this Lease and this shall be its
sole remedy hereunder.
20.04
20.06
ARTICLE XXI - EMINENT DOMAIN
21.01 If all or any part of the property in which the Office Premises are located shall be taken or
appropriated Dr any public or quasi.p~blic authority under the power of eminent domain.
subJect to,the aCldiuonil provisions of this Section, either pat9' hereto shall have the rjght, at its
optIon, to terminate thiS Lease. In such event. Lessor shill De ent.itled to any and all income,
rent, award, or any interest therein whatsoever which may be paid or made in connection with
Page 9 of 14
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21.02
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such public or quasi-public use or purpose. and Lessee shall have no claim against Lessor for the
value of any unexpired term of this Lease. If a part of the Office Premises shall be so taken or
appro'p'riated and neither party hereto shall elea to terminate this Lease, the rental thereafter to
be Eata shall be equitably reduced. If any part of the building other than the Office Premises
shall be so taken or appropriated, Lessor shall be entitled to the entire award, as above provided.
Before either p~ may terminate this Lease by: reason of taking or appropriation as above
provided, such taking or a{'propriation shall be of such an extent and nature as to substantially
handicap, impede or impiUr Lessee's use of the Office Building. such determination to be in
Lessor's reasonable judgment.
This Section shall not prohibit Lessee from making its own claim in the condemnation
proceedings for reimbursement or compensation from the condemnor for moving eXfenses or
other costs 'for leasehold improvements owned by the Lessee (under paragraph 11.01 and the
installation thereof incurred by it due to said condemnation, or personal property owned by
Lessee and taken by reason of said condemnation.
ARTICLE XXII - SALE BY LESSOR
22.01 In the event of a sale or conveyance by Lessor of the Buildinp containing the Office
Premises, the same shall operate to release Lessor from any further hability upon any of the
covenants or conditions, expressed or implied. herein contaUled in favor of Lessee, and in such
event Lessee agrees to look solely to the responsibility of the successor in interest of Lessor in
and to this LeaSe. This Lease shall not be affected by any such sale, and Lessee agrees to attorn to
the purchaser or grantee unless such sale occurs prior to occupancy by Lessee in which case
LessOr 'shall remain liable to Lessee for the performance of the Lessor's grantee until occupancy
by the Lessee.
22.02
22.03
23.01
Notwithstanding anything to the contrary contained herein, no sales or conveyance by
Lessor as aforesaid shall release Lessor from any future liability to Lessee hereunder unless ana
until this Lease is assigned to and assumed by such grantee. '
The term "Lessor" as used in this Lease, means only the owner for the time being of the land
and buildings comprising the Office Building so that, in the event of a sale or the Office
Building. the Lessor shaH be and is hereby entirely relieved of all covenants and obligations of
the Lessor hereunder. Lessor shall have the right without the requirement of prior consent to
sell or otherwise convey all or a portion of the Office Building and assign this lease to such
grantee.
ARTICLE XXIII. GOVERNING LAW
This Lease sball be construed and enforced according, to the laws of the State of Florida.
Any litigation concerning this lease shall be maintained only in PineUas County, Florida.
ARTICLE XXIV * WAIVER
, 24.01 The waiver by the Lessor or the Lessee of any term. covenant or condition herein contained
shall not be deemed to be a waiver of such term, covenant or condition or any subsequent
Page 10 of 14
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breach of the same or any other term, covenant or condition herein contained. The subsequent
acceptance of rent hereunder by Lessor shall not be deemed to be a waiver of any Ereceding
breach by Lessee of any term, covenant or condition of this Lease. other than die failure of
Lessee to pay the particular rental so accepted, regardless of Lessor's knowledge of such
preceding Dreach at the time of acceptance of such rent.
ARTICLE XXV . NOTICES
All notices and demands which mayor are required to be given by either party to the other
hereunder shall be in writing and sent certified mail or delivered by hand.
All such notices or demands by the Lessor to the Lessee shall be addressed to or delivered to
Attention: Lt. Jeff Kronschnabl, Special Assistant to City Manager/Community Response
Team, P. O. Box 4748bClearwater, FL 34618-4748 or such other place as the Lessee shall from
time to time designate y notice in writing.
25.03 All notices, demands and sums due by the Lessee to the Lessor shall be sent to tbe Lessor at
1689 Oak Place. Clearwater. FL 34615, or to such other person or place as the Lessor from time
to time designates in a notice to the Lessee.
25.01
25.02
, 26.01
26.02
, ARTICLE XXVI. SUBORDINATION AND MORTGAGE PROVISIONS
In the event any proceedings are brought for the foreclosure of, or in the event of exercise of
the power of sale under any mortgage made by: Lessor covering the Offic.e Building, Lessee, at
the sole option of thepurcltaser upon any such foreclosure or sale shall attorn and recognize
such purchaser as the Lessor under this Lease, and upon the purchaser's written notice of its
election of attornment. such attornment shall be automatic and self-executing. Without linUting
the generality of the foregoing, Lessee within ten (10) days after reguest by tbe successor in title
to the Office Building shall execute an instrument in form and content acceptable to such
successor evidencing such attornment. This Lease shall be and hereby, is subject and subordinate
to the lien of any mortgage and to aU renewals, modification, considerations and replacements
thereof, and to au liens resulting from any other method of financing or refinancing, now or
hereafter in force againSt the lano and! or buildings of which the Office Premises are a part or
against any buildings hereafter placed upon the lana of which the Office Premises are a Eart, and
to all advances made or hereafter to be made upon the security thereof. Upon request of Lessor,
lessee will within ten (10) days after such request, evidence the suborclii1ation pursuant to an
instrument acceptable in Corm and content to the Lessor. Provided Lessee is not in default,
Lessor's successor shall honor Lessee's lease.
H the holder of any mortgage encumbering the Office Building shall give notice to Less<<
that it is the holder of said mortgage and such notice included the address to which notices to
such mortgagee are to be sentt Lessee agrees to give to the said holder of such mortgage notice
simultaneously with any notice given to Lessor to correct any _default of Lessor and a$,rees that
the said holder of such mortg~e shall have the right, within thirty (30) days after receIpt of said
notice, to commence correction of such default and diligendy prosecute completion thereof
before Lessee may take any action under this Lease by reason of suCh default.
Page 11 of 14
ARTICLirII. FORCE MAlfu.~ F~ANCING
_LEASE AND EXQ_ LTI_
27.01 Anything in this lease to the contrary notwithstanding, Lessor shall not ~ deemed in default
with respect to the performance of any of the termst covenantst and conditions in this lease to be
performed by it if anx failure of its performance shall be due to any strike, lockout, civil
commotion, wart warlike o~rationt invasion rebelliont hostilitiest military or usurped powert
sabQtaget governmental regulations or controls, inability to obtain any material or service, Act
of Godt or any other cause whatever beyond the re~onable control o~ Lessor, and the time for
~rformance oy Lessor shall be extended by the penod of delay resultmg from or due to any of
scud causes.
ARTICLE XXVIII . REAL ESTATE AGENT
28.01 Any' brokerage commissiont leasing fees or other costs payable to any licensed Real Estate
Broker in conneaion with this Lease are to be paid by Lessor.
I, ' "
I
ARTICLE XXIX . AMENDMENT OF SITE PLAN; NO REPRESENT A nON~
29.01
Lessor reserves the right of any timet in its sole discretion and without the approval of or
prior notice to Lesseet to amend without limitation the Site Plan. Such amendment rights
mclude the rightt at Lessor's sole discretion and without the approval of or prior notice to
Lesseet to add' or change building perimeterst drivewayst chan&e the number and location of
parking spaces; and to make any' other changes or additions it desires in and about the Office
Building. Notwithstanding the foregoing or any otherprovision of this Lease, Lessor will not
reduce the number of parking spaces servmg the Office Building or Premises or impair access to
and ,from the Premises to De used in connection with the Premises without tne consent of
Lesseet which shall not be unreasonably withheld; the foregoing shall not create any liabilitY. of
Lessor for any change mandated by governmental authorities having jurisdiction or other
circumstances beyond~Lessor's control.
ARTICLE XXX. DEFINED TERMS Be MARGINAL HEADLINES
c,
30.01 The words "Lessor" and "Lessee" as used herein shall include the pluntl as well as the
singular. Words used in the masculine gender include the feminine and neuter. If there be more
than one Lesseet the obligations hereunaer imposed u~ Lessee shall be joint and several. The
~inal headings and titles to the paragraphs of this are not a part of this Lease and shall
have no effect upon the construction or mterpretation of any part hereof.
\ ' ARTICLE XXXI . PLATS & RIDERS
31.01 Clauses) plats and riderst if anYt signed and initialed by Lessor and Lessee and endorsed on or
afflxed to this Lease are a part hereof.
ARTICLE XXXII - TIME
32.01
Time is of the essence of this Lease and each and all of its provisions.
Page 12 of 14
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ARTICLE XXXIII - SUCCESSORS & ASSIGNS
33.01 The covenants and conditions herein contained shall. subject to the provisions as to
assi~nments. apply to and bind the heirs. successors, executors. adininistrators and assigns of the
parties hereto.
ARTICLE XXXIV. RECORDING
34.1 This Lease may' not be recorded without the prior written consent of the Lessor. which may: be
evidenced solely by- a separate executed consent to recording. Upon request of Lessor, Lessee shall
enter into a .short-form or memorandum of this Lease. Said documents shall be in recordable form
and shall describe the parties. Office Premises and term of this Lease and shall incorporate this Lease
by reference. .
ARTICLE XXXV - MISCELLANEOUS
L ~'.
35.01 Lessor does not. in any way or for any purpose. become a .partner of Lessee in the conduct of
its bwiness, or otherwise. or joint venturer or a member of a Joint enterprise with Lessee. If any
term. covenant or condition of this Lease shall. to any extent. be held invalid. unenforceable or
inapplicable to particular persons, the remainder of this Lease. or the application of any term.
covenant or condition shall not be affected thereby. This lease sets forth all covenants, promises,
agreements. conditions and representations between Lessor and Lessee concerning the Office
Premises and there are no covenants, promises, agreements, conditions or representations, either
, oral or written, between them other than are herein set forth. Except as herein otherwise
provided. no subsequent alteration. amendment, change or addition to this Lease shall be
binding upon Lessor or Lessee unless reduced to writing and signed by them. This lease has
beenn~otiated between the parties and accordingly the p~ies agree that neither of them shall
be held more accountable for the drafting or language of this lease.
35.02 There are no personal guarantees of the obligations of Lessee.
IN WITNESS WHEREOF, Lessor and Lessee have executed this lnse effective as of the date first
above written. each representing to the other that they have full authority to execute same in the
apacity indicated.
In the presence of:
"LESSOR.
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ALBERT L. GUY
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~igoature page for lease agreement between City of Clearwater', Albert L. Guy
~untersigned:
Rita Garvey "
Mayor-Commissioner
Approved as to form and
legal sufficiency:' , ,
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'.ASsistant City Attorney':
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"LESSEE"
CITY OF CLEARWATER, FLORIDA
Michael Roberto
City Manager
Attest:
cymma E. Goudeau
, City Clerk
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Clearwater CIty Commission
Agenda Gover Memorandum
Ilem #:
IV
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Meeling Dale:
SUBJECT:
FIRE PROTECTION SERVICE AGREEMENT EXTENSION
RECOMMENDATION/MOTION:
APPROVE AN EXTENSION OF UP TO SIX MONTHS TO THE FIRE SERVICES CONTRACT WITH THE
PINEllAS COUNTY FIRE PROTECTION AUTHORITY.
I!I and lhal the appropriale officials be aulhorized to execule same.
SUMMARY:
· The current agreement with the Pinellas County Fire Protection Authority expires September 30, 1997.
· The Pinellas County Fire Authority proposed a three-year contract with the communities providing fire
protection that included performance criteria not included in previous contrac.ts.
· The Pinellas County Fire Chiefs Association requested an extension of the current contract that includes a
commitment from that group to develop mutually-agreed-upon performance criteria.
· Financial considerations of the current contract would remain in effect.
· The Clearwater Fire Department County Fire District budget for fire protection services of these
unincorporated areas for FY 96/97 totals $1,340,561.
CURRENT CONTRACT AVAILABLE IN CITY CLERK DEPARTMENT - nClW W.I~'\~w-.. yvlctrk.ld. b.u.o l~
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Reviewed by:
Legal
Budget
Purchasing
Risk Mgmt.
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ACM
Other
o~ Department: Fire
Costs:
N/A
Commission Action:
o Approved
o Approved ",,/Condltlons
o DenIed
o Conllnued to:
A
NfA
N/A
NfA
NfA
N'^
User Department: Fire
Total
N/A
Current Fiscal Year
Advertised:
Funding Sourc~:
o ClpllilllmprovemenIJ
o
OPfrillln&:
o Other:
Attachments:
Submitted by:
Date: N/A
Pilper:N/A
X Not Required
Affected Parties:
o Notified
X Not Required
Appropriation Code
NIA
1st amendment to ag eement
o None
ely Manager
o Prlnttd on recycftd paper
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FIRST AMENDMENT TO FIRE PROTECTION SERVICES AGREEMENT
This Amendment made and entered into this day of t
1997, between the Pinellas County Fire Protection Authority, a municipal service taxing
unit ("Authority-), the governing body of which is the Board of County Commissioners,
and the City of Clearwater, a Florida municipal corporation rCitt).
WHEREAS, Authority and City entered Into an agreement for fire protection
services on November 22, 1994, which terminates on September 30, 1997; and
WHEREAS. Authority and City agree to amend said agreement by extending the
term for an additional six (6) months to March 31, 199B;
NOW, THEREFORE, for the mutual promises and covenants provided herein,
the parties agree as follows:
1. Authority and City agree to amend the agreement for fire protection
services for an additional six-month period commencing on October 1. 1997, and
terminating on March 31, 199B.
2. All other terms and conditions of the agreement for fire protection
services shall remain in'full force and effect.
IN WITNESS WHEREOF, the parties hereto by and through their authorized
. officers have caused this agreement to be executed on the date first above written.
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ATTEST: ,
KARLEEN F. DeBLAKER, CLERK
, By:
J.....--o-
PINELLAS COUNTY FIRE
PROTECTION AUTHORITY
By:
Chairman
APPROVED AS TO FORM:
By:
County Attorney
Pinellas County Board of
County Commissioners
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Countersigned:
CITY OF CLEARWATER, FLORIDA
By:
''',
Rita Garvey, Mayor-CommissIoner
Michael J. Roberto, City Manager
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Approved as to form:
Attest:
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John Carassas, Asst. City Attorney
Cynthia E. Goudeau, City Clerk
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~tRE PROTECTION SERVICES AG~~EME~
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day of 9otober",
AGREEMENT made and entered into this $f P{
1994, by and between the Pinellas County Fire Protection Authority,
a municipal service taxing unit ("Authority'1), the governing body
of which is the Board of County Commissioners, and the City of
Clearwater, a Florida municipal corporation ("City").
R ;: crT A L S:
. 1.
The Authority was created for the purpose of establishing
and implementing a permanent plan of 'fire protecti'on for' the
unincorporated areas of Pinellas Co~ty.
2.
Pursuant to the authority granted to it, by Chapter. 73~.600t
Laws of Florida, as amended (Codified at. Part I, Art icle I I,
pinellas Count.y Code) and ~ts home rule power under the pinellas
County Charter (collectively, "Act~), Authority has divided the
County into fire districts, each of which districts became
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operative upon approval by' the electors of such districts at a
properly held referendum.
3. The Clearwater Fire Control District was created by a
resolution of the Board of County Commissioners ("Boardll) of
pinellas County on July 23, 1974; pursuant to approval of a
majority of the electors in a special election on December 4, 1973.
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Fire Protection services Agreement
City of Clearwaterj Page 2
4. Pursuant to the Act, Authority is empowered to direct the'
appropriate fire department to provide fire protection to the
unincorporated area within a fire district and to compensate the
fire department for such service.
S. Authority desires that City provide fire protection
services to Clearwater Fire Control District.
NOW THEREFORE, for and in consideration of the mutual
covenants, terms and conditions herein set forth to be kept and
,performed by the parties hereto, it is agreed as follows:
S~CTrON" 1'.
D,Bli':IN:IT+'ONS.. Unless the context otherwIse requires I
c~pitalized terms used herein shall have the following meanings
ascribed to them.
"Act" means the Pinellas County Home Rule Charter approved by
the voters on October 7, 1980 and Chapter 73-600, Laws of Florida,
t
codified at Part I, Chapter 12, Article II, Compiled Laws and
Ordinances of Pinellas County.
" Board" , means
the Pinellas
County Board of
County
Commissioners.
"Closest' Unit Response". means the dispatch of the closest
available fire,' engine (s) needed at an emergency regardless of
.
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Fire, Protection Services ,Agreement
City of Clearwater/ Page 3
jurisdiction of the emergency or the responding unites).
"County" means pinellas County, Florida.
"District II means the Clearwater Fire Control District, as
described in a Resolution adopted by the Board on July 23, 1974.
"Fire Protection Services" means services including but not
limited to: fire suppression activities, hazardous materials
responses, fire inspecti\Jn and surveys of properties, fire and
arson investigations, and public ,education.
"Fiscal Year" means the period of time commencing October 1,
.
and continuing through September 30.
"Mutual Aid" means aid provided pursuant to the Mutual .Aid
Agreement.
"Mutual Aid Agreement" I means the Automatic Aid/Closest Unit
Response Agreement dated October 16, 1990, by and among Pinellas
.
County and the various municipal fire depart~ents and fire
districts.
"Response Time" means the period of time commencing when City
'.
fire units are notified of an emergency and ending when the first
engine arrives on the scene of the incident.
"Run Cards" means the predetermined systematic response of fire
engines based on data in the County's dispatch computer system.
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Fire Protection services Agreement
city of Clearwater/ Page 4
"Standard 'Practices" means the GOO Series Standard Operating
Procedures adopted by the Pinellas County Fire Chiefs Association,
and as may be amended, and State of Florida and Federal
Occupational Safety Health Acts, as they affect Fire Protection
Services provided hereunder.
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SECTION 2.
QaL~GATIONS OF CITY.
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. City shall:
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(a) Provide Fire Protection Services to the residents of the.
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District in accordance with the terms and conditions of this
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agreement and with all applicable state and local laws, ordinances
,and Standard Practices;
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(b) Provide Mutual Aid in accordance with the Mutual Aid
Agreement;
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(c) Participate in the Closest Unit Response program. City
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will respond with the closest available fire-fighting engine to any
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pinellas County area;
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engine within five (5) minutes at least seventy-five (75%) of the
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Fire Protection services Agreement
City of Clearwater/ Page 5
(e) Staff the first responding fire-fighting engine with a
minimum of three
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fully trained, and state certified
firefighters;
(f) Submit to the Authority as part of the budget process
described in Section 4 hereof, costs incurred by the City in
implementing any Standard Practices and procedures;
(g) Provide command officers, in addition to the staff
referred to in subsection (e) above,
to respond to appropriate
incidents within the District;
(h) Insure that RWl Cards are developed and implemented "to
secure Closest Unit'-'Response and to provide proper command and
control of all fire department responses; and
(i) Provide to the Authority the name of the City.s bookkeeper
or financial manager.
SE~TrON 3. ~ERFORMAN~E OP SERVIC~S.
In the event that Authority finds any deficiency in meeting the
level of services described herein which affects or may affect the
performance of services hereunder, Authority 'shall notify City of
. such deficiency or deficiencies and shall give City thirty (30)
days from receipt of such notice within which to cure such
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Fire Protection Services Agreement
City of Clearwater/ PageS
.'deficiency to the satisfaction of Authority. Authority may, in its
sole discretion, extend the cure period. In the event of such
extension, City, and Authority shall prepare an agreement outlining
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'(a) Submission and Approval of >>udget. Each year, City shall
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'::,Such budget shall set forth, in accordance' with the Budget
:::; p'reparation Instructions provided annually, the cost of providing
~~'the services described in Section 2 hereof. The Authority shall
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it deems necessary or appropriate. Upon review and approval of
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,', the b~dget by Authority, in accordance with . Chapter 73-600, Laws of
:>, Florida; and other applicable la'...., Authority shall, beginning on
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October 1 of a given Fiscal Year, make monthly payments to the City
'in the amoun~ of one-twelfth (1/12) of the
approved budget, less
the capital reserves being held by the authority for certain future
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'projects. 'The amount 'to be paid during the term of this contract
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shall be determined by Authority in accordance with the
" ,requirements of the Act' and any other app~icable law.
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Fire Protection Services Agreement
City of Clearwater/ Page 9
S~CT:rON ~.
~IRE REPORTS.
, City shall, complete an incident report, in the County 9-1-1
computer, for each fire incident in the District to which City's
units responded. The incident report shal,l meet the Florida Fire
Incident Reporting System requirements.
City shall train its
, employees to correctly complete the forms in accordance with the
instructions provided by the State of Florida and Pinellas County.
. Upon request from City, Authority shall furnish City with fire
incident data which City has put into the County 9-1-1 computer
j~ puisuant to this Section.
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SECTION 7.
MUTU~L OBLIGATIO~~ TO PARTIES.
Authority and City agree that each will defend, indemnify and
,save the' other harmless due to the negligent acts of its own
employees, officers, or agents, including volunteers, or due to any
negligent operation of equipment. Authority and City shall only be
obligated to indemnify and hold harmless the other under this
, I
Agreement to the extent that each may be held liable under the
waiver of Immunity provisions in Chapter 768.28 of the Florida
Statutes,: as the same may be amended from time to time.
This
section shall not be construed as waiving any defense or limitation
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Fire Protection Services Agreement
City of Clearwater/ Page 10
which either party may have against any claim or cause of action by
any person not a party to this Agreement.
~EC~IO.lLe. .
QBLIGATIONS NOT FOR THIRD PARTY BENE~IT OR TO BE
, ASSJ:~12.
This Agreement ,is not intended, nor shall it be construed to
inure to the benefit of any third person or entity not a party
hereto, and no right, duty or obligation of Corporation under this
Agreement sh~11 be assigned to any person, private association or
corporation, not-far-profit corporation, or public body without the
pr~or written consent of the Authority.
SECTION 9.
TERM OF AGREEloJENT.
The Agreement ,shall take effect upon execution by,the City and
. Authority and shall continue through September 30, 1997 unless
terminated or renewed in accordance with this Agreement.
SECTION 10.
TERMINATION AND DIS~OSITION OF ASSETS.
(a) ~e~ination By A~~hority.
Authority may terminate this
Agreement by serving upon City a ninety (90) days written notice
of Authority's intention to terminate this Agreement.
(b) ~ermiDat1on By City. City may terminate the Agreement by
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Fire Protection services Agreement
City of Clearwater/ Page 11
giving to Authority ninety (90) days
written notice of its
intention to terminate.
(c) Disposition of Assets.
(i) Properties Held in Trust. The parties agree that all
vehicles, equipment, and property, real or personal, tangible or
intangible, are held by City in trust for the benefit of the
,taxpayers ,of the District and that Authority has all rights and
powers of enforcement with respect to such trust.
(ii) Assets Paid For By Authorlty. Upon termination of
this Agreement, City shall return to Authority, for the use and
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benefit of the taxpayers, all assets purchased solely with funds
provided to City under this or any prior agreement with the
Authority.
Authority wilL assume any obligation on such assets
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which was incurred in accordance with the terms of this Agreement.
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Any assets which were
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purchased: solely with funds other than those provided by Authority
'to City under this or any preceding contract, shall remain the
prope~ty of City.'
(iv) Assets Paip For By aoth City and Authori~. In case
of any asset purchased with funds of both the City and the
Authority, City and Authority shall determine the fair market value
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Fire Protection Services Agreement
City of Clearwater/ Page 12
of such asset and then shall prorate such fair market value
according to the respective interest of each the City and the
Authority. In the event City desires to retain said asset, City
shall pay to Authority an amount equal to Authority's interest in
said asset.
In the event that Authority desires to retain said
asset, Authority shall pay to city an amount equal to city's
interest in said asset.
If nei ther the Ci ty' nor the Authori ty
desires to retain sai~ asset, then the asset will be sold at public
sale to ,the highest bidder and the net proceeds distributed
according to the re~pective interest of each of the City and the
Authority.
(v)Xntangible Assets. Upon termination of this Agreement,
city shall also, return to A~thority all unexpended monies received,
including monies in reserve or in any bank account, but not earned
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as compensation for services provided.
The return of any assets and funds shall be executed and
completed upon the effective date of termination as specified in.the
termination' notice.
In connection with the return of assets and
funds, City shall submit to Authority a list of all capital assets
..of the City along.with a list of all accounts held in the City'S
name which, are held in conjunction with this agreement. City is
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Fire Protection Services Agreement
City of Clearwater/ Page 13
responsible for all prorated debts incurred in the performance of
the obligations of this contract.
SECTION 11. CITY rs rNDEPENDENT CO~RACTOR.
. During the term of this Agreement, and during the performance of
any obligations hereunder, City shall be deemed to be an independent
\ contractor, in all respects and shall not be the agent, servant,
officer, or employee of Authority.
,SECTION 12.
,MODIFICATION.
No modification or change in this. Agreement shall be valid or"
binding upon the parties unless in writing and 'executed by the party
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or'parties intended to'be bound by it.
:;ECTION 13. ' NOTICES AND ADDRESS OF RECORD.
A. All'notices re~ired or made pursuant to this Agreement by
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, City to the Authority shall be in writing and delivered by hand or
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by United' States Postal Service Department, first class mail,
,postage pre-paid, return receipt, requested, addressed to the
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Fire Pro~ection Services Agreement
City of Clearwaterl Page 14
Pinellas County Fire Protection Authority
12490 Ulmerton Road
Largo, FL 34644
B. All notices required or made pursuant to this Agreement by
Authority to City shall be in writing and delivered by hand or by
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United States Postal Service Department, first class mail, postage
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pre-paid, return receipt requested, addressed to the following:
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Fire Chief
City of, Clearwater
610 Franklin street
Clearwater, FL 34616
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The failure of the Authority to'enforce at any time or for any,
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period of' time anyone or more of the provisions' of the Agreement
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shall not be construed to be and shall not be a waiver of any such
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provision or provisions or of its right thereafter to enforce each
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SECTION 15.
SEVERABILI~Y.
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,to be unenforceable, such, a determination shall not affect ,the
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validity or enforceability of any other section or part thereof.
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SECTION 16~
GOV:e;RNING LAW.
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Fire Protection services Agreement
City of Clearwater/ Page 15
governed by the laws of the State of Florida.
SECTION 11.
SECTION HEADINGS.
The headings and titles of each section of this Agreement are
for', convenience only and do not effect the substance or
enforceability of any'duties or obligations of either party hereto
as described herein.
IN WITNESS, WHEREOF t~e parties hereto, by and through their
authorized officers, have caused this Agreement to be executed on
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day of October, 1994.
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Fire Protection Services Agreement
City of Clearwater/ Page 16
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ATTEST:
KARLEEN F. DeBLAKER, CLERK
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P+NELLAS COUNTY FIRE
PROTECTION AUTHORITY
APPROVED AS TO FORM:
BY: ~
County 1\ torney
pinellas County Board of
,County 'Commissioners
Countersigned:
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BY:
Mayor, City of
Rita Garvey
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APPROVED AS TO FORM AND
LEGAL SUFFICIENCY:
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BY:
City
City
Attorney, Pamela K. Akin
of Clearwater
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SctS .1-
Clearwater City Commission
Agenda Cover Memorandum
Item;: :~;
MCelingDate:jO ~~:~<,~~{:-/'
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SUBJECT: Subaqueous Directional Bore of Dunedin Causeway
"
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RECOMME~DA TION/MOTION: Award a contract for a subaqueous directional bore of Dunedin :,
Causeway to A & L Underground, Inc., of Olathe, Kansas, at an estimated cost of $264,722, which is the
most responsive and responsible bid submitted in accordance with the specifications.
IBI and thatlhe appropriate officials be authoriled 10 execute same.
SUMMARY:
. A 300 foot steel gas main crossing under the Dunedin Causeway that has been in place since 1968
needs to be replaced.
. In order to replace this deteriorating line, and provide continuity of cathodic protection for the mains
serving Royal Stewart Arms and Honeymoon Island, a subaqueous directional bore and insertion of
replacement pipe must be completed;
.' The Managing Director of CGS recommends awarding the contract to A & L Underground, Inc., of
Olathe, Kansas, the lowest, most responsive bid submitted in accordance with the specifications, for
an estimated total of $264,722. The apparent low bidder did not meet the bid specifications and
failed to provide the required proposal bond.
Contract is availabl'e in City Clerk Department - o...-\to.dl ed \'e.re..
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Cll!arwaler Gas Syslem t
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Reviewed by:
Ll!gal
Budget
Purchasing
Risk Mgmt.
IS
ACM
Englnl!erlnU
k?;S.
Estlmatl!d
Commllllon Action:
$264,722 [J Approved
Tot.ll [J Approved wllh Condlllons
5264,722 [J Den!1!d
CUlfent Fllal Ye.u [J Continued 10:
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UHr Departmenl:
, Clearwater Gas SySIl!m
Estlmaled
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, CIty Manager
Advertlled: Tampa RevlllW, 4/18,
Dale: 5/2,5/16 and Tampa Tr1bune
4111, 4/25, 5109
FundltJ& Source:
IXI Qplt.lllmprovemenl:
[J Operillng:
[J Other:
AUOIchmenll:
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SubmlUed by:
Paper:
Cl Not Required
AHec1ed Parties
[J Notified
lJ Not RequIred
Appropriation Code
351.96372.563800-
532.()OO
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AUG t t 1997
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A&L UNDERGROUND, INC.
p,o, Box 87B
201 EaslLoola
Olathe, Kmsas 66051.0078 '
Tel: (913) 829-0167
Fax: (913)~
'August 7, 1997
,...J
Sandy Barley
City of Clearwater ,
Clearwater Gas System
400 North Myrtle Avenue
Clenrwa~ert Florida 34615
:' Re:
, Duhedin Causeway, Bid No. 108-97
Mr. Barley,
, "In reference to ouf telephone conversation of Wednesday, August 6, 1997 regarding the
, , directional drilling project refere~ced above.
A&L Underg'round, Inc. wishes to begin construction as soon as possible. However, if it is
necessary to delay, construction until late September <<?r early October, we 8tm accept the project.
If our crew in on other projects at that time, we reserve the right to schedule this project when
lhey,are available. I '
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, . Mitchell Shaffer
. Vice President
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SECTION 00300
PROPOSAL
PROJECT IDENTIFICATION:
DUNED,IN CAUSEWAY NATURAL GAS PIPELINE REPLACEMENT
CONTRACT IDENTIFICA nON AND PROJECT NUMBERS:
CITY OF CLEARWATER BID NUMBER: 70-97
TillS BID IS SUBMlTIED TO:
CLEARWATER'GAS SYSTEM
" , CITY OF CLEARWATER, FLORIDA,
hereinafter called Owner or OWNER.
1 A. 0 Every Bidder must take notice of the fact that even though his Bid is accepted and the
, documents signed by the Bidder to whom an Award is made and by those officials
authorized to do so on behalf of the City of Clearwater, Florida, that no such Award or
signing shall be considered a binding Agreement without a certificate from the Finance
Director that funds are available to cover the cost of the Work to be done, or without the
approval of the City Attorney as to the fonn and legality of the Agreement and all the
pertinent documents relating thereto having been approved by said City Attorney; and such
Bidder is hereby charged with this notice.
1 B. ! The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an
Agreement with O'Mler in the form included in the Contract Documents to perform and
, furnish all Work as specified or indicated in the Contract Documents for the Contract Price
and within the Contract Time indicated in this Bid Fonn and the Agreement, and in
accordance with the other terms and conditions of the Contract Documents. '
2.
Bidder accepts all of the tenns and conditions of the Bidding Documents, including without
limitation 'those dealing with the disposition of Bid Security. This Bid will remain open for
ninety (90) calendar days after the day of Bid opening. Bidder will sign the Agreement and
submit the Contract Bonds and other documents required by the Contract Documents within
ten (10) days after the date or Owner's Notice of Award.
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00300.1
4I9ti
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Submitted:' J IJ n ~ , f 1 9 CH
(Date)
By: Aa.1 UN OF R ~Rnll tin f 'Nr..
(Bidders Name)
3.
In submitting this Bid, Bidder makes all representations required by the Instructions to
Bidders and further :warrants and represents thac:
I ,
(a) Bidder has examined copies of all the Bidding Documents, the Advertisement for
Bids, the Instructions to Bidders and oCthe following Addenda (receipt of all which
is hereby acknowledged):
Dated
Dated
Dated
Dated
Dated
Dated
Dated
Dated
No.
No.
No.
No.
No.
No.
No.
No.
(b) Bidder has familiarized itselfwith the nature and extent of the Contract Documents,
Work, site, locality, and all local conditions and Laws and Regulations that in any
manner may affect cost, progress, perfonnance or furnishing the Work.
(c) Bidder has studied carefully all reports and drawings of subsurface conditions and
drawings of physical conditions as provided in paragraph 4.02 and 4.03 of the
General Conditions, and accepts the detennination set forth to the' extent of the
technical data contained in such reports and drawings upon which Bidder is entitled
to rely.
(d) Bidder has obtajned and carefully studied (or assumes responsibility for obtaining
and carefully studying) all such examinations, investigations, explorations, tests and
studies (in addition to or to supplement those referred to in (c) above) which pertain
10 the subsurface or physical conditions at the site or otherwise may affect the cost,
progress, perfOrrilance or furnishing of the Work at the Contract Price, within the
Contract Time and in accordance with the other teons and conditions of the Contract
Documents, and no additional examinations, investigations, explorations, tests,
, reports or similar infonnation or data are or will be required by Bidder for such
purposes.
l"
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b:V;\IXlIolUOH\CUWATEIl\OONCAUSE\S1EC\SECOOJOO.:lPC
00300-2
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Submitted: J u n e 2. 1 9 9 7
(Date)
By: A&L UNDERGROUND, INC.
(Bidders Name)
(c) Bidder has reviewed and checked aU infonnation and data shown or indicated in the
Contract Documents with res~ to existing Underground Facilities at or contiguous
to the site and assumes responsibility for the accurate location of said Underground
Facilities. No additional examinations, investigations, explorations, tesu, reports or
similar infonnation or data in respect of said Underground Facilities are or will be
required by Bidder in order to perform and furnish the Work at the Contract Price,
within the Contract Time and in accordance with the other terms and conditions of
the Contract Documents, including specifically the provisions of paragraph 4.03 of
the General Conditions.
(t) Bidder has correlated the results of all such observations, examinations,
investigations, explorations, tests, reports and studies with the terms and conditions
of the Contract Documents.
(g) Bidder has given Engineer written notice of all conflicts, errors or discrepancies that
it has discovered in the Contract Documents and the written resolution thereof by
Engineer is acceptable to Bidder.
,'.
(h) This Bid is genuine and not made in the interest of or on behalf of any undisclosed
person, firm or corporation and is not submitted in conformity with any agreement
or rules of any group, association, organization or corporation; Bidder has not
directly or indirectly induced or solicited any other Bidder to submit a false or sham
Bid; ,Bidder has not solicited or induced any person, finn or a corporation to refrain
from bidding; and Bidder has not sought by collusion to obtain for himself any
advantage over any other Bidder or over Owner.
4. The undersigned hereby proposes and agrees, if this Bid is accepted, to enter into Agreement
in the form attached to perform all Work, which includes the assumption of all obligations,
duties and responsibilities necessary to the successful completion of the contract and the
furnishing of all bonds, insurance,' labor, equipment, materials, Compliance Submittals,
services, and supervision indicated or specified in the contract Documents to be performed
or furnished by the Contractor.
111 Y:'OJMNONlCUtWATEk'l:lUNCAUw.vEa\SECO>>OO 5PC
00300-3
4'96
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Submitted: .1unll! , t 1997
(Date)
By: A a. L II N D ERG R n 1I NO. t N C .
(Bidders Name)
Bid Schedule
Item No. Description Est. Quantity Unit Unit Price Tot.l Amount
1 Mobllilarion 1 L.S. S10,000.00 S10,000.00
" (limited to 4%
of the total
proposed
contract price)
2 Install6-inch 2540 L.F. $99.30 $252,222.00
steel gas main
3 Maintenance of 1 L.S. $2,500.00 $2,500.00
Traffic
TOTAL PROPOSED CONTRACT PRICE (UNIT PRICE AND LUMP SUM) $264~722.00
Two Hundred Sixtv-Four Thousand Seven Hundred Twentv-two---------
---~----------------------------------------~--~-----------~-----
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dollars.
Total Proposed Contract Price (written in words).
Signature:
~ Vice.
June 2, 1997 President
Corporate Seal
,
..
, Date:
S. The following docwnerits are attached to and make a condition of this Bid:
(a) Proposal Form (Section 00300).
(b) Bid security (surety bond [Section 00100 part 5], cashier's check, or certified check).
(e) Public Entity Crimes. '
(d) Noncollusive Affidavit.
(e) Po~er of Attorney (for Surety Bond only).
~.
..;v ,~N\CUWATPIDUNCAUSE\SPECS\SI.COOJOO.SPC
003004
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Submitted: ~un e 2. 1997
(Date)
By: A&l UNOERGROUND. INC..
(Bidders Name)
(t)
(g)
(h)
Corporate authority to execute Bid (any corporate employee other than president or
vice-president).
Drug Free Work Place
Bidder's Drug Policy per NPS 192-] 96. (Note: Employees shall be subject to drug
tests prior to work.)
Certificate of Compliance with Florida Trench Safety Act (Section 00100).
Copy(s) of current valid Jicense(s) issued in accordance with Section 489.113 Florida
Statutes, and appropriate City of Clearwater Ordinances.
(i)
(j)
6.
Communications concerning this Bid shall be addressed to:
Mitr.h~11 Shaff~r
Vice President
A&L Underground, lnc.
201 East Loula
Olathe, Kansas 66061 phone:913-829-0167 fax:913-829-3264
7.' Name of Contractor's job site field representative
Terry Williamson, Drilling Superintendent
8.
~1e8se list the names and addresses of the subcontractors to be used for the portions of the
work listed below. Additional information will be required in accordance with the
Instructions to Bidders, Item 10.
STRUCTURAL:
MECHANICAL':
n/ft
n/a
PAVING:
"/a
GEOTECHNICAL: n I a
, _Y;~WATIR\llUNC.W&l.Vfc::NEClXlJOO.SI'C
00300-5
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Submitted: June 2. '997
(Date) ,
By: A&L UNDERGROUND. INC#
(Bidders Name)
SURVEYING: n I a
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The terms used in this Bid which are defined in the General Conditions of the Construction
Contract included as part afthe Contract Docwnents have the meanings assigned to them in
the General Conditions.
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Submitted: J u n e 2 a 1 9.97
(Date)
BY:A1,,1 IINnFRr,RnIlNO, TNr.
(Bidders Name)
If Bidder is:
An Individual
By, nfa
(Individual's Name)
doing business as
Business address:
Phone No.:
A Partnership'
By n/a
(Finn Name)
(General Partner)
Business address:
Phone No.:
'A Cos:poratinu
,By. A&l UNDERGROUND. INC.
(Corporation Name)
KANSAS
, (State of in~rpom~on)
ay:'OJUWOHICtaW^n:~CNUXlOJDO.SPC
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Submitted: Ju ne 2. 1997
(Date)
By: A&L UNDERGROUND. 'tHe.
(Bidders Name)
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By: Mitr.hpll <;h.:lffpr
(Name of person authorized 'to sign)
Vice President
(Title)
(Corporate Seal)
Attest '
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(Secretary)
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Business address: 20 1 E a 5 t Lou 1 a. 0 1 a the. K a n s a s 6 6 06 1
(for faster delivery) P.O. Box 878. Olathe, Kansas 66051-0878
Phone No.: 91 3 - 8 2 9 - 0 16 7
fax: 913-829-3264
A Joint Venture
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(Name)
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(Address) 1
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(Name)
(Address)
(Each joint venmr:er must sign. The manner of signing for each individual, partnership and
corporation that is a party to the joint venture should be in the manner indicated above).
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Submitted: Ju ne 2 I 1997 '
,(Date)
By:. A&L UNDERGROUND. I He.
(Bidders Name)
Florida Trench Safety Act Acknowledgment
10. ' The BIDDER acknowledges and agrees that the Trench Safety Standards in effect at the time
of this PROPOSAL and at the time(s) of perfonning the WORK shall be adhered to and
compliance is the complete and sole responsibility of the BIDDER The PROPOSED
TOTAL CONTRACT PRICE, as stated includes the CONTRACTOR'S total cost for
compliance with the Florida Trench Safety Act.
$500.00
, (BIDDER'S cost included in PROPOSAL for compliance with Trench Safety Act)
"The remainder of this page has been left blank intentionally."
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Bidde ignature
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SWORN STATEMENT PURSUANT TO SECflON 281.133(3) (A),
FLORIDA STA TUTE~, ON PUBLIC ENTITY CRIl\D;S
TIUS FORM MUST BE SIGNED AND SWORN TO IN mE PRESENCE OF A NOTARY
PUBLIC OR OTHER OFFICIAL AUTHORIZED TO ADMINISTER OA TIlS.
1. This sworn statement is submitted to C 1 tv 0 f C 1 e a rw ate r a F lor i d a
(print name of the public entity)
by Mitch~11 Sh~ffp-rA Vic~ Pr~~idpnt
(print name of entity submitting sworn statement)
for A&L Underaround. Inc.
(print name of entity submitting sworn statement)
whose business address is
II 0'1 F i\ ~ tin II 1 iL 0 1 11 t h p _ K 11 n " tI ~ 6 6 n 111 n r f n r f 11 c: t p r ct p 1 i v po r Jl
P.O. Box 878, Olathe, Kansas 66051-0878. Phone:913-829-0167
Fax:913-829-3264
and (if applicable) its Federal Employer Identification Number (FEIN) is 48- 0938643
(If the entity has no FEIN, include the Social Security Number of the individual signing this
sworn statement: n / a . ).
2. I understand that a "public entity crime" as defined in Paragraph 287.133(1) (g), florida
Statut~, means a violation of any state or federal law by a person with respect to and directly
related to the transaction of business with any public entity or with any agency or political
subdivision of any other state or of the United States, including but not limited to, any bid
or contract for goods or services to be provided to any public entity or any agency or political
. subdivision of any other state or of the United' States and involving antitrust, fraud, theft,
bribery, collusion, racketeering, conspiracy, or material misrepresentation.
'3. I understand that "convicted" or "conviction" as defined in Paragraph 287.133(1) (g), Florida
Statutes, means a finding of guilt or a conviction of a public entity crime, with or without an
adjudication of guilt, in any federal or state trial court of record relating to charges brought
by indictment or infonnation after July I, 1989, as a result ofajury verdict, nonjury trial, or
entry of a please of guilty or nolo contendere.
4. I understand that an uaffiliaten as defined in Paragraph 287.133(1) (a), Florida Statut~,
means:
1. A predecessor or successor of a person convicted of a public entity crime; or
2. An entity under the control of any natural person who is active in the management
of the entity and who has been convicted of a public entity crime. The teon
uaffiliaten includes those officers, directors, executives, partners, shareholders,
tm;Y;\CX)1oI1ol0N\C.'UlW ^TERIOlJ'tICA,U~'ECS\SEC'lXllOO SI'C
00300-10
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employees, members, and agents who are active in the management of an affiJiate.
The ownership by one person of shares constituting a controlling interest in another
person. or a pooling of equipment or income among persons when not for fair market
value under an ann's Jength agreement, shaH be a prima facie case that one person
controls another person. A person who knowingly enters into ajoint venture with a
person who has been convicted of a public entity crime in Florida during the
preceding 36 months shall be considered an affiliate.
S. I understand that a "personu as defined in Paragraph 287.133(1) (e), FIQrida Statute$, means
any naturaJ person or entity organized under the Jaws afany state or afthe United States with
the legal power to enter into a binding contract and which bids or applies to bid on contracts
for the provision of goods or services let by a public entity, or which otherwise transacts or
applies to tmnSact business with a public entity. The term "person" includes those officers.
directors, executives, partners, shareholders, employees, members, and agents who are active
in management of an entity.
6. Based on infonnation and belief, the statement which I have marked below is true in relation
to the entity submitting this sworn statement [indicate which statement applies].
X Neither the entity submitting this sworn statement, nor any of its officers. directors,
executives partners, shareholders. employees, members, or agents who are active in the
management of the entity, nor any affiliate of the entity has been charged with and convicted
ofa public entity crime subsequent to July 1, 1989.
The entity submitting this sworn statement, or one or more of its officers, directors,
executives, partners, shareholders, employees, members, or agents who are active in the
management of the entity, or an affiliate of the entity has been charged with and convicted
ofa public entity crime subsequent to July 1, 1989.
The entity submitting this sworn statement, or one or more of its officers, directors,
executives, partners, shareholders, employees, members or agents who are active in the
management of the entity, or an affiliate of the entity has been charged with and convicted
ofa public entity crime subsequent to July I, 1989. However, there has been subsequent
proceeding before a Hearing Officer of the State of Florida, DMSION OF Administrative
bearings and the Final Order entered by the Henring Officer detennined that it was not in the
public interest to place the entity submitting this sworn statement on the convicted vendor
list. [attached a copy of the final order].
I UNDERSTAND mAT THE SUBMISSION OF TIllS FORM TO THE CONTRACTING
OFFICER FOR rnEPUBLICENTITYIDENTIFIEDINPARAGRAPH 1 (ONE) ABOVE IS FOR
mAT PUBLIC ENTITY ONLY AND, TIlA T TIllS FORM IS VALID TIiROUGH DECEMBER
31 OF nm CALENDAR YEAR IN wmCH IT IS FILED. I ALSO UNDERSTAND mAT I AM
REQUIRED TO INFORM 1HE PUBLIC ENTIlY PRIOR TO ENTERING INTO A CONTRACT
11ft. Y.1Q)MMCI>~W^T!INXJNCAU$N.l'EC:fIS[ctl))OCI src
00300-11
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IN EXCESS OF THE mRESHOLD ~rOUNT PROVIDED IN SECTION 281.01 7. FLORIDA
STATUTES FOR CATEGORY TWO OF ANY CHANGE OF nIB INFORMATION
CONTAINED IN nus FORM.
.."~~
Mitche", Shaffe gnature]
dayo~ ill/I.' . . 199'1.
vff ""~ :i110 'f/~
Notary Public - State of, II J
My commission expires
(Type of identification)
(printed type or stamped
commissioned name of notary public)
~ SERENA McOERMOlT
.... My App't ExpIt. ( . I ~..
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, lROPOSAL BOND
(Not to be filled out if a unified check is submitted)
KNOWN ALL MEN BY THESE PRESENTS: That we, the undersigned,
as Principal. and
as Surety, are held and finnly bound unto the City of Clearwater, Florida, in the sum of
Dollars ($ ).
(being a minimum of l00J'o of Contractor's total bid amount) for the payment of which, well and truly
to be made, we hereby jointly and severally bind ourselves, our heirs, executors, administrators,
successors and assigns.
The condition of the above obligation is such that if the attached Proposal of
as Principal, and
specified as:
as Sw-ety, for work
all as stipulated in said Proposal, by doing all work incidental thereto, in accordance with the plans
and specifications provided therefore, all within Pinellas County, is accepted and the contract '
awarded to the above named bidder, and the said bidder shall within ten days after notice of said
award enter into a contract, in writing, and furnish the required Perfonnance Bond with surety or
sureties to be approved by the City Manager, this obligation shall be void, otherwise the same shaU
be in full force and virtue by law and the full amount of this Proposal Bond will be paid to the City
as stipulated or liquidated damages.
Signed this
day of
. 19
(principal must indicate whether
, corporation. partnership, company
or individual)
Principal
The person signing sball~ in his own
bandwriting, sign the Principal's
name, his own name and his title~
the person signing for a corporation
must, by affidavit, show his authority
to bind the corporation.
By:
Title
Surety
_y;"(X)w.tClH'oCLl.W^T~CSISECaIJOO.5I'C
'00300-13
4196
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810 BOND
Conform. with The American In.tltute of
Archltect.. A.tA. Document No. A.31 0
KNOW ALL BY THESE PRESENTS, That we, A& l UNDERGROUND. INC.
201 E. lOULA. OLATHI::. KS 66061
ao; Principal, hereinafter called the Principal.
and the UNITED STATES FIDELITY AND GUARANTY COMPANY
of BALTIMORE, MD
, a corporation duly organized under
the laws of the State of Maryland , as Surety, hereinafter called the Surety. arc held and fmnly bound unto
CITY OF CLEARWATER. CLEARWATER GAS SYSTEMS, 400 N. MYRTLE
AVE., CLEARWATER, Fl 34615 as Obligee. hereinafter called the Obligee,
in the sum of 10% of Bid Amount - - - - - - - . - - . - - - - - - - - . - - - . - - - - - - - - - . - - . - - . - - - - - - - - - - - - - - - - - -
Dollars ($ 10% of Bid Amount ) , for the payment of which sum well and truly to be made, the said Principal and the said
Sure!)', bind ourselves. our heirs, executors, administrators, successors and assigns, jointly and severally, finnly by these presents.
WHEREAS. the Principal has submitted a bid for REPLACEMENT OF DUNEDIN CAUSEWAY NATURAL GAS PIPELINE
BID #70-97
NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee
in accordance with the teons of such bid, and give such bond or bonds as may be specified in the bidding or Contract Documents with
good and sufficient surety for the faithful perfonnance of such Contract and for the prompt payment of labor and material furnished in
the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the
Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such
larger amount for which the Obligee may in good faith contract with another party to perfonn the Work covered by said bid, then this
obligation shall be null and void, otherwise to remain in full force and effect.
Signed and sealed this
6TH
day of
June
1997
A & L UNDERGROUND, INC.
(Seal)
Principal
Witness
{
OgAq~
Witness
Title
'.....,. . "".. -t.., J la':
{
Attorney-in-Fact
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~ F":-.fri~nt, " . ' ,
S.OO54/0EEF 1197
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, AFFIDAVIT
(To be filled in and executed if the bidder is a corporation)
KANSAS
STATE OF IilXllUDA )
COUNTY OF .10HN~ON )
S e r ~ n a M r: De rmo t t being duly sworn, deposes and says that he/she is Secretary
of A & L U n d e r Q r 0 U n d. I n c . a corporation organized and existing under
and by virtue oflhe laws of the State of>BlMd'al and having its principal office at:
Kansas
Kansas
State
201
Number
01athe
City
East Lou1a
Street &
Johnson
County
Affiant further says that she is familiar with the records. minute books and by..laws of
A&l Underground ~ loe. (Name of Corporation).
Affiant further says that M i t c hell S h a f fer is
(Officer's Name)
VJ c e Pre s ; den t of the corporation, is duly authorized to sign
City of Clearwater Bid (fide) No. 70-97
to sign the Proposal for C i t y 0 f C 1 ear w ate r No: 7 0 - 9 for said corporation by virtue of
(state whether a provision of by laws or a Resolution of the Board of Directors. If by Resolution
give date
--~
,
lant
.
,
of adoption.)
Sworn to before me this 2 n d day of J u n e
. 19 9 7
; 1 z{
.0L)j ,I,' '1) l~f ~ 1111-: '
Notary Pu.blic
",y~
~ My App't E.qiIrIs '". " ~
""')"""'/i,j ,Ii ,i':...nt.! f!
Type/print/stamp name of Notary
Title or rank. and Serial No., if any
..Y;'oCDW1Kltfa.&WA~SPC
00300-14
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United States frderrty and Guaranty Company
... If Aaner
Is. 109120
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mow allMI'l 1/J1IIe3III rn-u: 11wt.,.,........ NeIIr........., c-,..,..~ ~ and ~ "*.. ... fI.... StIcI "
Mwrtnf wd ~ IU pnq.f dtlcut tN or, Gf IaItlIlott. kul'll ,....,...,.....,... '*'*" cntlUund ~ Dale A. Ge bau. r , Haymore,
Mia.our!; Brenda L1uze, Blue Spr1Dg.~ Hi..ouri; Steven H. Lange, Cathy HaxwallL
Leawood, 1&n8a8; Roger Feaster, Ann areshe.rs, Leets Summit, Missouri; Janice DOugan
Parkville, Missouri BDd Sue Camarillo
dtlllar,of raneas City .StItIIf Hissouri latLII"......~~lWldlln.,.~~.lIOrINnnil
1-.dabM. "lip bllMll.. ..,~. n to InaII. Nfl ttd~..Jn:taJJ I:cnil. ~ ~ II'Jd tllhltwa.n....,.... blDrl Nnc:I
..... "....~ In" ~., lP-.lilIoohJ..fi:iIIIlyftl..... ~h ~"CGI1lrIcU:ni ~.~-~bonlII...
~ ~.PtrJIItlId))...1Cda .proc:edllgllloMd.,. 1M.
Inv.-.WhncI.1tw uid u.-...... FWef................, c.,.,. hit tMIcI" ~ to bI_1ed MIIIb ~... cUt ru.tId bJ
htipll,nlCllbva".,....s~ScItIry....lOth dlycl March . A.D. 1195 .
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On" lOch dlyof March E~ .bIf~1l'II ~JcMA.Hw, va I'rIsidert at...... am. fWdItr...
....., c.,.w, Ird Thcnas J. Fbvn't Aubtant 1lI~. WI'id1 1_ ...., b01g il'/ ..1MrIDt'1iIr SWlln\ aill
'lhal1bly.1ha ait JofI"l A. IUs It'd T1:omIs J. Fb;lnld ~'*" W h A.ssistn lhe said lhiW...... ~...__
c..,..,.1hI CCIlpOI'It\aq da:Jile:I iI lid ~ ~ forePv .N 'Ilff IICh sui of Aid cocpcntIon; UIIl dla _I Iff.,. lIiI
PllMf of AltomIy was ar.:h arp(imIlId.lI!iIl (W'1o alflW t1t ~ Gf DiItttn ard Nt 1hIy sq.s l:hIrlDlllM lhno bw Iia onSet ..
VaPraidllt n ~ SIa1lIart.~, "the ~>>' I
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~ TlisPlMllr" /IJttrrIt lsptld.... anS L.. 41tw foDM1g ~ ~ br~ BoIId of Di1ct&n of 1ht I.WW SIIItIo R"8tr...
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said tuairo= lllIr lit 19*1 awc:utId. and ~ bot ptt'S<<Ilf entlits appoi'bd as ~1Ct p.nuIIllD a Pa'Mf of AnomIy bud kllCC.x1tRt wltI1
... r.oUfn. !iaiJ PowW of AItorlwt for lid on bllhaI of ill Ccrrfan'>>' Il'lIY and w. bllXICltId" h IWD'It rd on bahal d.. ecq.,.,. Mhw bot the Ctai1un. or
.. Praidlr(. or an Eaadit va Prddn. Cf' Saller Va Pl1USIrc. (1" va Prtddltc or III Auistarc Va Fr1sideft. JoiOt Mh 1ht Slaltlry or ." ~ StcntMy.
\ldlrthlr r.:~ ~ TblIiplIh of IlEh c(fats ffflt tit IrVIWd. pWtld or ~ n. aiptIn of... of tlDfrnQOl'rll officn an:t!hl MIll d!hl
Coqlq IIIIYbllft'iudbyfainiltco qPvww of ~ ortDatrtcd"att~hnto 1~~f<<pI'pOIa rMt r.t ~ ..n~
b:n!I ad U'dIr1U:i9 and oN' ~ ClbIignI;Iy i'l1lw NtIn hM'. ~ U'IIIsI ~ rI'IObd R Ujtct to .., IinitItians IGl: far1h", ." aWl Poww cI
AcumIr.. cartfalt ~ Il.th facsiJ& IQ\aun Cltfacsinllll&lald be nld n ~ upcn flII c:oq.n, 1R:t.., sum pawwso macd trd C*tlNdly a.dI
~ ~ and bc:sinII",nft blwid n bRfnoll4XJl'l.... ~ vdl:h t1ISi*t to."bacd 01 ~ III YdllctI Ie b validJw IC!aChId.
........ ThIt ~ W,""" b ~ IlId ~.lIUu~twol:D:IlIlld. i'lIl'lYCJSt. djId to the I.WInI W riDbticns" IN
Ptmw d A1tsmtt Iaued to 1Iwn. to &aa.a pi do" on baNI of... eoq.n, Ind III IttIdI h MIl of h CcmpIrrf to q 1fId.. bctdI wd ~ nl Olha'
Ntivr cbigIC<<y i'l1ht nrtIn 1hnct.1n1 '" Il.dI btnmd cma.CId br adtADomlrJ(J}bhc:r hll>> a bnflng ~ 1ht ~ as I signod 101 In E:ua.rM M"Q'
IIIl suIId 1M IUtStOd to bot.... S<<ntary of" ~.
L ThcmaJJ. r~kl anAuUunr s.cnuy of IhIIW114 ~ fWditr 1M II...., c..,." do Iwlb, tlltify~ tJw f~.. trut ~ fn:w
..... RtsoUicrd 01.. said Car4lanr IS Id:4:Ud by lis Bon of Oi1C'!cn CXl ~ 2' 1992 IIVi h:t u.s. ~ .. n fdl '1mI11ld Ift'ICl.
L hlldllJV*t ~ $cnUly of h UaIIH S1atIa ~ .. II&I'UII c.,~ do hnbv Ctftfy that 1M flnQClitQ Poww of Altom., is il full fctCI
ard Iffct and has not bion l'I'<<lbd.
klTatiDonJ~.lbM. Mtllfhlndand~VelW SbtM~..,.", c..,,,,CInIhil
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~ON-COLLUSION AFFIDAVIT
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STATEoFnwRi~
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COUNTY OF .10HNSON
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Hi tchell Sha ffer
that he
being, first duly sworn, deposes and says
"
is Vie e Pre sid e n t
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of A & l Un d e r Qr 0 un d, I n c . . the party
making the foregoing Proposal or Bid; that such Bid is genuine and not collusive or sham: that said
bidder is not fmancially interested in or otherwise affiliated in a business way with any other bidder
on the sameconttact; that said bidder has not colluded, conspired, connived, Of agreed, directly or
indirectly, with any bidders or person, to put in a sham bid or that such other person shall refrain
from bidding, and has not in any manner, directly or indirectly. sought by agreement or collusion,
or communication or conference, with any person, to fix the bid price or affiant or any other bidder,
"or to fix any overhead, profit or cost element of said bid price, or that of any other bidder. or to
secure any advantage against the City ofCleanvater. Florida, or any person or persons interested in
the proposed contract; and that all statements contained in said proposal or bid are true; and further,
that such ,bidder has not directly or indirectly submitted this bid, or the contents thefeo~ or divulged
infonnation or data relative thereto to any association or to any member or agent thereof.
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Sworn to and subscribed before me this 2 n d day of J u n e
. 19.21-.
'xd,' UIIfr. '-In c~. "Jfd
Notary Public
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_y~w.\TUIDlINCAUSE\SPEC:S\SE('OQ)OO.SI'C
00300-15
4'96
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TRENCH SAFETY ACT
A&L Underground, Inc. does hereby certify that it is aware of and in compliance with the Trench
Safety Act referred to in Section 00100 and Occupation Safety and Health Administration's
(OSHA) excavation safety standards, 29 C.F~R.s 1926.650 Subpart P as required by the above-
referenced Trench Safety Act.
"Signed: ~ ~
Kurt Gowdy,
Safety Direc~or
Dated:
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SlerION 00600
CONTRACf BOND
BOND NUMBER: _ 12012026375971
STATE OF :UfISAS .
COt1NTY(JF. Jobn~Qn
ICNOW ALL MEN BY THESE PRESENTS: That we _
p r A&L Underground, Jne.
uprmcipaland) United Sta~es Fidel.ity ~QQ puarantv. ComD~IlV
(Swety) whose bome Iddtess is Ba 1 t i more 1 MO
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JOOlVNAFl't4 CAI.I.)'Jl TBE -SureCfIl are held and finnly bound into the City orCJeanwur,
Florida (here1naftercaUed the -Ownerjin the penal sum of Two Hundred S1 xty Four Thousand
Seven Hundred Twent Two and 0 0 ---- ($264 722.00) Dollars
Dollars ($ ) far the payment ofwhich we ind ourselves, our belts, '='Cecutoll. administrators,
$uccesso~ and assigns for the faithful paformanee of a c:auin wriUen contrad, dated the l / fh.
clay ~ 19:1] cn~ into benYcen the Principal and the City of Clearwater for:
T Dunedin CauseWay ~atural Gas PiD~line RPD1~cpmpnt
a COPT of which said contract h incorpoated herein by reference and is made a part hereof 1$ iffWly
copied herein.
NOW TBlREFORE. THE CONDmONS OF THIS OBUGATION ARE SUCH; th&t itthc
Prioclpal shall in aD respects comply with thc.tetmS and conditions of said QJDtract" including the
one-year guarantCc or material and labor. and his obligatiol1J thereunder. inclut1ing the COntract
docuzuents (wblch include tho Advertisement for Bids. FOnD otl'l\)posaJ. form ofContraet, Fonn
of SuRly Bond, lostructions to Bidden. General Conditions and Technicat Specifications) and the
PJam and Speclf1cr.tloas tbereln reCezrcd SO and made a part thereof, and such alterations as may be
made IIi said Plans and Spedfications as therein provided for, and shall indemnlly and save harmless
the said Owner agaim1 and fiom ill costs. expenses. damages. iDjwy or c:ondu~ want ot care or
.b1J. aeg!isence or detauJt. including patent infringements on the part of the said Princlpal agents
or employees. In the excamo4 Of' perfonnance of Did am1nCt, including etJOrs in tJlc plans
tUmisbed by the. Prin~pal. and tUrther, itsuch .Contractor' or .ConEractorstt shall promptly make
payments to aU ptnODS supplyins him, !hem or it. labor, material, and supplie$ used cfm:d1yor
lacrJn!dJy by said Contractor. CcmtracSOl1. Sub..contractor. or Sub...corttractors.. in the prosecution
ortbe work povide4 for in _d Cootracc, this obligation #haJJ ~ void, otherwise. the Principal and
Surety jointly and sevcraJ1,. agree to pay to the Owner any difference between ~c sum to which the
laid Pdncipal wouJd be entitled on the completion of the ContI1ct, and that which the Owner may
be obfJacd to pay fOr the completion of said \\'OrE by ron1l1tt or otherwise, and any clamages_ direct
or indirect- or co~ential. which said Owner may sustain on atclOunt or such work. or oa aa:ount
. or the failure or the said Contractor to properly and in aU thing1.. keep and execute an the ptOvl5Jont
fM:~A1'U'Dl~~'"
00600-1
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of said contracl
, And the said PrincipaJ and Surety hereby ftu1her bInd thcnuelves, their wccessoll. executors,
adminiltmol1. and aaigns. jointly and severally. that they will amply and tblly protect the said
Owner 18~ and win pay any and all amounb, damag~ costs and judgments which may be
recovered against or which tho Owner may be ca.Ucd upon to pay to any person or c:orporation by
reason oC any damages arising ticm the ped'onnance of said work, or of the repair or malntenance
thCRO( or the mannerofdoina the same or the neglect otthe said Principal or his agems or servants
or the improper performance of the said work by the Prine;ipal or his agents or servants. or the
infringements or any patent rights by reason of the use of any material furnished or work done; as
aforesaid, or otherwise.
And the said Principal and SW'ety hereby tUnher bind themselves, their SUcces50B, bcinJ, executon,
adminls!tators, and assigns.joindy and severally. to Iq)ay the awner any sum which the. Owner may
be compened to pay because of any lien ror labor material furnished for the weB; embraced by said
Contra.cl
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And 1110 said SuRly, for the value received, hereby stipulates and agrees that no clwtge, extension
of time. alteration or addition to tho terms of the c:ontract or to the work to be pcd'ormed thereunder
or the specifications acmmpanying the $aDle sbalI in any way affect itS obligati011$ on this bond, and
It does hereby waive notice of any such change. extension of time, alteration or addition to the tc:nns
or the contract or to tho 'WOrk or to the specifications.
(REMAINDER OF PAGE LEFr BLANK lNTENTIONALL Y)
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~~ONY WHEREOF. willies. the bads and seals oCthe panie, hereto lhlI ~ day or
, 1991.
A&l Underground, Inc.
...
CONTRACI'OR
B~~
ATTEST: '
...~?~
WITNESS:
COUNTERSIGNED:
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PLEASE SEE LETTER OF
AUTHORIZATION TO INSERT DATE
ON BOND AND POWER OF '
A TIORNEY
United States Fidelity and Guaranty Company
TY
B
Sue Camarillo
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00600-3
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ATrORNEY-JN..PAct :-:( t/ ~,
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AUTHORIZATION TO INSERT DATE OF CONTRACT ON BONDS AND
, POWER OF ATIORNEY
THE UNDERSIGNED IS AN AUTHORIZED REPRESENT A TIVE OF:
UNITED STATES FIDELITY AND GUARANTY COMPANY
THE SURETY FOR: A&L UNDERGROUND~ INC.
CONTRACTOR FOR AND DURING THE ENTIRE PROJECT
DESCRlBEDAS FOLLOWS: DUNEDIN CAUSEWAY NATURAL
GAS PIPELINE REPLACEMENT
AUTHORIZATION IS HEREBY GIVEN BY THE SURETY TO: CITY OF
CLEARWATER, FLORIDA TO
INSERT TIlE DATE OF THE EXECUTION OF THE CONTRACT ON THE
BONDS AND THE POWER OF A TIORNEY.
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1027116
United States Fufelity aod Guaranty Company
Power tI Aalraly
H.. 109120
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maw allllII'l by t2mI ptI:MrU: 1M UIIIW .... FWt.Dty ......,...., c.,.,. a awpomion 0I'pli:.:f aid ~ ~ lhI II..", d 1fw b. d
MIryIand and ~ ill ~l ol'rica IIltIt Qy 01 Baltincn. iuhl SlatI d ~ dMl*1br cntlMu/Jd appod Da le A. Gebauer, Raymore,
Missouri, Brenda Linze, Blue Springs, Missouri, Steven M. Lange, Cathy MaxWell~
Leawood, Kansas; Roger Feaster, Ann Breshears, Lee's Summit, Missouri; Janice uougan
Parkville, Missouri and Sue Camarillo
dlhlQyat Kansas City .Sbtlol' Missouri ItnwIl'dIawrl.fAttorTWlis~a:uadlinltlli'~~'/lIClI'1lhanlnis
l'IIMId IbM. to . ics l\JlJlIU U"I' te,IIIllO '*W...I tlId ac:blcM4. .., If'd all bondI.lIdIfUki'QI. eonlJJcU Il'd o1Iw Mitt., iNwnIntJ i1tht nn.n hnof
CI1 blhall d h COII1IiIITt in lb luNa d pwtIIi'Q" fdlliry III JIIIrSOnE gumttMitQ Uw pedDl'lllaflCl d conh:tS: and ulCl.llirQ ot ~ botdI n
~~tI""'" .,.,Cia.PfllC*di~allcIwdby W.
i! 'MrnIa\\1lnd. fie Aid......... FWelIfr" QIIAfUtr~. hu UlmJd this ~ to be se.altd Mh its CllIpCIRle SNI,Iil1 attes1ld by
lhI $QlItInJ at b Va f\"DSidn and~ Saury,1ta 10 th drt d March . AJ), 19 95
(S9*t By..
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On1fil 10th dlyol' March ,A.D$~ .blfttlme~~Jd1nA.Huu.Vr:'PrWlndU.dSllllilRdlUty...
"....... """001_'."""" -~'\""_.... "lI> ~ 1"'~'" be...... .........""_ "'l
lh1l tIwt.lht saijJotn A. ~ andThamas J. ?~.~thI~a ~tbt lwimrl · Siid UWd $lata FideGtr.. ,.....atr
CMtfoMT. the cocpcntion clu:rib.:l in ard v.tidl foregGi"Q PoMr . 1M they Nth _bA' 01 said eCl'p(nticn; ltlillhl sa r affIX.:! to sa if
Poww of ~omtywas SlI:h ~ ~ afflUd bt atder ctfi;' of ORden of .N:1~ion. ard 1M they s9wd 1Mi' ramtS thnlo bt III onW u
Va PrllidnnAssiualtSec:marr. .dU. O~. ~
Mr Ccmni:sUln e;ns 1Iw 11 th d;y n ~ rch ..& ~. .
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~ This Poww II ~ is pc.:llJ'dar ard ~ ~,~ 'tra fol0wit'9 Rtsol~ adopted bt the BoanJ of Doocn of 1M UAItH u.u. fideray ud
g...-y eo.,.., an St4ltmblr 24. 1992:. ~' ... '
....... ht iI CllCIlItlien ldh U. fdlliy ard SlRty insnra ~ of lht ~. aD b<n:h.~. eOftllCU mI o1her Rtnrntnu ~ to
said buIit'lw IIII't beSV*i IIIClbd. and actnowIedgId ~ pmons Q' IIItilIs 1RlOi'ui U ~s)-iMad: ~ \0 a POYM of Ancmoy issued allXllCdaru witt1
... moUianL SHfI'orMrW cI ~ for lid on beNlf IIlh1 ~I'f' NY and ahal bllUCVlId n lhI nan and on bihar II IN~. tilhIr bt IhI Olaiman, or
1hI ~ or 11\ &1ClJliwt Va Prddn. or I Srilt Yael PrISiSd. 11'1 Va Pr.on 01' 11\ Assistm Va Presidltt.Io~ wilh the SteUlr( or an Assisunl s.traury.
U1der1bt; ~ dIs~ TheI90n d SldI offun may belll91Y*lllrirtld or ilfK9JphId. ThI s91ItLn of ucfl of lhI forego"" ofl"us ,I'd the Still of thI
~ may be atfiDd IPt fa:shiJIlO "" I'vMr '" Attonwi Q'to ItJf ctrtl' al. ralltiJJ 1h<<8to lA'IOi'ltn<I AttcrnGw(s}-il.f ad: fer p.rposo:s aNt II axacutrIg in and a1tatiIg
bonds Itd lRSIrUkqs and oct. uUvs CIbIigalary i1 till NlI.n lhtIeof. and.1IllIss ~Iy rI'o'Obd and sUljIcllo "." linitatioN set fc:nh thulin. q uh POWII' of
AtlcmIY or eertraa karirv Jl.dI fxsillill J9Ia1In orhr:slmile sal wi be nil and flnol'Q upoo the ~ ard OlIff sWI powar so aa:uted am artifl<<1 tr, su:h
btsimiII SQmLn and txsiniIsalwn be Vlii.-d bidR:ll4)Cll1 \he ~ with r~ to ." bard ot 1I1dW~ t:a 'tot1l:h it is YJliltt anxhed.
...... That AllmlI)(sHrtfId stili haw the poww and Ntcritt.lIlIISs ~ I'lI\'Obd on1 n"." cue, stbjec1 to !hi ttmIs.nd linitaticns of 1hI
Po\wt cI ADr1mrt isMd to !him. to t:lIClJlJ II\d diM an boNlf d 1bI ~ny and to attad1 the sui c1lh1 CanPll't to aT'( and a I bonds and Ll"dertam;,. n;I olhlt
Milr. cbligM<<y iJrhlNtln iwIaf.Mldq JldliJsmnlanl G:tOClJfJdbr adlA!l.l:tMri~ wll blubDfflQ l,p:IIlb Canpany u J ~ by anExea.cN. Offk..
aOO sulId n Ilte$tId to bt 1hI ScncaIyd.. CacrclalT1.
L ThomuJ.Fia;eraki.IlI~Stcntary oIlhIU..... S\dII fi4eDtr tad C..,...,c..'IlIf. do lwqewtify1M.\t. forlQO~ar. true ucwpu from
1hI RuQk4ians dthe laid ~&tadoJ:udbr its BoW of Omen on ~24. 1992 and thai thIst R~ n infUlfortl and affect.
L 'ibl1J'dInVlad Assiswt ScralaIy of the UIlW SlaIN RdtI1fw ... C UlIIlf Colll,lSJ do hnb'{ e.tlfy d8l U. f~ Poww of Attom.t is n full fOltt
IllS ctftc:t and has not bean rI'I'llUd. .... I
. kl TWnantWlwad'l'~'I\riiG'~~rditJd~..w......~ :::"'''''''''''~.
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~ONTRACT
This CONTRAcr made and entered into this ~ day of :Jh l~ . l!A 1 by and belween the
City oCClearwatert Florida, a municipal corporation, -..
hereinafter designated as the "City". and A t L. Lll'\d.e e 3 \' v ~U'Y:t I .91'lf .
, oCthe City of JLI CL.'f-iLt - I
County of 7'\('1 itl '\ -smt\
"Contractor". '
and State of Kansas hereinafter designated as the
WITNESSETH:
That the parties to this contract each in ronsideration of the undertakings, promises and agreements on the
part of the other herein Contained, do hereby undertake, promise and agree as follows:
The Contractor. and his or its successors, assigns, executors or administrators, in consideration of the sums
of money as herein after set forth to be paid by the City and to the Contractor, shall and will at Contractorts
own cost and expense perform all labor, furnish all materials, tools and equipment for the following:
Dunedin Causeway Natural Gas Pipeline Replacement for the contract price of
$264,722.00
In accordance with such proposal and technical supplemental specifications and such other special
provisions and drawings, if any, which will be submitted by the City, together with any advertisement,
instructions to bidders. general conditions, proposal and bond, which may be hereto attached, and any
drawings irany, which may be herein referred to, are hereby made a part orthis contract. and all of said
work to be perfonned and completed by the contractor and its successors and assigns shall be fully
completed in a good and workmanlike manner to the satisfaction of the City.
If the Contractor should fail 10 comply with any of the tenns, conditions, provisions or stipulations as
contained herein within the time specified for completion or the work to be performed by the Contractor,
then the Cityt may at its option, avail itself oC any or all remedies provided on its behalf and shall have the
right to proceed to complete such work as Contractor is obligated to perform in accordance with the
provisions as contained herein.
THE CONTRACI'ORAND IDS OR ITS SUCCESSORS AND ASSIGNS DOES HEREBY AGREE
TO ASSUME THE DEFENSE OF ANY LEGAL ACI10N WmCH MAY BE BROUGHT
AGAINST THE CITY AS A RESULT OF THE CONTRACTOR'S ACI1VITIES ARISING OUT
OF THIS CONTRAcr AND FURTHERMORE, IN CONSIDERATION OF THE TERMS,
STIPULATIONS AND CONDITIONS AS CONTAINED HEREIN, AGREES TO BOLD THE
CITY FREE AND HARMLESS FROM ANY AND ALL CLAIMS FOR DAMAGES, COSTS OF
SUITS, JUDGMENTS OR DECREES RESULTING FROM ANY CLAIMS MADE UND~R THIS
a:Y:~^TEINlUNCAUSE\S't:CS\$(.o:oeonSI'C
00600-4
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...~J1 . . &.... .., / ........4 .~.... "t - I..\"i"'" t -r' , - 010" ..." ,.. ,. . J~.~-,
CONTRACT AGAINST THE CITY OR THE CONTRACTOR OR THE CONTRACTOR'S
SUB-CONTRACTORS, AGENTS, SERVANTS OR EMPLOYEES RESULTING FROM
ACIlVITIES BY THE AFOREl\1ENTIONED CONTRACTOR, SlJB.CONTRACI'OR, AGENT
SERVANTS OR EMPLOYEES.
In addition to the foregoing provisions, the Contractor agrees to conform to the following requirements:
In coMection with the performance of work under this contrac~ the Contractor agrees not to discriminate
against any employee or applicant for employment because of race. sex, religion. color. or national origin.
The aforesaid provision shall include. but not be limited to, the following: employment, upgrading,
demotion. or transfer; reauitment or reauitment advertising; lay-off or termination; rates of payor other
forms of compensation; and selection for training, including apprenticeship. The Contractor agrees to post
hereafter in conspicuous places, available for employees or applicants for employment. notices to be
provided by the contracting officer setting forth the provisions of the non-discrimination clause.
The Contractor further agrees to insert the foregoing provisions in a1l contractS hereunder, including
contracts or agreements with labor unions and/or worker's representatives, except sub-contractors for
standard commercial supplies or raw materials.
The work shall commence on the date directed by the Owner as stated in the Notice to Proceed and shall
be completed within 90 calendar days of such stated date of commencement.
It is mutually agreed between the parties hereto that time is of the essence of this contrac~ and in the event
that the work to be perfonned by the Contractor is not completed within the time stipulated herein, it is
then further agreed that the City may deduct from such sums or compensation as may be due to the
Contractor the sum of 5500.00 per day for each day that the work to be perfonned by the Contractor
remains incomplete beyond the time limit specified herein. which sum of $500.00 per day shall only and
solely represent damages which the City has sustained by reason of the failure of the Contractor to
complete the work within the time stipulated, it being further agreed that this sum is not to be construed
as a penalty but is only to be construed as liquidated damages for failure of the Contractor to complete and
perfonn all wade within the time period as specified in this contract.
" ,
It is further mutually agreed between the City and the Contractor that if, any time after the execution of
this contract and the surety bond which is attached hereto for the faithful perfonnance of the tenns and
conditions as contained herein by the Contractor, that the City shall at any time deem the surety or sureties
upon such perfonnance bond to be unsatisfactory or if, for any reason. the said bond ceases to be adequate
in amount to cover the performance of the work the Contractor shal~ at his or its own expense. within ten
(10) days after receipt of written notice from the City to do so. furnish an additional bond or bonds in such
term and amounts and with such surety or sureties as shall be satisfactory to the City. Ifsuch an event
occurst no further payment shall be made to the Contractor under the terms and provisions of this contract
until such new or additional security bond guaranteeing the faithful perfonnance of the work under the
terms hereof shall be completed and furnished to the City in a form satisfactory to it.
_Y.\OJloIloIOtl'<.'UtWATEA\Ol.INCAUSNl'fCNE~~
00600-5
4'96
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IN WITNESS WHEREOF, the parties to the agreement have hereunto set their hands and seaLs and have
executed this Agreement, in duplicate, the day and year first above written.
CITY OF CLEARWATER
IN PINELLAS COUNTY, FLORIDA
(Seal)
Attest:
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Cou~tcrsigned:
Cynthia E. Goudeau. City Clerk
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By:
, Rita Garvey, Mayor-Commissioner
Approved as to form and
legal sufficiency:
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lohn C. Carassas
Assistant City Attorney
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(Contractor must indicate whether
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nam~ his oWn name, and his title;
where the person is signing for a
Corporation, he must, by Affidavit,
show his authority to bind the
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CLEARWATER GAS SYSTEM
Interoffice Correspondence Sheet
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To:
Cyndie Goudeau, City Clerk
Chuck Warrington, Gas System Managing Director '"" '; \:S, L C6 fA)
From:
Copies:
Agenda Item File
SUBJECf: Subaqueous Directional Bore of Dunedin Causeway
Date:
September 30, 1997
This is in foHow~up to Commissioner Seel's question regarding the payback available from Royal
Stewart Anns for the replacement of this crossing.
Over the past two (2) years the typical conswnption has been 48,720 thenns per year which
produces a Non-Fuel Energy annual revenue of $31,115. Therefore, this system improvement
expenditure of$264,722 will require 8.5 years to payback this investment.
Though this is higher than the nonnally required 7 year payback for new jobs, I would point out
that this customer project of approximately 145 apartment units has been a customer for nearly 30
years. Therefore, these customers have long since paid for their initial investment, and I believe
that this system improvement invesunent is prudent.
Our amy two (2)a1tematives are to make this improvement or to discontinue service to this
cOmplex. We do not have the alternative of continuing our current seIVice as the condition of the
current crossing requires correction to stay in compliance with safety regulations.' I strongly
recommend that this contract be approved.
., CSW/cw
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Clearwater City Commission
Agenda Cover Memorandum
Item II: ,'.: .'9: 0 ,
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Meeting Date:; , ,.,":
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SUBJECT:
Blanket Purchase Orders for Vehicle Parts
RECOMMENDATION/MOTION: Ratify and confirm Blanket Purchase orders in the amount of $71,500
{or the purchase of vehicle parts from Fleet Products, Inc.,
IBl and that the appropriate officials be authorlzed 10 execute same.
BACKGROUND:
On 11/26/96, The Parts House, Inc. gave notice to cancel its contract to provide in-house parts services. In
order to purchase parts while seeking a new contractor a blanket purchase order in the amount of $24,000 was
authorized.
The RFP for the new contractor did not receive qualified responses and a new RFP was initiated. Because of
the extra time needed to process the second RFP, the funds authorized by the first BPO were exhausted and
two emergency BPO's in the amounts of $22,500 and $25,000 were issued. This brings the total amount
author'ized to be purchased from Fleet Products to $71,500 and requires Commission action to ratify and
confirm the BPO's.
Reviewed by: Originating Departmel'}t: Costs: Commission Action:
Legal NA ~~ 57t,500 o Approved
Budget >""\J Total o Approved w/Condltlons
Purchasing k""~ User Oepartmo;:nt: 568,000 o Denied
Risk Mgmt. . NA v01,101l5 Current Fiscal Yea' o Continued to:
IS NA Funding Source:
ACM o ClpllAI
. , tmpronmtnl,
Other Advertised: Il!I OptrAtlnll:
~ Date: 0 Olhtr: Attachments:
- Paper:
Submitted by: 7<' lXINot Required Appropriation Code
V J AfCected Parties: S66.Q6611.SS0600.519..o0D
0 NotUltd IE None
Clty Manilger V J' IElNot Required ~
o Printed on r ~i1per
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Clearwater City CommIssion
Agenda Cover Memorandum
Item #:
~\
Meeting Date: 10/2/97
SUBJECT: Expand sCn'iccs with Pitncy Bowes Managcmcnt SCn'iccs (PBMS) to includc officc and bulk
mail, and mail courier sCn'ices.
RECOMMENDA TION/MOTION: Approve extending services of existing contract with PBMS to include
processing all city "office" mail; pre-sort (bulk) mail; temporary mail courier and other special mailing projects at
a total projected contract cost of$45,340.
ltJ and that the appropriate officials be authorized to execute same.
SUMMARY:
· The City of Clearwater has an existing contract with PBMS to provide daily service to process the city's utility
bills. The current contract was projected to be an annual cost of $20,000 and would result in projected annual
savings of$9,000 in postage costs alone.
. At the time the utility bill services were bid, responders were also asked to provide quotes for providing the
additional services outlined in this agenda item. Pitney Bowes Management Services proved the lowest bid.
. Currently the City of Clearwater processes an average of 20,000 pieces of outgoing office mail per month and
239,000 per year. Projected annual postage costs for the 96/97 FY are $130,000. The majority of the first
class mail is sent at a minimum of32 cents each piece.
. PBMS is capable of processing the City's office mail at rates ranging from 28.9 cents per piece to 30.1 cents
including service costs, for first class presorted mail. This represents a minimum savings of .021 cents per
piece. Annual savings for first class presorted mail have been projected at approximately $5,200. (NOTE:
Savings will fluctuate up or down due to the size and type of mail pieces sent). PBMS will provide daily
afternoon pickup of all city office mail; scan barcodes; presort Wld deliver to the US Postal Service.
. City staff currently spends 2.5 hours per day metering and processing the city's outgoing mail. By contracting
with PBMS the City can expect an additional savings of $1 ,500 from the elimination of costs associated with
the mailing machine and will gain 2.5 hours per day to increase mailing services to city departments.
. City Departments process approximately 40,000+ bulk mailings annually. It is projected that bulk mail could
increase to over 350.000 per year due to increased city marketing efforts. PBMS will coordinate all bulk mail
efforts; provide folding, inserting. barcoding and labeling services. and work with individual departments to
insure the most cost savings are realized. Currently there is no centralized bulk mail process and individual
departments must manually process their own mailings including folding, inserting, preparation and delivery to
the post office.
continued
. ......,-----_..............._............~"""~..~_......
......---------- -'-' ..-......---~ -
Reviewed by: OrlglnaUng Deparbnent'
Legal Information Managem
Budget
PurchasIng User Department:
Risk Mgmt. All City Departments
IS
ACM
Other Advertised:
Date:
~ ' Paper:
Submitted by: 0 Not Required
"
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Affected Parties
0 Notified
-' City Manager 1tI Not RequIred
o Printed on recycled paper
Costs:
$45,340
Tolal
Commission Action:
o Approved
o Approved wJlh CondJtJons
o DenIed
o Continued to:
Current FIscal Year
Funding Source:
o Capital Improvement
ltI Operating User Dept's
o Other:
Attachments:
Cost AnalysIs
Appropriation Code
User Departments
o None
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.<. "1. . ~..~. '::'\'I,~l '";':}~;":~'':~~~ ',r0~1t~.:{,~~. ~'''::'i:''' d'1,i.~~~:<' ) 1;[)1 ;1?1#:)l';~:}~-IT~.:n~'~t.~'\~~~~~I~:\ .,-oJ ~ ~!
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o~ce maB" a~d $14,000 to process 350,000+ ,bulk mailings.
. ' ,PBMS is also capable of providing a mail courier on a temporary basis during times when the City Courier is
on vacation or ilL, A competitive bid has been completed and PBMS is the lowest. The City would like to
'include this service as a part of the overall contnict. Projected costs of these services arc $2,000 on an annual
basis (4 weeks).
,
.. Total projected contract costs including all services outlined is $45,340.
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FJRST AMENDMENT TO MANAGEMeNT SERVICES AGREEMENT
This First Amendment to Management Services Agreement (Amendment) is
made this day of I 1997, by and between Pitney Bowes
Management Services Ine. (PBMS), a Delaware corporation with its principal place of
business at World Headquarters, Stanford, Connecticut 0692&-0700, and the City of
Clearwater (Customer), with offices in Clearwater, FL.
WHEREAS, PBMS and Customer entered into an Agreement on June 16, 1997.
for Management Services (Agreement); and
WHEREAS, PBMS and Customer amend that Agreement under the terms and
oonditions stated herein;
NOW, THEREFORE, for the mutual promises contained herein, the parties
agree as foUows:
, 1. The services to be provided by PBMS to Customer shall be amended as
described In Amendment Exhibil1.
2. The prices for the amended services shall be: billed as set forth in
Amendment Exhibit 2.
3. All other terms and conditions at the Agreement shall remain in full force
and effect.
IN WiTNESS WHEREOF, the parties hereto have executed this Amendment as
of the date first above written_
PITNEY BOWES MANAGEMENT SERVICES. INC.
By:
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G. Alberti
Vice President/Administration
Countersigned:
Cl1Y OF CLEARWATER, FLORIDA
By;
Michael J. Roberto
City Manager
Rita Garvey
Mayor-Commissioner
Approved as to form:
Attest
Cynthia E. Goudeau. City Clerk
John Carassas, Assistant City Attorney
SEP 04 'S7 11: 18
8135624696
PAGE. at
SEP-e8-1997 14:24
** TOT~L PAGE.el **
95% p.el
404 658 8899
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MANAGEMENT SERVICES FIRST AMMENDMENT
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Exhibit 1
Scopes of Work and Measures
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Ca) Customer mail pfck..up. meter IU\d pre-sort: PBMS wiff make one dafJy
plck..up at an agreed upon time, for the balance of the Customer's mail. AU
mail will be taken to the PBMS facility to be metered, pre-sorted and
~elivered to the post office.
.
'(b) Fill In courier runs: PBMS will perfonn back~p courier services for man
runs and records storage when requested, schedules permitting.
(e) Manual insertion: PBMS will perfonn manual inserting mall services when
requested, schedules permitting.
(d) Bulk mailinas and other miscellaneous servi~eS: AS additional projects
come on line, \WrkwUl begin after the pricing and scope are agreed upon
between The Customer and PBMS.
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484 658 8899
** TOTAL PAGE.al **
94~ P~01
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MANAGEMENT SERVICES FIRST AMMENDMENT
Exhibit 2
Prices
, (a) City Mall Pick~p and PT8-Sort: Mail Services will be provided at the
, following rate;
.' Metering @ $0.015 per piece.
. Pre-sorting @ $0.02 per qualifying piece.
. Encoding @ $0.032 , per pfece.(Change from original contract price of
$0.04 per piece).
.
(bJ Fill in courier 111I15: Back-up courier services for mail runs and records
storage will be provided at the following rate: $12.00 per hour.
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(e) Manual insertion: Mail Services will be provided at the following rate: $0.05
. per piece.
Cd) Miscellaneous services:.....Prices for any additional services 'Nil! provided
upon request.
(e) Price Adi~nts
The Mail ,Setvices lee(s) are subject 10 an annual increase of up to 5
percent (5%) over the previous years contracted price starting at each
anniversary of the Commencement Date.
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** TOTf=t. P1=GE. 81 **
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; Clearwater
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Interoffice Comspondence Sheet
To:
cc:
Kathy Rice, Acting City Manager ~
Tom Mudano, Administrative Support Manager II 1.!Y
Information Management Department - Technical Support Services
Jeff Harper - 1M Director, John Scott - Finance Assistant Director, ~
George McKibben - Purchasing Manager, John Carassas - Assistant City Attorney
Date: June 18, 1997
RE: Pitney Bowes Management SetVices Agreement
Attached :l1'e twO original copies of a contract between the City of Clearwater and Pitney Bowes Management Services
(pBMS). This contract outlines the services to be provided to the City of Clearwater by PBMS. A summary of these
services is :IS follows:
From:
Pitney Bowes ~lanagement Services will:
-/ Pick up the City of Clearwater Utility Bills daily (excluding holidays) by 11:00am.
./ Fold, insert and mail the bills on the same day.
-/ Notify the City via fax of any damaged bills, which can be prepared for next day pickup.
-/ In~oice the City monthly for services
./ Pronde appropriate reports to the City and the US Postal Service
The est:imated cost of the contract is as follows:
Projected Projected
Monthly Annual
Description Quantity Rate Service Costs Service
Costs
Utility Bills 43,000 0.0325 $ 1,397.50 $ 16.770.00
.. Penalty 7,000 0.0250 $ 175.00 $ 2,100.00
Notices
$ 1,572.50 $ 18,870.00
Postage costs are expected to decrease utilizing PBMS by taking advantage of their automated mailing system.
1be "Designated Contract Administrator" for the City will be me and the "Site Coordinator" for the utility bills will be
Barbara H:1gCtl - Utility Fmance Supervisor. We have set a date of July 7, 1997 for the contract and services to begin.
Once the semce begins, 1 will be working with PBMS to expand the services to include sending out all other City mail
and providing mailing and inserting services for all departments special needs.
Thanks
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MANAGEMENT SERVICES AGREEMENT
this MANAGEMENT SERVICES AGREEMENT rAgreementj Is made as of the 16th day of
June, by and between Pitney Bowes Management Services, Inc. ("PBMSj a Delaware
corporation with Its principal place of business at Wortd Headquarters, Stamford, Connecticut
06926-0700, and City of Clearwater, with offices In Clearwater, Florida ("Customer").
SECTION i. Tann
1.01 this Agreement shall become effectIve as of the cOmmencement date set forth In
exhibit A {the .Commencement Datei, and shall remain In effect for a period of three
(3) years from such date, unless sooner terminated by Customer by giving PBMS thirty
(30) days written notice. Thereafter. unless notice of termination Is given by either
, party to the other party at least sixty (60) days prior to the end of the Initial three (3)
year term~ the term of this Agreement shall continue on a year-to-year basis until
terminated by either party by giving notice to the other party at least sIxty (60) days
prior to the end of any subsequent one (1) year renewal term.
1.02 If the contract extends beyond the current fiscal year, which ends on September 30. the
contract shall be contingent upon the availability of funds appropriated for such
purposes In the CUts annual budget for the next succeeding fiscal year.
SECTION 2. Agreement to Provide Services
'2.01 PBMS will provide to Customer the management services detailed in Exhibit 8. as may
be amended from time to time (the "Services" In accordance with the tenns and
conditions set forth herein. Prices for the provision of Services by PBMS are set forth in
Exhibit C (the "Prlcesj.
SECTION 3. Services to be Provided
3.01 If this Agreement applies to more than one Service. the particular Service to be
performed, and the expected volumes associated with those Services are as set forth In
Exhibit B
3.02 Any material change to the Services, Including reductIon or Increase in volumes, and
any associated change In the Prices, must be agreed to In writing by both parties.
Sho~ld any such material change occur, Customer and PBMS will enter Into pricing
negotiations prior to Implementing a rate change.
3.03 PBMS will furnish the supplies listed In Exhibit B necessary to perfonn the Services
hereunder.
3.04 Services shall commence on the Commencement Date or on such later date as the
parties may agree upon.
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3.05 PBMS will provide ttie Services during the hours specified In exhibit A.
3.06 For a period to be mutually agreed upon by Customer and PBMS prior to the
Commencement Date, PBMS and Customer will coordinate all steps necessary for an
orderly transition of the Services to PBMS.
SECTION 4. Standards of Performance
4.01 All Services shall be performed In a manner consistent with standards of performance
set forth In exhibit B (the "Standards of Performancej and In a manner that Is skillful
and workmanlike.
4.02 In the event that PBMS does not perform any component of the Services, In a manner
that Is substantially consistent with the Standards of Performance and such Services
'are not perfonned to Customer's reasonable satisfaction, Customer shall notify P8MS.
Upon such notification, PBMS shall promptly take steps to correct or redo the work~
4.03 In the,event PBMS consIstently falls to substantially perform significant components of
the Services to Customer's satisfaction and such Services are not performed, In a
manner reasonably consistent with the Standards of Performance, Customer shall
notify PBMS In writing. specifying in reasonable detan the manner in which Customer
believes the Services to be deficient. Within five (5) business days of such
notification, PBMS shall either correct the deficiencies or submit a comprehensive
corrective action plan to Customer for approval, which approval shall not be
unreasonably withheld, conditioned or delayed. PBMS' failure to correct the
deficiencies or comply with such corrective scUon plan within the timer specified In the
plan shall constitute non-performance by PBMS. Customer shall then have the option
of tennfnaUng this Agreement, as set forth In SectIon 15.02.
SECTION 5. Personnel
5.01 PBMS will provide personnel required to perfoon the Services. PBMS shall be solely
responsible for the supervision, dally direction and control of Its employees. In addition,
PBMS shall be responsible for payment of all compensation, benefits and employer
taxes relating to such persons (Including workers' compensation and dlsabllJty).
Furthennore, PBMS employees shall not be eligible for Customer's'employee benefits.
5.02 Customer wlU grant PBMS personnel access to its common areas, IncludIng parlcJng.
PBMS personnel will observe Customer's nonnal rules and regulations in effed (rom
time to time and at all times will conduct themselves In a professIonal and appropriate
manner.
SECTION 6. Contract AdminIstration and Management Reporting
6.01 Customer shall designate a "Contract Administrator' for this Agreement who will serve
as the liaison between PBMS and Customer and shall be the authorized agent of the
Customer. PBMS will direct all questions regarding this Agreement to the Contract
AdmInistrator and shall be fully protected In relyIng upon Instructions from the Contract
Administrator.
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6.02 PBMS shall designate a IISlte Manager" for this Agreement. The Site Manager will be
In charge of the day.to-day delivery of Services hereunder and will be the point of
contact for arr operational Issues t~at arise.
6.03 PBMS will provide activity reports to Customer within established time frames and In a
format mutually agreed upon by both parties.
6.04 PBMS shall maintain accurate records of all amounts billable to. and payments made by I
Customer under this Agreement In accordance with generally accepted accounting
princlpfes. PBMS shall preserve aU records for a period of two (2) years after the
terminatlon of this Agreement. customer shall have access to such records. upon prior
written request to PBMS. at all reasonable times dUring PBMS' normal business hours
during the period In which PBMS Is required to maintain such records. for the purpose
of verifyCng the accuracy of Customer bllllngs or for any other reasonable purpose.
6.05 The respective party will endeavor to give prior notice to the other party of any change In
the Contract Administrator or Site Manager.
SECTION 7. Facilities
7.01 As soon as practicable following execution of this Agreement; Customer shall furnish
PBMS; for each of the facilities at which the Services are to be performed hereunder: (I)
its rules and regulations; {IQ floor plan; {IIQ office directory; and (Iv) such other
fnformaUon as Is necessary or as PBMS may reasonably request (or PSMS to perfoon
the Services hereunder.
SECTION 8. PrIces and Payment Terms
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8.01 Prices for Services to be provided hereunder are set forth In Exhibit C and shall be billed
for as of the Commencement Date.
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8.02 The Prices shall be subject to an annual Increase as stated in Exhibit C.
8.03 'All Prices and other charges provided (or in this Agreement are exclusive of aU federa',
state. municipal or other governmental excise. sales. use or similar taxes. which taxes
will be billed to Customer if required to be collected and remitted by PBMS. All other
taxes. Including, but not limited to. personal property taxes, state and local privilege and
excise taxes based on gross revenue, and taxes based on or measured by PBMS' net
income. shall be paid by PBMS. unless the parties otherwise agree.
8.04 The monthly charges for mall serv'ces to be provided will be bJJJed allha end of each
month In which such charges were incurred. Payment by Customer shall be subject to
F.S. 218.70 Florida Prompt Payment Act.
8.05 Customer shalf drrecUy pay P6MS $40.00 per month for postage meter rentar.
SECTION 9. Insurance
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9.01 PBMS shall at all times during the tenn of this Agreement maintain the Indicated levels
. of the following types of Insurance. with carriers that maintain a Best rating of A or
better.
A.
8.
C.
D.
E.
General Liability
Worker's Compensation
Employer's Uablllty ,
Automobile Uabillty
Employee Crime Liability
$4.000.000
Statutory
$2,000.000
$2,000.000
$5,000.000
9.02 PBMS shall furnIsh to Cu~omer a standard form Certfncate o( Insurance naming
Customer as an addltlonallnsured under PBMS' general II a bllity coverage with respect
to provision of PBMS' Services at Customer's Center(s). Such Certlflcate of Insurance
shall also provide that the Insurer shall give Customer notice thirty (30) days prior to
cancellation of any polley referenced In the certificate.
SECTION 10. Indemnification "
t
10.01 Each party agrees to Indemnify and hold hannless the other. Its respective directors.
officers and employees. from allloss8s. claims of losses. damages and expenses
(includIng without IImitatfon court costs and reasonable atlomeys' fees) asserted against
the Indemnified party by third parties and directly and proximately caused by the
. negligent acts or omissions or misconduct of the IndemnifyIng party. Its officers. agents.
employees or authorized representatives.
10.02 The party claiming Indemnification under this Section 10 (the -indemnified partyj shall
promptly notify the other party of such claim. The IndemnifyIng party shall have the
I1ght to control the defense of the claim Including the right, with the consent of the
Indemnified party (Which consent shall not be unreasonably withheld. conditioned or
delayed), to compromise or settle such claIm. The Indemnified party shall particIpate In
such defense If requested to do so by the Indemnifying party and shall be reImbursed
(or Its reasonal:iTa-dlrect out.of.pocket expenses Incurred as a resuJr of such
participation.
10.03 Customer shall be responsible for ensuring that It has appropriate rights to all materials
that It dIrects PBMS to copy. use or dIstribute and shaJllndemnlfy and hold hannless
PBMS. Its officers. agents and employees from and against any and all suits. actions,
legal proceedings. claIms. demands. or costs arisIng from such copying. use or
dJstrlbuUon at the request or Jnstructions of Customer.
.
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10.04 PBMS' maximum liability under this Section 10 Is limited to those amounts set forth In
Section 12. '.
10.05 Customer's maximum liability under this Section 10 Is limited to those amounts set forth
L In Section 12.
SECTION 11. Confidentiality and Protection of Intellectual Property
11.01 PBMS acknowledges that In providing the ServIces hereunder It may have access to
confidential or proprietary InfonnatJon of Customer. Its affiliates or of Its customers or
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clients. PBMS' agrees to use such Information that Is Identlned In writing by Customer
as being conndentlal or proplietary only to fulfill Its obligations under this Agreement
and agrees to hold such Information In conndence.
11.02 PBMS shall Inform Its employees, ~gents and Independent contractors who require
access to Information of Customer, Its affiliates, or of Its customers or clients In order
for PBMS to perform the Services hereunder of the confidentiality Obligations set forth
above, and PBMS shall cause them to abide by such obllgaUons. '
11.03 Customer agrees that all confidential or proprietary Information used or created by
PBMS to prOVide Services shall be and remain the property of PBMS. including
software, accounting systems Qncludlng. but not limited to, the COMET System). fonns.
report forms and like material. Customer further agrees that It shall not use such
information for any purpose not directly related to the provision of Services by PBMS.
Customer also agrees that, upon termination of thIs Agreement, such proprietary
Information shall be returned by Customer to P8MS.
11.04 Not withstanding the provisions of Section 11.03, ihe records and reports generated by
PBMS and delivered to Customer shaff not be consIdered proprietary Information and
may be retained by Customer.
SECTION 12. Limits on Liability
12.01 PBMS' liability hereunder for any claim of whatever nature shall be limited to a
maximum of the Insurance amounts stated In SecUo9 9 " such claim Is covered by
Insurance, or to a maximum of $200,000 if such claim is not covered by insurance;
. except that PBMS shall not be liable for more than One Hundred Dollars ''($1"00) per
document. envelope or package In the event of physical loss, damage, or delay in
delivery.
12.02 In no event shall either party to thIs Agreement be liable to the other for spec1al.
consequential or indirect damages. inCluding without limitation loss of anticipated
profits. business opportunity or goodwill.
12.03 Customer's maximum liability for any claim of whatever nature or any obligation
hereunderfo lmdemnlfy PBMS shall be Umlted to those amounts set forth In Section
768.28, Florida Statutes of $100,000 for anyone person and $200.000 for anyone
Incident or occurrence.
SECTION 13. Termination
13.01 PBMS shall have the right to terminate this Agreement Immediately, at any time. If
Customer falls to make timely payment of any amount due hereunder. and such default
continues for a period of twenty (20) days after written noUce of such default to
Customer.
13.02 In the event of substantial non-performance. as described In Section 4.03. Customer
. shall have the right to tennlnate this Agreement with respect to the Center at which
such non-performance has occurred upon 60 day prior written noUce. Such tenninaUon
shan be Customer's sole remedy for non-perfonnance.
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13.0310 addition to all other rights or remedies provIded for In this Agreement or by faw, this
Agreement shall automatically tennlnate In the event that: (Il) a party hereto shall make
a general assignment for the benefit of creditors, (b) a party hereto admits in writing Its
Inability 10 pay debts as they mature, (c) a trustee, custodian or receiver Is appointed by
any court with respect to a party h!3reto or any substantial part of such party's assets, or
(d) an action Is taken by or against a party under any bankruptcy or Insolvency laws or
laws relating to the relief of debtors. Including federal Bankruptcy A~ and such action
is not d~smlssed within thirty (30) days. ' . .
13.04 Termination of this Agreement shall not relieve either party of the obligation to pay any
amounts due. or to give any credit dUB. for Services rondered prior to the effective date
of tannlnaUon.
SECTION 14. Force Majeure
14.01 Neither PBMS nor Customer shall be held responsible or Incur any liability for any delay
or failure In perfonnance of any part of this Agreement to the extent that such delay or
failure resulrs from causes beyond Us control, Including but not Ilmited to firs. flood,
explosion. war, labor dispute. embargo. government requirement. clvll or military
authority, natural disasters, or other similar types of situations. If such situation occurs.
the party delayed or unable to perfonn shall give prompt noUce to the other party and
shall use Its commercially reasonable best efforts to resume Services. to the extent
possible. as soon as practicable after the cessation of the situation. If Services cannot
be resumed within a period of sixty (60) days after a force majeure situation ceases,
this Agreement shall automatically tennlnate at the end of such sixty 60 days. provided,
however, that In the event of a labor dispute the party whose employees are not
Involved In the labor dispute may tennlnate this Agreement' by glvlngl1ve (5) days
written notice If such dispute has not ceased after fifteen (15) days.
SECTION 15. exhibits
. 15.01 Any Exhibits attached hereto are specifically made a part of this Agreement.
15.02 Any exhibit may be amended or augmented only by the mutual written consent of the
partJes. Any such amended exhibit shall be signed by both parties hereto and attached
hereto and shall be considered a part of this Agreement.
SECTION 16. Notices
16.01 All statements, notices and other communications to be given hereunder (other than
requests from Customer for Services) shall be In writing and. unless othe,rwise
provided. shall be deemed to have been duly given when delivered (I) In person. (iQ
three (3) days after deposited In the U.S. Mall, postage prepaid, properly addressed,
registered or certlfled mall, return receipt requested, to the address as set forth below,
or to such other address or addresses as may be designated In writing by notice given
to the other party pursuant to this paragraph or 011) by facsimile.
For Production Mall. Folding and Inserting Services (only):
Thomas Carfdr. General Manager '
Pitney Bowes Management Services. Inc.
101 N Tryon Street, NC1-001-03-07
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Charlotte. NO 28246-0001
. .
If to Customer.
City of Clearwater
Utility Customer Service
P.O. Box 4748
Clearwater. Fl 34618
With a Copy to:
City of Clearwater
City Attorney's Office
P.O. Box 4748
Clearwater. FL 34618
SECTION 17. Governing law
17.01 The vandlty; InterpretaUon and perlonnance of thIs Agreement shall be governed and
cOnstrued In accordance with the Laws of the State of Florida. Regarding any litigation
arising out of this Agreement, the prevailing party shall be entitled to attorneys fees and
costs.
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SECTION 18. Authority and Compliance with Laws
18.01 PBMS and Customer each represent and warrant that during the term 0' this Agreement
tha follOwing shall remain true statements as they apply to each party: That PBMS Is a
corporation. and the City of Clearwater is a government munlclpallty duly organized.
existing and In good standIng under the Jaws of the state set forth on page one hereof.
It Is duly qualified to do business In the state of Its incorporation and every other
Jurisdiction where such qualifications may be necessary, including each state In which a
Center will be located, and has all the necessary power and authority to make. execute,
detlver and perform this Agreement.
18.02 P8MS warrants that it does not and will not discriminate against any personnel because
of age. race, gender. sexual orientation, religion, creed. color, naUonal orlgln, marital
status, veteran status or disability.
,18.03 PBMS shall comply with the provisions of all applicable federal, state, county and local
laws. ordinances, statutes, rules, regulations, and license and pannlt requirements
applicable to it with respect to the SelVlces provided under this Agreement Including,
but not limited to, labor and employment Jaw. ImmlgraUon law, health and safety law,
and environmental law. ' .
18.04 Customer shall comply with the provisions of all applicable federaJ, state, county and
local laws. ordinances. statutes, rules. regulations, and Ilcense and pennit requirements
applicable to It with respect to the SelVlces provided u~er this Agreement Including,
.,
but not Ilmlted to, labor and employment law, ImmlgraUOn law. health and safety law,
and environmental iaw. PBMS shall not be obligated to perfonn the services In
conditions It deems to be unsafe for its employees. ·
SECnON 19. Entire Agreement
19.01 This Agreement supersedes all prior written or verbal agreements, understandings and
discussions between the parties. This Agreement cannot be modified unless sJgned by
the party agafnst whom such modification Is sought to be enforced.
SECTION 20. Miscellaneous
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20.01 This Agreement shall be governed and construed In accordance with the laws of the
State of Florida withOut regard to Its conflicts of laws, rules. or prlncfples.
20.02 It Is understood by PBMS and Customer that the relationship between the parties
hereunder shall at all Urnes be tha~ of Independent contractors.
20.03 If any provision of this Agreement Is held to be Invalid or unenforceabJ~ such invalidity
or unenforceBbllity shall not Invalidate this Agreement as a whole. but mls Agreement
shall be construed as though It did not contain the partlcurar provision or provisIons held
, to be Invalid or unenforceable.
20.04 No waiver shall be deemed to be made by any party of any of Its rights hereunder unless
the same shall be in a writing signed by the waIving partYt and any waiver shall be a
waiver only with respect to the specific Instance Involved and shall In no way Impair the
rights or the obligations of any party In any other respect at any other time.
20.05 This agreement may not be assigned without the prior written consont of the other party,
except that either party may assign this agreement to a parentt subsidlaryt affiliate. or
successor to substantially all of the assets of either party. Any purported assignment
without consent shan be deemed null and void and having no effect.
IN WITNESS WHEREOFt the parties hereto have executed thIs Agreement as of the date first
,above written.
PJTNEY BOWES MANAGEMENT SERVICES, INC.
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Name:
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Title:
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CITY OF CLEARWATER. FLORIDA Counters
By:. :~~~ s.R,c.e.. By: RllaGarvey
::rw-k.eJrn City Manager ~ May.Commlssloner
Attest:
Approved as to (ann: ,
'By: ~
John Carassas
Assistant City Attorney
By:
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MANAGEMENT SERVICES AGREEMENT
ExhIbit A
Commence Date, Service and Hours
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A. ,This agreement will commence on 6/16/97.
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'B.. ,,' PBMS will assume reSponsibility for mail and insertion services of the City of
Clearwater Utility Department set forth in Exhibit A hereto located at the following
customer address:
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City of Clearwater
'. Municipal Services Building
, 100 S. Myrtle Ave.
Clearwater F1 34618
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An work will be pteformed at the PBMS facility located at:
4710 Eisenhower Blvd. stc. A6
Tampa fl 33634 '
D. , The hours of operation wilJ be 8:00 a.m. to 6:00 P.M., Monday through Friday.
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MANAGE:MENT SERVICES AGREEMENT
Exhibit B
Sample Scope of Work and MelJ$Ure5
1. PBrdS will be responsible for the pick up of the utility bills and notices on all requested
days and completed back into the postal stream on the same day. To accomplish this the
customer must affix a postal bar code on all the mail to be presorted and bave the mail ready for
pickup by 11.00 am..
2. PBMS will fold, insert and seal the utility bills and notices.
3. To distinguish between Utility bills and Penalty notices the customer must separate the mail
in containers for pick-up and transport. PBMS will run the bills and notices separately.
4. Up to 4 additional inserts can be handled on both the inserting systems. One completed
envelope will be weighed before processing to detennine correct postage.
.!t City of Clearwater can request additional inserts by scheduling with at least 48 business hours
notice to PBMS.
6. Completed bills will be presorted along with other customers mail to maximize pos~
discounts and Ule Post Office will be provided a computer manifest.
7. PBMS will presort the bms and notices with additional inserts to specific geographic zip code
areas. Bills or notices must be nul in zip code order with a postal bar cOde affixed by the. City
of Clearwater for PBMS to perform this task.
8. Completed bills will be ron with other customers inail to maximize postal discounts and then
put into the postal stream that same day.
9. PBMS will store one months supply of envelopes (60,000) for the duration of this contract.
10. PBMS' utilizes the Standards and Best Practices to insure that misfeeds do not happen and
bills do not beCome damaged or misplaced.
11. In the occurrence of a mis{ee<f which destroys a utility bill or notice PBMS will correct the
situation by utilizing a courier service or faxing the damaged bill back to the appropriate
department for reprinting and then l'BMS will courier it back for same day mailing.
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MANAGEMENT SERVICES AGREEMENT
ExbIblt C
Prices
Production Malll will be billed as follows
1. One page Utility bill and one return envelope,folded and inserted :$0.0315.
2~ One page Utility bill and no return envelope, folded and inserted :$0.025.
, 3. Additional inserts: Each additional insert cost is $0.0075.
4. EncOding: per pi~ fee with no minimum quantity is $ 0.04.
5. A two page bill with one return envelope. folded and inserted: $0.04.
, 6. All pricing is subject to a 5% annual escalation clause.
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Clearwater City Commission
Agenda Cover Memorandum
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Item #: ,'" ,". ..'" '.' ': '
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SUBJECT:
SCHOOL RESOURCE OFFICER CONTRACT RENEWAL
RECOMMENDA liON/MOTION:
Approve an agreement between the City of Clearwater and the School Board of Pinellas County, Florida
providing for continuation of the School Resource Officer program, for the 1997/98 school year, at
Clearwater High School and Countryside High Sc;:hool,
00 and that the appropriate officials be authorized to execute same.
BACKGROUND:
. Under the terms of the proposed three year agreement between the School Board of Pinellas County and
the City of Clearwater, the City will provide law enforcement and related services to Clearwater and
Countryside High Schools during the regular school year. The assigned officers will provide instruction in
law education, serve as resource persons, conduct investigations, provide security and maintain the peace,
make arrests and provide support services as necessary.
. The School Board will reimburse the City, for the 1997/98 contractual terms, the sum of $31,377.95 base
salary, per school resource officer, or a total of $62,755.90. This is a 2.5% increase in the rate reimbursed
to the City for the 1996/97 school year.. Payments are to be made quarterly installment5.
, . Additionally, overtime costs related to school functions will be reimbursed to the City by the School Board.
The actual costs to the City for providing the School Resource Officers at Clearwater and Countryside High
Schools is a total of $81,547.24. The difference between the actual costs and amount reimbursed is offset
by the benefit of the program to the community and the Police Department.
. The Police Department has maintained a good working relationship with the School Board. School
Resource Officers have been assigned to Clearwater High School since January 1, 1985 and to Countryside
High School since January 1, 1986.
AGREEl-IENT AVAILABLE IN CITY CLERK DEPARTMENT _ G\.~~c.h e.d
$ .00
Total
$18,791.34
Current Fiscal Ve.1f
Commission Action:
o Approved
o Approved w/Conditions
o Denied
o Continued to:
Reviewed by:
Legal
Budget
Purchasing
Risk Mgmt.
15
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Other
Originating Department:
() .~L1CE
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User Department:
POLlCE
Costs:
N/A
Advertised:
Date:
0\ Paper:
lEI Not Required
Affected Parties:
o Notified
IX) Not Required
Funding Source:
o Dpil~llmprovemenlt
IS Operallns:
o Other.
Attachments!
Submitted by:
Appropriation Code
o 1().()113o..S 1 010o.S21.{)00
o None
City Molflager
o Printed on recycled ~per
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SCHOOL RESOURCE OFFICER AGREEMENT
'THIS AGREEMENT. made and entered into this day of . 1997,
by and between the SCHOOL BOARD OF PINELLAS COUNTY. FLORIDA (referred to
herein as the "BOARD"), and THE CITY OF CLEARWATER. (the City of Clearwater Police
Department) referred to herein as ("C.P.D:). is for the establishment of a School Resource
Officer (referred to as "SRO") Program in the public school system of Pinellas County.
WIT N E SSE T H:
That the BOARD and the C.P.D. intend to provide law enforcement and related services
to the public schools of Pinellas County as hereafter described, and
That the BOARD and C.P.D. wHl mutually benefit from the SRO Program.
NOW, THEREFORE, the terms of this Agreement are as follows:
ARTICLE I. The obligation of C.P.D. and the SRO's are as follows:
A. Provision of School Resource Officers. The C.P.D. shall assign one regularly
employed officer to each of the following schools:
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1. Clearwater Senior High School
2. Countryside Senior High School
B. Selection of School Resource Officers. The Chief of C.P.D. or his designee and the
Principal of the school to which the SRO will be assigned shall select the SRO on the basis
of the following evaluation criteria.
1. The SRO must have the ability to deal effectively with students. The ages.
socioeconomic, and cultural composition of the students of the particular school should be
considered in making this evaluation.
2. The SRO must have the ability to present a positive image and symbol of the
entire police agency. A goal of the SRO Program is to foster a positive image of police
officers among young people. Therefore, the personality, grooming, and communication
skills of the SRO should be of such nature so that a positive image of the police agency is
'reflected. The SRO should sincerely want to work with the staff and students at the
particular school to which he or she is assigned.
3. The SRO must have the ability to provide good quality educational services in the
area of law enforcement. The education1 background, experience. interest level and
communication skills of the SRO must be of high caliber so that the SRO can effectively
and accurately provide resource teaching services. The SRO will spend as much time as
practicable in classroom instruction.
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4. The SRO must have the desire and ability to work cooperatively with the Principal
and his administrative staff.
5. The SRO must be a state certified Law Enforcement Officer.
C. Regular duty hours of the School Resource Officers. The SRO will be assigned to
hislher school on a full.time basis of eight (8) hours on those days and during those hours
that school is in session. The SRO may be temporarily reassigned only during the period
of a Law Enforcement emergency as such may be determined to exist, by the Chief of the
Clearwater Police Department.
D. Duties of School Resource Officers. While on duty, the SRO shall perform the
following duties:
1. Speak to classes on the law, including search and seizure, criminal law, motor
vehicle law, and other topics when assigned to speak by the Principal.
2. Act as a resource person in the area of law enforcement education at the request
of the Principal.
3. Conduct criminal investigations of violations of law on School Board property
which is initiated by the SRO or reported by school personnel per inter agency agreement.
4. Provide school-based security and maintain the peace on School Board property.
5. Make arrests and referrals of criminal law violators.
6. Appear at State Attorney investigations, depositions. trials and sentencing.
7. Provide transport to Juvenile Detention Center and County Jail.
8. Coordinate Emergency Medical Service (EMS) at the request of the Principal, or
hislher designee.
9. Coordinate transportation of witnesses to and from court.
10. Provide counseling to students on request of the Principal, or hislher designee.
11. Secure. handle and preserve evidence.
12. Recover BOARD property through working with other police agencies.
13. Make referral to social agencies.
14.' Relay messages in emergency situations (such as. tornadoes. hurricanes. etc.).
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15. Provide special truancy investigations and prepare for prosecution.
16. Coordinate investigation of bus stop incidents.
17. Provide assistance in civil (custody) matters (i.e., counseling).
1 B. Wear official police uniform which shall be provided at the expense of the Law
Enforcement Agency; however, civilian attire may be worn on such occasions as may be
mutually agreed upon by the Principal and the SRO.
19. Perform such other duties as mutually agreed upon by the Principal and the SRO,
so long as the performance of such duties are legitimately and reasonably related to the
SRO Program sa described in this Agreement, and so long as such duties are consistent
with State and Federal law and the policies and procedures of the C.P.D.
20. Follow and conform to all School Board policies, F.S.S.230.2318, and procedures
that do not conflict with the policies or procedures of the C.P.D. The parties to this
Agreement shall abide by all rules, regulations and procedures as outlined in the Civil
Rights Act.
21. Maintain a "Quarterly Activities Report" or such other report regarding hislher
activities, as may be required by the BOARD.
E. Support Services to be provided by C.P.D. The C.P.D. or the SRO will provide the
following support services:
1. Mai~tain and deliver evidence to laboratories and court.
2. Maintain and fire Uniform Crime Reporting (UCR) records according to law.
3. Maintain a dispatch log, with respect to calls for assistance. The dispatch log shall
reflect the time a call ;s received, the time a call is dispatched, the officer's arrival time, the
time the assignment is completed, and the geographical location of the incident.
4. Process all police reports.
5. Provide copies of all offense reports taken by the School Resource Officer to the
Campus Police, upon request, as the law allows.
6. Maintain a file on property reported lost and/or stolen.
7. Provide each SRO with a patrol automobile and all other necessary or appropriate
police equipment. The cost of purchasing, maintaining, and repairing police equipment
provided under this Agreement shall be borne by the C.P.D.
8. Receive and dispatch complaints via telephone, walk-in and radios.
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9. Maintain copies of reports generated by officers in compliance with State and
Federal laws.
10. Maintain fingerprints and photographs of arrestees in compliance with State and
Federal laws.
11. Develop, implement, and evaluate security programs in the school assigned.
12. Coordinate with school administrators, staff, law enforcement agencies, and
courts to promote order on the school campuses.
13. Coordinate, at the direction of the Principal, the scheduling of the C.P.D.
personnel extracurricular activities. including such after-school security activities. for which
reimbursement is due, pursuant to Article III below. The school shall be blUed for the
services provided within one week from the date of service.
14. Make presentations to civic groups.
15. Provide and coordinate necessary inservice training for personnel.
16. Maintain Criminal Justice Standards. as required by law.
17. Coordinate with Department of Highway Safety and Motor Vehicles, as required
by law.
18. Coordinate and participate with the School Safety Committee.
19. Coordinate with. and participate in, neighborhood Crime Watch.
20. Provide a Victim Assistance Program.
21. Provide for emergency response after regular school hours.
22. Upon request by the Principal. the C.P.D. will assign police officers to school
functions occurring after school at the regularly scheduled rate for services, providing such
officers are available. The number of law enforcement officers will be determined by the
SRO and his supervisor. based upon the -Level of Risk Guidelines. - If the Principal
believes that the number of officers is excessive, or inappropriate; he may request a review
of the decision by the Chief of the C.P.D.
Any activity requiring the services of the SRO occurring off campus. shall be
contingent on the approval of the Chief of Police.
ARTICLE II. The SRO shall be an employee of the C.P.D. and not an employee of
the BOARD. The C,P.D, shall be responsible for the hiring, training, discipline. and
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dismissal of its personnel. The school Principal shall have input in the SRO evaluation
process.
ARTICLE Ill. In consideration of the services provided herein, the Board shall pay to
the City of Clearwater the sum of $31,377.95 (THIRTY ONE THOUSAND THREE
HUNDRED SEVENTY-SEVEN DOLLARS AND NINETY-FIVE CENTS), per school SRO,
for the 1997-98 contractual term. Payments shall be made in quarterly installments, when
the quarterly reports are submitted to the Chief of the Campus Police. No other
consideration will be required during lhe term of this Agreement for the in-school services
called for herein. The BOARD shall, however, reimburse the C.P.D. for all security services
performed at school functions occurring after regular school hours. The rate of
reimbursement for such after-school activities shall be in accordance with the C.P.D. salary
policy and procedures.
ARTICLE IV. The parties, their agents and employees will cooperate in good faith in
fulfilling the terms of this Agreement. Unforeseen difficulties or questions will be resolved
by negotiation between the Superintendent of the BOARD and the Chief, or their
designees.
ARTICLE V. Changes in the terms of this Agreement may be accomplished only by
formal amendment in writing approved by the C.P.D. and the BOARD.
ARTICLE VI. To dismiss an SRO from hislher position at his/her assigned school, the
following procedures must be followed: The Principal will recommend to the
Superintendent that the SRO be removed from the program at his school, stating the
reasons for the recommendation in writing. Within a reasonable period of time after
receiving the recommendation to remove an SRO, the Superintendent, or designee, will
meet with the Chief. or designee, to mediate or resolve any problem that may exist between
the SRO and the staff at hislher assigned school. With the agreement of the
Superintendent and the Chief, or their designees, the SRO, or specified members of the
staff from the school, may be required to be present at the mediation meeting. If, within a
reasonable amount of time after commencement of mediation, the problem cannot be
resolved or mediated, in the opinion of both the Superintendent and Chief, or their
designees, then the SRO will be removed from the program at that school and a
replacement will be selected, as provided elsewhere in this Agreement.
ARTICLE VII. The term of this Agreement shall be for 3 years with annual sequences of
10 months plus the 20-day summer school sessions on an as needed basis, beginning
August 20.1997 through July 31,2000. The BOARD shall receive the SRO services
described in Article I for the full term of the Agreement. If it is necessary for the assigned
SRO to be absent from school for less than a full day, the SRO will notify the Principal and
provide instructions on how emergency police service may be obtained in his absence. If it
is necessary for the assigned SRO to be absent from school for a full day or more, then the
C.P.D. shall supply a substitute SRO. and the BOARD shall reimburse the C.P.D. for the
actual costs. For any day there is no officer at school for a full day. a credit shall be given
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ARTICLE VIII, The BOARD shall provide the SRO, in each school to which an SRO Is
assigned, the following materials and facilities necessary to the performance of duties by
the SRO, enumerated herein:
1, Access to a private office which is air conditioned and properly lighted, with a
telephone, to be used for general business purposes.
2. A location for files and records which can be properly locked and secured.
~. A desk with drawers, a chair, work table. filing cabinet, and office supplies
(Le., paper, pencil, pens, etc.).
4. Access to a typewriter and/or secretarial assistance.
ARTICLE IX. This Agreement may be terminated by either party upon seven (7) days
written notice that the other party failed substantially to perform in accordance with the
terms and conditions of this Agreement through no fault of the party initiating termination.
This Agreement may be terminated without cause by either party upon thirty (30) days
written notice. Termination of this Agreement may only be accomplished as provided
herein. In the event this Agreement is terminated. and the BOARD has paid for the SRO in
advance, the BOARD shall be entitled to a prorated refund of any advanced payments for
which the SRO services have not yet been provided.
ARTICLE X. Subjed to the limitations contained in F .S.S.111.07, the C.P .0. shall
defend any lawsuit filed against the C.P.D. or the SRO which arises out of services
performed under this Agreement. C.P.D. procedures shall be followed in handling such
suits. The C.P.D. shall pay any judgment rendered against it according to law. Nothing
contained herein shall be construed to waive the provisions of F.S.S. 768.28 as the same
applies to both the C.P.D. and BOARD.
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WITNESSES:
THE SCHOOL BOARD OF PINELLAS COUNTY. FLORIDA
By:
Chairman
,
Attest
Ex-Officio Secretary
Countersigned:
CITY OF CLEARWATER
Rita Garvey J Mayor-Commissioner
Michael Roberto, City Manager
Attest:
Cynthia E. Goudeau, City Clerk
; , Approved as to fonn and correctness:
Police L al Advisor
Robert J. Surette
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Clemwater City Commission
Agenda Cover Memorandum
Item#.:
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Meeting Date:
SUBJECT: Donation of Clearwater Housing Authority's 1997 PILOT Funds to Offset Impact and Permit
Fees for the Clearwater Homeless Intervention Project
. RECOMMENDATION/MOTION:
· Approve the donation of $23,737.44 in 1997 PILOT Funds, paid to the City of Clearwater by the
, Clearwater Housing Authority (CHA), to the Clearwater Homeless Intervention Project, Inc. (CHIP) to
offset impact and permit fees,
1!1 and that the appropriate offICials be authorized to execute sarno,
. BACKGROUND:
. Last year, Howard Groth, Chairperson of the CHA, presented a check in the amount of $22,000 to
the City of Clearwater for payment in lieu of taxes (PILOT). At the request of CHA, the funds were
donated by the City of Clearwater to CHIP to offset construction costs associated with the homeless
shelter.
. This year CHA paid $23,737.44 in PILOT funds to the City of Clearwater. CHA requests that these
funds be donated by the City to offset costs associated with payment of impact and permit fees for
CHIP.
. CHA is one of the founding members of CHIP and has been instrumental to the project from the very
beginning. CHA's partnership with the City of Clearwater on CHIP has been, and continues to be,
extremely essential to the success of the project.
. Impact and permit fees for the construction of the CHIP shelter are estimated to total $23,615.66.
The application' of the $23,737.44 in CHA PILOT funds toward the payment of CHIP's impact and
permit fees would allow the City to utilize this money in a manner that would benefit both CHA and
the City, as well as the homeless shelter that both agencies have worked so hard together to create.
. A fjrst quarter budget amendment will provide the appropriation of General Fund retained earnings,
representing the CHA revenues collected in the General Fund in FY 1996/97, to Special Program
project 181-99938, Homeless Shelter.
· Ultimately, 8S the permit and impact fees are paid, all of the funds except one half of
the transportation impact fees ($6.307.83) will be returned to the City. The other half
of the transportation fees will go to the County.
Reviewed by: OrIginating Department Costs: Commission Action:
Legal N1A ~JI NL.:.. $23,737.44 o Approved
Budget ')oo'\.J Total o Approved w/Conditlons
Purchasing '+ItA User Department $23.737.44 o Denied
RbJ< Mgmt. NlA ~::Ik'~ Current FIscal Year o Continued to:
IS NlA Funding Source:
ACM o <:.1pltal
N1A Improvement:
other N1A Advertised: 0 Opel1ltlng:
Date: 0 Olfler: Attachments:
,f;. Pilot Funds
PJlpt:f:
SubmltUd by: I ~D 0 Not Required Appropriation Code
Aft'ected Parties: 181-9993&
l~ 0 Notitled B None
City Man.get 0 Not Required
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Clearwater City Commission Item II:
Agenda Cover Memorandum Meeting Date:
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SUBJECT: Jack Russell Stadium Infield Renovations
RECOMMENDATION/MOTION: Award a contract to renovate the infield playing surface at Jack
Russell Stadium (bid #193-97) to Athletic Services, of Clearwater, Florida, for the sum of $92,500.00
which is the only bid received in accordance with the plans and specifications,
iii and that the lIpproprlet" offlolal. b. authorized to exeoute Garno.
SUMMARY:
· The infield playing surface at Jack Russell has not be re-graded for over 20 years. During that time a thick
hard concrete-like layer has formed approximately 8 to 10 inches below the surface. This condition causes
, poor drainage and it prevents grass roots from proper growth resulting in unhealthy grass which is difficult
to maintain at Major League standards. Also, the infield is 18 to 20 inches higher than the outfield surface
creating a potentially dangerous situation for a ballplayer running at full speed.
. Renovations will consist of replacing the infield playing surface and side lines, including turf, clay, and shell
warning track, to bring elevations in compliance with Major League specifications. Additionally, it will
remove the hardened surface material and improve the drainage in all infield areas by installing new sub-
drains.
. This is an approved FY 1997/98 Capital Improvement Project that needs to be completed prior to the
Spring Training of 1998. Work specified in this contract will take approximately six to eight weeks to
complete plus grow-in time wiJI be required.
. Eight bids were solicited with only one being received. Staff feels that this response resulted from the
specifications requiring bidders to have 5 years experience in building or renovating professional baseball
facilities.
Reviewed by:
Originating Oopartmon .
ij}~ij.Tj'p..,k~';~;R;;o'e" 0 'j';;:: :;
Coati:
Commission Actlon:
.. .' ':.02;6"00'
Totel
CU,rlnt Filea' Yaer
o Approved
o Approved w/Condltlonl
o Denl.d
o Contlnud to:
Adv.rtl"d:
Funding Source:
IllICapltal Impl'DwrMnt:
a
OJMIr.tlng:
o
Oth.r:
Attachmont.:
City Manag"
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Item #
CLEARWATER CITY COMMISSION ~ 5
Meeting Date
Agenda Cover Memorandum
{().~.g7
SUBJECT: Lease extension with Clearwater Newspapers, Inc. for MSBIPS temporary parking facilities.
RECOMMENDATIONIMOTION: Approve a Second Amendmrnt To Lease Agreement with Clearwater
Newspapers, Ine. dated March 7, 1996, extending the lease term from December 31, 1997 through January 31,
1998, renewable monthly thereafter at City option, regarding lease premises in Brocks 9 and 10, AIKEN
SUBDMSION, providing for termination by either party upon 30 days written notice, with all other terms and
conditions unchanged and in full force and effect,
(EJ and lh.1llhe appropriate officials be authorized to e.\'ecute same.
SUMMARY:
· The City leases a total of75 parking spaces from Clearwater Newspapers, Inc. comprised of 18 spaces along the south
side of Franklin Street at Myrtle Avenue, with the balance being in a vacant paved parking lot on the northwest comer
. of Franklin Street and Prospect Avenue. The monthly rental of $750.00 will remain unchanged during the extension of
the lease tenn.
· This Second Amendment To Lease Agreement will provide for continuance of the lease agreement with the Lessor on a
month.to-month basis should the (ease premises be required for any period beyond December 31, 1997. Either party
continues to have the privilege oftenninating the agreement at any time upon providing 30 days written notice to the
other party. All other tenns and conditions of the lease remain unchanged and in full force and effect.
· The City also has temporary parking facility leases with the Times Publishing Company and Dimmitt Car Leasing. The
Times lease was recently extended by a similar amendment to the lease tenn. Dimmitt has yet to return a signed
amendment to its agreement, although it is anticipated.
AMENDNENT TO LEASE AGREEl>ffiNT AVAILABLE TO CITY CLERK DEPARTHENT - V\cvJ Cl...4taekJz.J
.
-..---
RevIewed by: Originating Dept. Costs: $750.00 Commission Action
Legal -?e-. (Current FYI $750.00 Approved
Budget ~~e USOf' Dept. Funding Source: Approved
w/conditions
Purchasing N/A crrv MANAGER Capt. Imp. X
Denied
Risk Mgmt. N/A Advertl!ad: Operating
Cont'd to
IS N/A Date: Other
ACM Paper:
ENG. /'./M A .~ Not required: N/A
- 'Q1.A/.:S
v
OTHER N/A Affected parties Appropriation Code/51 Attachments:
notified
Submitted By: 315.94602.544200.519.000
City Manager Not Required N/A LOeA TOR MAP
Second Amend To Clearwater Newspapers Lease. Agn
~
LEASE AGREEMENT BETWEEN CLEARWATER
NEWSPAPERS. INC. &. CITY OF CLEARWATER
75 PAVBD PARKING SPACES QHLI
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SECOND AMENDMENT TO LEAS!; AGREEMENT
THIS SECOND AMENDMENT TO LEASE AGREEMENT entered Into this _
davof , 1997, by and between CLEARWATER NEWSPAPERS, INC. (as
-Lessor-), end the CITY OF CLEARWATER, FLORIDA (as -LesseeH), regarding that
certain Lease Agreement between the parties dated March 7. 1996, governing lease
premlses being legaUy described as:
.AIKEN SUBDIVlSlON, Block 9, lots 1 through 10, and Block 10, Lot 15 less
"the South 5 feot, and all of Lots 16 through 26, end Lot 26 less the East 5
feet, also vacated alley between Lot 20 and Lots 15 through '9 running North
.and South, as recorded in Plat Book 14, Page 45, \0 the Pub\lc Records of
:PlnelJas County, Florida,
LESS AND EXCEPT those five parkIng spaces along tho south side of Franklin
Street closest to lts intersection with South Myrtle Avenue, for use of Lessor's
employees.
WHEREAS, Lessee desires to extend the term of said lease from its current
termination date of December 31, 1997 for one (1) additional month through January
31, 1998, being renewable monthly thereafter, at Lessee option, upon payment of the
monthly rent thon due, for up to twelve (12) successlve months, with elthar party having
the option to term1nate Bald lease upon giving not less than thIrty (30) days written
hotice :of termination to the other party; and,
WHEREAS, Lessor 1s agreeable to extending the term of said tease from Its current
termination date of December 31, '997 for one (') additional month through January
31, 1998, being renewable monthly thereafter, at Lessee option, upon payment of the
monthly rent then (JUG, for up to twelve (12) successive months. with either party having
the option to terminate soid lease upon giving not less than thirty (30) days written
notice Qf termlnatlon to the other party;
NOW, THEREFORE, In consideration ot the mutual promises made therein, and the
mutual' benefits being derived by each of the parties thereto, it Is agreed that:
A) The term of said Leaso Agreement is hereby extended to January 31, , 99B, and
mede renewable monthly thereafter, at Lessee option, upon payment of the monthly rent
then due, for up to tweJv9 (12) successive months, with eIther party having the optfqn to
termlnste said 18BI8 upon gIving" not less than thirty (30) days written notice of
termInation to the other party; and,
PAGE 1 OF 2
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B) All other terms and conditions of said l.ease Agreement shall remain unchBnged and
In full force Bnd effect.
. IN WITNESS WHEREOF~ the said parties have hereunto set their hands Bnd seBls
on the dav Bnd year first above written. .
Signed, sealed and delivered
In the presence of:
~~
WITNESS
, Ra.m'IAh RAT'R.
Print name
wIT~A:Ldwff
BriAn G. Schwagerl
Print name
Countersignod:
Rita Garvey, Mayor.CommJssfoner
Appro~ed as to form and legal
8ufficiency:
John CaraSS8&~ Assistant City Attorney
CLEARWATER NEWSPAPERS, INC.
a Delawere Corporation
By: ~f~m
CITY OF CLEARWATER, FLORIDA
By:
Michael J. Roberto, City Manager
Anest:
Cynthfs E. Goudeau, City Clerk
PAGE 2 OF 2
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CLEARWATER CITY COMMISSION
Agenda Cover Memorandum
Meeting Date ~
0\0
SUBJECT: Accidental Emission Release Risk Management Plan
RECOMMENDATIONIMOTION: Approve the McKim & Crced Work Order for Accidental Emission
Release Risk Management Plan for each affected City facility in the amount of $126,500.00,
[g] and that the appropriate officials be authorized to execute same.
SUMMARY:
· The project will consist of the development of required USEP A Title 111 Accidental Emission Release Risk
Management Plans for the City's three water treatment and three wastewater treatment facilities.
II The plan will assess risks to the community from accidental releases of chlorine and sulfur dioxide from the six
facilities. The plan will be coordinated with local emergency response plans and agencies.
· Public awareness and involvement in the emergency planning stage will be included as part of the plan
preparations. Evaluations will be conducted and recommendations made regarding mitigation of potential hazards.
. The plans are to be submitted to the State of Florida, Department of Environmental Protection by July 1998.
· Any proposed modifications of handling and storage of these chemicals will be implemented through staff training.
The Work Order is available in the City Clerk Department. - V'\owC\*o..c.W c\
"' +...- ...
Rovlowed by: OriOnating Dopt. Costs: $126.500,00 Commtsslon Action
legal N/A (Current FY) Approved
Budget ~ User Dept. Funding Source: Approved
w/conditions
Purchasing Water Pollution Capt. Imp. X
" "- Public Sef\lice Denied
Risk Mgmt. N/A Advertised: Operating
IS N/A Date: X Other
ACM Paper: X
Not required: X
ENG.
OTHER Affected parties Appropriation Codets) Attachments:
notified
SubmItted BV: 315.96654.53010Q.535..Q00
City Manager Not Required X ~ 15.96740.5301 QO.533..QOO
. RIak Mgml. Plan Chlori
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CITY OF CLEARWATER
ENGINEERING DEPARTMENT
McKIM & CREED ENGINEERS WORK INJTIA liON FORM
:?~
DATE: Auaust 21. 1997
City Project No:ER- 090297
M/C Project No:
i. PROJECT TITLE: Accidental Emission Release Risk Management Plan
2. SCOPE OF WORK:
SUMMARY:
This project will consist of the development of USEPA Title 111 Accidental Emission Release
Risk Management Plan for each affected City facility. The City owns and operates three (3)
water treatment and three (3) wastewater treatment facilities that will require development of a
risk management plan.
The locations of water treatment facilities are:
Reservoir No.1:
Reservoir No.2:
Reservoir No.3
500 N. Saturn Avenue
21133 U.S. 19 North
2775 S.R. 580
The locations of wastewater treatment facilities are:
Marshall Street APe Plant:
East APe Plant:
Northeast APC Plant:
1600 Harbor Drive
3141 Gulf-to-Say Boulevard
3290 S. R. 580 AND McMullen Booth Road
The three (3) water reservoir sites each utilizes one-ton cylinders of chlorine for water
disinfection In amounts in excess of threshold quantities. Likewise, all three (3) wastewater
treatment plants utilize chlorine for disinfection in excess of threshold quantities. Additionally,
sulfur dioxide is stored and used at the Marshall Street APe Plant and East APC Plant in
amounts exceeding threshold quantities.
SCOPE OF SERVICES:
1. Determine appropriate applicability for each facility and for each chemical process in
reference to the Clean Air Act. Programs 1, 2 and 3.
2. Conduct Hazard Assessment for each location:
a. Prepare a five-year accident history
b. Define worst-case and alternative-release scenarios for each listed substance in
each process
c. Model off-site consequence of each worst>>case and alternative-release scenario in
each process
PW9701l
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CJ'IY OF CLEARWATER - Risk Management Program
August2J, J997
Page 2
cty,
3. Develop Management System (Including Accountabilities. Compliance, Auditing, and
Record Keeping) to oversee Risk Management Plan
4. Prepare Accidental Release Prevention Protocol for each Plan 2 or 3 Process
a. Assemble and evaluate process safety information
b. Conduct process hazard analysis
c. Prepare appropriate operating procedures. maintenance procedures, Incident
investigation process. mechanical integrity process and work with staff to develop
required processfprocedure changes to minimize risk.
d. Conduct work sessions with operational staff to provide training of process
personnel.
5. Prepare Emergency Response Protocol and coordinate such pran with the local
Emergency Planning Committee and local response agencies.
6. Develop Risk Management Plan for submittal and approval by the State of Florida in
accordance with the USEPA Clean Air Act.
7. Incorporate appropriate aspects of the Process Safety Management Plan for employee
safety in the plants into the Risk Management Plan.
3. PROJECT GOALS.. WORK PRODUCTS:
1. Develop a Risk Management Plan appropriate for each of the six (6) impacted facilities for
submittal to the State governfng agency.
2. Plan to reduce potential hazards of chemical handling at the six (6) sites.
3. Staff training in risk management.
4. BUDGET
The above services will be provided for a Lump Sum of $126.500.00.
6. SCHEDULE
Time from
Notice to Proceed
Complete Off.Slte Consequences Analysis:
Develop Emergency Response Plan:
Complete Risk Management Plan:
6 Months
10 Months
12 Months
PW97071
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CITY OF CLEARWATER - Risk Management Program
August 21, 1997
Page 3
,.
6L0
6. STAFF ASSIGNMENTS:
City:
Gardner Smith and Joe Reckenwald
McKim & Creed:
Street Lee, Dan Cote and ERM-South, Inc.
7. CORRESPONDENCE/REPORTING PROCEDURES:
AU McKim & Creed Correspondence shall be directed to 8tre6t Lee. All City
correspondence shall be directed to Garner Smith. Joe Reckenwald and Richard Baler .
8. INVOICING/FUNDING PROCEDURES:
Please Invoice monthly for work performed as detailed in McKim & Creed Continuing
Contract.
Charge this work to City Code No: 315-96654-530100-535-000
315-96740-530100-533-000
$63, 250
$63,250
9. ENGINEER CERTIFICATION
I hereby certify as a licensed Professional Engineer, registered in accordance with Florida
Statute 471. that the above project's site and/or construction plans meet or ey:eed all
applicable design criteria specified by City municipal ordinance, State, and Federal established
standards. I understand that it is my responsibility as the project's Professional Engineer to
perfonn a quality assurance review and these submitted plans to ensure that such plans
are free from errors and/or omissions. Further, I accept that the City's Final Inspection for a
Certificate of Occupancy does not relieve me of my own quality assurance review.
I hereby certify that all facilities have been built substantially in accordance with the approved
pennit design plans and' that any substantial deviations (described in attachment) will not
prevent the system from functioning in compliance with the requirements of appficable
regulatory authority. _ .
This certification shall apply equally to any further revision and/or submittal of plans.
computations. or other project documents which I may subsequ6nUy tender.
10. SPECIAL CONSIDERATIONS: None
fBEPARED BY:
CITY:
cKlm & Creed:
A. Street Lee, P.E.
Project Manager
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PW97071
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Clearwater City Commission
Agenda Cover Memorandum
Item #:
~7
jO"~.97
Meeting Date:
SUBJECT:
Allen's Creek Experimental Water Quality Treatment Demonstration Project Agreement for Consultant
Services
RECOMMENDA TION/MOTION:
Approve the ranking and award a contract for consultant services at a cost to the City of $65,800.00 to
Ash Engineering, Inc. of Tampa, Florida, to provide engineering and environmental design services for
the subject project,
l!I and that the appropriate officials be authorized to execute same,
SUMMARY:
. In September 1995, the City and the Southwest Florida Water Management District (SWFWMD) entered
into a Cooperative Agreement for the design and. construction of a water quality treatment demonstration
project on Pinellas County Schools property at Druid Read and Allen's Creek. The project objectives
include: 1} Provide water quality treatment for up to 50 acres of currently untreated stormwater runoff
which discharges to Allen's Creek; 2) Provide an educational opportunity for Pinellas County school
students; and 3) Provide a mechanism to evaluate various types of innovative stormwater treatment
methodologies.
. In January 1997, the City and the School Board of Pinellas County entered into a Cooperative Agreement
for construction, operation and maintenance of the project.
. In response to the City's Request for Proposals five firms submitted proposals. The consultant selection
committee, consisting of representative.s from SWFWMD, Pinellas County Schools and the City, ranked the
proposals based upon the proposed project team's experience in water quality treatment; their
understanding of the project approach, including recommendations for innovative treatment technologies;
and past experience working with schools and other government agencies.
. The firms were ranked in the following order: Ash Engineering, Inc.; Environmental Research and Design,
Inc.; Wade-Trim; DSA Group, Inc.; and Reynolds, Smith and Hills, Inc.
Reviewed by:
Legal
Budget
Purchasing
Risk Mgmt.
IS
ACM
Eng
Submitted by:
CIty Manas'.,
o Printed on recyded paper
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continued
Originating Department:
ENCf Environmen~l Manasement
User Department: J A___
Engineering 1" r
Cosls:
Commission Action:
o Approved
o ^pproved w/Conditions
o Denied
o Continued to:
$65,800.0U
Total
o
Current Fhcal Year
Advertised:
Date:
Papen
Funding Source:
lID Capltd Improvement,
o Oper~llns:
o Olher:
Attachments: f
Agreement or
Consultant Services
I2ll Not RequIred
Affected Parties:
o Notified
1XI Nol Required
Appropriallon Code
315.96103.561200.5.J9-o00
o None
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Page Two
Agenda Item Aliens Cr Demo Project Consultant
.. The project is included in the Environmental Management Group Five Year Plan which has been approved
by the Commission. This consultant selection was endorsed by the Environmental Advisory Board at the
July 16, 1997 meeting.
. The attached contract for the amount of $65,800.00 was developed through negotiation with Ash
. Engineering, Inc. The City share of this contract is $32,900.00, with reimbursement from SWFWMD upon
invoic!ng for the balance. As project r:nanager the City is responsible for managing the contract and
seeking the reimbursement of funds from SWFWMD.
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From:
u
Interoffice Correspondence Sheet
George McKibben, Purchasing Manager cD
Michael Quillen, Water Resource Enginee;]J- L
Rich Baier, City Engineer
Tom Miller, Assistant Director of Engineering/Environmental
To:
cc:
Date: May 2, 1997
RE: Allen's Creek Experimental Water Quality Treatment Demonstration Project
RFP 95-97
This memorandum is to follow-up on our phone conversation of 5/1/97 and update you as
to the status of the subject RFP. On April 29, 1997, a selection committee comprised of
representatives from Pinellas County Schools, the Southwest Florida Water Management
District and the City of Clearwater reviewed the submittals and has ranked the firms in
descending order as follows:
1. Ash Engineering, Inc.
2. Environmental Research and Design, Inc.
3. Wade-Trim
4. DSA Group, Inc.
s. Reynolds, Smith and Hills, Inc.
The selection committee determined that interviews and presentations would not be necessary
due to the comprehensive nature of the proposals received. Based on our phone
conversation, this ranking will not need City Commission approval at this time, and we will
proceed with negotiations with the top ranked firm. When a satisfactory contract is negotiated
we will then prepare and submit the Commission agenda item for approval. If you need any
additional information, please call me at x4743.
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AGREEMENT FOR CONSULTANT SERVICES '
FOR THE D~SIGN OF AN EXPERIMENTAL WATER QUALITY
TREATMENT DEMONSTRATION PROJECT
, AT CLEARWATER IDGH SCHOOL AND ALLEN'S CREEK
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OCTOBER 1997
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SECTION 1
1.1
1.2
1.3
1.4
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TABLE OF CONTENTS
PAGE
SCOPE OF PROJECT iI......., ...... ...... ... ..1. ................ ..,.........4.... ...... I..... ...... ........... 1.1 1.1...1... ....3
INmNT OF THIS AGREEMENT .............,.......................................................................3
PROJECT DESCRIPTION. 1"'1-1""'.' ................ ...., ........111......... ,....... ........... .......... ............. ...,3
LIMTS OF WORK.............. I- ...,..,... ................ II ..... .............. ......... ...".... ........,.". ............ ....."... ....3
KEY PE'RSONNEL ..... ............ '*.1.1.,". .....,.....,...,1I..... ......."................ I' ill ~......... ............. ...... .....3
SECTION 2 SERVICES TO BE PROVIDED BY CONSULTANT ..............................................4
2.1
2.2
2.3
2.4
2.5
2.6
2.7
2.8
2.9
SECTION 3
3.1
3.2
PROJECT MANAGEMENT AND COORDINA 1l0N..........................................4
IN'FO'RM.A TI ON COLLECn ON ... ...........".......... ,.......... I. .... ...... ....... .......1 II ......1........4
CONCEPruAL DESION .. ..... .'1 ..... ,.. '.1 ............... ................. .......... 1.1. ......... ......,.. ..... .... ........S
REGULATORY AND UTILITY COORDINA nON ............................................6
FINAL D ESI ON .....,..... ... ............. ...... II.... ..........., ..1 .... II ........ ....... ..... .... ................. I II.... II.......... 11.6
O&M PL.AN' AN'"D MONITORING PLAN .....11...................................,........................7
PERMI~ III .... ....... II' ....1.." ,. .1. It.........,. III..... II.' ...... ...... II.... ......, ... ... .... I".. ... ............... II'.............. .......8
PROJECT MEETINGS AND TECHNICAL LIAISON .........................................8
CONSTR U en ON SERVICES ....,... .....,............. ,.... ....... ...... ...41...... ........ .~..... ........ .... 141...9
SUBMIIT AL8...... .......~.... ..... ....... .... ...,.. ..................... ............... ...... ...... ... ..... I................ ...10
SUBMITI AL REQUIREMENTS (GENERAL) ..................................................10
SUBMIIT AL RE-QUIRE.MENTS '.41..........,..................................,............................... 1 0
SECTION 4 SERVICES TO BE PROVIDED BY TIIE CITY ...................................................11
SECTION 5 PROGRESS REPORTS oil......................................................................................"..............11
SECTION 6 COMPENSA nON TO THE CONSULT ANT......................................................... 12
SECTION 7 SCHEDULE OF P A 'YMENT"S .............,..."............................,....,...,.........,..........................12
SECTION 8 PERIOD OF SERVICE ...............................................,........................................,..,..,....,......13
SECTION 9 INSU'RAN'CE REQUI:RE.MENTS .......................................,..................................... ....,....13
SECTION 10 REQUIRED ST A TEM'ENTS ..........t........................................."'.,...,..............................1,5
SECTION 11 TE"RWNA nON ."..............................."....................................."..............,....,.....,.....t.........l 5
SECTION 12 SUSPENSION, CANCELLA nON OR ABANDONMENT .................................15
SECTION 13 EXTENT OF AGREEMENT ............".......................................................,..............,.......1 S
SCHEDULE I FEE PROPOSAl" .........,..........". ............................... .............., ...... .... .." ...... ,....... ....... .., ... ..17
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AGREEMENT FOR CONSULTANT SERVICES
FOR THE DESIGN AND CONSTRUcnON
OF AN EXPERIMENTAL WATER QUALITY THEA TMENT
DEMONSTRATION PROJECT
AT CLEARWATER mGH SCHOOL AND ALLEN1S CREEK
nus AGREEMENT, made and entered into this day of 1997, by and
between the City of Clcanvater, Florida, hereinafter referred to as the CITY, and Ash
Engineering, Inc., with offices in Tampa, Florida, hereinafter referred to as the CONSULTANT.
WITNESSETH, That
WHEREAS, the Allen's Creek watershed is contained within portions of the City of Clearwater,
the City of Largo and the unincorporated part of Pin ell as County, encompassing approximately four
thousand seven hundred (4,700) acres, and containing an approximately one-half acre site adjacent
to Clearwater High School between Gulf to Bay Boulevard and Druid Road proposed for the
construction of an experimental water quality treatment demonstration facility, with an associated
water quality testing program to be administered by the CITY in conjunction with the School Board
of Pine lias County, hereinafter referred to as the "PROJECT;lt and
WHEREAS, the CIIT and the Southwe~1 Florida Water Management District, hereinafter
referred to as the DISTRICT, have entered into an Agreement for the design and implementation of
the PROJECT; and
WHEREAS, the CITY and the School Board of Pinellas County ha\"e entered into an agreement
for the operation and maintenance of the PROJECT; and
WHEREAS, the CITY desires to engage the CONSULTANT to pro\ide professional engineering
and environmental services in accordance with this agreement; and
WHEREAS, the CONSULTANT has expressed the willingness and ability to provide such
services in accordance with the Agreement;
NOW TIlEREFORE, the CONSULTANT and the CITY, in consideration of the mutual
covenants hereinafter set forth, agree as follows:
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SECTION 1
SCOPE OF PROJECT
1.1 INTENTOFnnSAGREE~
nus project is being developed in accordance with the Cooperative Agreement between the
Southwest Florida Water Management District and the City of Clearwater for the design and
implementation of the PROJECT, the objectives of which shall include but are not limited to:
Management of surface water runoff to Allen's Creek, including attenuation of in-stream
peak flow rates.
Evaluation of alternative treatment methods for surface 'runoff, including retrofit of existing
stonnwater pollutant sources.
Provision of an educational opportwlity for PinelJas County school students and the general
public by illustrating and evaluating methods of surface water management and water
quality improvement
1.2 PROJECT DESCRIPTION
The approximately one-half acre project site is located on PinelJas County Schools property, west
of Clearwater High School. The site is immediately adjacent to Allen's Creek, approximately 800
feet south of Gulf to Bay Boulevard and 300 feet north of Druid Road.
At the intersection of Gulf to Bay Boulevard and Allen's Creek a 42 inch City storm drain
discharges into the creek from the west and a 36 inch City storm drain enters from the east. Each of
these stonn drains has a drainage area of approximately 50 acres, most of which is untreated runoff.
It is the intent of this project to intercept some or all of this drainage and divert it to the project site
where it would then be discharged to experimental treatment areas. An upstream holding pond may
be required to provide acceptable flow rates. It is anticipated that there could be from two to five
different experimental treatment areas, dependent on space limitations. Flow measurement and
sampling stations will be located where necessary to provide data on the effectiveness of the
treatment methods. Possible alternative treatment methods which could be used include, but are
not limited to: typical dry retention, various vegetative plantings, and various types of gravel
filtration. A location map and conceptual plan are attached to this agreement
Pinellas COWlty Schools intends to use this area for an outdoor classroom and to develop an
associated curriculwn on water quality. The students will provide the actual sampling effort.
1.3 LIMITS OF WORK
1.3.1 The PROJECT limits shall encompass all areas required for the improvements
described herein and shall extend, laterally and linearly, to those boundaries, in
accordance with good engineering practice, to ,render the proposed improvements
compatible with abutting property and all existing drainage systems.
t .3.2 It is necessary that proposed improvements be contained within the limits of
existing School Board owned lands, public rights-of-way, or City easements.
1.4 KEY PERSONNEL
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1.4.1 The CITY reselVes the right to approve/disapprove for whatever reason all
personnel assigned to this project by the CONSULTANT. The individual(s) who
are to be assigned to work under this rontrnct arc necessary for the successful
perfonnance of this contract. The CONSUL TANf agrees that whenever for any
reason, one or more of the aforementioned individuals are unavailable for
perfonnance under this contract, the CONSULTANT shall replace such
individual(s) with an individual(s) of substnntinlly equal abilities and qualifications,
subject to approval by the CITY, with input from the DISTRICT.
1.4.2 The CONSULTANT shall submit to the CITY a resume giving the full name, title,
qualifications, and experience, for all successors and/or new persons prio; to
assignment of such personnel to perfonn work under this contract. Should the
CITY decide the successor personnel does not meet the qualifications of the
replaced personnel, or in the case of new personnel, the CITY determines they are
not qualified to perfonn the work assigned. the CITY will advise the
CONSULTANT accordingly. The CONSULTANT shall then submit name(s)
and qualifications of an individual(s) to the CITY until a dctermination is made by
the CI1Y that the replacement individual(s) has substantially equal abilitics and
qualifications of the individual(s) named herein.
1.4.3 The CITY and the DISTRICT shall each designate a single Project Representative,
hereinafter referred to as CITY and DISTRICT, who wil! serve as a liaison on all
matters related to the development of the PROJECT. The CONSULTANT. in
recognition of the existing Cooperative Agreement, will simultaneously copy
project rorrespondence to the CITY and DISTRICT.
SECflON 2
SERVICES TO BE PROVIDED BY CONSULTANT
2.1 PROJECT MANAGEMENT AND COORDINA nON
2.1.1 Work Program Coordination - The CONSULTANT must coordinate work activities
with the CITY, DISTRICT, Pillellas County Schools, other involved State agencies
and other vendors. The procedure shall be that the CITY will be the primary and
initial rontact for all correspondence. The City will provide a list of agencies people
and vendors who shall receive correspondence or will be participating in project
activities. That list will contain contact person, agency, telephone, address and fax
number. The CONSUL T ANT will provide all correspondence to the CITY for
review and approval prior to the forwarding of information to the recipients on the
list
2.2 INFORMATION COLLECTION (project Task 1)
The objective of this task is to accurately detennine the contributing drainage area which can be
diverted to the project site. The City will provide the following information:
a. City StOl111water and Utility Atlas Sheets
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b. Information on existing drainage and stormwater management systems
within the contributing area
c. 1" = 1 00' aerial photography of the study area (March 1990)
d. Topographic survey of project area.
e. Any additional survey information required for the project
" The consultant will review all available reports. data, and other infonnation relating to the project.
Infonnation included will be existing drainage infonnation from the City, any applicable
information from the School Board, as well as other information developed during the original
basin analysis of Allen's Cree~ and all consultant calculations done to date. This data will be
summarized in the Conceptual Design Report.
2.3 CONCEPTUAL DESIGN (project Task 2)
The CONSULTANT shall furnish all design services necessary to complete a conceptual design,
which will include, but will not be limited to, the following:
2.3.1 Calculations considering the contributing basin in order to determine water quality
treatment volumes. TIlls information will be summarized in the Conceptual Design
Report.
2.3.2 Proposed alternative treatment areas and technologies. A description of each
treatment technology and an evaluation of its significance in regard to educational
opportunities will be summarized in the Conceptual Design Report.
2.3.3 Proposed method of diversion of runoff from Gulf to Bay Boulevard to the project
area. This information will be swnmarized in the Conceptual Design Report
2.3.4 The CONSULTANT will conduct a complete site assessment to determine
upland/wetland delineatio~ vegetation classifications and site hydrology. This task
includes preliminary discussions with the regulatory agencies for affirmation of
jurisdiction and pennitting requirements. The conceptual site plan will establish all
of the physical amenities and site location requirements of all the reviewing parties.
Meetings will be held as required.
2.3.5 The consultant will prepare a preliminary cost estimate of the proposed alternatives.
2.3.6 Meetings: A meeting will be held to follow up the kick-off meeting with the
CITY, School Board and SWIM to confmn the established project goals specifically
for the CITY and Clearwater High School. Minutes and results of all meetings will
be distributed.
2.3.7 A conceptual plan will be created based upon tbe above infonnation. The plan will
be submitted for review and selection on an 11 tt x 17" color plot.
2.3.8 A Conceptual Design Report will be assembled. Calculation of water quality
treatment versus the number Wld type of proposed alternative treatment areas will be
perfonned, and n method of diversion of runoff from Gulf to Bay Boulevard to the
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project area will be proposed. The conceptual plan will be submitted to the CITY,
DISTRICT and School Board for review and selection. A conceptual design report
will be generated analyzing each plan for an estimation of nutrient uptake mass
balances, expected pollution reduction and expected treatment volumes. A cost
estimate will be prepared for each technology for the review and approval by the
CITY and DISTRICT. Conceptual design will include color renderings.
2.3.9 Once the plan has been selected and authorized, the CONSULTANT will proceed
with obtaining a full color rendering.
2.4 REGULATORY AND UTILITY COORDINA nON (project Task 3)
Regulatory agencies including the Florida Department of Environmental Protection (FDEP),
Southwest Florida Water Management District (SWFWMD), United States Army Corps of
Engineers (USACOE), Florida Department of Transportation (FD01), Pinellas County Department
of Environmental Management, City of Clearwater Central Permitting and Engineering
Departments will be contacted for pennitting requirements. The CONSULTANT will conduct a
maximum of two site visits which will be coordinated to assure concurrence with the intent of the
project and permitting requirements. Utility coordination will commence upon authorization of the
conceptual plan. All utilities will be contacted to establish existing locations. A utility
coordination meeting will be held only if warranted. Individual conflicts will be addressed during
design.
2.5 FINAL DESIGN (project Task 4)
The CONSULTANT will, after written notification of the approval of the fmaI conceptual design,
prepare project plans, design report, specifications and a cost estimate.
2.5.1 Construction Plans (project Task 4.1) The CONSULTANT will be required
to produce a plan set which will allow for the construction of the approved conceptual plan.
This construction plan set will include, but not be limited to; a cover sheet with location
map, drainage map, quantity sheet, plan view sheets with profiles (if needed), cross-section
sheets, planting plan sheets, and appropriate details as necessary for construction of the
project
All topographic features and existing facilities shall be shown in order to permit
determination of project impact on adjacent properties. All trees with a size of 4" D.H.H.
and greater shaI1 be shown on the construction plans. All existing underground utilities,
drainage structures, and other facilities shall be shown on the construction plans.
Plan and cross-section sheets shall show station and offset information to structures,
structure dimensions, pipe inverts and sizes, and other pertinent information for the proposed
facilities. Plan sheets shall show erosion control locations and methods, and education
stations as directed by the appropriate party.
The CONSULTANT will provide the CITY and DISTRICT, for review and approval, one
floppy disk and one color printout of the 30%, 60%, and 90% phase plan sets. Thirty (30)
working days shall be scheduled for CITY and DISTRICT review at each stage. The
CONSULTANT will incorporate combined comments of all reviewing agencies after each
review. It will be the responsibility of the CITY to ensure compilation of a single set of
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comments to the CONSULTANT. All plans will be drawn in AutoCAD r13 on 24" x 36"
sheets with title blocks in City formal
2.5.2 Specifications (project Task 4.2) The CONSULTANT will prepare technical
specifications and special conditions as required to bid the project and for proper
construction of the project. These specifications will be prepared for attachment to the
standard contract documents prepared by the CITY, \\-ruch include standard language on
insurance, bonding, etc. The CITY will provide the consultant with the legal section of the
specifications and samples of technical specifications for CONSULTANT revision as
needed for the technical specifications and special conditions submitted by the
CONSULTANT. The CONSULTANT is responsible for the final technical specifications
which will be provided to the CITY for its final technical specifications package.
Prior to the advertising for bids for construction of the project, the CONSUL T ANf shall
sign and seal two (2) sets of prints and two (2) sets of specifications. Each sheet in the
construction plans print set shall be signed, sealed and dated. The title sheet only of the
specifications shall be sign~ sealed and dated.
2.5.3 Final Reports (project Task 4.3) The CONSULTANT will prepare the fmal
design report and submit two (2) copies each to the CITY and DISTRICT for review and
comment The report will include the information used for the calculations as well as the
calculations themselves. A maximum of thirty (30) calendar days shall be scheduled for
CITY and DISTRIcr review. Upon completion of the approved project design, the
consultant shall provide ten (10) copies of the final design reports to the CITY.
2.5.4 Engineers Estimate (project Task 4.4) As part of the fmal submittal, the
CONSULTANT will assemble a final engineering estimate for bidding purposes. The
estimate will also include one year of maintenance and operation after startup.
2.6 O&M Plan and Monitoring Plan (project Task 5)
The purpose of this task is to develop programs for operation and maintenance, and monitoring
program to provide operation and maintenance guidelines for the system. This task also includes
training and curriculum development Based upon the Agreement with the CITY and the School
Board for operation and maintenance of the site, the following items will be created:
2.6.1 Operation and Maintenance Manual: The operation and maintenance manual will
provide the Best Management Practices (BMPs) for the site and all systems in
operation. It will include the operation schedule for pumps, load and rest cycles for
treatment areas, cut sheets for all equipment on site, routine system maintenance
requirements and a maintenance schedule.
2.6.2 Monitoring Manual: The monitoring plan will provide monitoring procedures to
detennine the effectiveness of the various alternative treatment methods in
removing pollutants. This program will be used in curriculum development The
program shall be appl'Oved by the CITY, DISTRICT and Pinellas County School
Board. The monitoring manual will include, as a minimum. the layout location of
sampling points, suggested sampling frequencies, suggested parameters for analysis
and a list of sampling equipment TIle monitoring plan will include: location of
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sampling stations, suggested sampling frequencies, suggested parameters to be
sampled, list of sampling equipment required and routine sampling system
maintenance.
2.6.3 Training: The CONSULTANT will provide training for City and School Board
employees on site operations, pump operatio~ and system optimization.
2.6.4 Curriculum Development: The CONSULTANT will provide, at a minimum,
guidance to PineUas County Schools personnel regarding the contents of school
courses relating to the PROJECT, and water quality in general. The
CONSULTANT believes that a modified SWIM's teacher's manual "Stonnwater
and You", along with information taken from the City of Clearwater Surface Water
Quality Report for AlIen's Creek, and other docwnents, can be used to assemble an
effective high school curriculwn.
2.7 PElThfiTS (Project Task 6)
2.7.1 The CONSULTANT shall notify the DISTRICT and the CITY of any
communication or other pertinent infonnation received prior to any meeting with
regulatory personnel. The CONSULTANT shall attend the necessary (up to two)
pennit pre-application meetings.
2.7.2 The CONSULTANf shall prepare and provide the first submittal of all applicable
regulatory permit application packages, including Environmental Resource Permit
(SWFWMD and FDEP), USACOE permit, FDOT permit(s), Pinellas County
Department of Environmental Management, City of Clearwater Site Plan approval,
and other permits required by the City of Cleanvater. The CITY will be named as
applicant on all permits. The CITY will pay all required fees and publish all
required notices.
2.7.3 The CONSULTANT shall prepare and submit information to respond to requests
for additional information from the agencies during their review. This work effort
shall not exceed eight hours. Any amount of work required over eight hours shall
be negotiated with the CITY as additional compensation per Section Six of this
Agreement
2.8 . PROJECf MEETINGS AND TECHNICAL LWSON (project Task 7)
The CONSULTANT shall keep accurate minutes of all meetings and distribute copies to all
participants, within seven (7) calendar days after the meetings. Tbe meetings shall be arranged
through the CITY and the CllY and DISTRICT shall attend. All display material shall be
developed and prepared by the CONSULTANT. The CONSULTANT shall coordinate with the
CITY and prepare meeting agendas. The agenda shall be submitted to the CIlY at least five days
prior to any scheduled meeting. Meetings shall generally be held at the CONSULTANT'S
location. unless the CITY directs otherwise.
2.8.1 Kick-Off meeting- A project initiation meeting (kick-off meeting) will be held
to solidify goals, and establish a project schedule and key target dates. This meeting
sets the guidelines for the CITY/CONSULTANT correspondence, coordination WId
working relationship. A preliminary project schedule will be submitted for review.
The CONSULTANT shall provide a project staffing plan which will include an
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organization chart and description of each person's responsibility. All
CONSULT ANf team members will be present at the kick-Qff meeting. The CITY
will provide to the CONSUL T ANT all names, addresses, telephone and fax
numbers, and e-mail addresses for those to attend.
2.8.2 The CONSULTANT shall be required to participate in up to 100 hours of meetings
with the CITY, the DISTRICI' and representatives from Pinellas County Schools
and Clearwater High School. Meetings will be held at important milestones in the
project The CONSULTANT will attend the pre-bid meetings, pre-construction
meeting and post-constroction meeting. The CONSULTANT will also attend select
training meetings.
2.8.3 Meeting hours will include travel time to and from the meeting. If the total number
of meetings and meeting hours as identified in this Agreement are exceeded,
compensation may be provided in accordance with Section 6 of this Agreement
2.9 CONSTRUCTION SERVICES (project Task 8)
2.9.1 Bid Preparation- The CONSULTANT shall attend a pre-bid conference and
record all technical questions asked during the allocated bidder question phase. The
CONSULTANT will prepare one addendwn to be issued at the end of the question
period which addresses the questions or comments submitted. The addendwn will
be provided to the CITY two days after the designated bidder Q/A period has cnlled.
2.9.2 Pre-construction Services- After the CITY executes the contract with the
contractor, the CONSULTANT shall attend the pre-construction meeting. The
contractor will be directed to submit all shop drawings to the CONSULTANT no
later than one week after the pre<onstruction meeting. The CONSULTANT will
review all shop drawings and either approve, reject or ronditionally approve them.
2.9.3 Construction Inspection- After the mobilization of the contractor and
commencement 6f construction, the CONSULTANT will visit the site on a periodic
basis to review the contractor's progress and/or answer design related questions.
The CITY will be provided a minimum 24 hour notice prior to these meetings. The
CONSULTANT shall promptly notify the CITY and DISTRICT in writing of any
discrepancies and/or deviations from the approved plans. Any changes to the
pennitted design requested during construction must be approved by the CITY and
DISTRICT and the CONSULTANT prior to implementing any change. The
CONSULTANT shall conduct a final inspection, creating a final puncWist for the
contractor. This punchlist will be the last construction item to complete the project
This task will be limited to 100 hours of inspection time for periodic review. Any
time required over the 100 hours shall be negotiated with the CITY as an additional
compensation per section 6 of this Agreement
2.9.4 As-builting and Certification. After all punchlist items have been completed by the
contractor, the CONSULTANT will make final inspection of the project with the
CITY and DISTRICT. Based upon infonnation provided by the CITY and/or the
contractor, the CONSULTANT will prepare record drawings and submit the final
certifications of the project. The CONSULTANT will submit to the CITY one set
of reproducible original record drawing vellums and AutoCAD floppies. The
DISTRlCf win be provided copies of the same.
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SECTION 3
SUBMITIALS
3.1 SUBMlTT AL REQUlREMENTS (GENERAL)
Each submittal called for below shall be delivered with a transmittal Jetter signed by the
CONSULTANTs Project Manager stating that the submittal package is complete, and all pertinent
calculations and details have been checked for accuracy and completion. Checks will be perfonned
by the CITY and the DISlRICT to confinn that the submittal is complete. Incomplete submittals
shall be returned to the CONSUL T ANT.
3.1.1 Invoicing from the CONSULTANT and payment by the CITY shall be directly
correlated to submittal progress.
3.1.2 The CITY in no way obligates itself to check the CONSULTANTs work and
further is not responsible for maintaining project schedules.
3.1.3 The actual acceptance by the CITY of any submittal, or the fmal acceptance by the
CITY of the PROJECT plan docwnents and reports provided for in this Agreement,
shall neither constitute nor imply any review or approval by the CITY of the
services perfonned by the CONSULTANT Wlder the provisions of this Agreement,
but shall indicate only the CITY's acceptance of the CONSULTANTS affinnation
of compliance with the provisions and intent of this Agreement
3.1.4 By executing this Agreement the CONSUL T ANT accepts the responsibility and
obligation to correct, to the satisfaction of the CITY Engineer and Director of
Environmental Management, and at no additional cost to the CITY. any and all
deficiencies in the preparation of the reports for this PROJECT resulting from errors
or omissions at such time and whenever the deficiencies may become known. Final
acceptance by the CITY of PROJECT reports and contract documents provided for
in this Agreement shall not relieve the CONSULTANT of complianCe with the
intent of this Agreement to provide the CITY with documents that are complete in
every respect.
3.2 SUBMlTI AL REQUIREMENTS
The CONSULTANT shall prepare a submittal schedule for the PROJECT as a part of the proposal.
Prior to the pre-commencement meeting, the CONSULTANT shall develop and submit a
PROJECT schedule for review and approval by the CITY and DISTRICT.
The CONSULTANT shall provide a Work Plan that includes project personnel, budget per task,
timelines per tasklactivity, quality assuranceIquality control procedures, and other pertinent
infonnation.
The CONSULTANT shall provide interim work products (preliminary engineering reports, 3()o/~
60%, 90% plans, etc.), as applicable for review and comment. Upon completion and written
acceptance of the final design by the CITY and DISTRICT, the CONSULTANT shall provide
reproducible mylar drawings for the PROJECT to the CITY. The CONSULTANT shall, upon
completion of all work products provide one (1) copy of all reports, maps, modeling on computer
disk, construction plans, and other documents to the CITY and DISTRICT.
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SECTION 4
SERVICES TO BE PROVIDED BY THE CITY
The CITY shall provide the following for the CONSULTANTs use and guidance:
4.1 Copies of all existing drainage studies and plans, computer information, existing maps,
existing aerial photographs, as built construction plans and other available information
and data pertinent to the PROJECT which the CITY and DISTRICT may have in their
possession.
.4.2 . Copies of Clearwater Stormwater and Utility Atlas Maps.
4.3 Reproducibles of any standard drawings applicable to the PROJECT.
4.4 Topographic survey of the project area.
SECTION 5
PROGRESS REPORTS
,5.1 Subsequent to receipt of the "NOTICE TO PROCEED," and prior to submittal of the first
invoice for fees earned, the CONSULTANT shall submit for the CITY's approval a
schedule showing the completion dates for the various work items and milestones
comprising the total work effort estimated to be required for the completion of the BASIC
, , SERVICES provided for in tillS Agreement wtder Section 2, the weight of each work item
in proportion to the total work effort, and the portion of the total BASIC FEE assigned to
each work item.
5.2 The CONSULTANT shall submit to the CITY, no later than the tenth day of each month, a
progress report reflecting the PROJECT status, in tenns of the total work effort estimated to
be required for the completion of the BASIC SERVICES, as of the last day of the
preceding month. The report shall show all work items, the percentage complete of each
item, the percentage of total work effort represented by each item, and the percentage of
total work effort completed.
5.3 All progress reports and invoices shall be mailed to the attention of the CITY's Project
Manager, Environmental Management, City of Clearwater, P.O. Box 4748, Clearwater,
Florida 346184748. '
11
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SECTION 6
COMPENSA nON TO THE CONSULTANT
6.1 The CONSULTANT shall be compensated for all services rendered under this Agreement
in accordance with the provisions of Schedule 1 (to be added).
6.2 Services described and provided for under Section 2.0 will constitute the BASIC
SERVICES provided for in this Agreement. For the BASIC SERVICES provided for in
this Agreemen4 the CITY ,agrees to pay the CONSULTANT a fee of $65,800 which
amount shall constitute the total BASIC FEE. The BASIC FEE shall be the total and
complete amount payable to the consultant for the perfonnance of the BASIC SERVICES,
and shall include the cost of all materials. equipment, supplies and out-of-pocket expenses
incurred in the performance of the BASIC SERVICES.
In the event that this Agreement is tenninatcd under the provisions of this contract the total
and complete compensation due the consultant shall be as established by the CITY based
on its determination of the percentage of Basic Services work effort completed to date of
termination.
6.3 Contingency services - When authorized in writing by the CITY, the CONSULTANT shall
fwnish services such as revisions to schematic plans, additional surveying, etc. that may
result from the desires of affected property owners, or utility owners, or from other
unforeseen circumstance resulting in minor changes in the PROJECf scope.
The CITY agrees to pay the CONSULTANT, a negotiated fee based on the work to be
performed under contingency services, up to an amount not to exceed tcn percent of the
BASIC FEE.
6.4 Additional Services - When approved as an amendment to this Agreement, and authorized
in writing by the ClTI', the CONSULTANT shall provide such additional services as may
become necessary because of changes in the services delineated in Section 2.
The CITY agrees to pay the CONSULTANT a negotiated total fee based on the work to be
performed under additional services.
SECI'ION 7
SCHEDULE OF PAYMENTS
The CITY shall make monthly payments to the CONSULTANT in accordance with the following
terms:
7.1 The CONSULTANT shall submit, with each of the monthly progress reports provided for
under Section 6.2, three (3) copies of an invoice for fees for work accomplished. The
invoiced fee earned, expressed as a percentage of the total BASIC FEE, shall correspond to
the percentage of the total BASIC SERVICES work effort completed as reflected by the
progress report.
7.2 Invoices not properly prepared (mathematical errors, billing not reflecting actual work done,
no signature, etc.) shall be returned to the CONSULTANT for correction.
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SECTION 8
PERIOD OF SERVICE
8.1 The CONSULTANT will begin work promptly after receipt of a fully executed copy of this
Agreement; such receipt shall constitute written notice to proceed.
8.2 If the CONSULTANT's design services called for under this Agreement are delayed for
reasons beyond the CONSULTANT's control, the time of perfonnance shall be adjusted
appropriately. If the design services under this agreement continue for a period of more
than two (2) years from the beginning date (as above provided), the fees contained in
Schedule 1 shall be subject to renegotiation; any change in such fees shall apply only to the
unfinished services as of the effective date of such change.
SECTION 9
INSURANCE REQUIREMENTS
9.1 Workers Compensation and Employers Liability .. The CONSULTANT shall procure and
maintain, for the life of this Agreement, Workers Compensation Insurance covering all
employees with limits meeting all applicable State and Federal laws. This coverage shall
include Employers Liability with limits meeting all applicable State and Federal laws.
9.2 General Liability .. The CONSULTANT shall procure and maintain, for the life of this
Agreement, General Liability Insurance. lbis coverage shall be on an "Occurrence" basis.
Coverage shall include Premises and Operations; Independent Contractors; Products and
Completed Operations and Contractual Liability. Coverage shall be no more restrictive
than the latest edition of the Commercial General Liability Policies of the Insurance
Services Office.
9.2.1 This policy shall provide coverage for death, bodily injury, personal injury or
property damage that could arise directly or indirectly from the perfonnance of this
Agreement
9.2.2 The minimum limits of coverage shall be $500,000 Per Occurrence Combined
Single Limit for Bodily Injury Liability and Property Damage Liability.
9.2.3 The CITY, DISTRlCf and School Board of Pinellas County shall be included and
identified as an Additional Insured W1der the policy/certificate of insurance.
Business Automobile Liability .. The CONSULTANT shall procure and maintain, for the
life of the Agreement, Business Automobile Liability Insurance.
9.3
The minimwn limits of coverage shall be a $300,000 Per Occurrence, Combined Single
Limit for Bodily Injury Liability and Property Damage Liability. This coverage shall be an
"Any Auto" type policy. Coverage shan be no more restrictive that the latest edition of the
, Business Automobiles Policies of the Insurance Services Office.
9.4
Indemnity - The CONSULTANT shall defend, indemnify, save and hold the CITY
harmless from any and all claims, suits, judgments and liability for dea~ personal injury,
bodily injury or property damage arising directly or indirectly from the perfonnance of this
13
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Agreement by its employees, subcontractors or assigns, including legal fees, court costs, or
other legal expenses. The CONSULTANT acknowledges that it is solely responsible for
complying with the tenns of the Agreement
9.5 Professional Liability - The CONSULTANT shall furnish proof of Professional Liability
(Errors & Omissions) coverage on an occurrence or claims~made form with a retro-active
date inception of contract with CITY or earlier. The minimum limits of coverage shall be
$500,000 per occurrence, with deductible or self.inslU'Cd retention (S.I.R.) indicated..
9.6 Supplemental Provisions
9.6.1 The inswance coverages and conditions afforded by this policy shall not be
suspended, voided, canceled or modified except after thirty (30) days prior written
notice by certified mail return receipt requested has been given to both the CITY
Engineer and the Risk Management Office of the CITY.
9.6.2 Certificates of Insurance meeting the specific required insurance provisions
specified within this Agreement shall be forwarded to both the CITY Engineer and
Risk Management Offices of the CITY and approved prior to the start of any work.
After review, the Certificate will be filed with the CITY Clerk as part of the official
contract file.
9.6.3 Receipt and acceptance of the CONSULTANT Certificate of Insurance, or other
similar docwnent, does not constitute acceptance or approval of amounts or types of
coverages which may be less than required by this Agreement.
9.6.4 The CITY may at its option require a copy of the CONSULTANT's Insurance
Policies.
9.6.5 All insurance policies required with this Agreement shall provide full coverage from
the first dollar of exposure unless otherwise stipulated. No deductibles will be
accepted without prior approval from the CITY.
9.6.6 Safety and Health Requirements
a It is the CONSULTANTs sole duty to provide safe and healthful working
conditions to its employees and those of the CITY on and about the site of
Agreement performance. The CITY assumes no duty for supervision of the
CONSULTANT.
b. The CITY may order that the work stop if a condition of immediate danger
to CIlY employees, equipment or property damage exists. This provision
shall not shift responsibility or risk of loss for injuries or damage sustained
from the CONSULTANT to the CITY>> and the CONSULTANT shall
remain solely responsible for compliance with all safety requirements and
for the safety of all persons and property at the site of CONSULTANT
perfonnance.
c. The CONSULTANT shall comply \'lith the standards and regulations set
forth by the Occupational Safety and Health Administration (OSHA), the
Florida Department of Labor and Employment Security and all other
14
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appropriate Federal, State, and local regulations or CITY safety and health
standards.
SECfION 10
REQUIRED STATEMENTS
The submission of sworn statements under Section 287.133(3XA) Florida Statues on Public Entity
Crimes and a Drug Free Workplace in accordance with Section 287.087 is required prior to the
execution of this Agreement.
SECTION 11
TERMINATION
This Agreement may be terminated by either party by seven (1) days prior written notice, in the
event of substantial failure to perfonn in accordance with the terms hereof by the other party
through no fault of the terminating party. lfthe Agreement is terminated, the CONSULTANT shall
be paid in accordance with the provisions of Schedule 2 for all work perfonned up to the date of
termination. ' .
SECTION 12
SUSPENSION, CANCELLATION OR ABANDONMENT
In the event the project described within this Agreement, or the services of the CONSULTANT
called for under this Agreement, is/are suspended, canceled or abandoned by the CITY, the
. CONSULTANT shall be given thirty (30) days prior written notice of such action and shall be
compensated for the professional services provided and/or related fees for which there is an
irreversible obligation up to the date of suspension, cancellation or abandonment
SECTION 13
EXTENT OF AGREEMENT
This Agreement represents, together with all Exhibits, the entire Agreement between the CITY and
the CONSULTANT and may be amended only by written instrument signed by both the CITY and
the CONSULTANT.
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IN WITNESS WHEREOF, the, parties hereto have accept~ made and executed this Agreement
upon the tenns and conditions above stated on the day and year first written.
, .
Countersigned: .
CITY OF CLEARWATER, FLORIDA
By:
Rita Garvey. Michael Roberto
Mayor.Commissioner City Manager
Approved as to "form Attest:
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John Carassas . Cynthia E. Goudeau
. Assistant City Attorney. City Clerk
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By:
, Ash Engineering, Inc.
Attest:
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SCHED1)LE 1
FEE PROPOSAL FOR THE ALLENtS CREEK EXPERIMENTAL
WATER QUALITY DEMONSTRATION PROJECf
The following is an estimation of fees based upon tasks outlined in Section 2 of this CONTRACT.
In no case will billings exceed this estimated project cost without the express written pennission of
the City of Clearwater. Work may be perfonned outside the scope of services on the written
direction of the City of Clearwater and the additional compensation negotiated as described in
Section 6 of this Contract Invoices will be submitted on a monthly basis for work completed to
date.
TASK TOTALS
18180n
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Clearwater City Commission
Agenda Cover Memorandum
Item II:
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Meeting Date:
SUBJECT: Allen's Creek Experimental Water Quality Treatment Demonstration Project Amendment to
Cooperative Agreement with the Southwest Florida Water Management District
RECOMMENDATION/MOTION: Approve an amendment to the Cooperative Agreement between the City
and The Southwest Florida Water Management District for the Design and Construction of an
Experimental/Educational Pond Project at Druid Road and Allen's Creek.
lEI and Ihatthe appropriate officials be authorized to execute same.
SUMMARY:
. In September 1995, the City and the Southwest Florida Water Management District (SWFWMD) entered
into a Cooperative Agreement for the design and construction of a water quality treatment demonstration
project on Pinellas County Schools property at Druid Road and Allen's Creek. A contract fee of
$~5,800.00 for the project design has been negotiated with Ash Engineering, Inc.
. The Agreement allots $50,000.00 for the design services to be equally funded by the City and SWFWMD.
This amendment will revise that figure to $65,800.00. It does not affect the total project budget of
$300,000.00 as the funds are merely being transferred from the construction phase to the design phase.
This transfer will not adversely impact the construction budget, as construction costs will be minimized by
providing hands-on opportunities for various school classes to construct workstation platforms, minor
plumbing jobs, etc.
. The City share of the design contract is $32,900.00, with reimbursement from SWFWMD upon invoicing
for the balance.
Amendment to Agreement available in City Clerk Departm~nt - hOW q:-\~nc.k.e d
RevIewed by: Costs: Commission Action
Logal ?/C?- Engineering (Current FYI $0 Approved
Budget User Dept. Funding Source: Approved
w/conditions
Purchasing Engineering Capt. Imp. X
Denied
Risk Mgmt. Advertised: Operating
Cont'd to
IS Date: Other
ACM Paper:
ENG. Not required: X
OTHER Affected partios Appropriation Code(s) Attachments:
notified
Submitted BV: 315-96103-561200-539
City Manager Not Required X
(1 )
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#
AGREEMENT NO. 9SCONOOOIlS
FIRST AMENDMENT
TO AGREEMENT BETWEEN THE
SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT
AND THE
CITY OF CLEARWATER
For
The Design and Construction of an ExperimentallEducational Pond Project
at Druid Road and Allen's Creek
. This FIRST AMENDMENT is made and entered into by and between the SOUTHWEST FLORIDA
WATER MANAGEMENT DISTRICT, a public corporation created by Chapter 61-691, Laws of Florida,
as amended, for itself and on behalf of the Pinellas-Anc1ote River Basin Board, hereinafter collectively I
referred to as the "DISTRICT," and the CITY OF CLEARWATER, a municipal corporation of the State
of Florida, hereinafter referred to as "CLEARWATER.II
WllNESSETH:
WHEREAS, the DISTRICT and CLEARWATER entered into an Agreement for the Design and
Construction of an Experimental!Educational Pond Project at Druid Road and Allen's Creek dated
September 1, 1995; and
WHEREAS, the parties hereto wish to amend the Agreement to increase the engineering consultant budget
for the design of the stormwater treatment system with a corresponding decrease in the construction budget
and no change in the total cost of the PROJECT.
NOW, THEREFORE, in consideration of the mutual terms, covenants and conditions contained herein,
the parties hereby mutually agree to amend the original Agreement, dated September I, 1995, as follows:
1. That Section 5, Paragraph 5.1 is hereby amended to replace the frrst three sentences with the
following: The DISTRICT shall fund an amount not to exceed Thirty-two Thousand Nine Hundred
Dollars ($32J900) for the CONSULTANT services which shall be limited to designing and
obtaining permits, providing geotechnical investigation, field survey and base maps, a planting
plan, and educational materials for the PROJECT. The DISTRICT also agrees to fund an amount
not to exceed One Hundred Seventeen Thousand One Hundred Dollars ($117,100) for construction
of the PROJECT for the total DISTRICT contribution to the PROJECT not to exceed One Hundred
Fifty Thousand Dollars ($150,000). CLEARWATER shall fund an amount not to exceed Thirty-
two TIlousand Nine Hundred Dollars ($32,900) for the CONSULTANT services, and an amount
not to exceed One Hundred Seventeen Thousand One Hundred Dollars ($117,100) for construction
of the PROJECT.
2. This Amendment shall be effective upon execution by all parties.
3. The teoos, covenants and conditions set forth in the original Agreement, dated September 1, 1995,
that have not been specifically amended herein, shall continue in existence, are hereby ratified,
approved and confirmed, and shall remain binding upon the parties hereto.
Page I of2
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IN WITNESS WHEREOF, the parties hereto have executed this First Amendment on the day and year set
forth next to their signature below.
Witness
Attest:.
Cynthia E. Goudeau
City Clerk
~.nt....f\lt!o..~..U~....,... I '.~.r.'V:;n,~:J"....I"!I"l-.--_ ',~. _____.____~_~: ..~.
SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT
BY:
E. D. Vergara, Executive Director
Date
FederallD No. 59-0965067
CITY OF CLEARWATER
By:
Michael Roberto, City Manager
Date
By:
Rita Garvey, Mayor-Commissioner
Date
Approved as to form and legal sufficiency:
By:
. Paul Richard Hull~ Assistant City Attorney
Date
Federal ID#: 59-6000289
FIRST AMENDMENT
TO AGREEMENT BETWEEN THE
SOUlHWEST FLORJDA WATER MANAGEMENT DISTRICT
AND TIlE
CIN OF CLEARWATER
, For
The Design and Construction oran ExpcrlmentallEdllClllional Pond Project
111 DruId Road and Allen's Creek
DISTRICT APPROVAL INmALS~' PJ..:!i_
LEGAL ~ .Jj!1pL
RISK MOMT
CONTRACTS . . .(!t/)7#1
RP DEPT DlR ~ "'f'1.{\ ,
DEPlITY EXEC DlR - ~
GOVERNING BOARD ~
Page 2 of2
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Southwest Florida
Water Management District
2379 BrOOd Street. Brooksvllle. Florida 34609-6899 . 1-800-423-1476 (Florida Only) or
(904) 796-7211 . SUNCOM 628-4150. T.O,D, Number Only (Florida Only): 1-800-231-6103
7601~'>>1fb1h I70CenttIy&:lUeY:Jd IISCa;:oa!OOwar 2J03Hcflwov,uW8St
TOOllO. Rorido 33637-6759 b1C7111. fb'do JJe.>>77lXI Voric:e. Fb'da 34292.352. kwemcss. Aot'OO ~
M f.pAI cno-ity E..,L,tr (&13) 9M-7481 !W:CM 578-2010 (813) !J4.1~!WCCM 5n-6200 (el3l443-591O sa.cQ.4 ~5970 (9J4) 637.13tO
September 6, 1995
Joe L Davb, Jr.
Chokmon. WCNCtUo
Roy G.1breI, Jr.
VIce Chakmon. st. Potenbug
SoIy 1hompcon
Secrotory. Tampa
.IamM E. MaIfln
Tr8OSU'Of. St. Petonbug
.Ior'MI L AJIon
ausmel
Ramon F. Compo
BrandOn
James L Coil
lckeloncl
hbKco M. rger
sarasota
John T. Hamner
BrOdenton
Oartb L law
Land O'lokG$
VIIpnkJ S. Roo
Tampa
Peter G. Hubbel
ExecutlYo OIreclex
Ma1( D. Farrel
As:sis1cnt Exocullvo OIroctex
Edward I. Holvenslon
GenemI Ccxnel
Exce/leltct
Throtl8h
Qual1/y
Service
Mr. Michael Quillen
Environmental Management
City of Clearwater
P.O. Box 4748
Clearwater, Florida 34618-4748
SUBJECf: Interagency Agreement for a Watershed Rehabilitation
Project for the Design and Construction of an
Experimental/Educational Pond Project at Druid Road
and Allen's Creek
Dear Mike,
Please find, enclosed, one original of the interagency agreement for
the referenced project fully executed by the appropriate agency
officials for your files. Let me know how you would like to proceed
" with the Scope of Work and the RFP. You can contact me at (813)
985-7481, extension 2209.
Sincerely,
.
9'ti--~
JoAnn J. Macrlna, P.E.
Surface Water Improvement and
Management (SWIM) Department
\JJM
Enclosure
cc: Michael Penyt Director, SWlM Department
Michael Holtkamp, P.E.t SWIM Department
Georgia Hudsont Contracts
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C tract No. 95CONOOOllS
, ,f
COOPERATIVE AGREEMENT
BETWEEN THE
SOUTHWEST FLORIDA WATER MANAGEMENT DISTIll
AND THE
CITY OF CLEARWATER
For
The Design and Construction of an ExperimentallEducationaJ Pond Project
at Druid Road and Allen's Creek
, TInS COOPERA 11VE AGREEMENT is entered into this 16f day Of~J~ . 19 ~ by and
between the SOUTHWEST FLORIDA WATER MANAGEMENT Df TRlCT, a public corporation
created by Chapter 61-691, Laws of Florida, as amended, for itself and on behalf of the PineUas-Anclote
River Basin Board, hereinafter collectively referred to as the "DISTRICT," and the CITY OF
CLEARWATER, hereinafter referred to as "CLEARWATER," political subdivisions of the State of Florida.
WITNESSE11I:
WHEREAS, the Allen's Creek watershed is contained within portions of the City of Clearwater and the
unincorporated part of Pinellas County, hereinafter referred to as the flW A TERSHED", encompassing
approximately Forty Nine Hundred(4900) acres, and contains a one (1) acre site near Druid Road and
Arcturas Avenue proposed for the construction of an experimental and educational surface water management
facility hereinafter referred to as the "PROJECT;" and '
WHEREAS, CLEARWATER has requested the DISTRICT'S assistance in the design and implementation
of the PROJECT; and
WHEREAS, the DISTRICT, through the cooperative funding program of the Pinellas-Anclote River Basin
Board, has agreed to participate on a SO/50 cost share basis with CLEARWATER; and
WHEREAS, CLEARWATER will be responsible for acquiring the necessary land interests to construct,
operate and maintain the PROJECT; and
WHEREAS, the parties hereto have reached an understanding for CLEARW A 'fER to engage the professional
services of a full service Engineering and Environmental Consulting firm; hereinafter referred to as the
"CONSULTANT,"" to perform the design and permitting for the PROJECT, to engage the service of a
construction fmn, hereinafter referred to as the "CONTRACTOR," to construct tbe PROJECT, that the
DISTRICT provide specific in-kind services for the PROJECT as listed hereafter, and that CLEARWATER
provide specific in-kind services for the PROJECT as listed hereafter.
NOW, THEREFORE, in consideration of the premises and the mutual covenants, conditions and terms set
for1h herein, the DISTRICT and CLEARWATER hereby mutually agree as follows:
Page 1 of 7
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C ~itract No. 95CON000115
t - SCOPE OF WORK.
.
1.1 CLEARWATER and DISTRICT shall jointly prepare the Request for Proposal (RFP) and
Scope of Work for the services to be perfonned by the CONSULTANT. The Scope of Work
will detail the objectives of the PROJECT which include but are not limited to:
A) Management of swface water runoff to Allen's Creek, including attenuation of in-
stream peak flow rates.
B) Biological treatment of surface runoff including implementation of Best Management
Practices to collect and reduce stormwater pollutants.
C) Provision of an educational opportunity for the general public and students, in
particular, by demonstrating methods of surface water management, water quality
improvement, and enhancement of plant and wildlife habitat
Both the RFP and the fInal Scope of Work shall be subject to written approval by the
DISTRICT and CLEARWATER.
1.2 CLEARWATER shall engage the services of the CONSULTANT to design and permit the
PROJECT. The DISTRICT and CLEARWATER shall each have one voting seat on the
conunittee to rank. the submitted proposals for negotiation and approval by the
CLEARWATER Commission. The fmal selection of the CONSULTANT shall be subject to
written approval of the DISTRICT.
1.3 CLEAR WATER shall administer, manage, and supervise the design and permitting of the
PROJECT with review and participation of the DISTRICT.
1.4 The DISTRICTs perfonnance under this Agreement is conditioned upon the development and
approval of the detailed Scope of Work, the Request for Proposal, and the engagement of a
CONSULTANT. If for any reason a CONSULTANT is Dot under contract within one
hundred eighty (180) calendar days subsequent to the effective date of this Agreement, this
Agreement may be terminated pursuant to Paragraph 9 -Termination.
I.S All CONSULT ANT(s), CONTRACTOR(s), subcontractors, and suppliers will be under
contract to CLEARW A 'fER and not to the DISTRICT; all compensation and payments to
them shall be the responsibility of CLEAR WATER and not the responsibility of the
DISTRICT.
1.6 CLEARWATER shall require the CONSULTANT to prO\;de a proposed Project Budget to
both parties. The proposed Project Budget shall consist of a detailed cost itemization by task
with staffhours, hourly rates, and project personnel based llpon the approved Scope of Work.
The proposed Project Budget shall be reviewed and approved in writing by the DISTRICT
prior to ratification of the CONSULTAl'-IT contract by CLEARWATER. Any revisions or
updates to the Project Budget shall be reviewed and approved Pt writing by the DISTRICT's
Project Representative prior to the disbursement of funds.
Page 2 of 7
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1.7 The DISTRICT and CLEARWATER shall provide mutual assistance in the acquisition of
available information, data and reports in their possession including but not limited to as.built
drawings, drainage maps, design reports, maintenance records, topographic sUrveys, utility
surveys, and rights.of.way infonnation considered pertinent to the PROJECT. Use of all
available information and ongoing studies that may assist the CONSULTANT in the design
of the PROJECT shall be maximized.
1.8 The DISTRICT and CLEARWATER shall review, comment, and approve or reject in writing
the PROJECT design at the 30%, 60%, 90% and 100% stages.
1.9 CLEARWATER shall act as applicant on all applicable environmental and construction
pennits. CLEARWATER shall advertise the PROJECT for receipt of bids within sixty (60)
days ofpennit approval and construction will begin ninety (90) days from bid award. Contract
award, contract execution and notice to proceed to the CONTRACTOR shaH be consistent
with CLEAR WATER's standard contract management procedures.
1.10 Upon completion of all work products, one (1) copy of all reports, maps, modeling on
computer disk, construction plans, and other documents prepared and paid for with any and
all funds contributed by the parties, shall be provided to each party. Reproducible As-Built
drawings shall be provided to the DISTRICT for record purposes by CLEARWATER upon
completion of the PROJECT.
1.11 CLEARWATER shall perform all necessary construction management, including but. not
limited to coru;truction survey, inspection, bidding and supervision, as follows:
CLEARWATER will conduct the construction bidding process with DISTRICT approval, and
construction supervision will be perfonned with DISTRICT participation. The contract
between CLEARWATER and the awarded bidder (CONTRACTOR) shall provide for a
performance bond and comprehensive liability insurance naming the DISTRICT and
CLEAR WATER as insured parties.
1.12 CLEARWATER shall provide signs at the PROJECT site during construction and upon
completion that includes recognition of funding by the DISTRICT through Pinellas~Anclote
River Basin Board to this agreement Any such signs shaIJ be subject to the written approval
as to Conn, content and location by the DISTRICT, and shall comply with CLEARWATERts
sign ordinance. All signs shall be maintained by CLEARWATER.
1.13 Upon acceptance of the completed PROJECT, CLEARWATER shall assume responsibility
for mowing, removal of weeds and brush, maintenance of any detention/treatment ponds,
overflow structures and any fencing needed, monitoring of plant growth and all other
maintenance of the PROPERTY in accordance with State and local pennit requirements and
CLEARWATER's maintenance schedules. CLEAR W A'fER shall not permit or allow any
chemical aquatic vegetation inhibitor or weed killing agent within the confines of the pond(s)
or the immediate banks, except as may be necessary for control of exotic vegetation.
2 - COMPLIANCE WITH DISTRICf RULES & REGULATIONS. Coincident with PROJECT design,
the professional designers and DISlRICT regulation staff shall mutually agree that the proposed PROJECT
Page 3 of 7
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c:' tract No. 95CONOOOllS
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technically complies with all applicable DISTRICT rules and regulations; and prior to PROJECT
iniplementation, pennitting approval shall be obtained.
3 - PERMITS. If the PROJECT requires obtaining any DISTRICT permit, the pennitting applicant shall be
the owner or authorized agent of the land to be occupied or otherwise used by the proposed PROJECT
development, unless the applicant has power of eminent domain. If DISTRICT owned land is involved, or
the DISTRICT is a co-applicant, the Florida Department of Environmental Protection shall be the pennitting
agency .
4 - DISTRICT RECOGNITION. CLEARWATER shall recognize DISTRICT funding, and Pincllas-
Anclote River Basin Board funding, in any reports, models, studies, maps or other documents resulting from
this Agreement, and the form of said recognition shall be subject to DISTRICT approval. CLEARWATER
shall provide signs at the PROJECT site that recognizes funding for this PROJECT provided by the
DISTRICT, and the Pinellas-Anclote River Basin Board. All signs must meet with DISTRICf written
approval as to fonn, content and location, and must be in accordance with local sign ordinances.
,5 - FUND.ING.. The parties hereto anticipate that the total cost of the PROJECT will be Three Hundred
Thousand Dollars ($300,000).
5.1 The DISTRICT shall fund an amount not to exceed Twenty Five Thousand Dollars ($25,000)
for the CONSULTANT services which shall be limited to designing and obtaining permits,
providing geotechnical investigation, field survey and base maps, a planting plan, and
educational materials for the PROJECT. The DISTRICT also agrees to fund an amount not
to exceed One Hundred Twenty Five Thousand Dollars ($125,000) for construction of the
PROJECT for the total DISTRICT contribution to the PROJECT not to exceed One Hundred
Fifty Thousand Dollars ($150,000). CLEARWATER shall fund an amount not to exceed
Twenty Five Thousand Dollars ($25,000) for CONSULTANT services, and an amount not to
exceed One Hundred Twenty Five Thousand Dollars ($]25,000) for construction of the
PROJECT. In the event that costs for the PROJECT exceed Three Hundred Thousand Dollars
($300,000), the DISTRICT and CLEARWATER, by mutual agreement, may provide
additional funding or reduce the PROJECT scope and/or limits. Any funding obligations of
the DISTRICT or CLEARWATER is contingent upon funds being budgeted for
commencement or continuation of the PROJECT by the DISTRICTs Governing Board and
Pinellas-Anclote Basin Board and the CLEARWATER City Commission, respectively.
5.2 CLEARWATER shall submit invoices that have been submitted by the
CONSULTANT/CONTRACTOR for the design, permitting, construction of the PROJECT
and back-up documentation monthly, along with a progress report to the DISTRICT with
written substantiation that the invoices are accurate and in accordance with tenns of this
Agreement. Invoices shall be submitted to the District at the following address: Accounts
Payable Section. Southwest Florida Water Management District. P.O. Box 1166~ Brooksville,
Florida 34605-11 ~. All progress reports accompanying invoices shall describe the work
accomplished to date and indicate the percentage of work completed. The DISTRICT shall
reimburse CLEARWATER for one half of the invoice amount less retainage, up to a total
wnount not to exceed that previously described in Section 1 of this Article. Upon receipt of
proper invoices as described, the DISTRICT shall remit payment to CLEAR WATER within
Page 4 of 7
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c'' tract No. 95CONOOOllS
. .
thirty (30) calendar days. CLEARWATER shall provide the DISTRICT with duplicate
CONSULTANT/CONTRACTOR invoices and progress reports for review at the same time
they are submitted to CLEARWATER.
5.3 CLEARWATER shall be responsible for the appropriate expenditure of funds provided by the
DISTRICT and shall only expend such funds pursuant to the terms and conditions of this
Agreement and shall not utilize such funds for any other purpose. CLEARWATER shall not
enter into additional services that would require additional reimbursement from the other
parties without advance written approval by the other parties. All equipment and non-
expended supplies purchased with funds provided by the DISTRICT shall be the property of
the DISTRICT and shall be returned to the DISTRICT at the termination of this Agreement
6 - PROJECT REPRESENTATIVE. CLEARWATER and the DISTRICT shall each designate a single
Project Representative who will serve as a liaison between the DISTRICT and CLEARWATER on all
PROJECT related matters for the purpose of maintaining coordination and review through all phases of
PROJECT development and construction. Each Representative shall be notified of, and attend all project
meetings which will be, at a minimum, held monthly to review the administration of this Agreement for the
duration of the PROJECT, to review and comment on interim reports, drafts, maps and other documents, and
to make site visits, and attend public information meetings. The Project Representative will be responsible
for transmitting instructions, receiving infonnation, and interpreting and communicating DISTRICT and
CLEARWATER policies and decisions relating to the PROJECT. All correspondence or inquiries relating
to the PROJECT shall be directed to the attention of the Project Representatives. Phone logs and meeting
minutes shall be kept by the lead Project Representative and distributed to all Project Representatives as a
record of PROJECT status.
7 - TERM OF AGREEMENT. This Agreement shall commence on the date of execution and shall remain
in effect until CLEARWATER provides to the DISTRICT mutually agreeable documentation which
substantiates that this Agreement has been fully performed, or on the date three years from the execution date
of this Agreement, unless tenninated or specifically extended in writing.
8 - PROJECf RECORDS AND DOCUMENTS. CLEARWATER shall, upon request, permit the
DISTRICT to examine or audit all project records, books, documents and papers during or following
completion of the PROJECT. CLEARWATER sball maintain the records, books, documents and papers for
at least three (3) years following completion of the PROJECT.
9 - TERMINATION. Upon written notice, this Agreement may be terminated by any of the parties in the
event of substantial failure of another party to fulfill its obligation under this Agreement through no fault of
the tenninating party, or iftennination is deemed to be in the public's best interest or in the best interest of
the tcnninating party. This Agreement shall be deemed tcnninated on the fifteenth (15th) day after receipt
of written notice oftennination. If such a tennination for the PROJECT occurs, the DISTRICT shall pay to
CLEARWATER all properly documented fees and costs for services performed in accordance with this
Agreement prior to the date of termination. CLEARWATER shall take all reasonable steps to avoid incurring
any additional PROJECT costs subsequent to receiving notice of termination.
Page 5 of 7
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c 'tract No. 95CONOOO1l5
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10.. RELEASE OF INFORMATION. No party shall be permitted to conduct any verbal or written media
inferviews or issue press releases on or about this Project without prior written approval of the other partiest
which shall not be unreasonably withheld.
11 - ASSIGNMENT. All parties are prohibited from assigning or transferring any of its rights or obligations
Wider this Agreement without prior written consent of the other parties.
12 -INSURANCE CLEARWATER is a political subdivision of the State of Florida. As sucht it is self-
insured pursuant to Section 768.28 of the Florida Statutes. CLEAR WATER shall maintain in force worker's
compensation benefits in accordance with Florida Statutes for the duration oftbe Agreement.
13 .. NOTICES. All notices, or reports, other than invoices, required to be given to the DISTRICT shall be
. hand delivered or mailed, postage paid, to the following addresses:
SWIM Department
Southwest Florida Water Management District
7601 Highway 301 North
Tampa, Florida 33637
All notices, or reports required to be given to CLEARWATER shall be band delivered or mailed, postage
paid, to the following address:
City of ClCa1Water
Engineering DepartmentlEnvironmentaI Management
P. O. Box 4748
Clearwatert Florida 34618
14 - THIRD PARTY BENEFICIARIES. Nothing in this Agreement shall be construed to benefit any
person or entity not a party to this Agreement.
15 .. COMPLIANCE WITH APPLICABLE LAWS. The parties agree to comply with applicable federal,
state, and loca11aws, including by not limited to the Americans with Disabilities Act (ADA).
16 .. MODIFICATIONS. This Agreement constitutes the entire Agreement among the DISTRICT and
CLEARWATER. There are lio promises, tenns, conditions or allegations other than those contained herein
and. this document shall supersede all communications, representations and/or agreements whether written
or verbal. between the parties hereto with regard to the PROJECT and the subject matter of this Agreement.
This Agreement may be modified only in writing executed by all the parti~.
This space left blank intentionally.
Page 6 of 7
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<r;>:: ..tract No. 9SCONOOOl15
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IN WITNESS \VHEREOF, the parties hereto, or their lawful representatives, have executed this Agreement
as" of the date first above written.
Signed seated and
delivered in the
presence of:
WITNESS:
By:
Peter G. Hubbell, Executive Director
Cj.t.fj5
~{Jt~
Federal ID#: 59-0965067
Countersigned:
CITY OF CLEARWATER, FLORIDA
Rita Garvey,
Mayor-Commissioner
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By: fo. ~
Elizabe ep I.. ~ily Manager
Approved as to form and
legal sufficiency
JJK)
Attest:
. Attorney
City Attorney's Office
Federal ID#: 59-6000289
COOPERATIVE AGREEMENf
BrfWEEN THE
SOUTlIWFSr FLORIDA WATER MANAGEMENT DISI'RICf
AND TIlE
CI1Y OF CLEARWATER
For
The Design and ConstructJOQ of an Experimcnta1lEducaliooaJ Pond Project
11 DruId Road and A1len's Creck
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APPROVED BY: I DATE
, LEOAL ' a
RISK MGMl' or
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CLEARWATER CITY COMMISSION
Agenda Cover Memorandum
Ilcm"~
Meeting Dale
IO.~.~'7
SUBJECT: Phase II of City Street Tree Inventory Consultant Contract and Use of Tree Replacement Funds to Fund
City Share
RECOMMENDATION/MOTION: Award a contract for consultant services at a cost to the City of
$16,700.00 to Natural Resources Planning Services, Inc.; to complete the second phase of the City Street Tree
Inventory, and authorize use of the City Tree Replacement Fund to fund the City's $16,700.00 portion of the contract,
[!] and that the appropriate officials be authorized to execute same.
SUMMARY:
. In August 1995, the City Commission approved a resolution supporting the initiation of a street tree inventory to
identify and prioritize City trees for maintenance and replacement for public safety purposes. The inventory also
identifies potential tree planting locations. The resolution authorized pursuit of grant funds from the State of
Florida.
. In September 1995, the City received a grant of $18,400 from the Florida Department of Agriculture and
Consumer Affairs to be used for the street tree inventory. In October 1996 an additional grant of $15,000 was
awarded, for a total of $33,400 of approved grant funds to date.
. In September 1996, a consultant was selected to perform the first phase of the inventory. This first phase was
completed at a cost of $19,150, leaving $14,250 of grant funds available for the second phase. The first phase
included all areas in the City between Highland A venue and Clearwater Harbor.
. The consultant has submitted a proposal for $30,950 to complete the second phase of the inventory. Therefore, a
balance of $16,700 must be funded by the City. The second phase includes all areas in the City between
Highland Avenue and Tampa Bay, south of Sunset Point Road. '
continued
; .
Reviewed by: Originating Dept. I Costs: $16.700 Commission Action
Legal ~, Engineering J,/, V (Current FYI $0 Approved
Budget ~ User Dopt. G Funding Source: Approved
w/conditions
PurChasing Engineering Capt. Imp.
, "- Denied
Risk Mgmt. ' NA Advertised: Operating
Date: Cont'd to
IS NA
Paper: Other SOAclal Prol1ram
ACM f.
Not required: X
ENG.
OTHER Affected parties Appropriatlon Codelsl A tt8chments:
notified Consultant Pr.oposal
Submitted BV: 181.99921.1330100-539
City Manager H5f/Cj Not Required X
Ph2"ree Inventory
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Page Two
Agenda Item Ph2 Tree Inventory ,
. The Tree Replacement Fund is the preferred source for these funds. Chapter 52t Code of Ordinances requires
City Commission approval for the use of Tree Replacement project funds for purposes other than tree planting
projects.' '
. There is a third and final phase of this inventory which will be conducted in FY 1997/98. The cost is expected to
be similar to this second phase. A grant application has again been submitted to the State for partial funding of
this final phase. Sufficient funds are available in the Tree Replacement Fund (181-99970) to complete this phase
of the inventory.
. ' A FY 1997/98, first quarter budget amendment will provide for the transfer of $16,700 from the Tree
Replacement Fund to project 181-99921, Urban and Community Forestry Grant, to provide for the funds
necessary to complete this project.
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FIOl'ida Dcpal'tment of Agl'icultul'C & Consumer SCI'\'ices
BOB CRAWFORD, Commissioner
The Capitol · Tn~lnha5sec, FL 32399-0800.
November 8, 1996
Mr. Alan Mayberry
Urban Forester
City of Clearwater
Post Office Box 4748
'Clearwater~ FL 34618-4748
, .
Dear Mr. Mayberry:
Congratulations I I am pleased to infonn you that the City of Clearwate~s Urban and
Community Forestry (U&CF) grant application (DACS #96-] 2)) entitled "Branch ManagementU
has been selected by the Florida Department of Agriculture and Consumer Services to receive a
grant award of $15,000.00 for the 1996 program year.
A Grant Memorandum of Agreement with specific instructions will be sent to you
shortly. Please be reminded that you may not begin implementation of the project before the
agreement is fully executed and you have written authorization from the Department.
Again, congratulations and flook forward to hearing of the success of your project.
If you bave any questions concerning your U&CF grant, please contact Tom Haxby,
Rural Development Coordinator at 904/414-9955.
Sincerely,
1l1dORD
COMMlSSIONER OF GRICUL TURE
BC:hhs
cc: District Manager Mark Hebb, Lakeland District
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NATURAL RESOURCE PLANNING SERVICES, INC.
Post Office Bolt 564
San Anlonio, FL 32576
(904) 588.2580
FAX (904) 588.2206
5700 SW 34 Street
Suite 324
Gainesville, FL ~2608
(904) 378.8966
FAX (904) 336-4877
2609 Thomas Drive
Suite 11 0
Panama City, FL 32407
(904) 234.1618
FAX (904) 234.1618
POSI Office Bolt 9272
Fort Myers, FL 33902
--
(941) 369-4245
Call bofore FAX
The letter wrIter Is In our Fort Myers office.
June 17, 1997
Mr. Alan Mayberry
City of Clearwater
P.o. Box 4748
Clearwater, FL 34618-4748
RE: Urban Tree Inventory; Phase 2
Dear Alan:
Thank you for selecting Natural Resource Planning Services,
Inc. (NRPS) to conduct your urban tree inventory! We are pleased
to offer the following proposal to complete the phase 2 of the
project.
:t. PROJEC'J! DESCRIP'l'ION - Urban Forestry Services to include
collection of Phase 2 street and park tree data; and merging
of new data with existing tree data.
:t1: . PROJEC'J! SCOPB
Table' 1. Summary of Project Tasks
Task
Description
Cost
1.0 Project Start-Up and Planning
2.0 Urban Tree Data Collection
3.0'Data Processing
4.0 Data Installation
. LUMP SUM TOTAL
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$30,950
Inventor.Y Methods
. NRPS foresters will complete a pedestrian tree survey
of all City-owned street right-of-way within the Phase
2 area. Maintained areas within certain City parks, as
identified on maps given to NRPS, will also be
inClUded., IDrlEJ~l~ ~WI.
un JUN 1 3 1997 ;'; U Ii
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onsu nl: orcs ers E~r!!pt:';.H;:;;' .':Y'\'.I.\131=;\(8'rr
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Individual tree data collected will include: an as-
'signed control number, location or address, genus,
species, diameter class, height class, condition class
using ISA standards, up to six tree maintenance recom-
mendations, the width of the growing space, the
presence of overhead wires, and a work priority rating.
.
Tree locations and control numbers will be noted on
paper maps (preferred scale 1"=100') provided by the
City. These paper maps and our digital database will
form the foundation by which the City can move toward a
GIS application of the data in the future.
NRPS will collect tree information using hand-held data
recorders. The records can be electronically trans-
ferred directly into a computer without manual re-
entry. Errors are minimized and corrections can be made
quickly. The tree data collected will be in dBASE
(.dbf) database file format which is compatible for
import into most Geographic Information Systems,
spread-sheets, and database software.
Tree data collected will be checked for accuracy and
typographic errors prior to installation on the City
computer.
.
A visual assessment of each tree on City property
within the project scope will be made as to the pres-
ence of major structural defects (obvious dead wood,
trunk and branch defects, or disease organisms). In
addition, overhead utility line conflicts and sidewalk
. .
or curb damage w111 be noted.
.
The Phase 2 data will be merged with existing tree data
to form one data set on the City computer.
2
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It is specifically understood by all parties that the
services to be furnished under this proposal do not include any
outside or additional services. Proposals for any additional
services will be prepared and provided to you, the client, for
approval.
:[]::I. ME'l'HOD OF COMPENSA'l'ION
A. 'Fees - The total Fee, including reimbursable expenses,
for the services described above will not exceed
$30,950.00
B. Billing - Invoices are sent as milestone tasks are
completed and are payable on receipt. Accounts
delinquent for 30 days or more shall be charged a 1.5%
per month service charge.
. Payment 1: $25,000 at completion of Tasks 1.0, and 2.0;
m Payment 2: $5,950 upon your completion of Tasks 3.0 and
4.0.
:IV .. SUPPLEMEN'l'AL CONDI'l'IONS
A.. Client's Responsibility:
. Provide NRPS lawful right of entry to City
property for a mutually agreeable time period.
Your noti,fication of citizens and concerned City
employees, such as park employees and public
safety officials, will reduce misunderstandings
and work delays.
. Provide to NRPS two sets of paper 1"=100' plat
maps that show lot addresses and street rights-of-
way prior to start of data collection.
. provide to NRPS a list of "official" street names
and public area names within the project scope
area prior to start of data collection.
B. ~ime Frame - Natural ,Resource planning Services, Inc.
can begin this project within 30 days of our official
Notice To Proceed. NRPS can complete all tasks within
120 days of the execution of this contract.
c. ~er.mination - The Client reserves the right to
terminate this agreement at any time with or without
cause, by written notification, but shall be bound to
pay all fees accrued and unpaid as outlined herein.
Natural Resource Planning Services, Inc. reserves the
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right to terminate this agreement for cause by written
notification.
D. Fee for ~ermdnation or SUB~ension of Services - Natural
Resource Planning Services, Inc. will rely upon this
agreement to obtain services of others and to make
commitments in this office to accomplish the tasks set
out above. Should our services be terminated or
suspended for any reason prior to completion, we shall
be compensated for all work performed at the date of
termination or suspension at the hourly rates outlined
in the Fee Schedule plus incurred expenses.
E. Additional Services - If during the progress of the
project, the client wishes us to provide additional
services not described in Section II, either by written
or verbal communication, we will be compensated for our
time and expenses to complete the additional services
at the rates listed in the Fee Schedule.
1. Fee Scbedule - Consulting fees for client-
authorized additional services are based on the
time required to perform those services plus any
sub-contractor fees and shall accrue according to
the "Fee Schedule" enclosed.
2. Reimbursable ~enBes - Costs incurred by this
office on behalf of the client for printing,
reproduction, aerial photographs, communication,
travel, and postage are reimbursable expenses and
shall accrue according to the "Fee Schedule"
enclosed.
3. Escalation - All hourly rates and fees listed in
the Fee Schedule shall be binding for a period of
nine months from the date of this proposal.
V. Insurance
Natural Resource Planning Services, Inc. carries a liability
insurance policy, workman's compensation, and automobile
insurance certificates. Proof of insurance is available for
any of these policies upon request from our San Antonio
office.
4
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VJ: . Acceptance
Fee and scope of work are subject to change if this
proposal,is not accepted within sixty days.
We trust this $30,950 proposal for the Phase 2 urban tree
inventory. meets with your approval. If so, please sign this
agreement while keeping a copy for your files. Acceptance of
this proposal constitutes a contract and authorization to
proceed. To initiate our work, please return a signed copy
of this proposal, or official correspondence referencing
this document~ for our files .
Thank you for the opportunity of providing this Proposal. We are
looking forward to working with you and I remain,
At your service,
NATURAL RESOURCE P~.NN:ING SERV:ICES, INC.
vid A. Fox
Consulting.Forester
941/369-4245
Accepted by:
Title:
Date:
5
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Fee Schedule
position
Hourlv Rates
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$ 90
$ 80
$ 65
Branch Manager
senior Foresters, Urban Foresters
& Ecologists
Staff"Foresters
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$ 55
$ 40
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Forestry Technicians & .....
Environmental Technicians I
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$ 40
$ 25
$ 45
$ 65
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Clerical . .
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GIS Mapping
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Expert Witness
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. Expenses
Cost
Mileage
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.$ 25/day
OVer-night Travel Meal Per Diem
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Hotel, Printing, and Miscellaneous Expenses
Cost
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RESOLUTION I 95-63
A RESOLUTION OF THE CITY OF CLEARWATER,
FLORIDA, TO ENTER INTO AN URBAN AND COMMUNITY
FORESTRY GRANT MEMORANDUM OF AGREEMENT WITH
THE STATE OF FLORIDA, DEPARTMENT OF
AGRICULTURE AND CONSUMER SERVICES, DIVISION
OF FORESTRY; PROVIDING AN EFFECTIVE DATE.
b.v\ .
WHEREAS, trees are an important part of our community; and
WHEREAS, the City of Clearwater wants to improve the public
safety by identifying and removing hazardous trees on public
property; and ·
WHEREAS, the City of Clearwater wants to develop a
comprehensive urban forestry program which will insure safe and
healthy trees on public property; and
WHEREAS, The City of Clearwater desires to apply for an Urban
and Community Forestry Grant which would provide monies in which to
help fund the urban forestry pro9ra~i and
WHEREASr the City of Clearwater wishes to enter into an Urban
and Community Forestry Grant Memorandum of Agreement between the
City of ClearWater, Florida and the Florida Department of
Agriculture and Consumer Services;
.'
NOW, THEREFORE, BE IT RESOLVED by the City Commission of
Clearwaterr Florida:
Section 1. The City Commission supports the development of a
comprehensive urban forestry program which will ,insure safe
and healthy trees on public properties.
Section 2. The City Commission hereby authorizes the City
Manager to enter into an Urban and Community Forestry Grant
Memorandum of Agreement between the City of Clearwater,
Florida and the Florida Department of Agriculture and Consumer
Services.
INTRODOCED, PASSED AND ADOPTED
Rita Garvey
Mayor- Commissio
Approved as to form and legal
sufficiency:
~~4~~
~aul Richard Hull .
Assistant City Attorney
Attest: '
~cf
thia E. Goudeau
y Clerk
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.....Item #30 moved to
10-16-97
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CM.3
Clearwater City Commission
Agenda Cover Memorandum
Item II:
3-L
Meeting Dille:
I 0/2/91
SUBJECT:
Fraternal Order of Police, Lodge 10 (FOP 10) Collective Bargai n ing Agreement
RECOMMEN DA TION/MOTION:
Approve the collective bargaining agreement as negotiated with FOP 10 for Fiscal Years 1997/98,
1998/99, and 1999/2000
lEI and that the appropriate officials be authorized to execute same.
BACKGROUND:
The most recent collective bargaining agreement between the City of Clearwater and FOP 10 expires on
9/30/97. This was a 3~year agreement.
City management staff and representatives of FOP 10 have been meeting since July 31, 1997, to negotiate a
new contract. The negotiating process was completed when the parties came to a tentative agreement for a
new 3-year contract on Monday, September 15, 1997.
FOP 10 submitted the proposed agreement to its membership. The agreement was ratified by the membership
by majority vote on Monday, September 22, 1997.
Major provisions of the contract proposal for FOP 10 include:
1. Article 6, Stewards. Checkoff and F.O.P. Business
Union time off with pay increased from 200 hours per year to 272 hours per year.
Article 8, Work Rules and Personnel Practice
2. Section 1. Sick Leave
Sick hours were capped at 1560 for all employees in the bargaining unit. (It had been for employees
hired prior to 10/01/90 - 2400 hours; for employees hired uetween 10/01/90 and 5/3/95 - 2080 hours; for
employees hired between 6/01/95 and 9/30/95 - 1560 hour; and for employees hired after 10/01/95 - 1214
Reviewed by: Originating Department: CO!Jts: Commission Action:
legal NA o Approved
Budget Total o Approved w/Condltions
Purch:lslng NA User Department: o Denied
Risk Mgmt. NA Current Fiscal Year o ContInued to:
IS NA Funding Source:
ACM NA o C;l.plllllmproyemenll
Other NA Advertised: 0 Op~rltln!:
Date: 0 Other: Attachments:
Paper:
Submitted by: ~ Not Required Appropriation Code
CllY.t.;~(!!) Affected Parties:
~ Notified JK- None
0 Not Required
o Printed on recycled paper
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hours). A buyout of sick leave hours in excess of 1560 hours will be made for eligible employees at 60%
of the employee's hourly base rate of pay at July 1998.
The City will donate 3 sick leave days to the sick leave bank for all employees who are at the cap and used
no sick time during the calendar year.
3. Section 6. Residency Requirements
After 10/1/97, employees or new hires may not move to a residence beyond Pasco County, north of SR 52,
east of 1-75 and Hillsborough County, east of 1-275.
4. Section 12. Sick Leave Pool
Employees will now be allowed to donate sick leave at 50% value in addition to previous vacation days.
5. Article 12. Seniority
New: The Chief of Police may reassign any officer when the reassignment is in the best interest of the
Police Department.
6. Article 13. Promotional Procedures
Effective 12/21/98, the minimum educational requirement to Sergeant will include a two-year degree.
ArtiCle 14. Direct Economic Provisions
7. Section 2. Vacations
Vacation leave hours will be capped at 240 hours effective January 1999.
8. Section 8. Uniform Allowance
. The $650 clothing allowance is eliminated. The City will now supply uniforms consisting of shirts, pants,
jackets, and ties.
9. Section 12. Wages
Police Officers
10/1/97
3.5 %)
Yearly Increase
3.5 %
1 0/1/98
1/1/99
,2.0%)
2.0%)
3.75%
1 0/1/99
1/1/2000
3.0%)
3.0%)
5.75%
Police Service Technicians & Supervisors
10/1/97
1 0/1/98
1 0/1/99
Yearly Increase
3.5 %
2.75%
2.75%
10/1/97 Police Service Technician Supervisors will receive a 5% classification adjustment.
No increase for Parking Enforcement Officers.
The pay increases are not cumulative.
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An additional 2-1/2% step was added that employees will receive after having been in the highest step in3'
their classification for two years. .
10. Section 22. Canine Officers
The monthly allowance was changed to a reimbursement for actual expenditures with proof of payment for
any expenditure.
11. Np~: The City and Union agreed that during the period of retirement advancement employees are not
e~igiblp. to receive or accrue benefits except retirement credit.
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12.'!'Jc'w: letter of Agreement was added that any system of discipline or performance management that the
. Union' failed to participate in does not alter the City's right to implement changes.
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Clearwater City Commission
Agenda Cover Memorandum
Item #:
3.~
~
Meeting Dale:
SUBJECT: CODE AMENDMENTS TO CREATE SECTIONS IMPOSING CERTAIN PARKING
RESTRICTIONS WITHIN STREET RIGHT-OF-WAY IN RESIDENTIAL AREAS, AND PROVIDING
EXCEPTIONS; DEFINING "INOPERATIVE VEHICLES" AND PROHIBITING THE KEEPING, STORING,
PARKING, OR ALLOWING TO REMAIN ON PUBLIC PROPERTY OR STREET RIGHT-OF-WAY OF
INOPERATIVE VEHICLES FOR LONGER THAN TWENTY-FOUR HOURS; PROHIBITING THE PARKING
OF VEHICLES UPON PUBLIC PROPERTY OR STREET RIGHT-OF-WAY FOR THE PURPOSE OF
DISPLAYING FOR SALE; AND PROVIDING FOR ENFORCEMENT.
RECOMMENDA lION/MOlION:
Pass Ordinance No. 6196 on first reading creating sections 30.054, 30.055, 30.056 and 30.057 to
impose certain parking restrictions within street right-of-way in residential areas, providing exceptions;
defining /iinoperative vehicle" and prohibiting the keeping, storing, parking, or allowing the same to
remain on public property or street right~of-way for longer than 24 hours; prohibiting the parking of
vehicle upon public property or street right-of-way for the purpose of displaying for sale; and providing
for enforcement
o and thaI the appropriate officials be authorized to execute same.
BACKGROUND:
The following sections of Chapter 30 of the Code of Ordinances regard various vehicular violations which, for
the most part, already exist elsewhere in the Code. They are proposed primarily in response to a need for
another enforcement tool in addition to the Municipal Code Enforcement Board, Pinellas County Court and
administrative remedies which are presently in the Code of Ordinances. Specifically, these sections would
allow for the issuance of traffic court parking citations which may be placed directly upon the vehicle in
violation. Community Response Team Code Inspectors have had parking enforcement specialist training and
are authorized to issue traffic court parking citations.
The ability to issue a traffic court parking citation in a clear-cut violation in lieu of the lengthier, more
complicated enforcement processes would help to further streamline the Community Response Team's
operation. There have been situations where tenants are the ones actually violating codes and the property
owner is legally and financially held responsible-issuance of a parking ticket would allow enforcement
against the party most directly responsible for the violation.
Reviewed by: Originating Department: Costs:
legal -s COMMU~TY RESPONSE TEAM N/A
Budget N/A ~~ Total
Purchasing N/A
RIsk Mgmt. N/A Current Fiscal Year
IS N/A COMMUNITY RESPONSE TEAM Funding Source:
POLICE
ACM o C~1tlllmprovtmtn"
Other POLICE Advertised: 0 OptrlUn3:
Date: 0 Olhtr:
Paper:
Submitted by: 1m Not Required Appropriation Code
AffCl.:h:d Parties:
0 Notified
City Manager 1m Not Required
Commission Action:
o Approved
o Approved w/Condilions
o Denied
o Continued to:
OPrlnledonrKYcledpaper no+e. = O('~. ra.S"S< \S\-re~\J\~J C\S a.)l'\~VlJ~d. -rh~y<. W<\S.:'4-
o.V\'1 fo..r--l.("\.Uod( Mo*",oV\-+n o.~e.V\d::Bwo...s dCl\\~ .J<:.rba.\\y o..-\- V'V\-(C-+;V\1' S~e MIl'\ll-teS,
Attachments:
ORD.619(,-97
o None
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Community Response Team Ordinance
i. Page 2
Section 30.054, Parking Restrictions Within Street Right-of-way in Residential Areas essentially:
. locates the residential parking restrictions within a street right of way to a chapter which may be enforced
by the issuance of traffic court parking citations in addition to the other means of enforcement provided in
the Code of Ordinances.
. allows parking exceptions for a period of 6 hours rather than the 24 hour period in the existing code.
. ' totally restricts semitrailer trucks and cabs except during the actual performance of a service at the premises
at which it is parked.
Section 30.055, Inoperative Vehicles on Public Property:
. defines "inoperative vehicle;"
. limits to 24 hours the time an inoperative vehicle may remain upon public property including the street
right-of-way; and
. may be enforced by the issuance of traffic court parking citations in addition to the other means of
enforcement provided in the Code of Ordinances.
Section 30.056, Display of Vehicles for Sale on Public Property:
. locates the prohibition against the parking of a vehicle upon public property, including the street right-of-
way, to a chapter which may be enforced by the issuance of traffic court parking citations in addition to the
other means of enforcement provided in the Code of Ordinances.
Section 30~057, Enforcement:
. Provides for Sections 30.054, 30.055 and 30.056 to be enforced by the issuance of traffic court parking
citations;
. authorizes any police officer, traffic infraction enforcement officer or code inspector certified asa parking
enforcement specialist to issue such tickets.
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ORDINANCE NO. 6196-97
AN ORDINANCE OF THE CllY OF CLEARWATER,
FLORIDA; CREATING SECTION 30.054 IMPOSING
CERTAIN PARKING RESTRICTIONS WITHIN STREET
RIGHT-OF"WAY IN RESIDENTIAL AREAS, AND
PROVIDING EXCEPTIONS; CREATING SECTION 30.055,
DEFINING "rNOPERATIVE VEHICLE" AND PROHIBITING
THE KEEPING, STORING, PARKING, OR ALLOWING TO
REMAIN ON PUBLIC PROPERTY OF INOPERATIVE
VEHICLES FOR LONGER THAN TWENTY-FOUR HOURS;
CREATING SECTION 30.056, PROHIBITING THE PARKING
OF VEHICLES UPON PUBLIC PROPERTY OR STREET
RIGHT-OF..WAY FOR THE PURPOSE OF DISPLAYING
FOR SALE; CREATING SECTION 30.057, PROVIDING FOR
ENFORCEMENT OF SECTIONS 30.054..30.056;
RENUMBERING SECTIONS 30.054 THROUGH 30.057 AS
SECTIONS 30.058 THROUGH 30.061; PROVIDING AN
EFFECTIVE DATE.
WHEREAS, it is advisable to amend certain sections of the Code of Ordinances
regarding streets, sidewalks, and right-of-way. in order to impose certain parking
restrictions within street right-of-way in residential areas in order that the attractiveness of
those areas be preserved and that safe and unimpeded traffic circulation through
residential neighborhoods be promoted, to prohibit placement of inoperative vehicles
upon public property, to prohibit placement of vehicles upon public property for sale
display purposes, and to provide for enforcement of said parking provisions; now,
therefore,
BE IT ORDAINED BY THE CITY COMMISSION OF THE
CllY OF CLEARWATER. FLORIDA:
Section 1. Section 30.054, Code of Ordinances, is created to read:
Sec. 30.054 Parking restrictions within street right-of-way in residential areas.
(1) Restrictions upon parking within public street right-of-way. Subject to the
exceptions provided in subsection (2) below, the following vehicles shall not be parked or
stored such that any portion of the vehicle is located on any pUblic street right-of-way
directly contiguous to a residentially zoned property:
(a) Any boat or boat trailer;
(b) Any hauling trailer;
(c) Any travel trailer, motor home, or camping trailer;
(d) Any semitraUer truck or cab;
(e) Any commercial vehicle.
Ordinance 110. 6196.97
. ' I
(2) Exceptions. The parking restrictions set forth above shall not apply to:
(a) A commercial vehicle or a semitrailer truck or cab during the actual
performance of a service at the premises at which it Is parked;
(b) Loading, unloading, or cleaning of vehicles other than semitrailer
trucks or cabs, provided such act is fully completed within six hours and provided such act
does not occur at the same location more than two times in the same month.
(c) The restrictions set forth above shall be enforced as of the effective
date of Ordinance No, 6183~97 regardless of the date when the parking subject to said
restrictions commenced, and such parking shall not be deemed an allowable
nonconfonning use within the meaning of the Land Development Code.
Section 2. Section 30.055, Code of Ordinances, is created to read:
Sec. 30.055 Inoperative Vehicles on Public Property.
(1) Definition. "Inoperative vehicle" means a vehicle that is in a state of
disrepair and incapable of being moved under its own power, or a vehicle that is
. incapable of being operated lawfully on the streets of the state. A vehicle shan be
deemed inoperative if a current registration tag, also known as a license plate, of a kind
required under state law as a condition of operation upon the public streets is not affixed
thereto, or if one or more parts which are required for the operation of the vehicle are
missing, were dismantled. are inoperative, or are not attached to the vehicle as designed.
(2) Prohibition. It shall be unfawfuf for any person to keep, store, park, or alfow
to remain any inoperative vehicle on public property, including street right-ofMway, longer
than twenty-four hours.
Section 3. Section 30.056, Code of Ordinances, is created to read:
Sec.30.056 Display of Vehicles for Sale on PubUc Property.
It shall be unlawful to park a vehicle upon public property, including street right-of-
way, for the purpose of dlspJaying such vehicle for sale,
Section 4. Section 30.057, Code of Ordinances, is created to read:
Sec. 30.057 Enforcement
In addition to any other means of enforcement provided in the Code of
Ordinances, a police officer, trafflc infraction enforcement officer, or code enforcement
inspector certified as a parking enforcement specialist is hereby authorized to Issue traffic
court parking citations for violations of sections 30.054, 30.055, and 30.056.
OrdlnlllCt No. 6196.97
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, Section 5. Sections 30.054 through 30.057, Code of Ordinances, are renumbered
to Sections 30.058 through 30.061.
Section 6. This ordinance shall take effect immediately upon adoption.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Rita Garvey, Mayor-Commissioner
Approved as to form:
Attest:
,',
Leslie K. Dougall- i s
Assistant City Attorney
Cynthia E. Goudeau
City Clerk
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C~\3
Clearwater CIty Commission
Agenda Cover Memorandum
Item II: ;
.,33'
lb'. ':J.'~q7:
. "
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Meeting Date: ,
SUBJECT: CODE AMENDMENT TO REQUIRE CERTAIN MAINTENANCE OF THE SIDEWALK
PORTION Of RIGHT-Of-WAY BY ADJACENT PROPERTY OWNERS
RECOMMENDATION/MOTION:
Pass first reading Ordinance No. 6197-97 amending Section 20.35 to require certain maintenance of the
sidewalk portion of right-of-way by adjacent property owners
[J and that the appropriate offfcials be authorlzcclto execute same.
BACKGROUND:
Chapter 20 of the Public Nuisance Code, enforced by the Community Response Team, provides for
certain prohibited accumulations on rights-of-way such as weeds, grass and trash. It does not, however,
provide for keeping the sidewalk portion of the right-of-way clear of trees, shrubs and other vegetation.
This proposed amendment to Section 20.35(2) will correct this oversight.
Reviewed by:
Legal
Budget
Purchasing
Risk Mgmt.
IS
ACM
Other
Costs:
N/A
Total
Commission Action:
o Approved
o Approved wlCondilions
o Denied
o Continued to:
Current Fiscal Year
Date: ,
Funding Source:
o Colplt.lllmpro\'tmtnh
o Oper.aUnll:
o Other:
Attachments:
PROPOSED ORD. NO.6197.97
Advertised:
City Manager
o Printed on recyclLoU ~per
Paper:
lEI Not RequIred
Affected Parties:
CJ Notified
IE Not Required
Appropriation Code
Submitted by:
o None
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ORDINANCE NO. 6197 ~97
AN ORDINANCE OF THE CITY OF CLEA 1\ TER,
FLORIDA AMENDING SECTION 20.35 T REQUIRE
CERTAIN MAINTENANCE OF THE SIDE K PORTION
OF RIGHT~OF-WAY BY ADJACENT PR ERTY OWNERS;
PROVIDING AN EFFECTIVE DATE.
WHEREAS, it is advisable to amen Section 20.35, Code of Ordinances, to
require maintenance of the sidewalk porf of street rights~f-way by adjacent property
owners in order to assure safety and c enience of sidewalk users; now, therefore,
BE IT ORDAINED Y THE CllY COMMISSION OF THE
CITY OF CLEA f\TER, FLORIDA:
Section 1. Sectio 20.35, Code of Ordina,ncas, is amended to read:
Sec. 20.35 Prohib. d accumulations.
****
(2) On abutting rights-of-way. The owner of any real property abutting any
dedicated right-of-way in the city shall be required to keep such right-of-way in a clean
and sanitary condition at aU times by keeping it free from weeds and trash of an kinds
and by keeping the grass mowed. In mowing the grass in the area designated in this
section, the property owner shall cut the grass in such a manner that the grass as
mowed does not extend over the sfdewalk, bicycle path, curbline or edge of pavement of .
an improved right-of-way by more than four inches. In addition to the above
requirements. the property owner shall keep the sidewalk portion of the riqht-of-way clear *'
of trees. shrubs. and other vegetation by providina a side cJearance of at feast two feet
from the edge of the sidewalk pavement and a height clearance of at least eight feet
from the sidewalk pavement measured vertically from the pavement surface.
Section 2. This ordinance shall take effect immediately upon adoption.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Rita Garvey
Attest:
.~
Leslie K. Dougall id s Cynthia E. Goudeau
Assistant City Attorney City Clerk
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33
ORDINANCE NO. 6197-97
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA
AMENDING SECTION 20.35 TO REQUIRE CERTAIN
MAINTENANCE OF THE SIDEWALK PORTION OF RIGHT-OF-
WAY BY ADJACENT PROPERTY OWNERS; PROVIDING AN
EFFECTIVE DATE.
WHEREAS, it is advisable to amend Section 20.35, Code of Ordlnan~s, to require
maintenance of the sidewalk portion of street rights-of-way by adjacent property owners in order
to assure safety and convenience of sidewalk users; now, therefore.
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. Section 20.35, Code of Ordinances, is amended to read:
Sec. 20.35 Prohibited accumulations.
****
(2) On abutting rights-of-way. The owner of any real property abutting any dedicated
right-of-way in the city shall be required to keep such right-of-way in a clean and sanitary
condition at all times by keeping it free from weeds and trash of all kinds and by keeping the
grass mowed. In mowing the grass in the area designated in this section, the property owner
shall cut the grass In such a manner that the grass as mowed does not extend over the sidewalk,
bicycle path, curbllne or edge of pavement of an improved right-of-way by more than four inches.
In addition to the above reauirements. the prooerty owner shall keep the sidewalk portion of the
rioht-of-way clear of trees. shrubs. and other veoetation by providino a side clearance of at least
two feet from the edoe of the sidewalk pavement and a heioht clearance of at least elaht feet
from the sidewalk pavement measured vertically from the pavement surface. Exceptions to the
reauired clearance of eiQht feet may be made for trees deemed by the Urban Forester to have
environmental siQnificance. Trimming in excess of 30 percent or removal of trees will reauire a
oermlt as specified in Chapter 52. Tree Protection. of the City Code.
Section 2. This ordinance shall take effect immediately upon adoption.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Rita Garvey, Mayor-Commissioner
leslle K. Dougall-Sid s
Assistant City Attome
Attest:
Cynthia E. Goudeau
City Clerk
Oflllnance No. 6191.97
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Agenda Cover Memorandum
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Meeting Date: I q'7,
SUBJECT: CODE AMENDMENTS TO OMIT CERTAIN SIGNAGE AND PLACEMENT
REQUIREMENTS FOR NEWSRACKS, TO PROVIDE FOR LOCATION DETERMINATION BY THE CITY
ENGINEER AND AMENDING NOTICE REQUIREMENTS.
RECOMMENDA lION/MOlION:
Pass Ordinance No. 6198-97 on first reading amending Section 28.10 to omit certain signage and
placement requirements for newsracks, to provide for location determination by the city engineer and
amending notice requirements
o and that the appropriate officials be authorized to execute same.
BACKGROUND:
Staff met with local newspaper companies regarding the Newsracks Ordinance for the purpose of reviewing
requirement~ of the ordinance. It was agreed that the following changes would be brought forward:
. deleting size restriction on signage on the newsrack for the purpose of advertising the paperj
. the code already limits advertising to the newspaper sold or distributed by means of such newsrack;
. deleting the requirement of having the name and address of the distributor on the newsrack since it has
proven to be expeditious to contact management personnel which have been assigned to respond to calls
for service;
. providing for the City Engineer to determine if the parkway surface upon which a news rack is located is
sufficient rather than requiring a 4" thick wire-reinforced concrete pad for each newsrack; and
. providing for notice of a newsrack violation hearing by certified mail.
City Manager
o Printed on recycled paper
Costs:
Commission Action:
N/A 0 Approved
Tolal 0 Approved with Conditlons
o Denied
Current fllcill Year 0 Contfnued 10:
Reviewed by:
Legal - S
Budgel N/^
Purchasing N/A
Risk Mgml.
15
^CM
Olher
Advertised:
Dale:
Paper:
Il!l Not Required.
Affected Pilrtln
l!J Notified
o Not RequIred
Funding Source:
o Capilallmllrovemenl:
o Operaling:
o Other:
Attachments:
Submitted by;
Appropriation Code
Ordinance No. 6196.97
o None
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ORDINANCE NO. 6198~97
J~
;t ,.'
AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA AMENDING SECTION 28.10. CODE OF
ORDINANCES, TO OMIT CERTAIN SIGNAGE AND
PLACEMENT REQUIREMENTS FOR NEWSRACKS. TO
PROVIDE FOR LOCATION DETERMINATION BY THE CllY
ENGINEER, AND AMENDING NOTICE REQUIREMENTS;
PROVIDING AN EFFECTIVE DATE.
WHEREAS, it is advisable to amend Section 28.10, Code of Ordinances,
regulating newsracks and vending machines, in order to provide for greater flexibility in
signage placed on newsracks and in placement of newsracks, to provide for City
Engineer review of certain newsrack placement, and to provide for more effective notice
in connection with hearing procedure; now, therefore,
BE IT ORDAINED BY THE CllY COMMISSION OF THE
CITY OFCLEARWA TER, FLORIDA:
Section 1. Section 28.10, Code of Ordinances, is amended to read:
Sec. 28.10 Newsracks and vending machines.
....
(2) Newsracks on public and private property.
Newsracks installed on public and private property shall comply with the requirements of
this subsection. In addition, newsracks installed on public rights-of-way shall comply with
the requirements of subsection (3).
(a) No newsrack shall be used for advertising or publicity purposes other than
advertising for the newspaper sold or distributed by means of such newsrack. For the
purpose of this paragraph, lIadvertising for the newspaper" includes but is not limited to
advertising for special editions or special features within the newspaper. Not mora than
ana such odvortiGing cign may be placed on n nS'.'Jerack. -and ::my euch sign ehaU not
6}(oood two roet in width and ana foot in hoight (horizontal &i9n), or ona foot in width -3Ad
two foet in height (vertical &ign). Thie po.r3graph ch::1I1 not limit tho placornont of tho n3me
of tho nO'If&p3per distributod from tho nowcrack on any number of locationc on the
ne'l/crack.
* *. *
(e) Each newsrack shall have affixed to it in a readily visible place so as to be
seen by persons using the news rack:
~ The telephone number of a working telephone selVice to call to report a
malfunction of the newsrack, to secure a refund in the event of a malfunction of the coin~
return mechanism, or to give any notice provided for in this sectionr-aoo
~ TIle nama nnd addrec& of the distributor:
. * * *
OrdInance No, 6196.97
,
3Y
(3) Newsracks on public rights-of-way. The location and placement of
news racks on public rights-of-way shall be in accordance with the following
requirements:
(a) No newsrack shall be installed or maintained upon or over any part of any
roadway or bicycle path, in whole or in part, and except as provided in subsection (d)
below. no newsrack shall be installed or maintained on or in a parkway at any location
where there Is no sidewalk.
....
(d) No newcrack shall be loc:ltod upon :my unpaved surfaco. Where a
newsrack is located on a parkway, the City Ena;neer shall review the ground slope and
surface character of the proposed location and. if determined necessary. require that the
newsrack shall be placed upon a wire-reinforced' concrete pad, four inches thick or
greater. of sufficient size to support the base of the newsrack. A newsrack shall not be
anchored to such concrete pad.
* *..
(5) The distributor may request an informal hearing pertaining to the violations.
Any such request shall be made by telephone or in writing to the city manager within the
time specified in the notice for corrective action to be taken. Any such request shall stay
the time given to cure the violation until the hearing has been conducted. the issues
raised dUring the hearing have been decided, and the decision has been communicated
to the distributor oraJly at the conclusion of the hearing. if the distributor is present. er-by
teleph&Ae and in writing. Written notice shall be deemed complete upon mailing by
certified mail. Notice of the date. time and place of the hearing shall be communicated
by telephone 9f and in writing to the distributor. Written notice shall be deemed
complete upon mailin~ by certified mail. The hearing shall be conducted by the city
manager or by a city employee authorized by the city manager to conduct the hearing
and decide the appeal. and the decision shall be deemed final. If the decision is to
uphold the detennination that a violation exists. the decision shall include the
specification of a reasonable time after notification as set forth above to the distributor of
the decision in which corrective action shall be taken.
Section 2. This ordinance shall take effect immediately upon adoption.
"PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Rita Garvey
Attest:
Cynthia E. Goudeau
City Clerk
Ordinance ND. 6198.97
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35
; Clearwater
edU
Interoffice Correspondence Sheet
To:
cc:
Michael Roberto, City Manager
Jeff Harper, Information Management Director
Mayor and City Commissioners
Kathy Rice
Carrie Huntley
September 25, 1997
Clearwater Magazine
From:
Date:
RE:
-We 'strongly recommend Clearwater Magazine be published and distributed to our
citizens. Doing this on a quarterly basis will help meet your goal to ensure the
Commission's vision and values are expressed to our citizens in concrete ways. It will
also .allow us to demonstrate our commitment to the Principles of Operation that affirm
our primary responsibility is to the community and charges us to encourage community
participation in our activities.
The City spends approximately $160 million on services and capital projects for our
citizens. We also have many excellent activities and programs that are not only fun, but
educational as well. Traditionally, it has been difficult to get these messages out in a
useful way that encourages participation.
Previously, individual depanments have published documents and sent them to people
who use their services. So unless someone already participates in one of our programs
or has cable TV, little if any, information regarding the City and the many things we do
for and offer to our citizens is available.
The City needs to be and is becoming more proactive in getting out our message.
Clearwater Magazine will go a long way to define Clearwater. It will provide up.to.date
information on activities and programs available to our citizens and highlight what is
Page .1.
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good about our community. It will also integrate all the information we want and need
to get to oUf citizens in one customer and user friendly place.
We have reviewed many newsletters, bill stuffers, and special advertising supplements.
Our search has been for a publication that will tell the great story Clearwater has to tell.
It will be informative, entertaining and most of all useful.
The Clearwater Magazine will include:
· Feature anicles on important developments and issues within the City.
· It will highlight neighborhoods.
· There will be a section devoted to the downtown.
· . The schedule of Parks & Recreation programs now published separately with limited
distribution will be included and available to all citizens.
· News about Clearwater's libraries will be included replacing the "Channels"
publication with a much wider circulation.
· The center page will be a tear~out calendar of upcoming events.
· A "Don't Miss This" section will alert citizens to the best Clearwater has to offer
during each quarterly period.
· There will be a "Potpourri Page" that includes statistics, historical information,
events and services, photos, and other tidbits of Clearwater information.
· The magazine will create a sense of community awareness and pride. It will enable
us to tell our own story.
The Clearwater Magazine is modeled after a magazine that has been very successful in
the City of Anaheim, California.
Sixty thousand copies of each issue will be printed. The magazine will be direct mailed
to all ho~eholds. Copies will be placed in libraries, recreation centers and other places
for. further distribution. Issues will be available for people planning to relocate
businesses here.
Page 2.
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The budget for the magazine is listed below.
Printing.. 60,000 copies, 4 times a year) including oversize pull out'
calendar and 15 pictures per issue. Four issues @ $26,850.
Mailing.. Mailing 55,500 presort @ $.18 each for four issues = $ 9990.
Plus 500 enclaves @ $.221 = $110.50. Labeling $5,100.
Other'mailing $200.
Four issues @ $15,400.50.
Staffing.. Information Management has requested a public relations
specialist position. This person will be responsible 'for coordinating
the mag~ine and for the majority of the writing involved. It is
estimated that one-third of this position will be dedicated to the
magazine. PR Specialist @ $ 43,000, including benefits.
Total ..
Cost per copy
76.37 Cents
35
$107,400
$ 61,602
$ 14..300
.$183..300
. Funding.. A third quarter budget amendment established a project for $130)000 for
the production and distribution of the magazine. The balance of the cost will be
funded by Vision Funding.
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Interoffice Correspondence Sheet
To:
City Commission; Management Tc~m
From:
Jeffrey Harper; Information Management Director
CC:
Department Directors
Date:
October 2, 1 997
RE:
Department funds available for magazine
During the Monday, September 29 Work Session the Commission requested a listing of
departmental funds that wi II offset a portion of the cost of the proposed Clearwater Magazine.
The available funds follow, with the publications/promotional items to be rolled into the
magaiine.
Fire Department - publications and paid advertising
Police Department ~ publications and paid advertising
Sol id Waste - publications and paid advertising
Clearwater Gas - publications and paid advertising.
Information Management ~ Full page quarterly St. Pete Times advertisement
Parks & Recreation - The Comrrunique
$13,000
$1 ,700
$2815
$5,000
$'10,000
$10,000
$10,000
$13,000
"'
Library - Channels monthly newsletter
Marina - Scuttlebutt newsletter and Beach Views ads
Total 65.515
The funding for the magazine is:
General fund savings -
Offset from other publications
Total
$117,785
$65,515
183,300
Photography, design and layout will be done in-house.
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See. d ((\.4 d~-\-e. d. 9/~s/97
16t33
FR01t PC f\.Ft.Nlt-G co..N: IL 1313- ~q.:!827
TOI~9172 .
I A but to be entitled
:I An act relating to PindW County, F1orida~ providlnS
3 (or the aamexatlon or certain enclaves within tI1e
.. munidpaUUes or PincUu CQunt)'t providing (or the
5 dellnltlon,' and procell for at1ntxatlon. of wd
6 endava; pravlding for prerc:qulsitt. to the: ut.lllzation
7 of this proc.cu. provldlni for fit\andal Jncentlves by
I the munidpalJt1cs; plovJdlng lot exemptlons;
9 provicUtlg for the 5unset of the ad.; and providlng for
10 an dIect1ve date.
11
12 Be It Enacted by cl\e Legislature of the State ot Florida:
13
1.. Aect.ton 1. Sf)ort nt~ ThIs chapter shaU be known and may
15 be cited as the "Act to Provide For The Anl'leutJon ot Ceru1n
16 Endaves In PlnetJas Cout\ty".
17 S~ctJOl' 2. BA-C'~und~ Consistent w.ith the expressed
18 polley of the State to elimInate enclaves. as ~t forth In Chapter
19 171.046 (1), f.S.. the Plne1las County legislative 'Delegation
20 established an Annexation Study Committee. The Ot1egatlon
21 Annexation Study Committee has conducted pubUc meetings and
22 receIved detailed reporU and tnput that have tstabUshed the
23 following:
24 2.1. Celu1n small mdaVC$ ue a ,Ignificant problem or. Jong.
~5 .st....dIng nalute 11\ Plndlu County.
26 2.2. The txistfng provisionf of Jaw an: InAdequate: IUld have
11 not been able to re.Kl!vc: the probltm ametmlng such small enclaveI.
28 2.3. The contlnu,.tJon 01 CClUin ,mall end.va Is
%9 counlctproduct1vc to effective growth management and 1M
JO atralihtfonvard provision of unUonn and complete \lrban seMCCI.
31
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f-{). 671 002
~Hi2'0(i
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7
8
9
10
11
12
13
14
15
16
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20
21
22
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2.6
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16:33
FRO'1: PC F'l.FN>IINi cn.tc%l. 81:J -464 -3f3a1
TO: 973491'7~
2.... The cum:nt plttern of unlneotporlLud IMan enclaves
5Wl'oundcd by an lntorporatcd munldp~ jurisdIction I. confutlng.
lndlldent and rcaulu In dlJpatale regulatory ~d servlte ptovblcms.
~iQn 3. ~~ tt 1. the purpose of thls AJ::t to provSde
& llm1tcd>> one-time aolutlon to the problem of cndavd in PlnI!!ILu
Co\U\ty. Florida by enabUng a tnunlclpal Jurisdletlon to aMe'JC
certain enclaves, subject to the: paramctcf1 hereIn tet forth. And
dbtinct hom the requirements let. forth In Chapter 111 .F.S.
Sccti~. A\lth9rl~ The munldpal Jwildtetions withIn
PmeUu CoW\ly shall have the authority to annex. by munidpal
ordlnlln~ endavea lurtoundc;d by the re5~ve munldpal
)uri4dlction In a<:c.ordance with. and Usnited to, the rollowiJ'g:
4. l. ThIs kt shall apply only to Type A endavea in existence
on the effect1ve date of LhiJ Act. Type A tnclavC$ shan be deflned
eot\Slstent with enclaves as described in Chapttf 171.031 (1')(a),
F.S.
-4.2. Type A ~davel that are three (3) am. or leJlm site.
not othuwisc exempt under Section B of thl. Act. may be annexed
by the surroundIng mU1\ldpal Jurisdiction upon notice. pubnc
hearing and adoptlon of the requllJte ordlnanee In accordance with
the otherwise appUabfe pt'OVis1ons of mW\ldpaJ law IS 6ellorth In
Olapter 166.041, F.S.
41.9. In exerdstng the authority under this Act, uch
munIcipal )wi$d1ctJon shall detettn1nc the tllglbility ot. and legal
desaiption (or. eAch Type A endave to be annexed through the
pcesc.ribcd municipal ordtnance adoptIon pr<<esl 4$ set forth In
Cluptet 166.041. F.S.
Sealon 5. PJ:crequislt~. The AUthOrity lor munldpal
annexation provided under th11i1 Act ,hall be subject co tile
following:
-2.
NJ. G?l 003
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I S.I. No additional Type A enclave ,hall be Q"Cated
2 IUbscqOOlt to the dCectJve cbte of tN. Act. In order to' ensure that
3 no such additional enclave. wlU be acated. aU annexation. during
4 the dCmlvc period of thb Act._ ah~l1 ~ revlcwtd by t.he PineU..
S Plannlnl Council and Cow'\tywlde PLuuUng Authority who ,hAll
6 mm a deturnlnaUon that uch AMt.XaUOl\ Is cONbtent with th1J
7 provision. In the tvtlll that any IUch Type A wdave I, treated
. subs.cquenl to the: ef(<<tJve date of thlJ Act. the authority and
9 pcoYbiooJ 01 this Act sN1l not be appUed to allow (or It, annexation
10 here:under.
11 5.2. The authority and plovldonl of the Act s!WI only be
12 available to, and uliUud by. a municipal JurisdIction that hal
13 e.stablishtd a mD\pl~tdy ddincd and exclusive pWu\ing area In
14 ~dana: with the appUcable provisions of Chapter 163.317 J. F.S.
IS All annexations .uthori~ed UJ1dcr this Act ffiU$t be: within the
US defined. exclusive prannlnl area of the respective munldpal
11 Jurisdiction cllectlni the annexation.
11 S .3. The munldpal jurbdlctJon Initiating an -.nncxa\(o"
19 proctdun: under this Act sIWl detenn1ne that it hu the opabmty
20 to provide the requLsJte urban services to the area to be annexed b\
21 a timely m3t\l\Ct, COrubtCr\l wiw the esublbhtd need and an
22 Identified schedule for aatd service.
2) Sec:tlon 6. Fin~fI lncen\,vn. In ordct for .
24 munldpaltly \0 cxer~ w authority provided for under this Act,
25 lhc munfdpaJ JurisdIction ,Jull establish a series of lhundal mufti
26 by which to tnItlgatc any one.Ume com ~UcabJc: to an ai'ting
27 developed property, whlth II'lCtf\tlva "'aU Include the roJlowfna:
21 6.1. The munldpa1lurlsdJct1on ,hall pay for aU of the InlUal
29 cost of u\endtnl public watu and sewer RrvlCC to a property no<<
30 <urtentJ)' provided luch aavlc:cls).
11
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I 6.2. The munldpaJ Jurlsdlc.1k>n dWI pay the total coat of any
2 appUcabJe Impact fcc:s for exbtJn& ltnK:1urC..
) 6.3 The mW\JdpaJ jwifdlctJon shall esubllJh I payme"t plan
4 to ~in the property ownu with the owne.... mare 01 any .ppUeabJe
S impact (~, whIch pravblons may Include, but an not Umited to, the
6 Collowini:
7 (a) A payment plua whIth allows fot payment of appUabJe
I Impact fees OR a regular basIl over an extended pctlod or tlme~
9 (b) Provision for delayed paymCt\t through a lIen on real
10 property whIch lien would be satlsfied at a Ipcdftcd fut\R d~te or
11 upon transferor sale of the property, whlchcvu were to occur Am.
, 12 6.4. The required munldpal cost-sharing arrangement and
J] payment plans shall be tlubUlhtd by each munldpalhy In
14 comidentJon of the size of the: area and number of ~topett'cs to be
JS served, the timing of the $trvlces to be provided and the total and
I~ proportionate miUe of .uch COlt.. to UJUI'C A rAJr and baJanced
17 fonnula that doa not W'tduly burden an indlvidual propctty owner.
l' .&gJo~ 7. I"t~r~tatlon. nul Act shall be construed to be
1~ consistent with and further ,he pUIp'OJe of Chapter 171. f,S"
20 fdW'li.ds!!l M~atJo" or ContnctJoll and the: Home Rule Chartc:t
21 Cot PinclJas Cout'ty. florida. Nothlnl hudn shall bc= construed to
22 IlrnJt the avalhbiUty of the otherwise applicable provisiON of
23 Chap!er 171.044. f.S.
2' 1.1. Defln1tJons of words and kmU used herein shaJl ~
2) consistent with the definItions contained In Chapter 171.0~J. P.S.
26 ion. ^ mWlidpaJ iutlldict10n withJn
21 Pint1Jas County shan be prohibited rrom annexing by munJdpa)
2. ordinance any unincorporated atrIA that conUins mo~ than 1.000
29 residential dwdling units managed or to be managed by . lingle
30 condominium usodadon.
31
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ic;gJ90 9. Sunset ProvisIon. Thll Act is duil"cd to address
the exlstlnc enclave problem In PlneUas Coun\y and to aJlow
lu(fldcnt time for. Itnlcturcd and equitable .olution to be put In
pl.ce. Sections 1 through 1 or ,hi. AC\ mall vcplrc and be of no
rurther (Olte and effect on June 30. 2000.
S<<tJon 10. ~enbmty. It Is decWcd to be the Intent or the
State Ugisbtutt that if any section, subsection or provision of this
Act 11 held Invalid by ~y court of compett!Jlt Jwisdict.ion. the
remalnder of the Act .hall not be affected.
~dlon 11. Effective Date. Thls Act shan uke effect upon
betomlng . law.
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~ PINELLAS PLANNING'COUN6t~
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Iii follow.up to.the Councirs discussion and direction at our Septe.mhfi ~.eeting, I have
, p~ared and enclosed the following for your infonnation and revi~ ", \.. ".:';' ....,
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. ;>:;,.,' i. Draft of Enclav~ Bill ,';;th proposed Revisions; and . . .. ";\~~:f.,;,;:r,;,
, :::'.~' .. 2. Enclave Issues Summary . .~~ ~ .! ,
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~.'. ~ Witll respect to the draft bill, I have 'iden~fied specific changes relat:ed to endave. s~~. ,,::
..::.;: '-;,:'~J!9 acres ~ 3). finanda1}n~~v~,Q~~~ Impact fees),. except1~~ (ll~~:~ ~~~i:;',~;>;
~:,:~>:i.::.:.~:I?,UI.o~y) and s~~t date,,(ail~additl~nnJ.year) tha,~.l belieVe.~~,th~ thoughtS,of ~~l:.~'::;.. ;-,
. '''~;::;' '. :'t:O'undl, Whu~ "frYing to work Withifl'th~;"&ameWOrk of the' draft bill..' ProP95ed iulCUti'on(:':': ~:',,: ,;,'
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, .,; are un CllUl all cuons p,uCU utr6t1gt ',',. '., ,'.. .",. '\'1 "",'," ,,',:,. t. .,' :..'1, ...,".~.;,.. ~
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'~th respect.~ the IssUes .SUnunar)r, I. wanted ~.~ and .reduce t<? ~ting some'keY:,;.f:,j,~""
. po.lntsJn sup~~ o( ~~ propose~ ~gesJoth~ draft bill, 'as'.~ ~',~ addr~ ~~ti"",:" '~".'
ba'~t:~und isSue 'of ,-Sdf-deteimirtatlon.- ,~:Ho' 'efully, this kind,of:'5\imm ' will be:\~~L.'.:,.,
.~..U. ,", .". 1.." ,. '. .1':- ", .", P, ., ~.. .,.. './, ary. .' ,.'."';f'f:O:,. .
.~eJp~\ ~ p~n!lng ,~~. CoW\~n's; ~Ir:a~.. ~(yi~..,ln supp<?~ ~r :~~, legi~~atio.~ .an~. .i~:;,~:" :::~~.'::'
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Please let me know yom- thoUghts, aD<On p3rtIcW8r'whdher'yo\ithbtk: tlils" iSsues oudiile~:'.~:,':' .
accum~ represenu the' CoUncil's bOsttloiL' ':' " ,. .' . .-. :;: ::",.' ;,~;::..~t,,;: \': ..', . . :,~~~.~~/:;" '.
:...~ .... ':1 ~1.r~::1\~al ~'. to'. :l'\',:fJi./f;;..':;l,!;:',,:.;;.. . i:..tj.',',:..'.;': ':,;', ; '. ~A.:_.:
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14 SO. FT. HARRisON AVE.,' slifrE '301'0' ~. CLEARWATER, FLORIDA 3375a ~ :. ,
TELEPHONE (81~) ~ FAX (813) 464-3827.. OV €:r
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To:
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MEMORANDUM
COUNCIL MEMBERS
Councllmembor Chuck Williams, Chm.
CorrrnIssloner Tom Osborne, VIce Chm.
Mayor George M. Jlrotka, neas.
Mayor Tom De Cesaro, Sec.
CommIssioner Karen Brayboy
Mayor David C<7jner
School Board Member Barbara J. Crockatt
. CornrnlssJoner Don Flekh&r
Commlssloner Jean HaI\IonIen
Councllm8mber Robert Kersteen
Councllmeffibei Jeffrey'S8ncI&r
CommIssioner Karen Seet
CorllmIsakMlar Barbara Sheen Todd
P.P.C, Annexation Subcommittee
Commissioner Jean Halvorsen
. COlnnUssloner Tom OsbOrne . .
. COlllIJlissioner Karen'Seer~',~:'".. '.
.; '.~ . ~ . 'r~:.';;-;:::: ..
David P. Healey --JW
David P. Healey, AlCP
Ex8cutfw D1mctor
COuncilmember Chuck' williams,
PPC Chairman '.
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.. COPIES TO:
. COMMISSION
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CLERK I ATTORNEY
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Follow,:Up. o~ Enclave Bill' :.:' :;.:.
September 24, 1997
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Page 2
, September 24, 1997
I am in the process of scheduling a follow-up meeting with each of the members of the
Delegation Study Committee and it is my intent to share these materials with them
unless you suggest otherwise.
. We have also prepared a detailed b~ of the impact and connection fees for each
city arid the eStimated total cost of these fees based on how many residential units in the
, Type A enclaves would need to be connected to the public water and sewer systems.
. respectively. nus data has been forwarded to each city for their review and comment,
with a copy'to you under seperate cover. The objective is to give us a definitive dollar
estimate of the cost 'of undelWriting all or some portion of these fees as has been
, suggested in the draft bill.
Thanks for yoUr continued assistance.
LW$IlRS\~V!$\SUNCYL11U'PC
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Draft of Local Bill
" Re': Annexation of Enclaves
with Proposed Revisions 9/25/97
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1 A bill to be entitled
2 An act ~ating to Pinellas County, Florida; providing
3 for the annexation of certain enclaves 'Within the
4
5
6
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12 Be It Enacted by the Legislature of the State of Florida~
13
14 Section 1. Short TItle. This chapter shall be known and may
15 be cited as the &lAct to Provide For The Annexation of Certain
16 Enclaves in PineUas County".
17 Section 2. Background. Consistent with the expressed
18 policy of the State to eliminate enclaves, as set forth in Chaptet
19 171.046 (1), F.S., the Pinellas County Legislative Delegation
20 established an Annexation Study Committee. The Delegation
21 Annexation Study Committee has conducted public meetings and
22 received detailed reports and input that have established the
23 following:
24 2.1. Certain small enclaves are a significant problem of a long-
2S standing nature in PinelJas COw:'ty.
26 2.2. The existing provisions of law are inadequate and have
27 not been able to resolve the problem con~ng such small enclaves.
28 2.3. The continuation of certain small enclaves is
29 cO\mterproductive to effective. growth management and the
30 straightfotw'ard provision of unifonn and complete urban services.
31
munidpalities of Pinellas County; providing for the
definition, and process for annexation, of said
enclaves; providing for prerequisites to the utilization
of this process; providing for financial incentives by
the municipalities; providing for exemptions;
providing for the sunset of the act; and providing for
an effective date.
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1 2.4. The current pattern of unincorporated small enclaves
2 surrounded by an incorporated municipal jurisdiction is confusing,
3 inefficient and results in disparate regulatory and service provisions.
4 Section 3. Purpose. It is the purpose of this Act to provide
5 a limited, one-time solution to the problem of enclaves in Pinellas
6 County, Florida by enabling a munidpal jurisdiction to annex
7 certain small enclaves. subject to the parameters herein set forth,
8 and distinct from the requirements set forth in Chapter 171 ,F.S.
9 Section 4. Authority. The municipal jurisdictions within
10 Pinellas County shall have the authority to annex, by municipal
11 ordinance, enclaves surrounded by the respective municipal
12 . jurisdiction in accordance with, and limited to, the following:
13 4.1. nus Act shall apply only to Type A enclaves in existence
14 on the effective date of this Act. Type A enclaves shall be defined
15 consistent with enclaves as described in Chapter 171.031 (13)(a),
16 F.S.
17 4.2. Type A enclaves that are three (3) ten (10) acres or less
18 in size, not otherwise exempt under Section 8 of this Act, may be
19 annexed by the surrounding municipal jurisdiction upon notice,
20 . public hearing and adoption of the requisite ordinance in accordance
21 with the otherwise applicable provisions of munidpallaw as set
22 forth in Chapter 166.041, F.S.
23 4.3. In exercising the authority under this Act, each
24 municipal jurisdiction shall detennine the eligibility of, and legal
25 description for, each'Type A enclave to be annexed through the
26 prescribed municipal ordinance adoption process as set forth in
27 . Chapter 166.041 t F.S.
28 Section S. Prerequisites. The authority for municipal
29 annexation provided under this Act shall be subject to the
30 following:
31
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1 5.1. No additional Type A enclave shall be created
2 subsequent to the effective date of this Act. In order to ensure that
3 no such additional enclaves will be created, all annexations during
4 the effective period of this Act shall be reviewed by the Pinellas
5 Planning Council and Countywide Planning Authority who shall
6 make a determination that each annexation is consistent with this
7 provision. In the event that any such Type A enclave is created
8 subsequent to the effective date of this Act, the authority and
9 provisions of this Act shall not be applied to allow for its annexation
10 hereunder.
11 5.2. !he authority and provisions of the Act shall only be
12 available to, and utilized by, a municipal jurisdiction that has
13 established a completely defined and exclusive planning area in
14 accordance with tlle applicable provisions of Chapter 163.3171, F.S.
t 5 All annexations authorized under this Act must be within the
16 defined, e.x~Usive planning area of the respective municipal
17 jurisdiction effecting the annexation.
18 5.3. The municipal jurisdiction initiating an annexation
19 procedure under this Act shall determine that it has the capability
20 to provide the requisite urban services to the area to be annexed in
21 a timely manner, consistent with the established need and an
identified schedule for said service. In particular. each municipal
jurisdiction shall prepare a plan for the extension of public water
24 and/or sewer service to those properties 'to be annexed under the
25 authority of the Act that are currently without such service(s). This
26 plan for extension and subsequent connection to the public water
27 and/or sewer system(s) shall allow any existing, built structure the
28 option of connection to the public system(s). upon the service(s)
29 being made available by the municipal jurisdiction or designated
30 service provider. as follows:
31
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1 !!1 upon the request of the property owner; or
2 ill when the ~stin~ private system(s) fail or otherwise
3 need to be repaired or replaced. the cost of which repair or
4 replacement exceeds one-ha1f( 1/2) the cost of the public system(s)
5 impact and connection fees; or
6 kl when title to the property is transferred;
whichever of these three options were to occur first.
S Section 6. Financial Incentives. In order for a
9 municipality to aercise the authority provided for under this Act.
10 the municipal jurisdiction shall establish a series of financial means
@ by which to mitigate anyone-time municipal costs applicable to an
@ existing. built structure, developed property. which incentives shall
13 include the following:
14 6.1. The municipal jurisdiction shall pay for all of the initial
'15 cost of extending public water and sewer service to a property not
16 currently provided such service(s).
6.2. The municipal jurisdiction shall pay not less than one-
half( 112} the total cost of any applicable impact and connection fees
· for existing. built structures.
20 6.3. The municipal jurisdiction shall establish a payment plan
21 to assist the property owner with the owner.s share of any applicable
impact and connection fees, which provisions may include. but are
not limited to. the following:
(a) A payment plan which allows for payment of applicable
impact and connection fees on a regular basis over an extended
period of time; and
27 (b) Provision for delayed payment through a lien on real
28 property~ which lien would be satisfied at a specified future date or
29 upon transfer or sale of the property. whichever were to occur first.
30
31
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1 6.4. The required municipal cost-sharing arrangement and
2 payment plans shall be established by each municipality in
3 consideration of the size: of the area and number of properties to be
4 served, the timing of the services to be provided and the total and
5 proportionate share of such cost, to assure a fair and balanced
6 fonnula that does not unduly burden an individual property owner.
7 Section 7. Interpretation. This Act shall be construed to be
8 consistent with and further the purpose of Chapter 171, F.S.,
9 Munidpal Annexation or Contraction and the Home Rule Charter
10 for Pinellas County, Florida. Nothing herein shall be construed to
11 limit the availability of the otherwise applicable provisions of
12 ,Chapter 171.044, F.S.
13 7.1. Definitions of words and terms used herein shall be
14 consistent with the definitions contained in Chapter 171.031, F,S.
15 Section 8. Exemption. A municipal jurisdiction within
.Pinellas Co~ty shall be prohibited under the terms of this Act from
invohmtarily annexing by municipal ordinance any unincorporated
18 area that contains more than 1,000 residential dwelling units
19 managed or to be managed by a single condominium association.
20 Section 9. Sunset Provision. This Act is designed to address
21 the existing enclave problem in Pinellas .County and to allow
22 sufficient time for a structured and equitable solution to be put in
@ place. Seetions 1 through 7 of This Act shall expire and be of no
24 further force and effect on June 30, ~200 1. This Act shall not
@ be amended or extended.
26 Section 10. Severability. It is declared to be the intent of the
27 State l.egislatW"e that if any section, subsection or provision of this
28 Act is held invalid by any court of competent jurisdiction, the
29 remainder of the Act shall not be affected.
30 Section 11. Effective Date. This Act shall take effect upon
31 becoming a law.
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ENCLAVE ISSUES SUMMARY
Introduction
The purpose of this issues summary is to identify and highlight the reasons for several
suggested revisions to the draft local bill considered by the Legislative Delegation
Annexation Study Committee at its public meeting of September II, 1997.
The principal proposed revisions to the draft bill are as follows:
. Address Type A enclaves of ten{ 1 O)acres or less;
. Allow for the incremental connection of existing structures to public
water/sewer systems; ,
. Provide for an equitable. shared payment of impact and connection fees;
. Clarify and limit the exemptions; and
. Extend the sunset date and stipulate the Act shall not be amended or
extended,
The issues summary also addresses the underlying issue of "self.determination". in.an _u.___
attempt to provide a more balanced perspective of this issue.
Enclave Size
The inventoxy and analysis of enclaves supports legislation that includes Type A enclaves
often(lO) acres or less. At 10 acres or less, the legislati?n would include 307{83%) of
the 371 Type A enclaves; while affecting only 473 of the 3,384 acres and 1,301 of the
9,603 persons in Type A enclaves.
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A threshold of 10 acres is also supported by the distinction in existing law (Chapter
171.046, F.S.) that provides for involuntary annexation by interloca1 agreement at 10
acres or less; and is further supported by the inventory of water/sewer service which
shows that approximately 81 percent of the residential units in enclaves under 10 acres
are not connected to the public sewer system and 46 percent are!1Q!. connected to the
public water system.
By allowing for annexation of enclaves of ten( 1 0) acres or less, the legislation would:
· Enable the majority of Type A enclaves to be incorporated within their
respective city boundaries;
· Provide public water/sewer service in areas where significant numbers of
residential units are not now served; and
· Mfect relatively few people and a small percentage of the total acreage in
Type A enclaves.
Simply said it would address the small, fragmented pockets of unincorporated area which
comprise the most obvious problem, while leaving'those unincorporated enclaves,larger-----------' ---
than 10 acres in size intact.
Financial Incentives
It is proposed that the annexing dties pay the entire cost of extending sewer and water
lines to serve the areas to be annexed and one-half( 1/2) the cost of any impact and
connection fees. nus is not only fair, but generous on the part of the cities, for the
following reasons:
2
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. In most other circumstances. a property owner must share in the cost to
extend sewer/water lines to serve a particular property requesting service
that is not otherwise available. In this instance. the city will pay that
entire cost;
. Impact fees are designed to offset the specific marginal cost of the
particular service or system attributable to each additional property
connected. To require the city residents who have already paid not only
their fair share, but in a real sense the carrying cost of the system in order
to provide the capacity to accommodate the enclaves, to now subsidize the
entirety of the enclaves share of this system. is truly inequitable.
Remember, there can be no waiver of the impact and connection fees. The
impact and connection fees must ~ paid to the designated fund providing
for the particular service and any reduction or subsidy granted to the
annexed properties must be paid by the existing city taxpayers.
. The proposed addition of' a C4grandfathering" provision which allows
existing. built properties being annexed to keep the private sewer and/or
water system in place until (I )they choose to connect to the public system;
(2)the private system fails or needs substantial repair; or (3)the property
is sold. mitigates any immediate financial impact to the property owner;
. The proposed availability of alternative payment plans further reduces any
immediate one-time burden on the property to be annexed;
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. Further, since some properties within enclaves are already sexved by public
water and/or sewer, for which they may have paid impact and connection
fees, not all properties in the less than 10 acre enclaves need to be
connected to the public system and thus will not be faced with any
additional costs related thereto; and
. Fmally, the value of the annexed property will most likely increase because
of the connection to the public utility system(s). In all fairness, at least a
portion of the cost that produces the increased value should be borne by
the property owner.
Exceptions
if it is necessary at all to reinforce the applicability of the bill to only those Type A
enclaves under the designated threshold size, specified exceptions should clearly apply
only to the extent of this bill itself and expire with the remainder of the bill. In making
clear that certain larger properties cannot-be-annexed-under'the terms of this bill, n.o
continuing special privilege should be granted outside the otherwise applicable general
law.
. Expiration
In order to properly plan for and cany-out the several prerequisites of the bill, it would
be particularly helpful to have three(3) years to implement the provisions of the bill prior
to its sunset. If we anticipate an effective date of mid- 1998, it is recommended the bill
not be sunset prior to mid-200 I in order to allow for an orderly and well.considered
.implementation process.
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Rieht to Self Determination
Since objections have been raised to the proposed legislation based on the pl'eceived
"right" to self-determination, it may be helpful to examine this issue.
There is no inherent "right" to absolute self.determination in the matter of annexation.
The right of an individual property owner to choose to join a city or remain in the
unincorporated area is not an absolute right. but rather one that must he balanced
against the larger good of the majority in the community of which that property owner
is a part.
Our democratic system is based on majority rule, but the fact of the matter is that the
current provisions of Florida's annexation law don't provide for that majority view or
rule. Rather, it allows individual property owner(s) located in an enclave to frustrate and
subvert the will of the majority. This ability of a small minority of property owners to
impede the will of the majority is all the more onerous when this minority interest is
subsidi~. both directly and indirectly, by the majority as represented by the residents
in the surrounding municipality.
It is neither logical or equitable that someone located in the middle of what is clearly the
community of Dunedin or Largo, for example. can unilaterally decide that they do not
want to be a part of that municipality.
An examination of how other states and the courts have treated the issue of self.
detennination helps to put it in p"'JSpective.
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A number of other states recognize the need to balance the interest of the individual
property owner with the interest of the larger community. The following stat~, for
example, provide in some form for the involuntary annexation of enclaves:
. Oregon .. Oregon Rev. Stat. Sec. 222.750 (1985)
. Colorado - Colorado Rev. Stat. Sec. 31-12-106 (1986)
. Idaho - Idaho Code Sec. 50-222 (1988)
. Kansas - Kansas Stat Ann. Sec. 12..520(a)( 4) (Supp. 1990)
. illinois- Illinois Ann. Stat. Ch.24, Sec. 7-1-13 (Smith - Hurd
1990)( <60 ac.)
. Indiana - Indiana code Ann. Sec. 36-4-3-1 to 24 (Bums 1981
and Supp. 1990)
. North Carolina - North Carolina Gen. Stat. Sec. 160A-33-42 and 45-51
(1987 and Supp. 1991)
. Oklahoma - Oklahoma Stat. Ann. TItle II, See. 21-103 (West Supp
1992)
. ---~ .'-" ~- .
. Tennessee - Tennessee Code Ann. Sec. 6-51-102 (Supp. 1991)
. Texas- Texas Local Goy't. Code Ann. Sec. 43.021 (West
1988)
In addition, an article appearing in The Urban Lawyer, Vol. 24, No.2, Spring 1992
entitled "Rethinking Municipal Annexation Powers~ I noted the following with respect
to the principle of self-determination:
J Rethinking Municipal Annaation Powers by Laurie Reynolds,Professor of Law,
University of Illinois College of Law. Published in 771e Urban Lawyer. Vol. 24, No.2
Spring 1992.
6
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"
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"Perhaps th~ strongest motivating forc~ in d~t~rmining th~ shape of
state annexation statutes is the notion that individuals should have
the right to choose the government und~r which they live. Close
examination. howev~r. rev~als that the principle simply does not
justify granting virtual veto power to resid~nts in outlying areas who
object to municipal annexation. Thos~ who live on the fringe of a
municipality have in fact exercised th~ir right of self-determination;
they have chosen to live in and be apart 'of an urban area. Having
made that choice, the municipality's exercise of its annexation
power would merely confirm the reality that this land is already
urban. The nonresidents on th~ fringe should no more have the
powu to opt out of the responsibilities of urban life than should city
residents be able to claim an exemption from taxes to support
. services they do not use. ,In many instances. then. the self.
determination principle merely provides nonresidents a way to
protect themselves from assuming the burdens. while letting them
enjoy the benefits. of being part of a municipality."
(Emphasis added)
This issue was also addreSsed by the North Carolina Municipal Government Study
Commission2 which stated:
"We do not believe that an individual who chooses to buy a lot and
build a hous~ in the vicinity of a city thereby acquires a right to
stand in the way of action which is deemed necessary for the good
of the entire urban arean.
nus same principle, that the interest of individual property owners cannot be served at
the expense of the larger community, was noted by the Florida Supreme Court in,
Gillette V5. City of Tampa, 57 So. 2nd27. quoting from Henrico Co. y!:. City of
Richmond, 177 Va. 754,15 S.E.2nd 309,321,
2 Report of the North Carolina Municipal Government Stilt!? Commissum. in Selected
Materials on Municipal Annaation 36 (Wicker Ed., 1980)
7
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"Moreover, it is no answer to an annexation proceeding to assert
that individual residents of the county do not need or desire the
governmental services rendered by the city. A county resident may
be willing to take a chance on police, fire and health protection, and
even tolerate the inadequacy of sewerage, water and garbage service.
As long as he lives in an isolated situation his desire for lesser
services and cheaper government may be acquiesced in with
oomplacmcy. but when the movement of population has made him
a part of a compact urban community. his individual preferences can
no longer be permitted to prevail. It is not so much that he needs
the city government, as it is that the area in which he lives needs it."
(Emphasis added)
Summary
The draft bill, with the proposed accompanying changes, is a necessary, fair and limited
solution based on documented conditions, existing State policy and legitimate precedent
that will allow the dties to better control their destiny, provide essential public services
, .
and baJanc~ the interests of the citizeruy in both the incorporated and unincorporated
areas of Pinellas County. It is essentially a means of correcting a fundamental flaw in our
governmental structure that will provide a more sensible arrangement for the delivety of
public services in highly urbanized Pinellas Co~ty.
II\U5EJU\WPOOC$\DPtNHC1AVlSlSUMMMY.922
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C \ K ;;;L. APPOINTMENT WORKSHEET
FOR COMMISSION MEETING October2, 1997 APPOINTMENTS
31
Agenda #_
BOARD Airport Authority
TERM: 4 Years
APPOINTED BY: City Commission
FINANCIAL DISCLOSURE: Not required
RESIDENCY REQUIREMENT: City of Clearwater
Special Qualifications: None (5097~91)
MEMBERS: 5
CHAIRPERSON:
MEETING DATES: 1 st Wed., 3 pm
PLACE: Commission Chambers
APPTS. NEEDED: 1
DATE APPTS TO BE MADE: 10/2/97
THE FOLLOWING ADVISORY BOARD MEMBER{S) SEAT(S) NOW REQUIRE EITHER
REAPPOINTMENT FOR A NEW TERM OR REPLACEMENT BY A NEW APPOINTEE.
Name
Date of Original
Appointment
Attendance
Record
Interest in
reaopointment
1. Vacant Seat - Stephen Bils resigned
person appointed will begin immediately and have term to 9/30/2001
'1
THE FOllOWING NAMES ARE BEII'1G SUBMITTED FOR CONSIDERATION TO FILL THE ABOVE
VACANCIES:
Name-Address
Comments-Related Exoerience, Etc.
1. Robert lunt
833-C Keene Rd, N., 33755
prior work (15 yrs) w/Cessna Aircraft
Co.,current work wlaircraft sales & mgmt
2. Mike Palouian
1320 Summerlin Dr., 33764
past member Parks & Rec Board
3. H. Virginia Robinson
1005 Amble In., 33755
Nurse, Red Cross Volunter
4. Dennis Roper
995 Lake Forest Rd.,33765
past member this board
5. Ronald Streicher
2087 San Marino Way N., 33763
works with Young Eagles Program at airpark
Zipcodes of current members on board:
1 at 33756
1 at 33763
2 at 33765
1 vacant
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ORDINANCE NO. 6194M97
39"
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA
RELATING TO THE ENVIRONMENTAL ADVISORY BOARD;
AMENDING SECTION 2.160, CODE OF ORDINANCES, RELATING TO
MEMBERS; PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. Section 2.160, Code of Ordinances. is amended to read:
Sec. 2.160. Creation; membership.
(1) There is hereby created the environmental advisory board of the City of Clearwater.
(2) The board shall consist of five caven members who are residents of the city.
(3) Appointments shall be for a term of four years. A member. including a member
initially appointed for a term of less than four years may be reappointed for not more
than one additional term. Members shall serve without pay.
Section 2. This ordinance shall take effect immediately upon adoption.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Rita Garvey, MayorMCommissioner
Approved as to form:
'~In. City Attorney
Attest:
Cynthia E. Goudeau. City Clerk
OrdlnllJ1cc 6194 .97
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ORDINANCE NO. 6195-97
3or6.
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA
RELATING TO THE LIBRARY BOARD; AMENDING SECTION 2.192,
. CODE OF ORDINANCES, RELATING TO MEMBERS; PROVIDING AN
EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
'CLEARWATER, FLORIDA:
Section 1. Section 2.192. Code of Ordinances, is amended to read:
Sec. 2.192. Composition.
The library board shall consist of g .:t4 members, all of whom shall be permanent
residents of the city.
Section 2. The membership of the Board shall be reduced upon the expiration of the
term of each of the next two members. This ordinance shall take effect upon adoption.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Rita Garvey, Mayor-Commissioner
Approved as to form:
Attest:
J)L{
Pamela K. Akin, City Attorney
Cynthia E. Goudeau. City Clerk
Ordinance 619S.97
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40
MEMORANDUM
FROM:
Honorable Mayor and City Commissioners
Pamela K. Aki!. ~ty Attorney
TO:
RE:
Ewa Skowronek, as Widow and Personal Representative of
Estate of Wieslaw Skowronek, Deceased, and Ewa Skowronek,
individually, v. City of Clearwater. Clearwater Police Department.
and John Smith, individually and as a police officer of the City of
Clearwater - United States District Court Case No. 97-2293-Civ-T-99E
I,
DATE:
September 29, 1997
Please be advised that the City was served with the above lawsuit.
BRIEF SUMMARY:
This is an action for damages for the alleged violation of decedent Wieslaw Skowronek's
Constitutional rights under the 4th, 5th and 14th amendments. Mr. Skowronek died after his
arrest by Clearwater police officers at the Virgin Mary image at Drew Street and U. S. 19.
I am 'requesting authorization to assign the defense of this lawsuit to James B.
Thompson, Esquire, of the the lawfirm of Thompson, Goodis & Thompson.
PKA:jmp
Copies:
Michael J. Roberto, City Manager
Leo Schrader, Risk Manager
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Interoffice Correspondence Sheet
To:
Vice Mayor J. B. Johnson
Commissioner Bob Clark
COPIES TO:
COMMISSI(,N
OCT 0 2 1997
Commissioner Ed Hooper
Commissioner Karen Seet
From: Mayor Rila Garvey -tf'..c.t.:... ~
CC: Michael J. Roberto, City Manager
Date: October 2, 1997
RE: Saturday in the CitylFarmer's Market
i"'rll.;-.).;:1
CLERK I ATTORNEY
The Farmer's Market !Saturday in the City were events that were designed to bring people
downtown. It has been held in Station Square Park since November 1995 with the City's
monetary support.
For 1995 and 1996 the City awarded the Farmer's Market/Saturday in the City $10,000 to
assist in this effort of the revitalization of downtown and $5,000 in the Spring of 1997.
There is approximately $2,100 left to begin the season this fall. However, I have
discovered there has been no allocation from the City to assist in its continuation.
The opening date is October 18th and is scheduled to run through May. With the
opening of the Pinellas Trail, it promises to be even more successful.
I request that $5,000 be allocated for the continuance of this downtown event.
RGlcb
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. Peliminary Agenda
(Worksession) '.
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PRELIMINARY AGENDA
Clearwater City Commission Worksession - Monday, September 29, 1997
following closed attorney/client session which begins at 9:00 a.m.
L Convene as Pension Trustees
II. Reconvene Worksession
PUR PURCHASING
A. Purchases
Extension, satellite copy machine service, Xerox Corp., includes all equipment & supplies other
than paper necessary to make photo copies by all departments, 11/1197-9/30/98/ est. $77,000
(1M)
Amendment, professional services agreement, HDR Engineering, Inc., to include maximum fee of
$115,229 for work in conjunction with additional alternatives provided by citizen & business
input for the Project Development and Environmental (PD&E) Study in progress (EN)
Shrimp & Bait for resale at Pier 60, West Coast Shrimp, 10/2/97-9/30/98, est. $30/000 (MR)
Increase contract with Stringer Tire Company, tire service, repair & replacement, to est. .
$295,000 to provide funding for remaining period ending 12/31/97 IGS)
Misc. radio parts necessary to repair City's 800 MHz trunking radio system, Ericsson, Inc.,
10/3/97-12/31/99/ est. $110/000 (GS)
Blanket Purchase Order for $145,000 to Flash Equipment, Inc. for emergency lighting. sirens,
speakers. trailer hitches, misc. lighting 8<< other equipment for City vehicles, 10/3/97-6130/2000
(GS)
B. Declare Surplus
Declare surplus to City needs, one Scotchlite Heat Lamp Applicator, Serial #2363, and authorize
disposal through highest bid
Declare vehicles & equipment surplus to City needs, and authorize disposal through Tampa
Machinery Auction
CRT COMMUNITY RESPONSE TEAM
1. Lease renewalt 1000 Vine Ave., Jurgens Addition to Clearwatert Blk E, part Lot 10, from Albert
& tinda Guy/ 1 0/1I97~9/30/98, with one 1-year term option, $400 per month for total $4,800
(property used for North Greenwood Neighborhood Office) (Consent)
2. First Reading Ord. #6196-97 . Creating Sec. 30.054 imposing certain parking restrictions within
street r-o-w in residential areas, and providing exceptions; creating Sec. 30.055 defining
"inoperative vehicle" and prohibiting the keeping, storing, parking, or allowing to remain on public
property of inoperative vehicles for longer than 24 hours; creating Sec. 30.056 prohibiting the
parking of vehicles upon public property or street r-o-w fOT the purpose of djspJayjng for sale;
creating Sec. 30.057 providing for enforcement of Sees. 30.054-30.056; renumbering Secs.
30.054 through 30.057 as Sees. 30.058 through 30.061
3. First Reading Ord. #6197-97 - Amending Sec. 20.35 to require certain maintenance of the
sidewalk portion of r-o-w by adjacent property owners
4. First Reading Ord. #6198-97 - Amending Sec. 28.10 to omit certain signage and placement
requirements for newsracks, to provide for location determination by the City Engineer, and
amending notice requirements
FD FIRE
1. First Amendment to Fire Protection Services Agreement with Pinellas County Fire Protection
Authority, extending term to 3/31/98 (Consent)
9/29/97
1
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GAS GAS SYSTEM
1. Contract for subaqueous directional bore of Dunedin Causeway to A & L Underground, Inc.,
$264,722
GS GENERAL SERVICES
1. Ratify & Confirm Blanket Purchase Orders for purchase of vehicle parts from Fleet Products, Inc.,
for $71,500 (Consent) .
1M INFORMATION MANAGEMENT
1. Extend services of existing contract with Pitney Bowes Management Services (PBMS) to include
processing all city "office" mail. pre-sort (bulk) mail, temporary mail courier & other special
mailing projects, for $45,340 (Consent)
PO POLICE
1. Agreement with the School Board of Pinellas County for continuation of School Resource Officer
Program, for 1997-98 school year, at Clearwater High School & Countryside High School
(Consent)
2. Approve $23,737.44 donation in 1997 PILOT Funds, paid to City by Clearwater Housing
Authority (CHA) to Clearwater Homeless Intervention Project. Inc. (CHIP) to offset impact and
permit fees (Consent)
PR PARKS AND RECREATION
1. Contract for renovation of infield playing surface at Jack Russell Stadium to Athletic Services,
$92,500 (Consent)
EN ENGINEERING
1. Public Hearing & First Reading Ord. #6192-97 - Vacating 15' utility easement lying between Lots
16-23, Blk B, Clearwater Beach Park 1 st Addition and Lots 12-15, Blk A, Clearwater Beach Park
1 st Addition Replat (Heilman's Restaurant Inc. I Heilman Family ltd. Partnership, V97-15)
2. Second Amendment to lease agreement dated 317196 with Clearwater Newspapers, Inc.,
extending term to 1131198, renewable monthly thereafter at City option, Aiken Sub., Blks 9 &
10, for MSB/PS temporary parking facilities (Consent)
3. Work Order for accidental emission release risk management plan, McKim & Creed, $126.500
4. Approve ranking & award contract to Ash Engineering, Inc. for services related to Allen's Creek
Experimental Water Quality Treatment Demonstration Project, at a cost to the City of $65,800
(Consent)
5. Amendment to Cooperative Agreement with SWFWMD for design & construction of an
Experimental/Educational Pond Project at Druid Road and Allen's Creek (Consent)
6. Contract for consultant services, Natural Resources Planning Services, Inc., to complete Phase II
of City Street Tree In.ventory, and authorize use of City Tree Replacement Fund for City's
$16,700 portion (Consent)
9/29/97
2
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CP CENTRAL PERMITTING
1. (Cont. at 8/21/97) Variance(s) to Sign Regulations for property located at 101 S. Park Place
Blvd., Storz Ophthalmics, Inc., Park Place, Lots 2 & 3 (The Grand Reserve at Park Place Limited
Partnership, SV97-09)
2. Public Hearing & First Reading Ord. #6179~97 - Relating to Flood Damage Prevention
Regulations; amending Sec. 51.03, revising definition of substantial improvement
3. Authorize City Attorney to execute a contract with Siemon, Larsen & Marsh to prepare a
comprehensive revision to the City land Development Code for $234,450
4. (Cont. from 9/4/97) Public Hearing & First Reading Ords. #6172-97 & #6173-97 - Land Use Plan
Amendment to Recreation/Open Space & OS/R & P Zoning for property located at 2950 Drew
St., Sec. 8-29-16, M&B 44.01 (City of Clearwater, LUP97~07, Z97-08) - Request to Continue to
10/16/97
5. (Cant. from 9/4197) Public Hearing - Annexation & 1) CH, 2) RS-4 Zoning for property located at
1} 18350 US 19N, Sec. 19-29-16, M&B 44.12 & part of 44.11 & 2) Hampshire Acres, Blk A,
Lots 12 & 13 (Staring. TRE I Rite-On Land Trust, Progressive Development Group, Inc., Z97-08} -
Staff request to continue due to P&Z continuance
eM ADMINISTRATION
1. C-View Ads
2. Clearwater Magazine
3. Approve collective bargaining agreement as negotiated with FOP 10 for Fiscal Years 1997-98,
1998-99, and 1999-2000
ClK CITY CLERK
1. Direction re Annexation Legislation
2. Airport Authority - 1 appointment
CA LEGAL DEPARTMENT
Second Reading Ordinances
1. Ord. #6183-97 - Amending Operating Budget for Fiscal Year ending 9/30/97
2. Ord. #6184.97 - Amending Capital Improvement Program Report and Budget for Fiscal Year
ending 9/30/97
3. Ord. #6189-97 - Vacating N 8' of 25' drainage & utility easement lying along S side of Lot 66
Windsor Park 1 st Addition (Richard & Doris Harding, Jr., V97-13)
4. Ord. #6190-97 - Vacating 20' drainage & utility easement lying along N side of Lot 14, less
westerly 15'; and vacate 5' drainage easement lying along E side of said Lot less southerly 10'
thereof; together with; 20' drainage & utility easement and 5' drainage easement, both lying
along W side of Lot 13, less northerJy 12' and southerly 10' thereof, The Reserve Sub. (William
& Debra Baumgart, V97-14)
First Reading Ordinances
1. Ord. #6194-97 * Relating to Environmental Advisory Board; amending Sec. 2.160, relating to
members
2. Ord. #6195-97 - Relating to Library Board; amending Sec. 2.192, relating to members
,
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9/29/97
3
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OTHER CITY ATTORNEY ITEMS
, City Manager Verbal Reports
1. Voting delegate for National League of Cities
2. Update re process for discussion of future projects
3. Set Public Hearing ra public nuisance at 1 970 Rainbow Drive
Other Commission Action
Adjourn
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Interoffice Correspondence Sheet
To:
Michael Roberto, City Manager
From:
Jeff Harper, Information Management Director
cc:
City Commission, Kathy Rice, Carrie Huntley
Date:
September 23, 1997
RE:
C-VIEW Advertising
During the last Commission meeting, Commissioner Johnson raised a question about the ads
we have been placing in the Times for the live call in shows we are producing on CwVIEW.
Actually, it wasn't a question, it was a direction to stop the ads. I and the staff of C-VIEW think
that these ads should continue and offer the following for consideration.
IN September of 1996, Bordner Research issued a report on the effectiveness of C-VIEW.
Diane Bordner stated, 11 The mission of C-View is to provide unbiased, accurate information
to citizens...One aspect of successfully completing this mission is to get more people to
watch, more often and for longer periods of time...Actual viewership of many program
offerings is much less than the total amount of interest for each program. To successfully fulfil!
its mission to the greatest extent possible, CwVIEW must continue its efforts to reach an ever
wider audience by increasing awareness of the channel name/number itself, awareness of
program offerings themselves and awareness of program scheduling."
The advertisements with pictures have been for the "City Talk 11 live call in show with the
Commissioners, and for "Blueline CPO " a live call in show with Chief Klein. Ads are
important for these programs as they are of the moment. Even though they are replayed, the
most impact is when the viewers can call in and actually speak to a commissioner or the
police chief. We run the City Talk ad in the food section for maximum readership. The cost is
$248.16. Blueline is advertised in the Clearwater Times section at a cost of $239.52. We are
spending about $500 per month. We have noticed an increase in callers when the ads run
from zero calls to six or seven per show. Many callers have mentioned that they watched in
response to the ads. Actual numbers aren't available as we did not keep the caller logs.
These ads are an inexpensive way to keep the C-View name before the public and promote
important programs. We think they are helping meet the goal of increasing C-VIEW's
audience. It is our recommendation that this level of advertising continue as a way letting the
publ ic know about CwVI EW TV.
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