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11/21/1996j Agenda 1,t r:: rt . it 'z{{F a. JJi. > Ir i. r ll-21-96 lgc$ v City COM--mission. Meeti*ng .96 note: , 11-18-96 Preliminary (Worksession) Agenda and paperwork that was in package initially but then not continued onto Thursday's agenda is at the back of this agenda pack. 'e 4 IqA r Y• . ACTION AGENDA - CLEARWATER CITY COMMISSION MEETING Thursday, November 21, 1996 - 6;00 P.M. - Chambers 1. Invocation 2. Pledge of Allegiance 3. Service Awards 4. Introductions and Awards 5. Presentations: a) Fiscal Review Committee - Annual Report b) Sand Key Sign Request 6. Approval of Minutes - Regular Meeting 1117196 1. Father Edward J. Mulligan, St. Brendan's Catholic Church. 2. Mayor. 3. None. 4. None. 5. a) Report received. Proposed Mission Statement presented. b) Consensus to use "of Clearwater" or "in Clearwater". The Mayor & Jean Sherry presented concept for Hospitality Center in Nagano, Japan. 6. Approved as amended. 7. Citizens to be heard re items not on the Agenda Howard Grath, representing the Clearwater Housing Authority (CHA), announced HUD has presented CHA with the Sustained Performance Award. Libbybbv Frignz requested assistance in restoring her neighborhood's rights to enjoyment of their property which has been destroyed by Bayside Bridge & widening of McMullen Booth Road. PUBLIC HEARINGS 8. Public Hearing - Res. #96-71 - authorizing placement of liens on properties for unpaid utility bills WN) 9. Declare surplus to City needs a parcel lying in the NW% of Sec. 7.29-16, being a portion of The Lang Center lease premises, 1501 N. Belcher Rd., and approve grant of nonexclusive drainage easement to the Salvation Army, a Georgia Corporation, being joined in the easement grant by The Center Foundation, Inc., f/k/a Clearwater Youth Recreation Center, Inc,, and The Pinellas Community Center, Inc., d/b/a The Long Center (EN) 10. Public Hearing & First Reading Ords. #6103- 96 & #6144-96 - Annexation & RS-8 Zoning for property located at 3081 Cleveland St., Sec. 16-29-16 M&B 22.32 & 22.37 (City, A96-27) 11. (Cont. from 11 /7196) Public Hearing & First Reading Ord. #6092-96 - LDCA to allow funeral homes in P/SP zoning districts (LDCA96-18) 8. Approved. Res. #96-71 adopted with amended Exhibit A. 9. Declared surplus. Approved easement. 10. Approved. Ords. #6103-96 & #6104-96 passed 1 st reading. 11. Approved. Ord. #6092-96 passed 1 st reading. 11121/96 1 Public Hearing - Second Reading Ordinances 12. Ord.-#6093-96 - LDCA to establish additional 12. Ord. #6093-96 adopted, supplementary conditional use permit standards consistent with the PPC Rules (LDCA96-19) 13. Ord. #6100-96 - LDCA to allow outdoor 13. Ord. #6100-96 adopted. cafes in P/SP and Open Space/Recreation zoning districts on Clearwater Beach (LDCA96-20) 14. Ord. #6105-96 - providing rate structure for 14. Continued to 1215196. Solid Waste Dept. to operate in the roll-off business in competition with private solid waste companies which includes leasing, servicing compactors and open-top containers, and approves investment of approx. $235,400 in additional containers and compactors to support the enterprise 15. Ord. #6107-96 - Proposed change to 15. Ord. #6107-96 adopted. previously approved DRI to allow: 1) land use conversion to office and/or hotel development for Parcel 4, Sec. 17-29-16, M&B 29.013 located within Park Place DRI, and 2) reflect changes in ownership and configuration of parcels of property within the development (Parts Place Land, LTD) 16. Ord. #6108-96 - Granting to Time Warner 16. Ord. #6108-96 adopted. Entertainment - Advance/Newhouse Partnership the permission to occupy municipal streets and rights-of-way in the City as a means of providing cable television services; prescribing terms and conditions accompanying the Grant of Franchise; and prescribing penalties for violation of its provisions; providing for severability of provisions CITY MANAGER REPORTS CONSENT AGENDA (Items #17-27) - Approved as submitted less #25. 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. 11/21/96 2 i S f t } 17. Purchase of diesel fuel from BP Oil Company, Atlanta, GA, for the period 12116196-12115197, at an est. $423,000 (GS) 18. Purchase of unleaded gasoline from Louis Dreyfus Energy Corp., Atlanta, GA, for the period 12/16/96-12/15/97, at an est. $100,000 (GS) 19. Purchase of fuel from Voyager Fleet Systems, Inc., Houston, TX, for the period 1211/96- 11 /30/97, with 1 year option to renew, at an est. annual $500,000 (GS) 20. Contract renewal with Stringer Tire Company, Inc., Tampa, FL, for tire service, repair & replacement, for the period 111197-12/31/97, at an est. not to exceed $250,000 (GS) 21. Contract for replacement of air conditioning equipment at City Hall to Superior Mechanical Systems, Inc., Clearwater, FL, for $204,900 (GS) 22. Agreement with Clearwater Housing Authority to provide police services and a computer learning lab with part-time tutor to Homer Villas, for 24 months, in exchange for $186,237 in federal grant funding and an additional $20,000 provided by CHA; approve related city expenditures of $44,957 (PD) 23. Contract for construction of new Sand Key Park to T.A. Cummings Construction, Tarpon Springs, FL, for $198,198 (PR) 24. Approve preparation of engineering plans to remove the Clearwater Beach Elevated Water Storage Tank from Mandalay Park (EN) 25. Contract to resurface Pier 60 parking lot to Golden Triangle Asphalt Paving Company, for an amount not to exceed $35,000 (EN) - PULLED 26. Award of Harborview Center electronic marquee to A.D. Systems, Ft. Myers, FL, for $55,000 (CM) 27. Appoint Mary Myhiil to Clearwater Housing Authority (CLK) OTHER ITEMS ON CITY MANAGER REPORT 28. Approve hiring High-Point Rendel to act as 28. Approved. Owner's Representative in concluding construction of the Municipal Services Building & Police Headquarters Building projects, at a cost not to exceed $60,000; and to act as Owner's Representative for Parking Garage project, at a cost not to exceed $40,000; for total expenditure not to exceed $100,000 29. Approve transfer of $100,000 from General 29. Approved. Fund to Municipal Services Complex project (94602) for funding of other non-construction expenditures; approve transfer of $100,000 in interest earnings on bond proceeds from the Improvement Revenue Bonds Construction Fund to the Improvement Revenue Bonds Debt Service Fund for payment of principal & interest on the bonds, previously budgeted to be funded from General Fund revenues 30. Other Pending Matters 30. None. 11/21/96 3 CITY ATTORNEY REPORTS a) Ord, #6111-96 passed 1st reading. a) Res. #96-72 adopted. b) Res. #96-73 adopted. c) Res. #96-75 adopted. d) Pulled. 33. Other City Attorney Items City Attorney reported Tim Hunt of 31. First Reading Ordinances a) Ord. #6111-96 - Amending Lobbyist Ordinance 32. Resolutions a) Res. #96-72 - Demolition Lien - 507 Cedar St., Ira E. Nicholson's Addition to Clearwater, Blk 3, part of Lot 10 (Gross) b) Res. #96-73 - Demolition Lien - 1325 Tioga Ave., Lakeview Heights, Blk B, Lot 9 (Bussy) c) Res. #96-75 - Assessing property owners the costs of having mowed or cleared owners' lots d) Res. #96-76 - Demolition Lien - 1164 & 1166 LaSalle St., Greenwood Park No. 2. Lot 65 (Gerald) Hill, Ward & Henderson has been hired as outside counsel re the Harborview Center. An accountant is still to be hired. 1 -1 1.., 34. City Manager Verbal Reports The 1212196 Worksession will begin at 1:00 p.m. due to TBRPC moving their December meeting to' that date. City Manager congratulated Scott Shuford & Central Permitting staff for obtaining a Historic Preservation Grant for Harbor Oaks. City. Manager announced the Grand Opening of Pier 60 Park at 1:00 p.m., Sunday, 1 1124196. 35. Other Commission Action J nson congratulated J. D. Eastridge for receiving Officer of the Year. Llffk offered best wishes to a classmate on 50th birthday. Congratulations to Mike Egger for being named Belleair Police Chief. Gavey congratulated John Jenkins on 71 st birthday, Questioned if the Commission would object to her participation in Leadership Florida with City covering costs of hotel & travel. No objections. Garvey expressed concern re Planning & Zoning Board setting conditions specifying type of plants, i.e. oleanders, to be used in landscaping. Commission consensus to ask for review of specific case and to notify the board too much specificity in condition is inappropriate. Garvey announced Farmer's Market on Saturday. 36. Adjournment - 8:02 p.m. 11/21/96 4 CITY OF CLEARWATER Interdepartmental Correspondence TO: Mayor and Commissioners FROM: Cynthia E. Goudeau, City Clerk SUBJECT: Follow up from November 18, 1996 Work Session COPIES: Elizabeth Deptula, City Manager DATE: November 20, 1996 In response to questions raised at the November 18, 1996, Work Session the following answers are in final agenda order. Item #9 - Salvation Army Easement at Long Center - please see the attached memorandum from Tom Miller. Item #10 - Annexation, 3081 Cleveland Street - the Commission approved acquisition of this property in October 1995. At that time it was indicated the property was needed to provide additional retention for the widening of this street and the cost would be included in the project cost. Other than this property, all property owned by the City that can be, has been annexed. Item #25 - Resurface Pier 60 parking lot - this item is being pulled from Thursday night's agenda. Item #27 - Clearwater Housing Authority - the appointment of Mary Myhill is added to the consent agenda. Item #28 & 29 - Owner's Representative Services for Municipal Services Complex - these items were added and information sent to you yesterday. Item #31 - Lobbyist Ordinance - the City Attorney is preparing the ordinance. Proposed Erosion Control Line - please see attached memorandum from Tom Miller. 'i A 11/18/96 Work Session Follow-up Page 2 Miscellaneous: Information Management is investigating the ability to tape the Work Sessions held off-site during City Hall Renovation. Bill Held, Harbormaster, has forwarded to me the Pinellas County Water and Navigation Control Authority Regulations. This 40 page document is available for review in the Clerk Department. Prior to dock construction a permit must be obtained from the Authority. The criteria for obtaining a permit include such things as: navigation considerations, impact on the environment, water depth and impact on the upland areas. It should also be noted that prior to issuing a permit the Authority requires City review of the navigational impacts. Ice House - Central. Permitting has been advised a site plan for the Ice (louse is close to completion. The owner will be advised regarding the Design Review Board procedures. Former Morrisons - Some demolition work has been done and a permit for interior work obtained. The Conditional Use approved by the Planning and Zoning Board contained a condition that a Certificate of Occupancy be obtained by January 1997. The applicant is still working on financing for the project and will be requesting an extension of the Conditional Use from the ,Planning and Zoning Board. LL w ' ti o %. ..a earwa er U Interoffice Correspondence Sheet To: Betty Deptula, City Manager Cyndie Goudeau, City Clerk From: om Miller, Assistant Director of Engineering/Environmental .. `, C ? I V F D CC: Rich Baler, City Engineer Nov 19 1996 Date: November 19, 1996 , ,ITS' OLF-RK DEPT. RE: City Commission Work Session (11/18/96) In response to the City Commission request for follow-up, please find the following: Declaration of Sur lus/Easement to Salvation Arm Certain Cit Owned Pro ert • 1 discussed with both the Salvation Army (Mr. Paul Bridges) and the Long Center (Mr. Mark Abdo) the City Commission question about whether the Salvation Army project had been discussed with the Long Center and if they believed the Salvation Army's project and use of this portion of City property, now controlled by the Long Center, would adversely effect Long Center's controlling property interests. Attached, please find a faxed copy of the signature pages of the easement now being considered by the Commission and signed by the Long Center. This reflects the present status of signatures being collected by the Salvation Army but not forwarded to us as of the date of the work session. Mr. Abdo indicated to me yesterday that the Salvation Army's use of this portion of land will not limit Long Center's controlling interests for the remainder of the property. • The Salvation Army has completed a preliminary site plan but has not formally submitted it to the City. It was their understanding that before the City would consider their project, they were required to obtain controlling interest in the property first. The Salvation Army has not considered a back-up plan should their request to use this property be denied, either now or in the future. According to Major Needham, they were of the understanding that the City was in favor of their request and focused their attention on building the proposed addition at the location of the proposed easement. Commission denial of their request at this time, according to Mr. Bridges, would cause serious setbacks and financial loss. Mr. Bridges further indicated that the only alternative available to the Salvation Army, should the Commission chose to deny their request would be to build vertically and those costs would be prohibitively expensive. Furthermore, should the City agree to this easement request and at some point in the future require that the property be returned, they would seek a variance from stormwater attenuation and treatment requirements to avoid other on site Impacts. Resurfacing Pier_60 marking Lot. • Please see attached Memorandum from Don Meerians, Assistant Traffic Engineer for response. Sand Key Erosion Control Line • Mr. Jim Terry, Pinellas County, has indicated that a delay until December 2, 1996 for project review by the City Commission at work session, followed by Commission action at the December 5, 1996 Commission Meeting, would not adversely affect his project schedule and would be acceptable. However, his schedule would be seriously jeopardized beyond that date. • Mr. Terry also indicated that he will be prepared to provide the City Commission with a full presentation of the project at the December 2' work session. • ' Planting Sea Oats is not a project element due to the escalating cost of sea oats. • According to Mr. Terry, establishment of the erosion control line was originally located some distance off shore 'because affected residents were contributing financially to the project cost. However, since no similar financial committments exist and since the federal, state, and County governments cannot cause private property improvements with public funds, to get this beach renourishment project completed, the County needed to re- establish the erosion control line landward of the original surveyed position. This particular issue was presented to the residents and was received without any objection. • Once this project is complete, no construction can occur waterward of the established erosion control line as the land will be in Public ownership. • The renourishment project has a projected 50 year design life. Clearwater would not be 3 responsible for any future renourishment maintenance. I believe this addresses those outstanding Commission questions needed to facilitate a decision about the upcoming Commission meeting on Thursday, November 21, 1996. Please let me know if additional information is required before Thursday. i fJ i"INT by and between City of Clearwater. Florida (10rantor'), and The salvation Aray (60rantes") PAOR 3 and Rita Carvey, ae city Manager, City Clark, City Attorney, an Mayor-Comm ion Loner, respectively, of the city of Clearwater, Florida, a wunicipal corporation, on behalf of said corporation, all of whom ere personally known to me or have produced as identification. sl?tuni iris.: Iowa NOTARY PURL IC - state o Florida serial No. (it any) fey Coonaiasion Expires: =ATr OC rWRIDII coum or. rINtu" The torogoing inetrutnant was acknowledged before me thle day of 1996, by , as , of THE AT9?I?o! T1FM, a Georgia corporat on, on behalf of sa corporal am who is personally known to no or has produced as identLiLeation. sl++,tur?t grin! May: ROTARY PUBLIC State of Florida serial No. (if any) My Commission txplrss t o STATE OF YWAIDh Coum Of PIKELLAA The foregoing instrument wail aeknowlcdgeo before ma thin day of ; J/d la. l1996, by Xennat h Chervan and + ..,.??. as Prea ant and . cretary, respectively, of THE CINTYR POUHDAT , NC., f/k/a Clearwater Youth Recreation Center. Inc., a Tlorlda non-profit corporation, on behalf of said corporation, who are,ps reanally known to m or have produced as identification. ` ?_ _ grow " I cc 4= W1W g !/ t? , frSnt sr,e t py>"L1p NOTARY PUBLIC - State o Florida M+?rs%mrRl'o*ua^'?'+ serial No. (it any) my comniesion txpirest 67ATit OF 11WRIDA C1DUf W Of VINNIA.AA The foregoing instrument was acknowledged before mo thi day of 1996. by Nipples P. Rapper. Jr.. and ( M n ?•• U CEtttER. Cohn ae roe ant and Secretary, respectively, of TH[ INB iffC.. a Florida non-profit corporation. on behalf of said corporation, who are personally known to ae or have produced as ldentilication. el?twrt,? „s• print % wet r NOTARY JVUa I Late Ma rlda Serial No. (if anyi Fly Coawi.sslon Istpirest NANCY JORGE NOTARY PUBLIC. STATE OF n0AIQA fMrte ¦ W CWK EXP. MAY31, IM sans t.+wlt?,?ai?+l:.ctrl CQ.•fM. =376092 ¦ Ii MVIT brand between City of Clearwater, rlorida (,erantov ), and The salvation Amy (04rantss') PACE 7 IN MITNEBb WHEREOF, the parties have hereunto caused these presents to be signed, and sealed the day and year first above written. (corporate Baal) Atteett Print) C trCoc Approved as to fora and correctness CITY Or CLMWATIA, PLOAIDA, a mu- nicipal corporation ?Ys lrin s Cltr manager Countoraignedl , City Attornty to arver, ayor- onm ss oner (Corporate 3e01) THE SALVATION hRMY, ¦ Georgia corporation Attests eys Print slgn•d, sealed and delivered in the presence oft Print Print (Corporate Seal) Attest! • 9 + Print +?. t e acre try Signed, waled and delivered in the p;paeno oft Print r y ?r•/I? /1. Gr 7 (corporate Baal) Attestl _ print ecr ary THE CENTER FOWDATION, INC.. f/k/a Clearwater Youth Recceatibn Center, Inc., a.florida non-pfafit corpora- tion J f . Aye ? I.FI ? 1'• .. Kenna C ervon. re. ant THE PIKELLAS CW&MUNITY CENTER, INC., a florid& non-profit corpo- ration, d/b/a/ The Long Center r i Byt r? .,.. ,1 11 kill a?a D. ,v per, Jr., President, signed, ¦saled and delivered in the asence oil Me I.J. c nt??((,?? aTATR Of rLORIVA, COUNTY Or PINILLM The foregoing instrum nti was avknowladged before me this day of ......,.???.? 1996, by CITY OF CLEARWATER Interdepartmental Correspondence TO: Mayor Garvey FROM: Sally Thomas, Agenda Clerk ',•' SUBJECT: Invocation COPIES: Cynthia Goudeau, City Clerk DATE: November 21, 1996 Tonight's invocation will be offered by Father Edward J. Mulligan, St. Brendan's Catholic Church, 245 Dory Passage, Clearwater, FL 34630 fi< ?< C! , Ir •i. ** ' n•^'^'^^`•'.'?.MMl,hk'/kM.)1PM+?ru.?w?,e.?N..p...irWfr.. ai.',fY'?Fl ril i+r 4.T?l? YF!'i-?.mM: SSf'6TY.`}Mf%'6}VJI?I4?.vw.r.•. _ - -_-____ -?? _ -_ _ CLEARWATER CITY item #: COMMISSION Meeting pate: 111106 Agenda Cover Memorandum 11/21196 SUBJECT: SERVICE AWARDS RECOMMENDATIONNOTION: The following employees be presented with service awards for their length of service in the employment of the City of Clearwater. ® and that the approp riate officials be authorized to execute same. BACKGROUND: 5 Years 20 Years Michael D. Quillen Engineering William H. Weller Police Allen R. Stidham Parks & Rec. Karen A. Jackson Fire Earthine Rayner Solid Waste 1!2 Years Leland Bryant Public Works 25 Yearg James Cooper Solid Waste James A. McGee, Jr. Solid Waste Shawna E. Service Police Robert Papa General Services Don C. March Fire Mark J. Petrie Engineering Larry G. Hamrell Library Nina Clark Police Kate L. MacDonald Police Amy L. Courtney Finance 15 Years Joan M. Caruso Police Martha J. Schofield Police Joan Wright Police Carolyn Braaksma Fire William C.. Held, Jr. Marine David Crump, Jr. Public Works Steven P. Jackson General Services Helen L. Werling Finance Reviewed by: Originating Department: Costs: Commission Action: Legal HUMAN RESOURCES ? Approved Budget Total ? Approvad w/Conditions Purchasing User Department: ? Denied Risk Mgmt. Current Fiscal Year ? Continued to. Is Funding Source: ACM ? Capital tmpmvomant. other Advertised: ? operatlno: Date: © Attachments: Other: Paper: Submitted ? Not Required Appropriation Code by: Affected Parties: ? Notified © None City Manager E3 Not Required s(,\ iI-M-19®6 Iv22PM FROM CLW FIN4NM 8i3. 6M 4.53* Fiscal RMVbw Cwm Mw Fs'as6attsrt.1o to ibe Cky CommUdvn N"a>anbar 219106 TM Fbml Raviaw Conmminoc was easablisdsd cm April 18, 1996 by acdm of ft City Co113sa. Tbo Comailu m has bdd raven >aaaetkW win= Apra and bw deah with *e? lt?n w ft lssw& 1. • no Committaur mat amain ftoly at three sspame Umcdop with the City's Clad SYAM Mwqft I?ltomr wid odw MY staffmrmbas to roriew *a chm 'a Stratwo Pin mid an Ma Omblis. Carnmims, c omnmmbdat:o s as a mmM of the mow ware as foHowx • Consaams was to rapport the Coal sh esio Pun ¦ The Cammhmo recoomaa mdsd ft ooat:plrtloet ordw mstlw ag plan and am X* ekbr umaaitoat [:CS' opeesdioas. i* wmlft pa?na as pols mg podwthft mina::, (Staffbss implemeMd' this sad mwaganew staff, as wall in ltao Fiscal Raview C t= ttee is aaoobfttlds k4rmad on on a mandily baba) • 1be Committee teoammatdsd an iadaidant Msnsavom R an& of CGS, and a nK= mlw4mim Of 9w appolnumeat of an oataMs adrb y Vacp to exftblisb COS tepwmg r pkes can and id obfy gods. (The Mmogment Audit is mmatl ? bebng oompietad . lba Fbaoal Rsvlaw Committee is sobeduiod to mvim the soft atth * locamber magi) Z - The Co+aanittee a?rvlsaa+? tliaR buzineas pans f#rr sac Chy btub t ad Piw 60 with dada City's Hobo mastmr. C.oaamrniitev I aaaaamaodstiom =a Mau of *t t+evlm o as tonows: • Cansast max to saapport dw bwieaess plan as gre mstod • 7be Ccmmftmv rsooa uocxded *a C mow Ptbm I xWm (CPO hmmm ohoo d ba a nLbdmr=n of 3% and a mmtimtam o!'M (7% C Q=baiM $ ardoptWO rsfledtsd this abW40D) 3. - w coca ittes Ott With Me Direatw of Saw Wade av&key 'b VnWIA9w the soil cdPaairviw oonwpk V. 61, 'ibo Coc mimb -cv waw to o move aw roil olfcc one as pra.aresd by Cjaariiraaw Saw w4 m. P. 2 11/20/96 15:45 TX/RX N0.1051 1'.004 ¦ NOU--20-1996 14=47 FROM CLEARWATER CLTY MGR.OFF. TO HOOPEP P.04,,13 TO: Mayor and City Commission FROM: Betty Deptula, City Manager Rte- . . CITY OF CLEARWATER INTEROFFICE CORRESPONDENCE SHEET SUBJECT: Sign on Sand Key, said Memo from Sand Key Civic Association DATE: October 9, 1996 The Sand Key Civic Association has been interested in designing and constructing a sign to be placed at the south end of the Clearwater Pass Bridge. My response to them has been similar to the response to all other associations regarding such identification signs, and they seem very willing to abide by our rules regarding the location and insurance requirements in our policy. The issue now seems to be the wording on the sign. In a conversation with Mr. Ruben in early September, I told him that I objected to the words "Welcome to" because of the impression that a traveler was leaving one community and entering another. Sand Key is an important part of our City and the many visitors/tourists travel on Gulf Boulevard every day motivated us to install our "Welcome to Clearwater" sign on the southern approach to the City on Sand Key. We received this letter from the Association appealing my decision, and requesting an opportunity to be placed on the agenda. PRW= ON RECYCLED PAPER ;I 5 ND <EY CIVIC ,Assoc. S-. 6. 1340 Gulf Boulevard, Suite 2-S • Clearwater, Florida 34630 Telephone: (813) 593-2495 RFrE1VED City of Clearwater Ms. Betty Deptula, City Manager t?1; ?,11996 :IlY MANN%GER September 27, 2996 Dear Ms. Deptula, I"AOur association is planning to locate a sign at the south end of the new bridge over Clearwater Pass between Clearwater Beach and Sand Key. A photocopy of the sign is enclosed. More than one month ago, as we sought approval to place the sign, we received some feedback that some one in the senior staff of the City indicated that the words "Welcome to" were inappropriate and not in conformance with City Ordinances or policy for neighborhood signs. At our September meeting of the Board of Directors of the Sand Key Civic Association, both our neighbors and the board agreed to request a variance from the ordinance or policy. Would you please place this topic, seeking a variance on this sign, on a future agenda of the City Commissioners and notify me of the date and time. My home telephone is 595-6528. Thank you very much and I look forward to the opportunity to briefly discuss the viewpoint of our neighborhood with the Commissioners. Sin rely, f QVA2?vc icholas Fritsch 1310 Gulf Boulevard 8-B Clearwater cf.: Mayor Rita Garvey Commissioner Bob Clark Cornmissioner Ed Hooper Commissioner J. B. Johnson Commissioner Karen Seel r r • r Ar r r ?V4A 7 1 1450 10th St. South Safely 14orbor. FL 34695 '8131725-1044 '96. • -W L . 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Goudeau, City Clerk November 7, 1996 Meeting Minutes Elizabeth Deptula, City Manager November 21, 1996 Commissioner Seel requested an amendment to the November 7, 1996, Meeting Minutes for Item 1#55 - Appointment to the Code Enforcement Board. I have listened to the tape and recommend the following: Commissioner Johnson moved to appoint Franke Huffman. The motion was duly seconded. Commissioner Seel suggested consideration of Mr. Albritton as he is a general contractor and has lived in the city 40 years. It was noted Mr. Huf fan has lived in the City 17 years. Commissioner Johnson confirmed his motion. Upon the vote being taken, Commissioners Johnson, Clark, Hooper and Mayor Garvey voted "Aye." Commissioner Seel voted "Nay." Motion carried. Commissioner Seel also noted, on page 12, 3rd paragraph Nancy Abt should be Aft. s E ! i C °x ei•,I jr'i ¢?`?'???:1',t%'m %???y}?? ?:'?t:: j..•w'?s) Ik?x n? :' .' .• 'ice .. ??• ? '. ., e.F ?, ?ft .I: ?` :?'?%f: ??r'j ?• e •, ? ' J .})? •. Item #z'5 I 1. ryiell'. •.?i ?T . FN ? Clearwater City Commission Agenda Cover Memorandum 6 Item* Meeting Date: .s a SUBJECT: Public Hearing: Unpaid Utility Bills (Resolution) 96-71 RECOMMENDATIONIMOTION: Adopt resolution 96-71 authorizing the placement of liens on properties for unpaid utility bills. ® and that the appropriate officials be authorized to execute same. BACKGROUND: Delinquent utility accounts over $100.00 e Utility Accounts delinquent ninety (90) days or more • Owners notified of indebtedness by Utility Customer Service • Owners notified by City Clerk of Public Hearing pursuant to Chapter 32, Section 32.072 of City Code Director of Finance and Utility Customer Service Manager recommend filing of liens Reviewed by: Originating Department: Costs: Commission Action: Legal Finance -rn,4 S NIA C9 Approved Budget NIA Utility Customer service Total © Approved wlConditions purchasing NIA User Department: 0 Denied Risk Mgmt. NIA Current Fiscal Year CJ Continued to. Is NIA Funding Source: ACM ? capital Improvement: Other Advertised: 0 Operating: Date: 17 other: Attachments: t. Paper: Submitted by: E3 Not Required Appropriation Code Affected Parties: ® Notified El None Cena er CI Not Required 10 Printed an recycled paper .2 RESOLUTION NO.96-71 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA, PLACING A LIEN ON CERTAIN REAL PROPERTY FOR PAST DUE UTILITY BILLS. I WHEREAS, the City Manager, pursuant to Section 32.072 of the Code of Ordinances, has presented to the City Commission a list of properties with unpaid utility bills; and WHEREAS, the list of such properties is set forth in Exhibit A attached to this resolution and made a part hereof; and WHEREAS, the City Commission has conducted a public hearing for the purpose of considering whether or not to make final a lien on each such property; and WHEREAS, notice of such public hearing has been provided to each property owner on the list; now, therefore, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA: Section 1. Pursuant to Section 32.072, Code of Ordinances, the C ty Commission finds that such utility charges remain unpaid, and that a lien in the amount of such unpaid utility charge should be made final against each property listed on Exhibit A attached hereto. Section 2. The.City Commission hereby places and makes final a lien against each of the properties listed on Exhibit A for unpaid utility charges in the amount indicated. Section 3. The City Clerk is hereby directed to prepare a notice of lien against each property listed on Exhibit A for the amount shown and to record the notices of lien in the public records of Pinellas County, Florida, except as to any properties for which payment may be made in full following the adoption of this resolution and prior to recording the notice of lien. I Section 4. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this day of , 1996. Attest:' Cynth a E. Goudeau City Clerk Approved as to form and legal sufficiency. Jo n Carassas, Assistant City Attorney Rita Garvey Mayor-Commissioner t ?H ?W wa A? 0 z z AJ 404,.E paw NA. R`r c`?Us X1¢.1 °P z? °r%? ° ? c x ? a U. 2 ?0% ¢QOd ?¢ `?'t„?? w N Q w fwd uo 8 2 ru u u?uU?n[ a z x w O _ w 4-la ? cr L ¢WC? cb aQ4 w` Q ZQ Na?yy dCGa' ?? o.Q t? ? Q Q Q? ?vC r-+ Lrf LL r?r w i' f ., r N .r RV z a t:?N ? "4 42 N It," u 3 00 uwi?Lnd Ln r2 rIa A u ?-+ 9 z$ m N x°Ra?. ]?H 0 Q?cs 5? ?¢a ???d N ?o w ..a U? z o u wx? aka ?p?x w u un u ? r 0A u do Rce tu< U9, Llj a H 0 z y Ettt?4 I • CLEARWATER CITY COMMISSION Agenda Cover Memorandum 11C1 Mecting Datc TER SUBJECT: Declare City-owned property as surplus to City needs for the purpose of granting a nonexclusive drainage casement to the Salvation Army, and approve the grant of said casement. RECOMMENDATIONIMOTION: Declare as surplus to City needs a parcel lying in the Northwest 1/, of Section 7, Township 29 South, Range 16 East, being a portion of The Long Center lease premises, 1501 North Belcher Road, and approve thereon the grant of a nonexclusive drainage easement, as more particularly described in the easement document, to the Salvation Army, a Georgia Corporation, 1625 North Belcher Road, Clearwater, Florida, being joined in the easement grant by The Center Foundation, Inc., f/k/a Clearwater Youth Recreation Center, Inc., and The Pinellas Community Center, inc., dlb/a The Long Center, g and that the appropriale officials be authorized to execute same, SUMMARY: • The Salvation Army ("Grantee"), located on property adjoining the northerly boundary of The Long Center, has submitted a preliminary site plan to construct a 3,120 square foot classroom addition to its facilities, the approval of which requires construction of additional stone water retention capacity. • The Long Center operates under terms of a land lease from the City that runs through April 19, 2006. Lease provisions provide for extension of the lease term to not later than April 19, 2086, if approved by the electorate. The existing Salvation Army retention pond abuts a small area of The Long Center property lying north of Alligator Creek, a natural separation of the two properties. This small, unimproved "peninsula" is the proposed premises for the 11,744.9 square foot easement grant that would provide the additional retention required by the Salvation Army project. • Significant covenants of the easement grant include: 1) All drainage improvements to be made to the easement premises shall be made and maintained at Grantee expense in compliance with permit requirements of both the City and the Southwest Florida Water Management District; 2) All excess treatment storage volume and attenuation credit batiking is reserved by the City as Grantor; 3) The Long Center and The Center Foundation, Inc., its operational entity, will join with the City in this easement grant, 4) The Grantee covenants to hold hannless and indemnify the granting parties froin all claims and liability associated with the drainage improvements to be constructed, as well as their future operation, maintenance, repair and replacement; and, 5) The City reserves the right, at its sole discretion, to terminate the easement_ whereupon the Grantee shall restore the easement premises to its condition as of the date of the grant. Reviewed by: Originating Dept. Costs: NIA Commission Action Legal Engineering (Current FY) Approved Budget _ NIA User Dept. Funding Source: Approved wlconditions Purchasing NIA Capt. Imp. Deniod Risk Mgmt. _ NIA Advertised: Operating Cont'd to Is NIA Date: Other ACM Paper: Tampa Tribune ENG. Not required: OTHER -? Affected parties Appropriation Codots) Attachments: Parke Roc tion notified Easement Document with Sketch Submitted By: and Locator Map City Manager / Not Required X salvation Army Ease. Agn THIS INDENTURE, made and entered into this day of , 1996, by and among the city of Tarwator, EFar' da, a municipal corporation ("City"), 112 South Osceola Avenue, Clearwater, Florida 34616, ("Grantor") joined by both The Center Foundation, Inc., f/k/a Clearwater Youth Recreation Center, Inc., a Florida non-profit corporation ("Foundation"), and The Pinellas community Center, Inc., a Florida non-profit corporation, d/b/a The Long Canter ('Long Center"), 1501 North Belcher Road, Suite 225, Clearwater, Florida 34625, and The salvation Army, a Georgia corporation, its succes- sors and assigns, 1625 North Belcher Road, Clearwa- ter, Florida 34625 ("Orontes"), W I T N E S S E T Ht That for and in consideration of the mutual covenants and promises con- tained herein, and the sum of TEN DOLLARS ($10.00) and other good and valuable consideration, the receipt of which is hereby acknowledged, Grantor does here- by grant, bargain, sell, and convey unto Grantee, its successors and assigns, a permanent, nonexclusive easement for drainage together with the right to perform ouch site work and to install, operate, monitor, and maintain, for such period of time as it may use the same, such improvements as may be neceo- nary or desirable for providing drainage from the real property described in Exhibit B ("Salvation Army Property") over, upon, across, and under the real property located in Pinellas County, Florida, and more particularly described in Exhibit A attached ("Easement"). This Easement is a grant of an easement appurtenant to the real proper- ty described in Exhibit B. This Easement is a grant of easement made for the extension of Gran- tee's storm water treatment facilities, which extension shall be designed, constructed, and maintained in compliance with the requirements of the City of Clearwater, Floridal Pinellas County, Florida; and the Southwest Florida Water Management District, as provided in City Building Permit ! issued by the City of Clearwater and in SWFXD Permit It is2ue_d_5_y_tT9_ Southwest Florida Management District. To have and to hold the Easement, together with all necessary rights and privileges incidental to the use and enjoyment of ouch easement. The rights herein granted to Grantee by Grantor specifically includes (a) the right for Grantee to patrol, inspect, install, alter, improve, oper- ate, maintain, repair, rebuild, relocate, monitor, and protect the drainage improvements; (b) the right for Grantee to change the quantity and type of drainage improvements; (c) the right for Grantee to clear the Easement of trees, limbo, undergrowth, and other physical objects which, in the opinion of Grantee and/or the other governmental and permitting authorities having jurisdiction, endanger or interfere with the safe and efficient installation, operation or maintenance of drainage improvements; (d) the reasonable right for Grantee to enter upon Grantor's land adjacent to the Easement for the purpose of exercising the rights herein granted; and (e) all other rights and privileges reasonably necessary for Grantee's safe and efficient site work preparation and installation, operation and maintenance of said drainage improvements and the enjoyment and use of the Easement for the purposes herein described, reserving unto Grantor all excess treatment storage volume and attenuation credit banking. As a condition of the grant of this Easement and as an affirmative covenant running with the land, it shall be Grantee's obligation to pay for all costa incurred in connection with the grant and maintenance of this Ease- ment, and Grantee shall hold harmless and indemnify Grantor, the Foundation, and the Long Center from any claim or demand arising from or made in connec- tion with the design, construction, installation, operation, maintenance, and repair, replacement, or removal of the Easement improvements made by Grantee. In the event Grantee fails to perform any of the covenants stated heroin, Grantor reserves the right, at its sole discretion, to terminate this Ease- ment, and, in the event of such termination, Grantee shall to the extent required by Grantor restore the Easement to its condition as of the date of this Agreement. All covenants, terms, provisions, and conditions shall inure to the benefit of and shall bind the successors and assigns of the parties. PREPARED BY AND RETURN TO; Setty N. Foote, Esq. Thompson L Foote, P.A. 1150 Ctevetand Street, Sulte 301 Ctearuster, Ftorlds 34615 ?f. i BASEMENT by and between City of Clearwater, Florida ("Grantor"), and The Salvation Army ("Grantee") PACE 2 IN WITNESS WHEREOF, the parties have hereunto caused these presents to be signed and sealed the day and year first above written. (Corporate Seal) CITY OF CLEARWATER, FLORIDA, a mu- nicipal corporation Attasts Sys Prints Prints city Clerk City Manager Approved ass to form and Countersigneds correctneess City Attorney Rita-Garvey, mayor-Comm ss oner THE SALVATION ARHY, a Georgia (Corporate Seal) Attests Print Signed, sealed and delivered in.the presence oft Print Print (Corporate Seal) Attests corporation Syt Print ecretary signed, sealed and delivered in the presence of: Print Print (Corporate Seal) Attests Print THE CENTER FOUNDATION, INC., f/k/a Clearwater Youth Recreation Center, Inc., a Florida non-profit corpora- tion ey: - Kenneth Cherveh Prudent THE PINELLAS COHKUNITY CENTER, INC., a Florida non-profit corpo- ration, d/b/a/ The Long Center Sys William D.-Repper, ar., Prea ent Secretary Signed, sealed and delivered in the presence of: Print Pr nt STATE OF FLORIDA COUNTY OF PINELLAS The foregoing instrument was acknowledged before me this day of r 1996, by 0 1 t • l 3. EASEMENT by and between City of Clearwater, Florida ("Grantor"), and The Salvation Army ("Grantee") PAGE 3 , and Rita Garvey, an City Manager, City Clerk, City Attorney, an ayor-Commissloner, respectively, of the city of Clearwater, Florida, a municipal corporation, on behalf of said corporation, all of whom are personally known to me or have produced as identification. 5lpnetwet Print kwa., NOTARY PUBLIC - State of Florida Serial No. (if any) My commission Expireot STATE OF FLORIDA COUNTY OF PINELLAS The foregoing instrument was acknowledged before me this day of , 1996, by , as , of THE SALVATION ARMY, a Georgia corporation, on a a!f of sa corporation, who is personally known to me or has produced an identification. Sit?turei Print lttwet NOTARY PUBLIC - State of Florida Serial No. (if any) Hy Commission Expires: STATE OF FLORIDA COUNTY OF PINELLAS The foregoing instrument was acknowledged before me this day of , 1996, by xenneth Cherven and r as Preoent and secretary, respectively, of THE CENTER FOUNDATION, INC., f/k/a Clearwater Youth Recreation Center, Inc., a Florida non-profit corporation, on behalf of said corporation, who are personally known to me or have produced as identification. 'r signature: l Print kanxt NOTARY PUBLIC - State of Florida j Serial No. (if any) Hy Commission Expires: STATE OF FLORIDA COUNTY OF PINELLAS The foregoing instrument was acknowledged before me thin day of 1996, by William D. Repper, Jr;, and , as Pros ent and Secretary, respectively, of THE PINELLAS COMMUNITY CENTER, INC., a Florida non-profit corporation, on behalf of said corporation, who are personally known to me or have produced as identification. Sfgnature• Print krone: NOTARY PUBLIC - State of Florida Serial No. (if any) My Commission Expirest 4 . SBF:tijs isr%$AL-ARKY%EASEKWT2.CLY EASEMENT by and between city of Clearwater, Florida ("Grantor") and The Salvation Army ("Grantee") PAGE 4 EXHIBIT A Basement A parcel of land lying in the NW 1/4 of section 7, Township 29 South, Range 16 East, Pinellas County, Florida, being more particularly described as followst COMMENCING at the Northwest corner of section 7, Township 29 South Range 16 East, said northwest corner being monumented by a Pinellas county Engineering Department brass disk, thence S 89052155" E, along the North line of said Section a distance of 55.00 feet to the Easterly right-of-way of Belcher Road; thence S 00019158" E, along said Easterly right-of-way, a distance of 480.50 feet to a point having a bearing of N.89052155" W from the center of a sanitary manhole 390.04 feet distant to the Eastj thence S 89052155" E, being parallel with the North line of said Section, 390.04 to the center of said manhole] thence continue S 89052155" 88 75.00 feet to the Point of Beginning] thence continuing S 89'52155" 8, 199.79 feet to the thread of Alligator Croekj thence along the thread of said creek the following three (3) courses: S 15015147" t, 30.37 feet; S 231127159" E, 21.92 foot; S 28053'05" E, 30.37 feet; thence N 89052'55" W, 315.00 feetj thence N 561138114" W, 138.51 feet to the Point of Beginning. NOTE: The Warranty Deed by which The Salvation Army took title to the property described in Exhibit B dated June 11, 1986, and recorded in O.R. Book 6247, Page 1429, of the Public Records of Pinellas county, Florida ("Salvation Army Property"), describes a bearing of S 00.19'58" 8 from the Easterly right-of-way of Belcher Road so that the Southern boundary of the Salvation Army Property is described with a bearing of S 89052' 55" E. The Lease Agreement by and between the City of Clear- water, Florida, and the Center Foundation, Inc., f/k/a Clearwater Youth Recreation Center, Inc., dated December 29, 1986, and recorded in O.R. Book 7298, Page 283, of the Public Records of Pinellas County, Florida, describes a bearing of S 00104'510 8 from the Easterly right-of-way of Belcher Road so that the Northern boundary of the property owned by the City of Clearwater is described with a bearing of S 89135150" E. The Southern boundary of the Salvation Army Property and the Northern boundary of the City of Clearwater property is a common boundary so the legal description of this easement adopts for the common boundary line a bearing of S 69052155" E which causes the Northern boundary line of the Easement to be identical to the Southern boundary line of the Salvation Army Property. EXHIBIT 5 Salvation Aral Property A parcel of land lying in the Northwest 1/4 of the Northwest 1/4 of Section 7, Township 29 South, Range 16 East, Pinellas County, Florida, being more specifically described as followas COMMENCING at the Northwest corner of said section, being monumented by a Pinellas County Engineering Department brass disk; thence S 89052155" E, along the North lino of said Section, a distance of 55.00 feet, to the East right-of-way of Belcher Road, to the Point of Beginning. THENCE S 00619158" E, along the East right-of-way line of Belcher Road, a distance of 480.50 feet to a point having a bearing of N 89652155' W, from the center of a sanitary manhole 390.04 feet distant to the East. THENCE S 89.52'55" E, boring parallel with the North line of said Section 390.04 feet to the center of said manhole. 'THENCE continuing S 89.52155" E, a distance of 274.29 feet to the thread of Alligator crook. THENCE Northerly, along the thread of said creek, the following calla: BE N ARING 13057.19" W DISTANCE 19.23• N 00003.17" W 52.23' N 05052'59" E 46.93' N 17034'46" E 56.12' N 08648'23" E 92.03' N 03026.47" W 121.60' N 02.20'38" W 97.13' to the North line of said Section. THENCE N 89652155" W, along the North line of said Section, a distance of 687.00 feet, to the Point of Beginning. NW Cor of NW 1/4 of Sec 7-29--16 S 89'52'55" E 55.00' W CO r Ln SALVA*nON S o ARMY (n CO DRAINAGE EASEMENT - SKETCH AND MCAT MAP Grantor: City of Clearwater, Florida Joinder: The Center Foundation, Inc. & The Pinellas Community Center, Inc. Gramm- The Iva i Army, inc. 22/012 P.O.B. C? o? o S 15'15'47" E O 30.37' S 23"27'59" E 'e 21.92' S 2853'05" E 30.37' °a S 89'52'55" E 199.79` ? 390.04' 75.0 N 56`38'2x4" W 138.51 CS 22/01 N 89'52'55" W M 115.00' Note: This is not a surveyl HF ?ONc 2/03 CENTER 0 rn kn W ci ., =?CPZ Clearwater City Commission item a: Agenda Cover Memorandum Meeting Date: SUBJECT: • Petition for Annexation and Zoning Atlas Amendment for 3081 Cleveland Street; Owner: City of Clearwater (A 96-27) RECOMMENDATION/MOTION: • Approve the Petition for Annexation and Zoning Atlas Amendment to Single-Family Residential "Eight" (RS-8) for M & Bs 22132 & 22137 in Section 16-29S-1 6E, and pass Ordinances NO. 6103-96 and 6104-96 on first reading. IN and that the appropriate officials be authorized to execute same. SUMMARY: PROPOSED ZONING AND FUTURE LAND USE PROPOSED ZONING DISTRICT Single-Family Residential "Eight" (RS-8) PROPOSED FUTURE LAND USE CLASSIFICATION Not applicable Note: Adjoining right-of-way along Cleveland Street is included in this annexation. REASON FOR REQUEST • The City wants to utilize these vacant properties for detention pond project along Cleveland Street. ASSESSED VALUE OF SUBJECT PROPERTY $ 25,100.00 (combined lots) Reviewed by: Legal Budget Purchasing Risk Mgtnt. Is ACM Other ':=t Advertised: too f±?per. ?t'CAfvt?A . Submitted by: E3 Not Required Affected Parties H Notified CI en ger O Not Required Corte: Commission Action: 13 Approved Toter O Approved with Conditions O Denied Currant Fiscal Year O Continued to: Funding Source: O Capital Improvement; 0 Operating-, 13 Other: .`I Attechmonts: ORDINANCES NO. 8103.98 & 8904-98 APproprlatlon Code 10CATION.MAO., . .. .:..: .; '' APPLICATION .::..:.:?....::..:::,.:: :..::.:::::.:.:..r.:<:.:.• ... ? ... ? ?? D None 0 Printed on recycled paper A 96-27 Page 2 s Pertinent information concerning the request is summarized in the tables below. EXISTING ZONING AND FUTURE LAND USE OF APPLICANT'S AND SURROUNDING PROPERTIES LOCATION IN CITY OR COUNTY FUTURE LAND USE PLAN CATEGORY ZONING ACTUAL USE Subject Property County Residential Urban R-2 Residential single-family (Vacant buildings) North City/ Count Residential Urban OSIR & A-E Open space recreational & Agricultural estate residential South City Residential Urban R-2 Residential single family East City Residential Urban RS-3 Residential single family West City Residential Urban RS-3 Residential sin le family ZONING RESTRICTIONS DESCRIPTION EXISTING Density Vacant ro ertles Lot Area flOf3%s'"{#",> n'° ». 5 14,630 s ft. m.o.l (combined) Lot Width at setback line ?fi1}eet<'riinirrurn`> 67 feet (avers e) Depth 5 C3rSfeeiriii?iurri = =y: `:>€> < 9 10 feet • The Planning and Zoning Hoard held a public hearing on this application on November 6, 1996 after which they unanimously endorsed the proposed Annexation and Zoning Atlas Amendment to Single-Family Residential "Eight" (RS-8) to the City Commission. OTHER REQUIRED REVIEWS AGENCY YES NO Pinellas Planning Council/Count wide Planning Authority X Florida Department of Community Affairs X • ABBREVIATIGNI A-E = Agricultural Estate Residential District (County), OS/R = Open Space Recreation District (City), R-3 = Single-family Residential District (County), RS-8 = Single-Family Residential "Eight" (City), u.p.a. = residential units per acre. CC A96-27 2) S. '. PETITION rOR ANNEXATION City .Cotwainion IM9 City of Clearwater P.O. Box 4718 I 0 2 1356 Clearwater, Florida ECENTRAL 12 PERM17TING COmmissionerst CLEARWATER He, the undersigned, being all owners of the described real property, contiguous to the present boundaries of the city at Clearwater, and situated in ¦n unincorporated area of Pinellas county, Florida, do hereby request that said property be annexed into the corporate limits of the city of Clearwater, Florida. We hereby further request that said property be zoned and classified under the zoning Ordinance of the City of Clearwater, am not forth on the following page. Attached hereto is a current survey of the described property, if it is unplatted), together with a certificate of title from a title company, a copy of the deed or a letter from a licensed attorney setting forth the names of all persons, firms or corporations owning any interest in the described property. The undersigned have been advised of, understand and in consideration of annexation, utility services, and other good and valuable consideration, do hereby agree and covenant as follownt 1. all structures and improvements whicr are erected upon said property subsequent to the date of this petition for annexation shall comply with all applicable City of Clearwater regulations and ordinances as sat forth in the City Code of Ordinances; 1. to convey such recreation land, recreation facilities and open space land dedication and/or teas in the amount and manner prescribed by Division 3 and 3, Chapter 116, Article IV of the Clearwater Code of Ordinances; and 3. when any substandard abutting street or utilities are subsequently upgraded by the City to seat City Standards said improvement will be done on an assessment basis, consistent with City procedures therefore. We, the undersigned hereby certify that we have read and examined all of the statements and allegations in the foregoing Petition including attachments and after being duly sworn, deposed and say that such statements are correct, complete and us and voluntarily made with full knowledge thereof. chard J. ier CitX Engineer STATE Or FLORIDA COUNTY OF PINELLAS ) Subscribed and sworn to before me this _L?tday of • C)cl I' , 199. C'PA. My Commission Expires: Q vF.??•..n??r. ^ Notary • :c!?:a': `? 11 cC R. EQ-kmArti Ao1-Ar PA61%4. •:n:.:':~iatt y:. cue: a- 313 ? 1 Z .:.1Y?'.ul-?113Stn!If:7A'tta 1.?M7 S f PROPOSED ANNEXATION AND ZONING OWNER: City of Clearwater A. 26-27 ADDRESS: 3081 Cleveland St PROPERTY DESCRIPTIQN: M&Bs 22-32 & 22-37 LAND USE PLAN ZONING COUNTY: Residential Urban R-3 CITY: Residential Urban RS 8 ACHES- 0.28 RIGHT-of-WAY :part of Cleveland St ACRES: 0.09 ATLAS PAGE: 292A SEC: 16 TWP: 29 S RGE: 16 E ;PLANNING i4 1Up ONING BOARD: Nav.S 1996 CITY COMMISSION; Nov'21. 1998 I.Z-9b`d AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, ANNEXING CERTAIN REAL PROPERTY LOCATED AT THE SOUTHWEST CORNER OF THE INTERSECTION OF CLEVELAND STREET WITH MCMULLEN BOOTH ROAD, CONSISTING OF M&Bs 22132 AND 22137; WHOSE POST OFFICE ADDRESS IS 3081 CLEVELAND STREET, TOGETHER WITH THE ABUTTING RIGHT-OF-WAY OF CLEVELAND STREET, INTO THE CORPORATE LIMITS OF THE CITY, AND REDEFINING THE BOUNDARY LINES OF THE CITY TO INCLUDE SAID ADDITION; PROVIDING AN EFFECTIVE DATE. WHEREAS, the owner of the real properly described herein and depicted on the map attached hereto as Exhibit A has petitioned the City of Clearwater to annex the property Into the City pursuant to Section 171.044, Florida Statutes, and the City has complied with all applicable requirements of Florida law in connection with this ordinance; now, therefore, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA: . won 1. The following-described property Is hereby annexed into the City of Clearwater and the boundary lines of the City are redefined accordingly: See Exhibit B attached. (A96-27) . $ctyon-2. The provisions of this ordinance are found and determined to be consistent with the City of Clearwater Comprehensive Plan. The City Commission hereby accepts the dedication of all easements, parks, rights-of-way and other dedications to the public which have heretofore been made by plat, deed or user within the annexed property. The City Engineer, the City Clerk and the Central Permitting Director are directed to include and show the property described herein upon the official maps and records of the City. Sedon 3. This ordinance shall take effect immediately upon adoption. The City Cleric shall file certified copies of this ordinance, including the map attached hereto, with the Clerk of the Circuit Court and with the County Administrator of Pinellas County, Florida, within 7 days after adoption, and shall fife a certified copy with the Florida Department of State within 30 days after adoption. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Rita Garvey Mayor-Commissioner Approved as to form and legal sufficiency: Leslie K. Dougall-Sid ?s, sst. ity Attorney Attest: Cynthia E. Goudeau Ordinance No. 6103-96 ) c ft-SAM PROPOSED ANNEXATION AND ZONING OWNER: City of Clearwater A: 9-6.27 ADDRESS: 3081 Cleveland St PROPERTY DESCRIPTION: M&8s 22-32 & 22-37 LAND-WE PLAN Z_ONINQ i COUNTY: Residential Urban R-3 CITY: Residential Urban RS 8 A -C RE- 0.28 RIGHT-of-WAY :part of Cleveland St ACRES: 0.09 ATLAS PAGE: 292A SEC: 16 TWP: 29 S RGE: 16 E ; i:ANNINC# AI D 20NING BOARD`: Nov 5 ?sse. CIrY.car rvi?sslpN .:'.Nov 2:1996 EXHIBIT A Ordinance 6103-96 1. LEGAL DESCRIPTION The East 135 feet of the West 521.05 feet of the North 110 feet of the South 112 of the SE 114 of the NW 114 of the NW 114 of Section 16, Township 29 South, Range 16 East, Pinellas County, Florida, LESS that portion which lies within 150 feet of the East line of the NW 114 of the NW 114 of said Section 16. Together with: The Northerly 20 feet of the East 75 feet of the West 386.05 feet of the North 110 feet of the South 112 of the SE 114 of the NW 114 of Lf,i the NW 114 of Section 16, Township 29 South, Range 16 East, Pinellas County, Florida. (A96-27) Ordinance No, 6103-96 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY BY ZONING CERTAIN REAL PROPERTY LOCATED AT THE SOUTHWEST CORNER OF THE INTERSECTION OF CLEVELAND STREET WITH MCMULLEN BOOTH ROAD, CONSISTING OF M&Bs 22132 and 22/37, WHOSE POST OFFICE ADDRESS IS 3081 CLEVELAND STREET, TOGETHER WITH THE ABUTTING RIGHT-OF-WAY OF CLEVELAND STREET, UPON ANNEXATION INTO' THE CITY OF CLEARWATER, AS SINGLE-FAMILY RESIDENTIAL 8 (RS-8); PROVIDING AN EFFECTIVE DATE. WHEREAS, the assignment of a zoning district classification as set forth In this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's comprehensive plan; now, therefore, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following described property located in Pinellas County, Florida, Is hereby zoned as indicated upon annexation into the City of Clearwater, and the zoning atlas of the City is amended, as follows: See Exhibit A attached. (A96-27) Single-Family Residential 8 - (RS-8) $ecti4Il2. The Central Permitting Director is directed to revise the zoning atlas of the City in accordance with the foregoing amendment. $ec gn 33. This ordinance shall take effect immediately upon adoption, subject to the adoption of Ordinance No.6103-96. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Approved as to form and legal sufficienc Leslie Dougall-Si s City Attorney Rita Garvey Mayor-Commissioner Attest: Cynthia E. Goudeau City Clerk Ordlnanco No. 6104-941 LEGAL DESCRIPTION The East 135 feet of the West 521.05 feet of the North 110 feet of the South 112 of the SE 114 of the NW 114 of the NW 114 of Section 16, Township 29 South, Range 16 East, Pinellas County, Florida, ; ' LESS that portion which lies within 150 feet of the East line of the . NW 114 of the NW 114 of said Section 16. Together with: . The Northerly 20 feet of the East 75 feet of the West 386.05 feet of .:.. the North 110 feet of the South 112 of the SE 114 of the NW 114 of the NW 114 of, Section 16, Township 29 South, Range 16 East, Florida. Pinellas County , ' (A96-27) • S? , i . i EXHIBIT "A' f i Ordinance No. 6104.96 3 • }+.n. Ki, H-i1WFMrr'Y"?' .-. .. ' .?-... r.rE r+rY dfry ?,l i+lkit' .rrl l.v ?. _ .. ........ .... - -r .. .. .> - ._. •.. ter 1 . PROPOSED ANNEXATION AND ZONING r OWNER: City of Clearwater A: 96-27 ADDRESS: 3081 Cleveland St PROPERTY pEaQR1Pj1QN: M&Bs 22-32 & 22-37 LAND USE PLAN ZONIN a { COUNTY: Residential Urban R-3 CITY: Residential Urban RS 8 RE 0.28 ' RIGHT-of-WAY :part of Cleveland St ACRES: 0.09 ATLAS PAGE: 292A SEC: 16 TWP: 29 S RGE: 16 E { P . iE1 NINA AID: 4NING RQARD . '. .NoY. i 1996, CITY COMMISSION::. Nov 21 Ordinance No. 6104-96 CP a Clearwater City Commission item ,r: Agenda Cover Memorandum Meeting Date: I I. ?? I.?(? SUBJECT: Land Development Code Amendment - Funeral Homes In Public/Semi-Public Zoning districts. (LDCA 96-18) RECOMMENDATION/MOTION: Approve Land Development Code amendment to allow funeral homes In Public/Semi-Public zoning districts and pass Ordinance No. 6092-96 on first reading. and that the appropriate officials be authorized to execute same. --SUMMARY: Staff has received a request to allow the reuse of the Moose lodge property on McMullen-Booth Road. TI property is currently in the County and has been approved by the County as a special exception - fraterr organization. The owner of the property is interested in pursuing annexation, with a change of use. Under t scenic/noncommercial corridor requirements of the PPC Rules, only residential uses (up to 7.5 units per ac and public/semi-public type uses can be approved along this corridor. This situation greatly limits the potent use of this property. Staff has looked into whether or not we should allow, in general, funeral homes in this zoning district. C findings are as follows: While funeral homes are a commercial use of property, they serve an important put function - the orderly disposal of human remains. As a consequence, they are not dissimilar from hospital cemetery uses, both of which are allowed in the P/SP district. We recommend adding this new use as a dal use, so that site impacts can be carefully controls particularly in the proximity to residential development. Upon approval of this item, we will forward t proposed ordinance to the PPC Executive Director for his comments prior to any public hearings. The Planning and Zoning Board unanimously recommended approval at its October 1, 1996 meeting. Ravlowad by: Orl&adng Department: Costa: Commission Action: Legal S CENTML PERMITTING 0 Apprawd budget NA e, 5 Total (3 Approved wlCond4t3ane Purcttaafng NA User Department: Cl De»led fuek Mgrot. NA Currant Fiscal Year i] Contlnued to: is NA Funding Source: ACM 13 c.prw 4npro wn+en1: other NA Advertised. D operating: Data: D Attachments: Other. Paper: ORDINANCE 8092.80 Submitted by: ® Not Required Appropriatlon Code Affected Parties: © Notified 13 None Ci an par ® Not Required G+ Printed on recycled paper r i AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, RELATING TO THE LAND DEVELOPMENT CODE; AMENDING SECTION 40.544 ESTABLISHING FUNERAL HOMES AS A CONDITIONAL USE IN THE PUBLIC/SEMIPUBLIC ZONING DISTRICT; AMENDING SECTION 41.053, CODE OF ORDINANCES, TO ESTABLISH SUPPLEMENTARY CONDITIONAL USE PERMIT STANDARDS FOR FUNERAL HOMES IN THE PUBLIC/SEMIPUBLIC DISTRICT; PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA: ,9Mtjon 1. Section 40.544, Code of Ordinances, Is amended to read: Sec. 40.544. Conditional uses. Within public/semipublic districts, the foilowing uses may be permmed as conditional uses: • • • (4) Residential shelters; M EUneral homes. $edlonZ. Section 41.053, Code of Ordinances, is amended to read: Sec. 41.053. Supplementary standards by category of use. The standards in this section which apply to the ldentified category of use shall supplement the general standards of use identified In sectIon 41.052. No conditional use shall be authorized unless determined to meet all of the standards appik;able thereto. f8.1) Funeral home uaggmay t!e allied in the pu iiclse pmblig i IQ B the b owing: ,ourrou ding u ses: - Sufficient -site gueuina Is_available ? a=Mmodata 112MIected a ac&b; and , - Idl - The with all he general st andards S ntalned in s Bryon -- -`, .. 4,9.052- . ti ordia = W n-% The provisions of this ordinance are found and determined to be consistent with the City of Clearwater Comprehensive Plan. Bedga4. This ordinance shall take effect immediately upon adoption. ISection 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 Attest: Cynthia E. Goudeau City Cleric Approved as to farm and correctness; w Leslie Dougall-Sido Assistant City Attorney OrdW a 6M-% } F a l ? ???'•1 .:..'?` .?1 p?. 4 hg[?y 1?yF?. j'yN ;I .. i1'? ft. 4 F• „S>',•• ]. f >'f .. -4)W ?tlo • I ? Il1 • ; Yf =+r s , ?4?tFVF1iFt .? , -ORU1NANQE NQ- 6093:96 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, RELATING TO THE LAND DEVELOPMENT CODE; AMENDING SECTION 41.053, CODE OF ORDINANCES, TO ESTABLISH ADDITIONAL SUPPLEMENTARY CONDITIONAL USE PERMIT STANDARDS CONSISTENT WITH THE PINELLAS PLANNING COUNCIL RULES; PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA: Sedjon 1 Section 41.053, Code of Ordinances, is amended to read: Sec. 41.053. Supplementary standards by category of use. The standards in this section which apply to the identified category of use shall supplement the general standards of use identified in section 41.052. No conditional use shall be authorized unless determined to meet all of the standards applicable thereto. (15) Manufacturing uses may be allowed in the infill commercial, downtownlmixed use, research, development and office park, urban center (core) and urban center (eastern corridor) districts subject to all of the following: (a) The hours of operation are compatible with surrounding uses; (b) The volume and type of traffic generated by the use is compatible with surrounding uses; (c) Any noise, wastes, or emissions generated by the use are compatible with surrounding uses; (d) In infill commercial districts, a minimum lot size of 10,000 square feet shall be provided for this use...raot mcEe -than fye-cont guous_ acres shall be _utilized fgf this use wlthQld0.ComprehQnsiv-e Plan -amendment, and this use is only allowed within the infill commercial districts classified as Commercial General in the City's Comprehensive Plan; (e) There shall be no exterior storage ,-Qrextedgr prDcg5filna associated with the use; and The use complies with all of the general standards contained in section 41.052. (29.1) Research and technology production uses maybe allowed in the general commercial, infiil commercial, highway commercial, commercial center, downtown/mixed use districts subject to all of the following: (a) The hours of operation are compatible with surrounding uses; (b) The volume and type of traffic generated by the use is compatible with surrounding uses; (c) Any noise, wastes, or emissions generated by the use are compatible with surrounding uses; Ordinance 6093-96 (d) In all applicable commercial zoning districts, this use is only allowed If located within the Commercial General category as designated in the City's Comprehensive Plan mil; this use without _a Comptghens[ve Pfan amendment; (e) There shall be no exterior storage or-exterior-processing associated with the use; and (f) The use complies with all of the general standards contained in section 44.052, fiction 2. The provisions of this ordinance are found and determined to be consistent with the City of Clearwater Comprehensive Plan. Section ?. This ordinance shall take effect Immediately upon adoption. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Attest: Approved as to form and legal sufficiency: Irv, Leslie K. Dougall-Side's Assistant City Attomek November 7, 1995 Rita Garvey Mayor-Commissioner Cynthia E. Goudeau City Clerk s. ardlu= 6M-9G 2.45 C tN.kF .. __ frt'a ..tV"= ?.•L:v .1 ..k+ ? , 'a 3 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, RELATING TO THE LAND DEVELOPMENT CODE; AMENDING SECTION 41.221 TO ALLOW OUTDOOR CAFES IN THE PUBLIC/SEMIPUBLIC AND OPEN SPACE/ RECREATION ZONING DISTRICTS ON CLEARWATER BEACH; PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA: Section 1. Section 41.221, Code of Ordinances, is amended to read: See. 41.221. Outdoor cafes. (1) Location and operation of outdoor cafes. Outdoor cafes may be located and operated in street setback areas or otherwise generally adjacent to, but not on, public sidewalks on Clearwater Beach in the beach commercial, resort commercial 24, aqd resort commercial 28, p,1ihlic/seminublic adonen splrecreation districts, in the North Greenwood commercial district, the commercial center district, and the urban center district... . Smtion 2 The provisions of this ordinance are found and determined to be consistent with the City of Clearwater Comprehensive Plan. Section . This ordinance shall take effect immediately upon adoption. PASSED ON FIRST READING --No3m mber 7. 1996 PASSED ON SECOND AND FINAL READING AND ADOPTED Rita Garvey Mayor-Commissioner Approved as to form and legal suffi?ciency: /y? . '?"' , - a Y, Leslie Dougall-Sides I Assistant Cityssistant City Atto y Attest: Cynthia E. Goudeau City Clerk Ordinance 61{D-96 r r. ORDINANCE NO. 6106M AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, ESTABLISHING A SCHEDULE FOR SOLID WASTE FEES, RATES AND CHARGES; AMENDING SECTIONS 32.292, 32.293, AND 32,296, CLEARWATER CODE OF ORDINANCES; DELETING SUBSECTIONS (C), AND (D), OF SECTION (3) RATES, ARTICLE XXV PUBLIC WORKS-FEES, RATES AND CHARGES; AMENDING THE SCHEDULE OF FEES, RATES AND CHARGES TO CREATE SECTION XXIX TO APPENDIX A FOR SOLID WASTE FEES, RATES AND CHARGES; REASSIGNING CERTAIN DUTIES AMONG CITY OFFICES; PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA: Section 1. Section 32.292, Clearwater Code of Ordinances, is amended as follows: Sec. 32.292. Application. Every person required to procure the permit for roll-off container service provided for in section 32.291 shall submit an application for such permit to the director of public works. The application shall: (4) Be submitted to the city manager by the director of 5olid waste pubiiG waft. together with all pertinent information required in this division, in order that a determination can be made by the city manager. Section 2. Section 32.293, Clearwater Code of Ordinances, is amended as follows: A. Ordinance No. 6105-96 vP^:i?F "l,•tiGl+i+.4wi+.r PoMSw'i ••.. I.ti. :l:i?.y!' .ni ..lair:. '.?. ..ie ?..... ?_ ... ..., ...?. ? .. .. .. fr .. .«,.. .. .. ......... ., .. ,z Sec. 32.293. Prerequisites to issuance. In determining whether or not a permit for the placement or. servicing of roll-off containers should be issued, the city manager shall consider and base his decision on the following: (4) The certificate of approval of the director of solid waste its weFks to the effect that the applicant has satisfied the following: Section 3. Sec. 32.296, Clearwater Code of Ordinances, is amended as follows: Sec. 32.296. Termination, denial, renewal. (1) All permits for roll-off container service Issued pursuant to this division shall be valid for not more than one year and shall terminate on September 30 of each year. (2) Each permit holder shall make a written application for renewal on forms provided by the director of some public-weds on or before October I of each calendar year, which renewal application shall update the information provided by the initial application and shall be accompanied by a fee in the amount required for initial applications. (3) Applications for renewal shall be processed in the same manner as an initial application. (4) No permits required by this division shall be renewed, and no new permit shall be issued to any person unless the dire- ctor- gf -solid waste supeOntendent of sanitationdetermines that the city is unable to collect, remove or dispose of certain garbage, rubbish and other accumulations. In such case, he then shall submit his written findings to accompany the applications and such findings shall be considered in the issuance or renewal process. (5) Such permit may be terminated or denied by the director of lQw Was PUbl#s-wars but only after the procedure set out in section 29.41(2) has been followed. (6) The granting or renewal of a permit pursuant to this division shall not be construed as a grant of a franchise or of vested rights. ection 4. Sections 32.298 and 32.299, Clearwater Code of Ordinances, are added as follows: 2 Ordinance No. 6105.98 t Rates and Charges. Section MIX Clearwater Solid Waste System Fees. Rates and_Charg.e.5- (Solid_W e_Rates,Section 32.2961 Section 5• Subsections (c) Solid Waste Collection Rates, and (d) Recycling, of Section (3) Rates, of Article XXV. PUBLIC WORKS--FEES, RATES AND CHARGES, are deleted, and the remainder of Section (3) Rates will be relettered. .%qection& Article XXIX will be added to Appendix A - Schedule of Fees, Rates and Charges as follows: XXIX SOLID WASTE FEES, RATES AND CHARGES: (1) Solid waste collection rates. (a) Monthly charges for twice weekly collection of solid waste in prescribed containers. 1. Single-family and multiple-family dwellings. (i) Curbside pickup: $16.30 minimum for each living unit with no limit on the number of containers per unit on manual pickups. One container will be provided for automated service. Additional containers will be provided at the discretion of the director of solid waste at the rate of $16.30 per container. Where routes are automated, automated service shall be the only option. (ii) Side or rear building collection: $32.60 minimum for each living unit. Manual pickup has a limit of two containers, each having a capacity no larger than 32 gallons per unit. A fee of $11.37 each will be charged for each additional 32-gallon or smaller container for rear yard pickup. A fee of $32.60 will be charged for side or rear building collection of each automated container. (iii) Base charge: $5.42 for each account. The base charge will be included in the monthly charge for active accounts. Dormant accounts will be assessed the base charge. 2. Motels, apartment motels, or apartments renting by day or week; all containers serving the premises shall be centrally located at one collection point. 3 Ordinance No. 6105.96 (I) Curbside pickup: First living unit, minimum :... 16.30 All additional living units, per unit .... 8.53 (ii) Side or rear building collection: First living unit, minimum .... 32.60 All additional living units, per unit .... 16.30 3. Motels, apartment motels, or apartments renting by day or week with commercial containers. In accordance with the schedule In subsection (5)(d)2.a. of this section. 4. Commercial buildings of all types such as stores, hotels, factories, filling stations, service establishments and the like with separate water metering for twice weekly collection. (i) Curbside pickup, minimum .... 16.30 (ii) Side or rear building collection: Two containers, minimum .... 32.60 Each additional container. . . . 11.37 (ill) Commercial containers: In accordance with the schedule In subparagraph (5)(d)2.c of this section. 5. Each building containing four or more separate business or professional offices and one common water meter. (i) Curbside pickup: ; First eight containers .... 68.20 Each container in excess of eight ....10.00 (ii) Side or rear building collections: First eight containers .... 136.40 Each container in excess of eight .... 20.00 (iii) Commercial containers: In accordance with the schedule in subparagraph (5)(d)2.c. of ; this section. 4 Ordinance No. 6105-56 (b). Monthly charges for daily commercial (except Saturday, Sunday and holidays) collection for solid waste in prescribed containers. 1. Curbside pickup: (1) One container, minimum .... 42.62 (ii) Each additional container .... 42.62 2. Side or rear building collection: (1) One container, minimum., . , 85.25 (ii) Each additional container .... 85.25 3. Commercial containers: € (i) Uncompacted commercial. Size Times per Week Pickup (cubic yard) 1 2 3 4 5 6 1 1 $41.82 $ 75.85 $108.86 $150.37- $ 198.78 288.64 2 75.90 138.66 201.41 277.33 369.18 543.06 3 98.19 179.40 260.60 358.85 477.71 702.72 4 117.94 217.60 317.26 437.83 583.70 859.85 5 118.12 235.23 354.35 497.24 670.13 997.40 6 159.50 296.07 432.64 597.87 797.76 1,176.17 8 201.38 374.91 548.44 758.38 1,012.37 1,217.64 y F 5 1 No new one-yard commercial containers shall be provided after January 3, 1991. Ordinance No. 6145-96 - it 01) Compacted commenclal: Size Times per Week Pickup (cubic yard) 1 2 3 4 5 6 1 $ 88.82 $ 177.65 $ 266,47 $ 373.94 $ 503.95 $ 750.06 2 151.86 303.71 455.57 639.29 861.56 1,282.32 3 214.89 429.78 644.66 904.64 1,219.17 1,814,58 4 277.97 555.94 833.91 1,170.21 1,577,07 2,347.28 5 340.95 681.90 1,022.85 1,435.34 1,934.39 2,879.09 6 403.98 807.96 1,211.95 1,700.69 2,291.99 3,411.35 8 530.04 1,060.09 1,590.13 2,231.40 3,007,21 3,616.95 (c) The charge for the collection of loose trash or garbage shall be $149.50 per hour or $2.49 per minute for time on site with a minimum charge of $25.00. (d) The charges set forth above shall be subject to adjustment for increases or decreases in the dump fee. Uniform increases or decreases shall be recommended by the director of solid waste and approved by the city manager, and a copy of the adjusted charges shall be filed with the city clerk. Other Increases or decreases shall be subject to approval by the adoption of an ordinance by the city commission, upon the recommendation of the city manager. (2) Recycling. a. Recovered materials dealer annual application fee ... . $50.00 b. Curbside recycling. 1. Monthly charges for curbside service for once- weekly collection for each unit: 6 Ordinance No, 8105-96 Calendar Year 1994 1995 1996 1997 1998 $1.99 2.05 2.05 2.05 1.99 2. Charge for additional curbside recycling bins or replacement of bins lost or damaged due to negligence shall be: Cost plus $1.00 handling charge per bin (one-time charge per delivery), 3. Charge for a curbside recycling bin toter shall be: Cost plus $1.00 handling charge. 4. Special collection of recyclables where City services a bin at the residence or carries bin to curb, without physician's certification of medical necessity, shall be: Twice the curbside recycling charge, 5. Service outside of the municipal limits. Accounts outside of the city limits shall have a ten percent surcharge assessed over and above the monthly charges for curbside service for once-weekly collection for each unit. C. Monthly charges for multifamily collection of prescribed service: 1. Service with semi-automated carts: Calendar Year 1994 1995-97 1996 Cluster of 1, 2 or 3 Carts Time(s) per Week Pickup 1 $54.48 $56,00 1 $57.52 2 x 98.31 101.09 103.86 3 x 142.14 148,17 150.20 7 Ordinance No. 6105-96 . I 4 x 196.64 202.18 207.73 5 x 264.04 271.42 278.80 6 x 397.88 408.74 419.60 Cluster of 4 or 5 Carts Time(s) per Week Pickup 1 $61.48 $63.00 $64.52 2 x 112.31 115.09 117.86 3 x 163.14 167.17 171.20 4 x 224.64 230.18 235.73 5 x 299.04 306.42 313.80 6 x 439.88 450.74 461.60 Each Additional Cart over 5 Time(s) per Week Pickup 1 $7.00 $7.25 $7.50 2 x 14.00 14.50 15.00 3 x 21.00 21.75 22.50 4 x 28.00 29.00 30.00 5 x 35.00 36.25 37.50 6 x 42.00 43.50 45.00 8 OM3nanco No, 6105-9e F 1 ! 1 A •r i r` 2. Service with non-compacted commercial container. Times Per Week Pickup Dumpster Size (cubic yard) 1 2 3 4 5 6 2 $44.02 $80.42 $118.82 $160.85 $214.12 $314.97 3 56.95 104.05 151.15 207.84 277.07 407.58 4 68.41 126.21 184.01 253.94 338.55 498.71 6 92.51 171.72 250.93 346.76 462.70 682.18 8 116.80 217.45 318.10 439.86 587.17 706.23 Multifamily complexes serviced with one compartmentalized container cluster of four equates to one three cubic-yard dumpster. d. Monthly charges for once-weekly collection of recyclables at each multi-family complex offered after January 1, 1996, will be for each living unit: 1998 .??Z 1998 $1.50 $1.50 $1.45 Billing for recycling service offered before June 1996, will commence June 1, 1996. Billing for service offered after June 1, 1996, will commence In the appropriate billing cycle of the month following e, Monthly charges for commercial collection represents the target level of commercial recycling from which the solid waste department will flex up or down to be competitive with certified recovered materials dealers (private recycling companies) operating within Clearwater. 9 Ordinance No. 8105-98 1. The target level charge for service with seml- automated carts shall be charged on the same basis as rates Included In 3.a. 2.' The target level charge for service with non- compacted commercial containers shall be the same as rates included In 3.b. above. (3) Rail-off service. (a) Pull charges. A pull being the hauling, dumping and returning of a container one round trip. 1. 20 yd. - $ 95 per pull 2. 30 yd. - $100 per pull 3. 40 yd. - $105 per pull (b). Deposits. 1. Roll-off compactors. A $400 deposit will be charged for each roll-off compactor. 2. Open top container. A $400 deposit will be charged for open top roll-off containers. Service charges will be assessed against the deposit until it is Insufficient to cover the next pull and disposal bill. At that time the customer will be required to make a payment on account or replenish the deposit in order to cover the next service billing. 3. The initial deposit may be set at less than the normal three month level upon determination of being in business for two years or more or otherwise providing satisfactory credit worthiness and by executing a special depositipayment agreement approved by the director of solid waste which provides for a more rapid payment schedule than normal. (c) Billing. Roil-off service customers will be billed for a combination of the pull charge, disposal fee and any other roil-off services rendered. (d) Other service charges. 1. Rental. A $3 per day rental charge will be assessed for containers not pulled and dumped a minimum of once each month. 2. Rinse and deodorize $25. i i 10 Ordinance No, 6105-90 3. Overload charge $50 for any container loaded above the rim. 4. Damage. Damage to container will be assessed at actual cost of repair. 5. Enforcement. Any charges assessed against a city roll-off vehicle for overweight or overloading will be paid by the customer to whom the container service is provided. 6. Malfunction. Containers that are damaged and/or not maintained property and cannot be dumped will be returned to the owner for repair and a pull charge assessed for the trip. After repair, a second pull charge will be assessed for the pull along with disposal fee and other appropriate charges. 7. Premium service. Any roll-off service required after duty hours or on weekends or holidays where overtime must be paid will be billed to the customer at time and one- half or 150% of the established charge. 8. Placement or retrieval. A $50 charge will be assessed for the placement or retrieval of a container requested and not used or returned empty without an associated pull charge. 9. Lease and Service Rates. Lease and service rates for compactors will be based upon the size, type and installation requirements of the compactor as determined by the director of solid waste. (e) Charges for roll-off service represents the target level of charges for the services rendered from which the solid waste department will flex up or down to be cost effective while providing the most economical service to customers. section 7. This ordinance shall take effect immediately upon adoption. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Approved as to form and legal sufficiency: J Carassas, Asst. City Attorney Rita Garvey, Mayor-Commissioner Attest: Cynthia E. Goudeau, City Clerk 11 Ordinance No. 6105.96 i 1 WIVIN ® Waste Management, Inc. p? A WM% Technologies Company Pl" 954.984 2000 2100 NW 481h Street Fax: 954 984 2058 Pompano Beach, Ft 33013 Fa: 954.984 2059 November 20, 1996 Pamela Akin, Esq. City Attorney City of Clearwater 112 S. Oceola Avenue Clearwater, FL 34618 Dear Ms Akin: The purpose of this letter is to register our concerns regarding the City's proposal to provide roll-off service to Clearwater's construction and demolition sites. Waste Manageentwelcomes competition. We believe that by providing superior m service, we will ultimately be rewarded with significant business. On a level playing field, we believe we can compete with other vendors offering similar services. However, the City's entry into the market is not on a level playing field. As you know, i the City proposes to continue levying a 15% surcharge on private haulers who provide such service. The.surcharge effectively destroys competition and raises anti-trust and unfair competition issues. Waste Management requests that the City reconsider its proposal in light of these concerns. We would like to discuss the issues with you at your earliest convenience. Sincerely, ONALD M. KAPLAN Group Counsel RMK/kmw cc: Board of Commissioners r+,.w.??«wwrw NOV 211996 G'I TY A T FOR,.1IFY i s 3 i ORDINANCE NO. 6107-96 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING ORDINANCE NO. 3205-83, AS AMENDED BY ORDINANCE NO. 3287-83, ORDINANCE NO. 5142-91 AND ORDINANCE NO. 5722-95, A DEVELOPMENT ORDER ISSUED PURSUANT TO CHAPTER 380, FLORIDA STATUTES, FOR PARK PLACE, A DEVELOPMENT OF REGIONAL IMPACT; PROVIDING FINDINGS OF FACT; PROVIDING CONCLUSIONS OF LAW; PROVIDING A CONVERSION FACTOR FOR RETAIL COMMERCIAL, OFFICE AND HOTEL DEVELOPMENT; REFLECTING THE CURRENT OWNERSHIP AND CONFIGURATION OF THE PARCELS OF THE DEVELOPMENT, DETERMINING' THAT SAID AMENDMENTS ARE CONSISTENT WITH THE ADOPTED COMPREHENSIVE PLAN; PROVIDING FOR PROPER NOTICE OF PROPOSED ENACTMENT; AND PROVIDING FOR THE EFFECTIVE DATE OF THIS ORDINANCE. WHEREAS, on September 1, 1983, the City Commission adopted Ordinance No. 3205-83 (the "Development Order") which ordinance constitutes a development order for Park Place, a development of regional impact, affecting the property described on Exhibit "A" attached hereto and incorporated herein (the "Development'); and WHEREAS, on October 20, 1983, the City Commission adopted Ordinance No. 3287-83, an amendment to the Development Order and readopted Ordinance No. 3287-83 on December 8, 1983; and WHEREAS, on December 19, 1991, the City Commission adopted Ordinance No. 5142-91, an Amendment to the Development Order; and WHEREAS, on January 19, 1995, the City Commission adopted Ordinance No. 5722-95, an Amendment to the Development Order; and WHEREAS, on August 8, , 1996, Park Place Land, Ltd., a Florida limited partnership, the owner of certain undeveloped areas of the Development, filed an application entitled "Notification of a Proposed Change to a Previously Approved Development of Regional Impact ("DRl") pursuant to Subsection 380.06(19), Florida Statutes" (the "NOPC") with the City of Clearwater (the "City"), with copies provided to the Tampa Bay Regional Planning Council (the 'TBRPC") and the Florida Department of Community Affairs (the "DCA"); and Ordinance No. 6107-96 WHEREAS, the NOPC proposes to amend the Development Order to (i) provide a land use conversion factor for Parcel 4 shown on Exhibit "B" attached hereto and incorporated herein for the conversion of approved retail commercial development to office and/or hotel development and (11) reflect changes in the ownership and configuration of the parcels of property within the Development (collectively, the "Proposed Changes"); and WHEREAS, the ownership of the Development is as shown on Exhibit "B" attached hereto and incorporated herein; and WHEREAS, portions of the Development are individually referred to herein by the Parcel Numbers shown on Exhibit "B" attached hereto and incorporated herein; and WHEREAS, certain of the Proposed Changes, combined with previous amendments to the Development Order, are presumed to create a substantial deviation, pursuant to Subsection 380.06(19), Florida Statutes; and WHEREAS, the NOPC has satisfactorily addressed all regional issues related to the Development and the presumption of a substantial deviation has been rebutted; and WHEREAS, the City Commission, as the governing body of the local government having jurisdiction pursuant to Chapter 380, Florida Statutes, is authorized and empowered to consider applications for proposed changes to previously approved DRIs; and WHEREAS, the public notice requirements -of Chapter 380, Florida Statutes, and the City have been satisfied; and WHEREAS, the City Commission has reviewed the NOPC, as well as all related testimony and evidence submitted by each party and members of the general public. BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA: Section 1, Introduction - This Ordinance shall constitute an amendment to the Park Place Development Order as previously amended. ,Section ,. Fj do ings - The City Commission, having received all related comments, testimony and evidence submitted by each party and members of the general public, finds that there is substantial competent evidence to support the following findings of fact: A. The Park Place Development Order, as adopted by Ordinance No. 3205- 83, and amended by Ordinances No. 3287-83, No. 5142-91, and No. 5722- 95, is a valid final development order within the provisions of Section 2 Ordinance No. 6107-96 163.3167(8), Florida Statutes, affecting the property described on Exhibit "A" attached hereto and incorporated herein. B. Park Place Land, Ltd., a Florida limited partnership, the owner of Parcel 4 of the Development as shown on Exhibit "B," has proposed the following amendments to the Development Order: 1. Adding a land use conversion factor for Parcel 4 for the conversion of approved retail commercial development to office and/or hotel development; and 2. Reflecting changes in the ownership and configuration of the parcels of property within the Development; and 3. Modifying certain provisions of the Development Order to be consistent with changes described in the NOPC. C. A comprehensive review of the impacts generated by the Proposed Changes, together with all previous amendments, has been conducted by the City's departments, the TBRPC and the DCA. D. The Proposed Changes are not located in an area of critical state concern designated as such pursuant to Section 380.05, Florida Statutes (1993). E. The Proposed Changes, together with all previous amendments, do not increase the external traffic impact of the development, nor do they create additional impacts on other public facilities, including water, wastewater, drainage, solid waste, recreation and mass transit, from the original projections set forth in the Application for Development Approval ("ADA" ). F. The Proposed Changes heretofore approved are determined not to be a substantial deviation to the Development Order. - The City Commission, having made the above sStdign 3. Conglu2igns of Law findings of fact, reaches the following conclusions of law: A. The Development as built to date is consistent with the local comprehensive plan and local land development regulations under which it was developed. B. The Development as modified herein, and as depicted on the Revised Map H, Master Plan, attached hereto as Exhibit "C," will not unreasonably interfere with the achievement of the objectives of the adopted state land development plan applicable to the area. 3 Ordinance No. 6107-96 C. The Proposed Changes are consistent with the local land development regulations currently in effect. D. The Proposed Changes, together with all previous amendments, do not create a reasonable likelihood of additional impact or any type of regional impact not previously reviewed by the TBRPC and DCA, over those treated under the Development Order. The Proposed Changes, therefore, do not constitute a "substantial deviation" from the Development Order, pursuant to Chapter 380.06, Florida Statutes. The Proposed Changes are exempt from the provisions of Ordinance No. 4983-90, City of Clearwater and the Park Place DRl remains vested thereunder. E. Nothing herein shall limit or modify the rights originally approved by the Development Order or the protection afforded under Section 163.3167(8), Florida Statutes, except to the extent that specific rights and protections are limited or modified by the Proposed Changes to the Development Order as approved by this ordinance. F. The Proposed Changes are within the threshold guidelines of Ordinance No. 4983-90 of the City, relating to determinations of vested development rights, and the Park Place DRI remains vested thereunder. G. These proceedings have been duly conducted pursuant to applicable law and regulations, and based upon the record in these proceedings, the various departments of the City, Park Place Land, Ltd., and other owners of the Development are authorized to approve/conduct development as described herein. H. The review by the City, the TBRPC, and other participating agencies and interested citizens reveals that impacts are adequately addressed pursuant to the requirements of Chapter 380, Florida Statutes. Section 4. Order - Having made the above findings of fact and drawn the above conclusions of law, it is ordered that the Development Order be amended as follows: A. The Conceptual Plan described in Sections 4.A. and 4A. of the Development Order is amended to be as shown on Exhibit "C" attached hereto and incorporated herein. All references to the Conceptual Plan set forth in the Development Order shall refer to the Amended Conceptual Plan attached hereto as Exhibit "C." 4 Ordinance No. 6107-96 B. Section 4.C. of the Development Order Is amended to read: 4.C, The Project is approved for a total maximum floor area of 1,145,520 square feet, comprised of a maximum.795,520 square feet of office use, a maximum 200,000 square feet of industrial use and a maximum 150,000 square feet of retail commercial use, subject to the conversion factor set forth in Subsection 4.A.A. The permitted maximum floor area is to be approved subject to the FAR limitations set forth below. C. Subsection 4.A.A. of the Development Order is amended to add the following: Conversion factors to permit (1) 1,000 square feet of retail commercial development to convert to either (x) 2,875 square feet of office development or (y) 11.96 hotel rooms and/or (ii) 1,000 square feet of office development to convert to 4.16 hotel rooms are hereby established for the retail commercial area shown as Parcel 4 on Exhibit "B." These conversion factors are set forth in the following table: LAND USE TRADE-OFF RATES PARCEL 4 <4°'S'lCs1lP1?1` {l4Il1Y$?Ntt`f?'.":T ,K 1,000 sq. ft. Retail 2,875 s . ft. Office 1,000 sq. ft. Retail 11.96 Hotel Rooms 1,000 sq, ft. Office 4.16 Hotel Rooms Notwithstanding the foregoing, development on Parcel4 shall be limited as follows: MINIMUM MAXIMUM' Office 0* 130,505* Hotel 0** 224** 'square feet of floor area "rooms Thirty (30) days prior to issuance of any permit which utilizes the conversion factors, DCA and TBRPC shall receive notice, from the Developer, of the proposed use of the conversion ratio. 5 Ordinance No, 8107-98 D. The following subsection is added to the Development Order as Subsection 4.E.E.: E.E. Prior to the issuance of any development permit for any portion of Parcel 4, the owner of Parcel 4 shall grant to the City a perpetual non-exclusive easement for pedestrian Ingress and egress and construction and maintenance of a sidewalk at the City's cost. Such easement shall be ten feet (10') in width along the southerly boundary of Parcel 4 and shall extend from the westerly boundary of Parcel 4 to the easterly boundary of Parcel 4 ("Sidewalk Easement"). The City agrees that the Sidewalk Easement may be located within any setback areas on Parcel 4 and shall not have the effect of enlarging any Parcel 4 setbacks or otherwise reducing the development rights for Parcel 4. E. The following subsection is added to the Development Order as Subsection 4.F.F.: F.F. The owner of Parcel 4 shall be entitled to curb cuts for the purpose of access to and from Parcel 4 and Park Place Boulevard. F. The amendments stated herein, together with all previous amendments, do not constitute a substantial deviation, pursuant to Chapter 380.06, Florida Statutes. G. Nothing herein shall limit or modify the rights originally approved by the Development Order or the protection afforded under Section 163.3167(8), Florida Statutes, except to the extent that specific rights and protections are limited or modified by the proposed amendments to the Development Order as approved by this ordinance. H. The City Clerk shall send copies of this ordinance, within five (5) days after passage of this ordinance on second reading to Park Place Land, Ltd., DCA and TBRPC. 1. This ordinance shall be deemed rendered upon transmittal of copies hereof to the TBRPC and the DCA. J. Notice of adoption of this ordinance shall be recorded by the Developer in the public records of Pinellas County, Florida, as provided in Section 380.06, Florida Statutes. Sedon 5. Effective Date. This ordinance shall take effect when filed as provided by law, unless this ordinance is appealed, in which event this ordinance shall not take effect until such appeal has been decided. 6 Ordinance No. 6107-96 M Rita Garvey Mayor - Commissioner i i i. t i 'i e 7 Ordinance No. 6107-96 t S' t i EXHIBIT "A" TO ORDINANCE NO. 6107-96 Commence at the center of Section 17, Township 29 South, Range 16 East, Pinellas County, Florida and go S 89°46'01" W. 660.00 feet, along the South boundary of the Northwest 114 of said Section 17 (the East-West centerline of said Section 17;) thence N 00°19'21" W, 50.00 feet, to a point on the North right-of-way line of Gulf-to-Bay Boulevard -- State Road 60 for 4 POINT OF BEGINNING; thence, following said North right-of-way line, S 89°46'01" W, 58.49 feet; thence N 00°13'59" W, 10.00 feet; thence S 29°46'01" W, 1319.21 feet; thence, leaving said North right-of-way line, N 01004'04" E, 599.99 feet; thence S 89°46'01" W, 198.43 feet; thence N 00°52'21" E, 554.70 feet; thence S 89°54'49" W, 400.06 feet, to a point on the East right-of-way line of U.S. Highway 19; thence, following said East right-of-way line, N 01°04'04" E, 28.15 feet; thence along a curve to the right that has a radius of 192.00 feet, an arc length of 72.82 feet; a chord length of 72.39 feet, a chord bearing of N 11°56'04" E, 'thence N 22°47'58" E, 11.93 feet; thence along a curve to the left that has a radius of 238.00 feet, an arc length of 16.13 feet, a chord length of 16.13 feet, a chord bearing of N 20°51'27" E, to a point on the North boundary of the Southwest 114 of the Northwest 114 of said Section 17; thence, leaving said East right-of-way line of U.S. Highway 19, N 89°54'49" E, 1222.19 feet, along the North boundary of the Southwest 114 of the Northwest 114 of said Section 17 to the Southwest corner of the Northeast 114 of the Northwest 114 of said Section 17; thence N 00°22'28" E, 1337.33 feet, along the West boundary of the Northeast 114 of the Northwest 114 of Section 17 to the Northwest corner of said Northeast 114 of the Northwest 114; thence S 89°56'11" E, 1312.06 feet, along the North boundary of said Northeast 114 of the Northwest 114 to a point on the West right-of-way line of Hampton Road - County Road 144; thence S 00°19'21" E, 2337.71 feet, along said West right-of-way line; thence S 89°46'01" W, 627.00 feet; thence S 00°10'21" E, 280.00 feet, to the POINT OF BEGINNING, containing 99.133 acres, more or less. Subject to easements and rights-of-way of record. Information taken from survey by Lloveras, Baur & Stevens, Consulting Engineers-Land Surveyors, Clearwater, Florida, February 23, 1982. Ordinance No. 6107-96 • p _ .? N L) 0) T- o N (D tD G co ` =;ci tD 3 g -v E m m u m .v C3 J co .mil M '? 't7 go N.. C t1. J N m N .C _j 8 ul m U. to CD CL :3 06 0 (d a: (D M r CL CL o 0 a- 0- © U 0 .140 CN 0 orp M d ID W cS Q- ° ° ca U CL N o ..3 C14 N U t/3 V K!? N U a e v. a o o o a ? c3? v ° co N '`. z ° a a .4 • Q ,,._ 'r 'r chi N C N ?'- N _;• 6 y , w 0 t , f a S 1 • ti f. d o o ? c m a co r C O V) J O C CL m N r !- E. m J J O 0 -J N r N ? O = CD U' CM 3.0 -0 @ C an as CO I co ? ....lJ m m a0 CV. LL. C3 00 m J C N U-) JS -j 00.0 -0 E coC O ,co LL_ ?-CO cTcyy2 1 C O o CN)O if E S(D Cco a --: !LC U C e-' „1LL M m L U. ;o H•• m So c C -- r' •- a?arrvC14 E .-0 t?. a?c'nH m'waOa ?toN0 Ua:?°? U?v0 8 T co C? ti !- r T O D go NN C3 O r N r r O Y- O 4 M to C7) h r- O N C? O O r T C) C6 r T w ? N m b0 p Pa s s ?f v v ti. co i•F , S CF) < C9 C9 co ti-- LL lJL. LIL G Q 0 C X O C boo mooa?. ?a; U0. _.I U0..., Ua. Y" • ? Q ti ti ti . ' ?, N N c j1 I? ' r • ti+ ? v e, s s v 44 o M Ob W 3 f I p k 4 . ... ... .. .r.i '1.?: .win.-.1.. r ..• ... I r Y.. :3 .. . ' • .... ............ ?r???.........-•n...w.??w...w..?w....w....?.w.....wwrw ' ? 1N? M ? ~ yr i?•w•r ?i••1}??K yy1 1' 1 • 1 • a 1 1 1 1 ? 1 • rw?Iw•?w:?n11 w Q w1w•w1.1?,?i?i. PARCEL • 1 t:.••_ •.+..i_• ?_?_. ? `?ssaJ PARCEL 3 •Y Ib 0 ef3• i• Q MShw1R IK? r 1+111 • •t w ? ? • PARCEL 8 •---- > 9 PARCEL 4 PARCEL s ? f wr ' PA RCEL 7 PARCEL 6 ? , O a B i M ...a SX M ? PARCEL 5 3 a L? D 6 1103 1 DAY. it ?s p? .r .r z gg .r ••e W W ? W il f I 400 go O . •NO M IIC i ? - y ai NIM ??.. 1? ? f a .,•{twtiM yr ? w ? M r •r iM iM? ,? 1 ' w r ? M 6 4 M ti 1 •r E •0 - I I i i' E i? s ?ir? F E A l° .41:?_ ? _ ? . .. ?? .... e•rt+.r?w.r.+rvs. a _",r/_- __. '_,_?_?? ?/^ ?,_ ?. • ,i a?^wwl?WwL1•T'bX b.? Y.'t. l4'i pi, t•!• 1 _ 1'7.5,'" .. .; .. - ? •' •? ? ? ? . t .. ,j'y 1°.`.V., t4;?y., ??lp.:5.:?t.-??4i;?'*,{: S?a?a ???{ '?c?o ?,4. •;'t<, •; ;`, '?': ;t' .j: m #16 .r 1 6d,: 15 C 8? ,614 ;z est. •' ? ? ? ! 3 ^3rie ' k?f; . ORDINANCE NO. 6148-96 AN ORDINANCE GRANTING TO TIME WARNER ENTERTAINMENT - ADVANCE/NEWHOUSE PARTNERSHIP THE PERMISSION TO OCCUPY MUNICIPAL STREETS AND RIGHTS- OF-WAY IN THE CITY OF CLEARWATER, FLORIDA, AS A MEANS OF PROVIDING CABLE TELEVISION SERVICES; PRESCRIBING THE TERMS AND CONDITIONS ACCOMPANYING THE GRANT OF FRANCHISE; AND PRESCRIBING PENALTIES FOR THE VIOLATION OF ITS PROVISIONS; PROVIDING FOR SEVERABILITY OF PROVISIONS; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA: Section 1 -- Findings Pursuant to the procedures in the Cable Act (as defined in section 3), the Grantor (as defined in Section 3) has determined to renew the existing cable television franchise originally granted to vision cable of Pinellas, Inc. and subsequently transferred to Time Warner Entertainment - Advance/Newhouse Partnership (the "Grantee") (Ordinance No. 2084) on the terms and conditions set forth in this ordinance, and the Grantee agrees to such terms and conditions. Section 2 -- Short Title This Ordinance shall be known and may be cited as the {'Time Warner Entertainment-Advance/Newhouse Partnership Cable Television Franchise." Section 3 -- Definitions For purposes of this ordinance, the following terms, phrases, words, and their derivations shall have the meaning given herein. When not inconsistent with the context, words in the present tense include the future, words in the plural number include the singular number and words in the singular number include the plural number. The word "shall" is always mandatory and not merely directory. "Abandonment" means: (i) the cessation, by act or failure to act of the Grantee of the provision of all, or substantially all, of the Services then being provided over the , System to Subscribers or the Grantor for twenty-four (24) or more consecutive hours, except if due to an event beyond the control of'the Grantee; or (ii) the completion of any action described in Section 14 of this ordinance without the prior written consent of the Grantor. "Affiliated Person" means each Person who falls into one or more of the following categories: ( i ) each Person having, directly or indirectly, a Controlling Interest in the Grantee; (ii) each Person in which the Grantee has, directly or indirectly, a Controlling Interest; (iii) each officer, director, general partner, limited partner holding an interest of twenty-five percent (25%-) or more, joint venturer or joint venture partner, of the Grantee; and (iv) each Person, directly or indirectly, controlling, controlled by, or under common Control with, the Grantee; provided that "Affiliated Person" shall in no event mean the Grantor, the entity, if any, administering some or all of the Access Channels, any limited partner holding an interest of less than twenty-five percent (25t) of the Grantee, or any creditor of the Grantee solely by virtue of its status as a creditor and which is not otherwise An Affiliated Person by reason of owning a Controlling Interest in, being owned by, or being under common ownership, common management, or common Control with, the Grantee. "Basic Service" means that level of Cable Services distributed over the Subscriber Network, which, at a minimum, shall include: (i) all Signals carried on the System in fulfillment of the requirements of Sections 614 and 615 of the Cable Act (47 U.S.C. §§ 534 and 535, respectively) ; (ii) any Access Channel programming required by this Ordinance to be provided to Subscribers; (iii) any Signal of any broadcast station provided by the Grantee to any Subscriber, except a Signal which is secondarily transmitted by a satellite carrier beyond the local service area of such station; and (iv) any other Cable Services offered as basic service. "Cable Act" means the Cable Communications Policy Act of 1984, 47 U.S.C. §§ 521-611 (1991) and any amendments thereto and the Cable Television Consumer Protection and Competition Act of 1992, Pub. L. No. 102-385, 106 Stat. 1460 (1992), codified at 47 U.S.C. §§ 151-511 (1993) and any amendments thereto, both of which, among other things, are amendments to the Communications Act of 1934, 47 U.S.C. §§ 151-611 (1991). "Communications System" means any facility, consisting of a set of closed transmission paths and associated signal generation, reception and control equipment, a function of which is to provide Cable Services by receiving through any means, including, without limitation, coaxial cable, optical fiber, antenna, or satellite or microwave transmission, and distributing video, audio, voice, or data Signals, whether originating within the Franchise Area or elsewhere. The foregoing definition of "Communications System" shall not be deemed to circumscribe the valid authority of any governmental body, including the Grantor, to < 2 > regulate the activities of any other communications system or provider of communications services. "Cable Service" means: Subscribers of video programming (ii) Subscriber interaction, if selection or use of such video service. (i) the one-way transmission to or other programming-service and any, which is required for the programming or other programming "Channel" means a band of frequencies in the electromagnetic spectrum, or any other means of transmission (including, without limitation, optical fibers or any other means now available or that may become available), which is capable of carrying a video Signal, an audio Signal, a voice Signal, or a data Signal. "Control" or "Controlling Interest" means actual working control in whatever manner exercised, including, without limitation, working control through ownership, management, debt instruments, or negative control, as the case may be, of the System, the Franchise.or the Grantee. "Economically and Technically Feasible and Viable" means capable of being provided: (a) through technology which is readily available with reasonable delivery schedules from two (2) or more sources of supply and has been demonstrated in actual operating conditions (not simply through tests or experiments) to operate in a workable manner; and (b) in a manner which has a reasonable likelihood of generating a reasonable return on the Grantee's investment when measured over the remaining term of the Franchise. "FCC" means the Federal Communications Commission, its designee, or any successor thereto. ItFranchise Area" means the area consisting of the corporate limits of the City of Clearwater, as its borders may be changed from time to time. "Grantee" means Time Warner Entertainment - Advance/Newhouse Partnership, a partnership duly organized and validly existing under the laws of the State of New York, whose principal place of business is located at 300 First Stamford Place, Stamford, Connecticut 06902. "Grantor" means the City of Clearwater, Florida, or, as appropriate in the case of specific provisions of this ordinance, any board, bureau, authority, agency, commission, department of, or any other entity of or acting on behalf of, the City of Clearwater, Florida, or any officer, official, employee, or agent thereof, any designee of any of the foregoing, or any successor thereto. c 3 > "arose Revenue" means all revenue, as determined in accordance with generally accepted accounting principles, including advertising revenue, which is received, directly or indirectly, by the Grantee, by? any Affiliated Person, and any other Person from or in connection with the distribution of any Service on the System or the provision of any service related activity in connection with the System. Gross Revenue shall not include the revenue of any Affiliated Person or other Person, including, without limitation, a supplier of programming of the Grantee, to the extent that said Revenue is also included in Gross Revenue of the Grantee. "Pay service" means any Cable Service offered on a per Channel or per program basis. "Person" means any natural person or any association, firm, partnership, joint venture, corporation, or other legally recognized entity, whether for-profit or not-for-profit, but shall not mean the Grantor. "Responsible Franchising Official" means the body, organization or official to whom the applicable rights or obligations have been delegated by the Grantor pursuant to applicable law. "Rights-of-Way" means all of the public streets, alleys, highways, waterways, bridges, easements, sidewalks and parks of the City of Clearwater, as they now exist or may be hereafter constructed, opened, laid out or extended within the present limits of the City, or in such territory as may hereafter be added to, consolidated or annexed to the City. "Services" means any Cable Service, including any Basic Service, or any other service, including the provision of any equipment and any installation of equipment or facilities and monthly use thereof, whether originated by the Grantee or any other Person, which is offered to any Person in conjunction with, or distributed over, the System. "Signal" means any transmission of radio frequency energy or of optical information, "State-of-the-Art" or "State of the Art," as applicable, means that level of technical or service performance, capacity and capability (including, but not limited to, plant or other equipment; construction techniques; customer service; facilities, equipment, systems and operations; and performance standards) which has been developed and demonstrated in the cable industry to be workable and Economically and Technically Feasible and Viable from time to time throughout the term of the Franchise. 4 > "Subscriber" means any Person lawfully receiving any service provided'by the Grantee by means of or in connection with the System, whether or not a fee is paid for such service. "Subscriber Network" means that portion of the System over which Services are provided primarily to residential Subscribers. "System" means the Communications System which is to be constructed, operated, maintained and upgraded, as necessary, by the Grantee pursuant to this Ordinance, including, without limitation, all real property, all tangible and intangible personal property, buildings, offices, furniture, Subscriber lists, cables, amplifiers and all other electronic devices used in connection therewith and all rights, contracts and understandings with regard to any matter related thereto. Section 4 -- Grant of Authority (A) There is hereby granted by Grantor, to Grantee, the rights and privilege to construct, erect, operate, own and maintain, in, upon, along, across, above, over and under Rights-of- Way now laid out or dedicated, and all extensions thereof, and additions thereto in the Grantor, poles, wires, cables, underground conduits, manholes and other communication fixtures and utility structures necessary or proper for the maintenance and operation of the System in accordance with the provisions of this Ordinance. This Franchise is awarded subject to all applicable provisions of general or special laws of Florida and the federal laws and regulations. (H) This Franchise is for use by Grantee of Grantor's Rights-of-Way to provide Cable Services only and only within the Franchise Area. (C) The Franchise is nonexclusive. Nothing in this Ordinance shall affect the right of the Grantor to grant to any Person, or to itself, a franchise, consent, or right to occupy and use the Rights-of-Way, or any part thereof, for the construction, operation, or maintenance of all or any part of a Communications System within the Franchise Area or for any other purpose. (D) This Section 4(D) shal exercises its right to grant to franchises for the construction, cable system pursuant to the Cable consistent with Section 166.046 (Municipalities -- Definitions; television franchises imposed upon 1 be applicable if the Grantor any third party one or more operation or maintenance of a Act, and shall be implemented of the Florida Statutes minimum standards for cable counties and municipalities). 5 a If the Grantor exercises its right to grant to any third party one or more franchises (hereinafter "Additional Cable Franchise ordinance") for the construction, operation or maintenance of a cable system pursuant to the Cable Act and the Grantee believes the Additional Cable Franchise ordinance pursuant to which such Additional Cable Franchise Ordinance is granted bestows benefits and imposes burdens on the franchisee which, taken as a whole, are materially more advantageous to such third party than the benefits bestowed and burdens imposed on the Grantee by this Ordinance, taken as a whole, are to the Grantee, then the Grantee may request that the Grantor make a determination to such effect and, in the event of such a determination, renegotiate the terms and conditions of this ordinance as provided below. The Grantee may only request such a determination if the Grantee is in substantial compliance with the material provisions of this Ordinance. In the event of such a request, the Grantor shall determine, under its standard procedures, whether the Additional Cable Franchise ordinance bestows benefits and imposes burdens on the third party which, taken as a whole, are materially more advantageous to the third party than the benefits and burdens imposed by this Ordinance, taken as a whole, are to the Grantee. In making a determination under this subsection, the Grantor may consider factors such as, but not limited to: (i) the term of each franchise; (ii) the franchise fee to be paid by each franchisee, including the Grantee; (iii) differences in construction, operational and maintenance costs; (iv) differences in required system characteristics, including state-of-the-art requirements; (v) differences in service obligations, including public, educational and governmental access and institutional service requirements; (vi) differences in permitted company fees and charges; and (vii) such other factors and considerations as it considers to be relevant to an inquiry into the overall economic comparability of the agreements. If the Grantor determines that the Additional Cable Franchise ordinance bestows benefits and imposes burdens on the third party which, taken as a whole, are materially more advantageous to the third party than the benefits bestowed and burdens imposed by this ordinance, taken as a whole, are to the Grantee, then upon the Grantee's request, the Grantor and the Grantee shall enter into good faith negotiations to seek to modify this ordinance to bestow benefits and impose burdens which, taken as a whole, create overall economic comparability between this ordinance and the Additional Cable Franchise Ordinance. (E) Nothing in this Ordinance shall be construed to prohibit the Grantor from (i) operating as a multichannel video programming distributor in the Franchise Area, notwithstanding the c & > As granting of one or more franchises by the Grantor or (ii) requiring the Grantor to secure a franchise to operate as a multichannel video programming distributor. (F) Nothing in this ordinance shall (i) abrogate the right of the Grantor to perform any public works or public improvements of any description, (ii) be construed as a waiver of any codes or ordinances of the Grantor or of the Grantor's right to require the Grantee or any Person utilizing the System to secure the appropriate permits or authorizations for such use, or (iii) be construed as a waiver or release of the rights of the Grantor in and to the Rights-of-Way. In the event that all or part of the Rights-of-Way within the Franchise Area are eliminated, discontinued and closed, the Franchise shall cease with respect to such Rights-of-Way upon the effective date of the final action of the Grantor with respect thereto. (G) Nothing in this ordinance authorizes the Grantee to provide noncable services. The Grantee shall if required by applicable law petition the Grantor for the authority to provide noncable services, and the Grantor may grant such authority on terms and conditions that the Grantor reasonably determines are appropriate in the circumstances. Section 5 -- Term of Franchise (A) The Franchise and rights herein granted shall take effect and be in force from and after the final passage hereof, as required by law and upon the filing of an acceptance by Grantee of all the terms thereof with the Grantor and shall, unless sooner terminated pursuant to this ordinance or applicable law, continue in force and effect for a term of fifteen (15) years after the effective date of this Franchise. .(S) Subject to Section 626 of the Cable Act (47 U.S.C. 9 546), the Grantor reserves the right to grant or deny renewal of the Franchise. Section 6 -- Compensation and Other Payments (A) As compensation for the Franchise, the Grantee shall pay, or cause to be paid, to the Grantor the amounts set forth in this Section 6(A)-- (1) The Grantee shall pay to the Grantor franchise fees of Five Percent (5t) or the maximum amount permitted by the Cable Act, if hereafter adopted by resolution of the Grantor. c 7 > (2) All such payments of franchise fees shall be made on a quarterly basis and shall be remitted simultaneously with the submission of the Grantee's quarterly report required pursuant to section 6(A)(3). (3) The Grantee shall submit to the Grantor a report, in such form and containing such detail as the Grantor shall reasonably require, not later than thirty (30) days after the last day of each quarter throughout the term of this ordinance setting forth the Gross Revenue for the preceding quarter. (4) No acceptance of any franchise fee payment by the Grantor shall be construed as an accord and satisfaction that the amount paid is in fact the correct amount or a release of any claim that the Grantor may have for further or additional sums payable under this ordinance, and all amounts paid shall be subject to audit and recomputation by the Grantor. if, as a result of such audit or any other review, the Grantor determines that the Grantee has underpaid its fees in any twelve (12) month period by ten percent (10t) or more, then, in addition to making full payment of the relevant obligation, the Grantee shall reimburse the Grantor for all of the reasonable costs associated with the audit or review, including all reasonable out-of-pocket costa for attorneys, accountants, and other consultants. (5) If the Grantee collects from Subscribers any amounts to be paid to any Person for the provision of Services on the System that do not fall within the definition of Gross Revenue, the Grantee shall deduct the same 'percentage from such amounts as the then-applicable franchise fee percentage pursuant to Section 6(A) (1) and include such deducted amounts in its payment to the Grantor pursuant to this Section 6(A) and include such payments in its report pursuant to section 6 (A) (3) . (6) The Grantee shall ensure, through contract or other arrangement, that any Person other than the Grantee who collects from Subscribers amounts that would constitute Gross Revenue if received directly by the Grantee (e.g., from a Person who leases a channel pursuant to Section 612 of the Cable Act but not to include revenues from the sale of merchandise) is required to remit to the Grantor quarterly a percentage of such amounts collected which is equal to the then-applicable franchise fee. Such contract or arrangement must also require the Person to submit a quarterly report which meets the requirements of section 6 (A) (3) and must entitle the Grantor to enforce the fee and reporting requirements directly against the Person. 8 > (B) The parties agree payments to be made pursuant provision of this ordinance are of a tax and are in addition applicability or other fees o charges which may be imposed on conduits or similar facilities the Grantor) which the Grantee required to pay to the Grantor. that the compensation and other to this Section 5 and any other not a tax and are not in the nature to any and all taxes of general r charges (including any fees or the Grantee for the use of poles, that may be owned or controlled by or any Affiliated Person shall be (C) if any payment required by this Ordinance is not actually received by the Grantor on or before the applicable date fixed in this ordinance or by the Grantor, the Grantee shall pay interest thereon, from the due date to the date paid at a rate of one percent (1k) per month, compounded monthly, for the period of delinquency. (D) In the event the Grantee continues to operate all or any part of the System after the term of the Franchise, then the Grantee shall continue to comply with all applicable provisions of this ordinance, including, without limitation, all compensation and other payment provisions of this ordinance, throughout the period of such continued operation, provided that any such continued operation shall in no way be construed as a renewal or other extension of the Franchise. (E) The Grantee has paid or arranged to pay, in a manner satisfactory to the Grantor, a grant in the amount of Fifty Thousand Dollars ($50,000.00) that can be used for any lawful purpose. Section 7 -- The System (A) The Grantee shall construct, operate, maintain, and upgrade the System as provided in this ordinance. (B) The Grantee shall rebuild the System on the schedule and as otherwise provided in Appendix A. Upon completion of the rebuild, the System shall be capable of providing Seventy-nine (79) activated downstream video Channels, and a minimum upstream capacity of 350 MHz, an emergency override mechanism, and the other characteristics set forth on Appendix A. (C) The Grantee shall construct, operate, maintain and upgrade the System such that it is capable of transmitting and receiving signals to and from any other Communications System in the City of Clearwater. • (D) The Grantee shall comply with the terms set forth in Appendix B in connection with all work involved in the < 9 > construction, operation, maintenance, repair, upgrade, and removal of the System, in addition to any other requirements or procedures reasonably specified by the Grantor. All work involved in the construction, operation, maintenance, repair, upgrade, and removal of the System shall be performed in a safe, thorough and reliable manner using materials of good and durable quality. If, at any time, it is determined by the Grantor or any other agency or authority of competent jurisdiction that any parr of the System, including, without limitation, any means used to distribute Signals over or within the System, is harmful to the health or safety of any Person, then the grantee shall, at its own cost and expense, promptly correct all such conditions. (E) Neither the Grantor nor its officers, employees, agents, attorneys, consultants or independent contractors shall have any liability to the grantee or any Affiliated Person for any liability unless such liability arises because of the willful misconduct or gross negligence of the Grantor or its officers, as a result of or in connection with the protection, breaking through, movement, removal, alteration, or relocation of any part of the System by or on behalf of the grantee or the Grantor in connection with any emergency, public work, public improvement, alteration of any municipal structure, any change in the grade or line of any Street, or the elimination, discontinuation, and closing of any Street, as provided in this Ordinance. (F) Performance Bond-- . (1) To ensure that the operation of the System continues in an orderly and uninterrupted manner in the event of a default, by the Grantee, and for the other purposes specified in Section 7(F)(3) hereof, the Grantee shall arrange for, and shall maintain throughout the term of this Ordinance, a performance bond solely for the protection of the Grantor, with a corporate surety and trust company acceptable to the Director, as provided in this Section. (2) The performance bond shall be in a face amount of not less than Fifty Thousand Dollars ($50,000.00). (3) The performance bond shall indemnify the Grantor, up to the full face amount of the bond, for: (i) the cost to continue any upgrade of the System in the Franchise Area and to maintain operation of the System following a termination of this Ordinance up to the date upon which the face amount of the bond, plus all net revenue actually received through the continued operation of the System during said period, have been exhausted; (ii) any loss or damage to any municipal structure during the course of any construction or operation of the System; (iii) any other costs, or loss or damage actually incurred by the Grantor as a result of the Grantee's failure to perform its obligations 10 > pursuant to this ordinance; and (iv) the removal of all or any part of the System from the Rights-of-Way; (v) the payment of compensation set forth in this ordinance; (vi) the payment of premiums for the liability insurance required pursuant to this ordinance; (vii) the removal of the System from the property of the Grantor at the termination of this ordinance, at the election of the Grantor, pursuant to this Ordinance; (viii) the payment to the Grantor of any amounts for which the Grantee is liable pursuant to Section 16 which are not paid by the Grantee's insurance; (ix) the payment of any other amounts which become due to the Grantor pursuant to this Ordinance or law; and (x) any costs, losses or damages incurred by the Grantor as a result of a default of the Grantee's obligations under this Ordinance. (4) The performance bond shall be in a form approved by the City Attorney. Such approval shall not be unreasonably withheld. Such bond shall provide that it may not be cancelled without the consent of the Grantor. The Grantor will be given sixty (60) days written notice by registered mail, return receipt requested of intent to cancel or not renew this bond. (5) The faithful performance by and the liability of the Grantee pursuant to this Ordinance shall not be limited by the acceptance of the bond required by this Section 7(F). (6) Throughout the term of this ordinance, or for as long as the Grantee operates the System, whichever period is longer, and for at least ninety (90) days thereafter, the Grantee shall maintain the performance bond in the amount specified in this Section 7(F)(2). Within fifteen (15) business days after receipt of notice from the Grantor that any amount has been withdrawn from the performance bond, as provided in this Section, the Grantee shall restore the performance bond to the amount required pursuant to section 7 (F) (2) , provided that said restoration obligation shall be suspended during the period of any judicial challenge by the Grantee to the propriety of said withdrawal from the performance bond. If a court determines that said withdrawal by the Grantor was improper, the Grantor shall restore the improperly withdrawn amount to the performance bond.. (7) The Grantor shall have the right to withdraw amounts from the performance bond to cure any breaches of obligations for which the performance bond acts as security, provided, however, that the Grantor shall not make any withdrawals by reason of any breach for which the Grantee has not been given written notice and an opportunity to cure pursuant to Section 15 of this ordinance, including notice that the Grantor may make a withdrawal from the performance bond. The withdrawal of amounts from the performance bond shall, constitute a credit against the amount of the applicable liability of the Grantee to the Grantor but only to the extent of said withdrawal. 11 > .?.. ?. +'i ..:4s. ._ .,. pia i.. A` . .. ./... .s.. v .... ... ? .. ? .. .. .. .. .. Section B -- service obligations (A) The Grantee shall make all Cable Services distributed over the System available to all Persons within the Franchise Area who request service, including, without limitation, Marina Harbor and Harbor View Center: Extension to new subdivisions or developments within the Franchise Area shall be commenced within thirty (30) days after a request for service and service shall be activated within ninety (90) days, unless the Grantor consents to some other time period. (B) Throughout the term of the Franchise, the Grantee shall endeavor to offer to all Subscribers a diversity of video programming services. (C) The Grantee shall not discriminate or permit discrimination between or among any Persons in the availability of Services. It shall be the right of all Persons to receive continuously all available Services insofar as their financial and other obligations to the Grantee are satisfied. (D) The Grantee shall provide one outlet and free expanded basic service to the governmental and institutional facilities located in the Franchise Area that currently receive service, and shall provide such service to any additional governmental and institutional facilities that can be served by a standard one hundred fifty foot (150') drop, upon the City's request. Section 9 -- Public Services (A) In accordance with Section 611 of the Cable Act (47 U.S.C. 9,531), the Grantee agrees to provide Channel capacity to be designated for public, educational or governmental ("PEG") use and related equipment and facilities, services and/or financial support for the development and use of PEG access as provided in Appendix C. (B) The Grantee shall continue to provide the PEG Channels and related services and related equipment and facilities that it is providing on the Effective Date, as provided in Appendix C. (C) The Grantee shall also provide capital grants for the acquisition, lease or other provision or use of PEG access facilities and equipment, as provided in Appendix C. Section 10 -- Institutional Network 12 > (A) The Grantee's obligations with respect to the Institutional Network shall be in accordance with Appendix D. (B) The Institutional Network shall be interconnected by the Grantee to the Subscriber Network at the headend or hubs of the System and such other Cable Communications Systems as required by the Grantor. Section 11 -Fees and Charges (A) General requirements-- (1) The Grantee shall comply at all times with the provisions of the Cable Act and FCC rules and regulations applicable to rates and charges for any Service and the associated terms and conditions for the provision of any Service. (2) During the term of this Ordinance, the Grantee shall maintain with the Grantor a complete listing of fees, charges, deposits and associated terms and conditions for all Services. (3) The Grantor reserves the right to regulate the rates, fees, charges, deposits and associated terms and conditions for any Service provided pursuant to this Ordinance to the fullest extent permitted by applicable law. (B) In addition to the requirements set forth in Section 7.1 of Appendix E to this Ordinance, not less than thirty (34) days prior to the effective date of any change in any fee, charge, deposit, term or condition (or such shorter period as may upon a showing of good cause be approved by the Responsible Franchising Official), the Grantee shall (i) submit a revised listing of fees, charges, deposits and associated terms and conditions to the Responsible Franchising Official and (ii) provide written notice of the proposed change to each affected Subscriber. (C) The Grantee shall not discriminate or permit discrimination between or among any Persons in the rates, terms and conditions for any Service, except as set forth below. The foregoing requirements shall not prevent the use of: (i) different charges for residential Subscribers than for nonresidential Subscribers, except with respect to Basic Service; (ii) short-term sales promotions and other short-term discounts or reduced charges; < 13 > (iii) reasonable discounts or reduced charges to senior citizens or other economically disadvantaged groups; or (iv) bulk rate arrangements. Section 12 -- Customer Service; Subscriber Hills= and Privacy Protection (A) The Grantee agrees to comply in all respects with the requirements of the customer service standards set forth in Appendix E to this Ordinance. The Grantee shall also comply with all rules and regulations established by the FCC pursuant to Section 632 of the Cable Act (47 U.S.C. § 552). (S) The Grantee shall comply at all times with the provisions of the Cable Act and FCC rules and regulations applicable to Subscriber bills, including, but not limited to, the format and itemization thereof and shall use all reasonable efforts to ensure Subscriber bills are not misleading. (C) 'The Grantee shall comply at all times with the Subscriber privacy provisions of the Cable Act or other applicable law. The Grantee shall cooperate with the Grantor so an to ensure the Grantor's ability to enforce the terms and conditions of this Ordinance by providing, upon the request of the Responsible Franchising Official, such Subscriber information as may be reasonably requested by the Responsible Franchising Official. (D) The Grantee shall comply at all times with FCC rules and regulations applicable to Subscriber equipment and equipment compatibility. Section 13 -- oversight and Regulation (A) The Grantor shall have the right to oversee, regulate, and periodically inspect the construction, operation, maintenance and upgrade of the System, and all parts thereof, in accordance with the provisions of this Ordinance and applicable law, including the Grantor's police power. (B) When reasonably necessary to the administration or enforcement of the Ordinance, and at the request of.the Grantor, the Grantee shall promptly submit to the Grantor such information as the Grantor may request regarding the Grantee, its financial statements or other financial information, its compliance with any term or condition of this Ordinance, with respect to the System or its operation, any Service distributed over the System, or any activity or function associated with the production or distribution of any Service over the System. c 14 > (C) Throughout the term of the Agreement, the Grantee shall maintain in the Franchise Area, or make available in the Franchise Area within f if teen (15) business days, complete and accurate books of account and records regarding the Grantee's ownership and operation of the System and the provision of Services over the System, including without limitation, books of account and records adequate to enable the Grantee to demonstrate that it is, and throughout the term of this ordinance has been, in compliance with this Ordinance. All such documents pertaining to financial matters which may be the subject of an audit by the Grantor shall be retained by the Grantee for a minimum of five (5) years following termination of this Ordinance. (D) The Grantor's rights of inspection and audit shall include-- (1) Upon notice to the Grantee, the Grantor or its designated representatives, shall have the right to examine, when reasonably necessary to the administration or enforcement of the ordinance in the Franchise Area, all books and records pertaining to the Grantee's or any Affiliated Person's ownership or operation of the System or to the Grantee's or Affiliated Person's provision of Services over the System. Further, during normal business hours and upon notice to the Grantee, the Grantor or its designated representatives may inspect and examine any other aspect of the System, including facilities and equipment thereof. (2) Access by the Grantor to any of the documents, records or other information covered by this Section 13(D) shall not be denied by the Grantee on grounds that such documents, records or information are alleged by the Grantee to contain. proprietary information, provided that this requirement shall not be deemed to constitute a waiver of the Grantee's right to assert that the proprietary information contained in such documents, records or other information, should not be disclosed and to withhold such information upon the agreement of the Grantor. if the Responsible Franchising official concurs with the Grantee's assertion regarding the proprietary nature of such information, the Grantor will not disclose such information to any Person, unless required by applicable law or order of governmental authority. If the Responsible Franchising official does not concur with such assertion, then the Grantee may appeal such decision to the appropriate individuals or bodies within the Grantor in accordance with applicable laws and procedures. If the Grantor does not concur with the Grantee's assertion, or if the Grantee does not appeal, then the Grantee shall promptly provide such documents, including the alleged proprietary portion thereof, to the Grantor, provided that the Grantee shall not be required to provide the proprietary portion thereof during the pendency of any court challenge to such provision. c 15 > (3) The Grantor may conduct a full compliance audit and hold public hearings at any time during the term of the Franchise, provided it gives the Grantee written notice ten (10) days in advance of the commencement of such audits and associated hearings. Section 14 -- Restrictions Against Assignments and Other Transfers (A) The Grantee may not transfer the Franchise or any of the Grantee's rights or obligations in or regarding the System or the Franchise without the prior written consent of the Grantor. Such consent shall not be unreasonably withheld. (B) No change in Control of the Grantee, the System or the Franchise shall occur after the Effective Date, by act of the Grantee or by act of any Person holding Control of the Grantee, the System or the Franchise, by operation of law, or otherwise, without the prior written consent of the Grantor, which consent shall not be unreasonably withheld. (C) Any request for approval shall be handled by the Grantor in accordance with its customary rules and procedures. in connection with any request for approval, the Franchisee shall submit to the Grantor such information as the Grantor may reasonably request. (D) Notwithstanding anything to the contrary, no such prior consent shall be required for any transfer or assignment to any Person controlling, controlled by or under the same common control as the Grantee (a "qualified Person"). For the purposes of this paragraph (D) the term "control" (including the terms "controlling," "cont"rolled by" and "under common control") means the power or authority to direct or cause the direction of the management and policies of the Grantee. In order for the Grantee to avail itself of this paragraph (d) and implement a transfer or assignment to a qualified Person without the prior consent of the City the Grantee shall deliver to the City at the time of such a transfer or assignment a guarantee from Time Warner Entertainment Company, L.P. in the form attached hereto as Appendix E. Section 15 -- Specific Rights and Remedies (A) The Grantee agrees that the Grantor shall have the specific rights and remedies set forth in this Section 15. These rights and remedies are in addition to any and all other rights or remedies, now or hereafter available to the Grantor to enforce the provisions of this Ordinance, and will not be deemed waived by the exercise of any other right or remedy. The exercise of any such right or remedy by the Grantor shall not release the Grantee from 16 > M its obligations or any liability under this ordinance, except as expressly provided for in this Ordinance or as necessary to avoid duplicative recovery from or payments by the Grantee. (B) Events of default-- (1) The Grantee agrees that an Event of Default shall include, but-shall not be limited to, any of the following acts or failures to act by the Grantee: (a) Any substantial failure to comply with any material provision of this ordinance that is not cured within thirty (30) days after notice pursuant to this Section 15; (b) The occurrence of any event which may reasonably lead to the foreclosure or other similar judicial or nonjudicial sale of all or any material part of the System; (c) The condemnation by a public authority other than the Grantor, or sale or dedication under threat or in lieu of condemnation, of all or any part of the System, the effect of which would materially frustrate or impede the ability of the Grantee to carry out its obligations, and the purposes of this Ordinance; (d) In the event that the Grantee shall suspend or discontinue its business, shall make an assignment for the benefit of creditors, shall fail to pay its debts generally as they become due, shall become insolvent (howsoever such insolvency may be evidenced), shall be adjudicated insolvent, shall petition or apply to any tribunal for, or consent to, the appointment of, or taking possession by, a receiver, custodian liquidator or trustee or similar official pursuant to state or local laws; (e) A persistent failure by the Grantee to comply with any of the provisions, terms or conditions of this ordinance or with any rules, regulations, orders or other directives of the Grantor after having received notice of a failure to comply. (2) Upon the occurrence of an Event of Default, then, in accordance with the procedures provided in section 15 (B) (3), the Grantor may, at any time during the term of this ordinance: (a) Draw upon the Performance Bond, as permitted by this ordinance; and/or < 17 > 1 (b) Require the Grantee to take such actions as the Grantor deems appropriate in the circumstances; and/or (c) Seek money damages from the Grantee as compensation for such Event of Default; and/or (d) Seek to obtain the appointment of a court-appointed trustee or similar Person to take any actions which the Grantor deems appropriate in the circumstances; and/or (e) Revoke the Franchise by termination of this Ordinance pursuant to this Section 15; and/or (f) Exercise any other remedies that may be available under applicable law. (3) Upon the occurrence of an event of default, the Grantor shall exercise the rights provided in Section 15(B)(2) in accordance with the procedures set forth below: (a) The Responsible Franchising Official shall notify the Grantee, in writing, of an alleged Event of Default, which notice shall specify the alleged Event of Default with reasonable particularity. The Grantee shall, within thirty (30) days after receipt of such notice or such longer period of time as the Responsible Franchising Official may specify in such notice, either cure such alleged Event of Default or, in a written response to the Responsible Franchising Official, either present facts and arguments in refutation or excuse of such alleged Event of Default or state that such alleged Event of Default will be cured and set forth the method and time schedule for accomplishing such cure. (b) The Responsible Franchising Official shall determine (A) whether an Event of Default has occurred; (B) whether such Event of Default is excusable; and (C) whether such Event of Default has been cured or will be cured by the Grantee. (c) if the Responsible Franchising Official determines that an Event of Default has occurred and that such Event of Default is not excusable and has not been or will not be cured by the Grantee in a manner and in accordance with a schedule reasonably satisfactory to the Responsible Franchising official, then the Responsible Franchising official shall prepare a written report which may recommend the action to be taken by the Grantor's governing body. The Grantor shall provide notice and a copy of such report to the Grantee. in the event that the a 18 Grantor's governing body determines that such Event of Default has not occurred, or that such Event of Default either has been or will be cured in a manner and in accordance with a schedule reasonably satisfactory to the Grantor's governing body, or that such Event of Default is excusable, such determination shall conclude the investigation. (d) If the Grantor's governing body determines that such Event of Default has occurred, and that such Event of Default has not been and will not be cured in a manner and in accordance with a schedule reasonably satisfactory to the Grantor's governing body, and that such Event of Default is not excusable, then the Grantor may take any of the actions provided in Section 15(B)(2). (C) In the event of any termination of this Ordinance, whether by expiration (where the Grantee does not seek renewal or where renewal is denied), revocation or otherwise, the Grantor may: (i) direct the Grantee to operate the System on behalf of the Grantor pursuant to the provisions of this Ordinance and such additional terms and conditions as are equitable to the Grantor and the Grantee, for a period of up to twelve (12) months; or (ii) order the Grantee to cease all construction and operational activities in a prompt and workmanlike manner. (D) In addition to its rights under Section 15(C), upon any termination, the Grantor may issue a removal order directing the Grantee to remove, at the Grantee's sole cost and expense, all or any portion of the System from all Rights-of-Way and other public or nonpublic property within the Franchise Area, subject to the following: (1) in removing the System, or any part thereof, the Grantee shall, at its own expense, refill and compact any excavation it makes, and shall leave Lhu_ Rights-of-Way and other property, including utility cables, wires and attachments, in as good condition as that prevailing prior to the Grantee's removal of the System; (2) the liability insurance and indemnity provisions of this Ordinance shall remain in full force and effect during the period in which the System is being removed and the associated repairs to the Rights-of-Way and other property are being made; and (3) if in the reasonable judgment of the Grantor, the Grantee fails to substantially complete removal, including repair of the Rights-of--Way and other property within twelve (12) months of the Grantor's issuance of a removal order, the Grantor shall have the right to: (A) authorize 19 > . I- .,., . removal of the System, at the Grantee's cost, by another person; and (B) declare that all rights, title and interest to the System belong to the Grantor, including any portion of the System not designated for removal, without compensation to the Grantee. The Grantee shall execute and deliver such documents as the Grantor may request, to evidence such ownership by the Grantor. Notwithstanding the foregoing, the Grantee may dispose of any portion of the System not designated by the Grantor for removal during such twelve (12) month period, provided, however, that if the Grantee fails to complete the removal of the portion(s) of the System designated for removal by the Grantor within such period, then all such portion(s) of the System not disposed of and all amounts collected for any portion(s) of the System disposed of by the Grantee during such period shall belong to the Grantor, with no price due to the Grantee. (4) Upon any termination and as an alternative to ordering removal of the System, the Grantor may acquire or effect a transfer to a third party of all or any part of the System and all components thereof necessary to maintain and operate the System pursuant.to the terms of this ordinance. (5) The price to be paid to the Grantee upon an acquisition or transfer by the Grantor shall depend upon the nature of the termination as follows: (a) if the Franchise expires without the Grantee, seeking renewal or if the renewal is denied, then the price shall be the fair market value of the System valued as a going concern with a deduction for the value allocable to the Franchise itself; and (b) if the termination is due to a revocation of the Franchise for cause, such as the occurrence of an Event of Default as provided in Section 15 (B) , the price shall be an equitable price, considering the injury to the Grantor and the residents of the City of Clearwater and, with no value allocable to the Franchise itself. (E) In the event of any acquisition, transfer or Abandonment pursuant to Section 15(D), the Grantee shall: (1) cooperate with the Grantor or third party in maintaining continuity in the distribution of Services to Subscribers over the System; . (2) promptly execute all appropriate documents to transfer to the Grantor or third party title to the System, all components necessary to operate and maintain the < 20 > System, and any rights, contracts, permits or understandings necessary to operate or maintain the System including those necessary to the distribution of Services over the System. All items transferred shall be transferred free of any liabilities, except for the interests in collateral of lending institutions which are secured creditors or mortgagees of the Grantee with respect to the transferred collateral at the time of transfer. With respect to such creditors, the Grantor shall only be obligated to repay any outstanding amounts to the extent of the net operating revenues received by the Grantor from its operation of the System; and (3) promptly supply the Grantor or third person with all records necessary to reflect the change in ownership and to operate and maintain the System. Section 16 -= Liability and Insurance (A) Prior to commencement of construction, but in no event later than sixty (60) days after the effective date of the Franchise and thereafter continuously throughout the duration of the Franchise and any extensions or renewals thereof, the Grantee shall furnish to the City, certificates of insurance, approved by the City, for all types of insurance required under this Section. Failure to furnish said certificates of insurance in a timely manner shall constitute a violation of this Ordinance. (B) Neither the provisions of this Section or any damages recovered by the City hereunder, shall be construed to or limit the liability of the Grantee under any Franchise issued hereunder or for damages. (C) All insurance policies maintained pursuant to this Ordinance or the Franchise shall contain the following, or a comparable, endorsement: It is hereby understood and agreed that this insurance policy may not be canceled by the insurance company nor the intention not to renew be stated by the insurance company until thirty (30) days after receipt by the City Manager, by'certified mail; of a written notice of such intention to cancel or not to renew. (D) The franchise agreement and all contractual liability insurance policies maintained pursuant to this Ordinance or the franchise shall include the following provisions: < 21 > The Franchisee/Grantee/Insured agrees to indemnify, save harmless and defend the City of Clearwater, its officials, agents, servants, and employees, and each of them against and hold it and them harmless from any and all lawsuits, claims, demands, liabilities, losses and expenses, including court costs and reasonable attorney's fees for or on account of any injury to any person, or any death at any time resulting from such injury, or any damage to any property, which may arise or which may be alleged to have arisen, whether in whole or in part, out of or in connection with the actions or omissions of the grantee. (E) All insurance policies provided under the provisions of this Ordinance or the Franchise shall be written by companies authorized to do business in the State of Florida, and approved by the State Department of Insurance. (F) The City shall be named as an additional named insured on all general liability policies issued to the Grantee. (G) To offset the effects of inflation and to reflect changing liability limits, all of the coverage, limits, and amounts of the insurance provided for herein are subject to reasonable increase at the end of every three (3) year period of the Franchise, applicable to the next three year period, upon the determination of the City; provided at no time shall the grantee be required to provide insurance in amounts or coverage which exceed that commonly provided throughout the Tampa Bay area by cable operators. (H) General Liability Insurance. The Grantee shall maintain, and by it acceptance of any Franchise granted hereunder specifically agrees that it will maintain throughout the term of the Franchise, general liability insurance insuring the Grantee in the minimum of: (1) $500,000 for property damage per occurrence; (2) $500,000 for property damage aggregate; (3) $1,400,000 for personal bodily injury or death to any one person; and (4) $3,000,000 bodily injury or death aggregate per single accident or occurrence. < 22 a i M Such general liability must include coverage for all of the following: comprehensive form, premises-operations, explosion and collapse hazard, underground hazard, products/completed operations hazard, contractual insurance, broad form property damage, and personal injury. (J) Automobile Liability Insurance. The Grantee shall maintain, and by its acceptance of any Franchise granted hereunder specifically agrees that it will maintain throughout the term of the Franchise, automobile liability insurance for owned, non-owned, or rented vehicles in the minimum amount of: (1) $1,000,000 for bodily injury and consequent death per occurrence; (2) $1,000,000 for bodily injury and consequent death to any one person. (3) $500,400 for property damage per occurrence. (K) Worker's Compensation and Employer's Liability Insurance. The Grantee shall maintain and by its acceptance of any Franchise granted hereunder specifically agrees that it will maintain throughout the term of the Franchise, Worker's Compensation and employer's liability, valid in the State, in the minimum amount of: (1) Statutory limit for Worker's Compensation. (2) $504,000 for employer's liability. Section 17 -- SUBSEQUENT ACTION (A) In the event that, after the Effective Date, any court, agency, commission, legislative body, or other authority of competent jurisdiction: (A) declares this ordinance invalid, in whole or in part, or (B) requires the Grantee either to: (a) perform any act which is inconsistent with any provision of this ordinance or (b) cease performing any act required by any provision of this ordinance, then the Grantee and the Grantor shall enter into good faith negotiations to amend this ordinance, so as to enable the Grantee to perform obligations and provide services for the benefit of the Grantor and others equivalent to those immediately prior to such declaration or requirement, to the maximum extent consistent with said declaration or requirement. In connection with such negotiations, the Grantor and the Grantee shall consider whether the circumstances existing at that time are such that the Grantee should continue to perform such obligations or their equivalent. < 23 > M (B) To the extent that any statute, rule, regulation, ordinance or any other law is enacted, adopted, repealed, amended, modified, changed or interpreted in any way during the term of this ordinance so as to enhance the Grantor's ability to meet the cable-related needs and interests of the community, the Grantor and the Grantee shall negotiate in good faith as to what modifications to this Ordinance or regulation of the System might be appropriate to reflect such enactment, adoption, repeal, amendment, modification, change or interpretation. Section 18 -- Miscellaneous (A) Controlling Authorities, This Ordinance is made with the understanding that its provisions are controlled by the Cable Act, other federal laws, state laws, and all applicable local laws, ordinances, and regulations. (B) Appendices. The Appendices to this ordinance, attached hereto, and all portions thereof and exhibits thereto, are, except as otherwise specified in such Appendices, incorporated herein by reference and expressly made a part of this ordinance. (C) Enforceability of AQreemgnt; No opposition. By execution of this Ordinance, the Grantee acknowledges the validity of the terms and conditions of this Ordinance under applicable law in existence on the Effective Date, and pledges it will not assert in any manner at any time or in any forum that this ordinance, the Franchise, or the processes and procedures pursuant to which this Ordinance was entered into and the Franchise was granted are not consistent with the applicable law in existence on the Effective Date (D) Notices. All notices shall be in writing and shall be sufficiently given and served upon the other party by first class mail, registered or certified, return receipt requested, postage prepaid, and addressed as follows: THE GRANTOR: Elizabeth M. Deptula, City Manager City of Clearwater P. O. Box 4748 Clearwater, FL 34616 THE GRMT£E : Time Warner Entertainment - Advance/Newhouse Partnership General Manager 2350 Drew Street Clearwater, FL 34625 CC; Division 2600 McCormick Clearwater, FL c 24 a President Drive, Suite 255 34619 (E) Police Powers. In accepting this Franchise, the Grantee acknowledges that its rights hereunder are subject to the police power of the Grantor to adopt and enforce general ordinances necessary to the safety and welfare of the public; and it agrees to comply with all applicable general laws and ordinances enacted by the Grantor pursuant to such power. Any conflict between the provisions of this Franchise and any other present or future lawful exercise of the Grantor's police powers shall be resolved in favor of the latter, except that any such exercise that is not of general application in the jurisdiction or applies exclusively to the Grantee's System or Cable Communications, Systems which contain provisions inconsistent with this Franchise shall prevail only if upon such exercise, the Grantor finds an emergency exists constituting a danger to health, safety, property or general welfare or such exercise is mandated by law. (F) Binding Effect. This Ordinance shall be binding upon and inure to the benefit of the parties hereto and their respective successors and permitted transferees and assigns. All of the provisions of this Ordinance apply to the Grantee, its successors, and assigns. (G) No Waiver• Cumulative Remedies. No failure on the part of the Grantor to exercise, and no delay in exercising, any right or remedy hereunder including, without limitation, the rights and remedies set forth in Section 15 of this Ordinance, shall operate as a waiver thereof, nor shall any single or partial exercise of any such right or remedy preclude any other right or remedy, all subject to the conditions and limitations established in this Ordinance. The rights and remedies provided herein including, without limitation, the rights and remedies set forth in Section 15 of this Ordinance, are cumulative and not exclusive of any remedies provided by law, and nothing contained in this Ordinance shall impair any of the rights or remedies of the Grantor under applicable law, subject in each case to the terms and conditions of this Ordinance. (H) Severability. If any section, subsection, sentence, clause, phrase, or other portion of this Ordinance is, for any reason, declared invalid, in whole or in part, by any court, agency, commission, legislative body, or other authority of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent portion. Such declaration shall not affect the validity of the remaining portions hereof, which other portions shall continue in full force and effect. < 25 > (1) No Agency. The Grantee shall conduct the work to be performed pursuant to this ordinance as an independent contractor and not as an agent of the Grantor. (J) Gvern_ing?_Law. This ordinance shall be deemed to be executed in the City of Clearwater, Florida, and shall be governed in all respects, including validity, interpretation and effect, and construed in accordance with, the laws of the State of Florida, as applicable to contracts entered into and to be performed entirely within that State. (K) Survival. All representations and warranties contained in this ordinance shall survive the term of the Agreement. (L) Delegation of grantor Rights. The Grantor reserves the right to delegate and redelegate, from time to time, any of its rights or obligations under this Ordinance to any body, organization or official. Upon any such delegation or redelegation, references to "Grantor" in this ordinance shall refer to the body, organization or official to whom such delegation or redelegation has been made. Any such delegation by the Grantor shall be effective upon written notice by the Grantor to the Grantee of such delegation. Upon receipt of such notice by the Grantee, the Grantee shall be bound by all terms and conditions of the delegation not in conflict with this Ordinance. Any such delegation, revocation or redelegation, no matter how often made, shall not be deemed an amendment to this ordinance or require any consent of the Grantee. (M) Claims Under A reement. The Grantor and the Grantee, agree that, except to the extent inconsistent with Section 535 of the Cable Act (47 U.S.C. § 555), any and all claims asserted by or against the Grantor arising under this Ordinance or related thereto shall be heard and determined either in a court of the United States located in Tampa, Florida ("Federal Court") or in a court of the State of Florida located in Clearwater, Florida ("Florida State Court"). To effectuate this ordinance and intent, the Grantee agrees that if the Grantor initiates any action against the Grantee in Federal Court or in Florida State Court, service of process may be made on the Grantee either in person, wherever such Company may be found, or by registered mail addressed to the Grantee at its office in the Franchise Area as required by this Ordinance, or to such other address as the Grantee may provide to the Grantor in writing. (N) Modification. Except as otherwise provided in this ordinance, any Appendix to this Ordinance, or applicable law, no provision of this Ordinance nor any Appendix to this Ordinance, shall be amended or otherwise modified, in whole or in part, except by an instrument, in writing, duly executed by the Grantor and the Grantee, which amendment shall be authorized on behalf of the < 26 > ti Grantor through the adoption of an appropriate resolution or order by the Grantor, as required by applicable law. (O) e a and Failur s Beyond -Coniro-3, of !ggant Notwithstanding any other provision of this Ordinance, the Grantee shall not be liable for delay in performance of, or failure to perform, in whole or in part, its obligations pursuant to this Ordinance due to strike, war or act of war (whether an actual declaration of war is made or not), insurrection, riot, act of public enemy, accident fare, flood or other act of God, technical failure, sabotage or other events, where the Grantee has exercised: all due care in the prevention thereof, to the extent that such causes or other events are beyond the control of the Grantee and such causes or events are without the fault or'negligence of the Grantee. In the event that any such delay in performance or failure to perform affects only part of the Grantee's capacity to perform, the Grantee shall perform to the maximum extent it is able to do so and shall take all steps within its power to correct such causes) . The Grantee agrees that in correcting such cause(s), it shall. take all'reasonable steps to do so in as expeditious a manner as possible. The Grantee shall notify the Grantor in writing of the occurrence of an event covered by this Section within five (5) business days of the date upon which the Grantee learns of its occurrence. L Section 19 -- Acceptance Grantee shall signify its acceptance of the Franchise terms in writing prior to the City Commission's approval of this Ordinance by filing such written acceptance with the city clerk. c 27 > .. _. .... vWVlY tttirAaniY .lrivt 4+?. ?.?.«r. ... .. .. ... .. ?.-? ? .. ..s n ,. .. c .. .v Section 20 -- Effective Date This Ordinance shall take effect immediately upon adoption. PASSED ON FIRST READING November 7, 1996 PASSED ON SECOND AND FINAL READING AND ADOPTED Rita Garvey, Mayor-Commissioner ATTEST: 1 i' Cynthia E. Goudeau, City Clerk E 4 APPROVED AS TO FORM AND LEGAL SUFFICIENCY: Pa ela K Akin, City Attorney ;' ' c 28 > . . r' APPENDIX A THE SYSTEM 1 11. , A- A , i ., f ?. f-1 APPENDIX A L SYSTEM AND CAPACITY A. System Design, The cable system shall have a 750 MHz design with an average of five hundred (500) homes passed and 6 homerun fibers from the headend or hub to each per node. The plant hardware shall be 1 GHz passives, 1 GHz taps, 1.5 GI-Iz active platforms, 750 MHz amplifiers and other actives, and 60 volt powering. The system shall be capable of 79 analog channels (50 to 550 MHz), 200 MHz is reserved for future use including, but not limited to, digital transmission (550 to 750 MHz) in the forward direction and 5 to 40 MHz in the reverse direction. The rebuilt system shall use all new fiber optics. The system shall be designed so that ninety-five percent (95%) of the time there are no more than five (5) amplifiers in cascade. The system shall be designed and constructed in accordance with the standards listed below. The following design specifications shall be adhered to. The system shall be operated in accordance with performance standards which meet FCC regulations and specifications. The system has been constructed in compliance with this section and the design standards below, the Grantee's compliance with the performance standards of the FCC shall constitute compliance with the ongoing technical standards required by this Agreement. System Design - Minimum UN 49 dB XMOD 49 dB CTB 51 dB CSO 50 dB HUM 52 dB B. Compliance with Applicable Law. In constructing, operating and maintaining the system, Grantee shall at all tunes comply with this agreement and all applicable laws and regulations. C. Drops. All drops shall meet the standards of the National Electric Code, and meet design specifications in A above. The system shall be designed to allow each subscriber drop to provide service to two (2) television outlets. D. , Equipment Quality. Equipment used for the distribution system, headend and reception facilities shall be ofgood and durable quality and be serviced and repaired on a regular basis and shall at all times be of equal or better quality than the following equipment. The Franchisee shall make the final determination of what constitutes equal or better equipment. A-1 Fiber Optics: Siecor - loose tube, armored Sumitomo - loose tube, armored Cable, Aerial: Trilogy JAF MC2 Underground: Trilogy JBMC2 Drop: Trilogy RG 6, quad shield Trunk Amplifiers: Jerrold: BTD-75SH-SX MB-750-H Truj)k Extenders: Jerrold: JLX-7-750P/LC Power Supplies: Power Guard SLL emitters; Jerrold SSP-K ,S»l Cnberl0PS' Jerrold FFT-K Connectors LRC Pin PCdestals; Channel Commercial Qonverts Lo-Ma gibs,;dber Equipment: General Instruments DPBB7514-S8, CFT2224 E. Converters. Grantee shall provide the converters specified in this Agreement to subscribers utilizing converters within ninety (90) days of completion of the upgrade. Grantee shall not scramble the basic tier. F. Emergency Alert. Grantee shall continue to provide an all-channel audio-only emergency alert system for use by the City. The Grantee shall arrange to have the emergency alert system tested at least once each year. The Grantee shall make records of such tests available for inspection by the City. The Company shall provide an automatic tone that shall commence emergency broadcast. Emergency messages shall be able to the initiated from any touch-tone phone with an access code. The emergency alert service shall be upgraded throughout the Franchise term as set forth in FCC rules, regulations, or guidelines. Notwithstanding the foregoing, Grantee shall maintain throughout the term of this Agreement the capacity for the City to access the emergency alert system and shall not claim the City's rights hereunder have been preempted by federal or state law. G. Ongoing Preventative Maintenance. Grantee shall comply with the FCC preventative maintenance program. Grantee shall sweep and balance the trunk. FCC proof-of performance tests A-2 shall be performed. A11 optical node actives shall be checked and balanced including laser outputs/roceiver inputs. Grantee shall perform leakage monitoring on the system. The entire system shalt be monitored for signal leakage, Subscriber drops with leaks exceeding the FCC's standards (maximum 20UV per meter at 10) are promptly replaced. H. Interference on Channel 8. Grantee shall use its good faith during the rebuild to minimize interference on Channel 8. 1. Standby Power. Grantee shall provide a twenty-four (24) hour power-generating capacity at the headend. Grantee shall maintain standby power system supplies, rated for at least two (2.0) hours duration at all optical node locations in the distribution network. 1. Parental Control. Grantee shall provide to subscribers, upon request, parental control devices that allow any channel or channels to be locked out. Upon request, Grantee will, at no cost to the subscriber, provide devices that will block out the audio and video of any channels carrying predominately adult programming. K. Performance Testing. Grantee shall perform all system tests and maintenance procedures as required by and in accordance with: the FCC; this Agreement; Grantee's standards of good operating practice; and the National Cable Television Association's test procedure guidelines. L. Technical Standards. The cable communications system permitted to be operated hereunder shall be installed and operated in conformance with this Agreement, National Electric Code, OSHA Rules and Regulations, Bellcore "Blue Book' manual of construction practices, where applicable to cable system construction, and FCC rules and regulations. M. Employee Identification. Grantee shall provide a standard identification document to all field employees, including employees of subcontractors, who shall be in contact with the public. Such documents shall include a telephone number than can be used to verify identification. In addition, Grantee shall use its good faith efforts to clearly identify all field personnel, vehicles, and other major equipment that are operating under the authority of Grantee. N. Stereo. The system shall have the capability and shall provide Broadcast Television Systems Committee (BTSC) stereo signals on all satellite, broadcast and local services that transmit them. 0. State of the Art. Throughout the term of the Franchise, Grantee shall construct, operate, maintain and upgrade the cable system in order to ensure that it continuously conforms to the State of the Art. Notwithstanding anything to the contrary, this paragraph O shall not be enforced against the Grantee at any time the Grantee is subject to effective competition as defined by federal law. A-3 M n. CONSTRUCTION A. System Design Review, The City shall have the authority to review the technical design plans of the system to ensure that the system design meets the requirements of this Agreement, as well as applicable portions of the City Code governing construction within public rights-of-way. On a case by case basis, Grantee may use existing coaxial cable which meets manufacturer specifications. B. Underground Construction. Grantee shall participate in and use an underground utility locator program and ensure that the cable is buried at a depth specified by City regulations. Temporary drops shall be buried within one month of installation, weather permitting. Grantee shall comply with the City's ten (10) year plan to have cable and utilities placed underground. Grantee in accordance with such plan shall at its expense, remove, relay, and relocate its equipment, provided, however, that other utilities are similarly required to do such work at their own cost and expense. C. Cable Drops and Monthly Service. Grantee shall provide one free cable drop and free, basic and tier services, excluding premium services, audio services, and pay-per-view to public buildings already provided with free drops, on the effective date of this Agreement, and at any other public buildings passed by the system, and designated by the City. D. Right of Inspections. The City shall have the right to inspect any construction and installation work performed subject to the provisions of this Agreement, and shall make such tests as it shall find necessary to ensure compliance with the terms of this Agreement and other pertinent provisions of the law over which the City has jurisdiction. E. Business Extensions. Grantee shall extend its cable system and make cable service available to every business in the franchise area in any case where the business subscriber agrees to pay for the labor costs incurred and materials used in making the extension. Provided, however, if the business subscriber is within one-hundred and fifty feet (150) of the cable system, the business shall pay only the normal installation fee. F. Clearwater Marina. Grantee shall extend its cable service to the Clearwater Marina and the Harbor Master in accordance with the service agreement between the City and the Grantee. A-4 Terris and Conditions Applicable to Work on the System ref. .e? S i 1',1 C: 1I? :1'• , • ?1 F 3 5 7 j C• F. {M APPENDIX B Terns and Conditions Applicable to Work on the System General Requirement. The Grantee certifies that the System as upgraded as of the Effective Date, complies with the construction and technical requirements contemplated by Appendix A to this Ordinance, The Grantee agrees to comply with each of the terms set forth in this Appendix B and in Appendix A to this Ordinance governing construction and technical requirements for the System, in addition to any other requirements or procedures reasonably specified by the Grantor pursuant to its police power or as otherwise permitted by applicable law. Qual ty. All work involved in the construction, operation, maintenance, repair, upgrade, and removal of the System shall be performed in a safe, thorough and reliable manner using materials of good and durable quality. If, at any time, a reasonable determination is made by the Grantor or any other agency or authority of competent jurisdiction that any part of the System, including, without limitation, any means used to distribute Signals over or within the System, is harmful to the health or safety of any Person, then the Grantee shall, at its own cost and expense, promptly correct all such conditions. Licenses and Permbs. The Grantee shall have the sole responsibility for diligently obtaining, at its own cost and expense, all permits, licenses, or other forms of approval or authorization necessary to construct, operate, maintain, repair or upgrade the System, or any part thereof, prior to commencement of any such activity. New Grades or Lines. If the grades or lines of any Street within the Franchise Area are changed at any time during the term of this Ordinance, then the Grantee shall, at its own cost and expense and upon reasonable written notification and request of the Grantor, protect or promptly alter or relocate the System, or any part thereof, so as to conform with such new grades or lines. In the event that the Grantee refuses or neglects to so protect, alter, or relocate all or part of the System, following notice to do so, the Grantor shall have the right to break through, remove, alter, or relocate all or any part of the System without any liability to the Grantee, any Affiliated Person or any other Person, and the Grantee shall pay to the Grantor the documented costs incurred in connection with such breaking through, removal, alteration, or relocation. Protect Structures. In connection with the construction, operation, maintenance, repair, upgrade, or removal of the System, the Grantee shall, at its own cost and expense, protect any and all existing structures belonging to the Grantor and all designated landmarks. The Grantee shall obtain the prior approval of the Grantor before altering any water main, sewerage or drainage system, or any other municipal structure in the Rights-of-Way required because of the presence of the System in the Rights-of- Way. Any such alteration shall be made by the Grantee, at its sole cost and expense, and in any reasonable manner prescribed by the Grantor. The Grantee agrees that it shall be liable, at its own cost and expense, to replace or repair and restore to a condition as good as that prevailing before said work and, in any reasonable manner as may be specified by the Grantor, any Street or any municipal structure involved in the construction, operation, maintenance, repair, upgrade or removal of the System that may become disturbed or damaged as a result of any work thereon by or on behalf of the Grantee pursuant to CB•1> jt 1 Js this Ordinance. No Obstruction. In connection with the construction, operation, maintenance, repair, upgrade, or removal of the System, the Grantee shall not obstruct the Rights-of-Way, subways, railways, passenger travel, river navigation, or other traffic to, from, or within the Franchise Area without the prior consent of the appropriate authorities. Movement of Wires. The Grantee shall, upon prior written notice by the Grantor or any Person holding a permit to move any structure, temporarily move its wires to permit the moving of said structure. The Grantee may impose a reasonable charge (which may require advance payment in appropriate circumstances) on any Person other than the Grantor for any such movement of its wires. Safety Precautions. The Grantee shall, at its own cost and expense, undertake all necessary and appropriate efforts to prevent accidents at its work sites, including the placing and maintenance of proper guards, fences, barricades, watchmen, and suitable and sufficient lighting. Moving Wires. The Grantor may, in case of fire, disaster, or other such emergency, as reasonably determined by the Grantor, in its sole discretion, cut or move any of the wires, cables, amplifiers, appliances, or other parts of the System, in which event the Grantor shall not incur any liability to the Grantee, any Affiliated Person or any other Person. The Grantor shall take reasonable efforts to consult the Grantee prior to any such cutting or movement of its wires, and the Grantee shall be given the opportunity to perform such work itself. All documented casts to repair or replace such wires, cables, amplifiers, appliances or other parts of the System shall be borne by the Grantee. No Liabilityfor Public Work, etc. Neither the Grantor nor its officers, employees, agents,' attorneys, consultants or independent contractors shall have any liability to the Grantee or any Affiliated Person for any liability as a result of or in connection with the protection, breaking through, movement, removal, alteration, or relocation of any part of the System by or on behalf of the Grantee or the Grantor in connection with any emergency, public work, public improvement, alteration of any municipal structure, any change in the grade or line of any Street, or the elimination, discontinuation, and closing of any Street. C B-z > a . ..... ? .. .... ...n???:.....1-.14'v,?r'a.tiuPa at'('f.a .... ...... .. .... ... ? .,? ?. vy, f.. 4?. .c fY.. ,p.. n?rA . . .. , ? ? _ io`??.:.. ? .,t. .tl,'' ••ia s?"?53o..:;V;;tt•, :• ..i.?' `Itr;•"?MS '?fi ?'-•`+?} ? .. ?'-?-___ :. -" ?_-__. _-_-`_. i n . . 6 '.i" i. 1.'??. ?3' • ?.y - . ? , 5:: y :7,r I... u.. l [t „.,.. .... •. -. ?., .. e. G.f«.t•Y".Y?' ??1•, `F.. i .. .. . , .. } f . APPENDIX C PECK MATTERS ,ry3'YS,'?° , I,.I ? ,s e t 1( . rYti . ' %r l f i, r'=rY 1 ,} ?r?+?` ?. i1M6.M ikN'JNVl1ra4.1lak?'•`w•.x... rw? •nW,.,w.4.4at. ?.{Ht•iti.3'I •+YyN.hlrFFUa.M?.M ??...i •<+,?,. •i•F•'.ws •rA. ?: I.:"r.l .?..wa???"'^-•• • APPENDIX C I. ACCESS CHANNELS, EQUIPMENT, FACILITIES, AND SERVICES. In order to develop and promote educational, government access, and local programming for the system's access channels, Franchisee hereby agrees to provide the following: A. Access Channels. During and after the rebuild, Franchisee shall provide the following number of dedicated access channels: two (2) channels for government access (one for the City of Clearwater and one for Pinellas County) and one (1) additional digital channel upon the City's request to be used by the City for local government access, once Grantor provides programming generally on a digital basis; one (1) channel for public access; and two (2) channels for educational access (one for the Pinellas County School District and one for the St. Petersburg Junior College). Such channels shall be used exclusively for purposes of public, educational and governmental access programming on a non- commercial, not-for-profit basis. All active access channels shall be. placed on the basic tier of service, unless both parties mutually agree otherwise. B. Government Access Equipment and Facilities. Franchisee agrees to provide a matching grant of one-hundred thousand dollars ($100,000) to the City for purchase of access equipment within one (1) month of the effective date of this Agreement. The parties agree that such grant of funds for initial government access equipment shall not be deducted from the franchise fee. C. Government Access Equipment Replacement. On or before December 1, 2003 the Franchisee shall provide the City with a government access equipment grant in an amount equal to $2.50 times the number of subscribers to the system as of October 21, 2003. The parties agree that such grant of funds for government access equipment replacement shall not be deducted from the franchise fee. D. Public Access Facilities, Equipment and Services. Franchisee agrees to continue to provide the same quality and level of public access services, facilities, and equipment as provided the year preceding the effective date of the franchise. Public access equipment and facilities shall be maintained and replaced in the same manner as during the previous franchise. The parties agree that such funds shall not be deducted from the franchise fee. The level of public access services, facilities, and equipment provided on the effective date of this Agreement is included in this Appendix. The City agrees to review these public access obligations within three months of Franchisee's renewal of its cable television franchise agreement in the County of Pinellas. If as a result of that renewal, public access requirements are established which provide substantially the same public access benefits to the City residents that the City residents enjoy on the effective date of this ordinance, then Franchisee's public access obligation to the City under this ordinance shall be deemed satisfied, so long as the County obligations are satisfied and so long as they continue to provide public access benefits to the City residents that are substantially the same as the City residents enjoy on the effective date. If, as a result of the renewal of Franchisee's franchise with the County of Pinellas, the City reasonably determines, following a public hearing, that the public access benefits enjoyed by the City residents are materially reduced then the Franchisee shall pay the amounts below with payment being made within ten working days following the public hearing (prorated based on the number of weeks remaining in the franchise year) and on each anniversary date of the effective date of the Franchise Ordinance thereafter. FRANCHISE YEAR AMOUNT 1 $ 50,000 2 $ 50,000 3 $ 75,000 4 $ 75,000 5 $100,000 6 $100,000 7 $100,000 8 $100,000 9 $125,000 10 $125,000 11 $150,000 12 $150,000 13 $150,000 14 $150,000 15 $150,000 Any such payments shall be reduced by W the portion of all of Franchisee's public access costs (direct and indirect as reasonably approved by the City) allocable to the City (subject to audit by the City) derived by multiplying such costs by a fraction, the numerator of which is the number of subscribers in the City one month before such payment is due and the denominator of which is the total number of Franchisee's subscribers in Pinellas County as of such date who are offered public access programming and (ii) the annual costs of providing the services and equipment described in subparagraphs F and G below. - 2 - Until. the Franchisee has renewed its franchise with the County of Pinellas, the City shall pay to Franchisee within 30 days of adoption of this Ordinance and on the next two anniversaries $50,000, and $75,000 on each anniversary for the remaining term. After the fifth year, this payment shall be adjusted based on the U. S. Department of Commerce "National Consumer Price Index" for all Urban Consumers, U. S. City Average (CPI-U) indicator, and shall be determined by dividing the CPI-U indicator from the most recently published indicator prior to the payment date, by the CPI- U January indicator published one year prior to the adjustment date, and multiplying the resultant number by the payment amount. In lieu thereof, any time after the 3rd franchise year the City may upon its own initiative audit all of the costs (direct and indirect) of Franchisee in providing public access, in which event, the City shall pay on such date one-half of all such costs to Franchisee. In the event that Franchisee at any time becomes the sole cable franchisee in Clearwater, City shall have no obligation under this paragraph. E. Educational. Access. If the public schools or other educational institutions in the County of Pinellas receive educational access equipment, services, programming and facilities in excess of that provided to the public schools or other educational institutions in the City of Clearwater, the Franchisee shall provide additional educational equipment, services, programming, and facilities to the public schools or other educational institutions in the City of Clearwater such that the city receives equipment, services, programming and facilities equivalent on a per school basis to that provided in the County of Pinellas. Franchisee may donate used equipment or services or otherwise assist schools on a voluntary basis as a part of Franchisee's community involvement without triggering the provisions of the preceding sentence. Both parties agree that all such educational access equipment, services, programming and facilities will not be deducted from the franchise fee. F. Mobile Van. Upon reasonable notice, Franchisee agrees to provide the City with use of the Franchisee's local origination van three (3) times per year for the production of Government access programming. The mobile van will be in good working order and will be staffed with the Franchisee's local origination personnel. Provided, however, that if in the Franchisee's business judgment, the Van is no longer to be operated by the franchisee, then the City will be compensated for the lost support as follows: 3 van usages cal $ 2,000 each = $ 6,000 - 3 - G. On-site Access Services. Franchisee agrees, at its own cost, to provide the City with nine (9) hours per week of Franchisee's local origination staff time for the duration of the franchise term. Such personnel shall be available on-sate at the City and be qualified to assist the City in government access production in accordance with the production needs of the City. Provided, however, that if in the Franchisee's business judgment, the relevant personnel no longer work for the Franchisee, then the City will be compensated for the lost support as follows: 9 hrs X 52 wks x $20 per hr = $9,360 H. Publicity. Franchisee shall actively promote ongoing community awareness of public, educational and government access channels, and public access facilities and training opportunities for public and educational access, at a minimum in its program guides containing listings of the local off-air broadcast signals in the Franchisee's basic service tier, provided that the publisher of any such guide consents to the inclusion of information, at no cost to the Franchisee, concerning public, educational and governmental access programming carried by the Franchisee based upon the good faith efforts of the Franchisee to secure such listings, in an annual bill stuffer, and in public service announcements supplied by Franchisor, all in such places and at such times as Franchisee in its sole discretion shall determine, and Franchisee shall provide Franchisor, on request, with a summary of its activities in this regard. 1. Optical Transmission Equipment. The Franchisee agrees to provide one (1) digital, optical transmission package to the City at Franchisee's cost, if necessary to originate programming. J. Signal Quality. Franchisee shall ensure that the access channel delivery system from all origination sites, specified herein and in Appendix D, meet the same technical standards as the remainder of the system as set forth in Appendix B. The origination points at the Municipal Service Building and City Hall shall be swept and balanced regularly. K. Origination Sites. The Franchisee, at no charge, agrees to construct an origination line from the Municipal Services Building within six (6) months of the effective date of this Agreement. The Franchisee shall maintain and/or replace and maintain throughout the franchise term, origination lines in existence upon the effective date of this Agreement, and the origination line from the Municipal Services Building. - 4 - II, INTERCONNECTION A. County Interconnection. Franchisee shall incorporate features into the cable system to allow the institutions at origination sites to interconnect with the public, educational, and government access channels on Franchisee's County cable system or other cable systems operated by the Franchisee or its parent company or the successors in title so long as the same are commonly owned which shall be or are interconnected through Franchisee's fiber optic system. At such time as it has the technical capability to do so, Franchisee shall provide, free of charge, as requested by institutions at origination sites, the capacity on the network and switching technology to allow public, educational and government access video transmissions (programming) to be provided from the communities served by Franchisee's fiber optic network to Clearwater and from Clearwater to the other communities so served. B. City Interconnection. Franchisee shall interconnect the public, educational, and government access channels with any other cable system franchised in the City to allow public, educational and government access video transmissions (programming) to be provided from the Franchisee's cable system to such other cable system and such other cable system to the other on the Franchisee's cable system. Such interconnection shall be completed within one (1) year from an agreement. - 5 - ??:ft?si"?w"%H1FS?e?•yN. .. ..?.. _..«,..aira, c_..w?.aL,,,t{K+,a.ar.. ?3,....,.....,.?.. ......,,,. „..,,. .s<n.? ? .. . ,. •-'. .-.. ? ? .. ..,.?., , E i iE. 1 f APPENDIX c f COMMUNI TY ACCESS EQUIPMENT DESCRIPTION Audio Consoles QU Yamaha - 12 Input ANTITY 2 Camera Control Units Hitachi 4 C-1 Chip Cameras Hitachi 8 Switchers Sony - 8 Input 2 Videotape Recorders 314 Inch 12 Portable VTRs 314 Inch E 3 Edit Controllers Sony 2 I Time Base Correctors •I Industrial 4 Character Generators Industrial 2 , • i Distribution Amplifiers Ditech 4 # Monitors Industrial 12 CD Players Standard Video Tech C.D. 2 Tripods Bogen 8 ` Router Ditech 1 j Signal Scopes Techtronics 4 F' Set Lights (various) Lee Colortran & Cowell 15 CYC Curtain & Tracks Standard Issue 2 Machine Racks Standard Issue 12 E All equipment is of industrial quality as measured on a scale from lowest to highest quality: Home, Industrial, Broadc ast. The Community Access studio will be available for the use of Clearwater residents a minimum of 44 hours per week, Including some .. evening and weekend hours. ;; I . ?, '.,:.?: ?" r: APPENDIX D I. INSTITUTIONAL NETWORK A. I-Net. Except as provided herein, Franchisee shall, at its own cost, maintain and replace, as needed, the institutional network to the sites which are a part of the institutional network as of the effective date of this Agreement. The City may relieve the Franchisee of this requirement in writing at any time during the term of the Franchise. Franchisee agrees not to charge subscribers, the City or other institutions with institutional network sites for their noncommercial use of the institutional network for video program distribution, training, data transmission, and other applications (such as energy management) . B. End User Equipment. The City and such institutions shall purchase all necessary end user equipment for data transmission and other applications. C. Interconnection with Subscriber Network. The institutional network shall permit institutions to transmit programming via upstream, institutional channels to access channels on the residential subscriber network. Franchisees system shall be capable of switching from the upstream channels to the downstream residential subscriber network and shall allow for switching between the Municipal Services Building, City Hall and other institutional network originating locations. D. Design. Each origination site on the institutional network shall be able to originate transmissions simultaneously when economically and technically feasible and viable. The design of the institutional network shall be the same as that on the effective date of this Agreement or better. The Franchisee shall work cooperatively with the City to design any institutional network construction to meet the needs of the City. E. Future Construction. At any time during the franchise term, the City may require Franchisee to construct: extensions to the coaxial cable institutional network in existence on the effective date of the franchise. At least ninety (90) days prior to requested construction, the Franchisee shall provide to the City for its review and approval, a quotation of costs and schedules for institutional network construction and installation. The Catty will be charged for the construction of institutional network facilities based on the Franchisee's direct costs of labor and materials as specified below. For institutional network construction in locations served by the institutional network in existence the effective date of the franchise, the City will be charged for one-hundred percent (loot) of the direct cost incurred by the Franchisee. F. Franchisee will continue to own and perform routine maintenance on the existing Institutional Network. All extraordinary maintenance (i.e., replacement of cable and electronics) will be done on a time and material basis, payable by the City. In situations where Franchisee also has to replace cable or electronics at the same time, no labor costs will be passed on to the City. The City will pay for any improvements to the I-Net. G. Use. The I-Net shall be a closed circuit loop network dedicated for the non-commercial use of the City. Provided, however, that if the City wishes to interconnect the I- Net directly to a public switched network, then the following shall apply: I. If Franchisee (or a business affiliate of Franchisee) offers the service sought to be accessed by City by interconnecting to the public switched network, then the City shall purchase such service from the Franchisee (or its affiliate) at a discount of lot from the lowest rates charged by Franchisee (or its affiliate) for such service, if such a discount is allowed by applicable law. If such a discount is not allowed by applicable law, the service shall be furnished at the lowest rate of Franchisee (or its affiliate). 2. If Franchisee (or a business affiliate of Franchisee) does not offer the service sought to be accessed by City by interconnecting to the public switched network, then the City may purchase such service from a third party, provided, however, at such time as Franchisee (or a business affiliate of Franchisee) offers such service, then the City shall purchase such service from the Franchisee (or its affiliate) at a discount of 10k from the lowest rates charged by Franchisee (or its affiliate) for such service, if such a discount is allowed by applicable law. If such a discount is not allowed by applicable law, the service shall be furnished at the lowest rate of Franchisee (or its affiliate). Provided, however, that the City shall not be required to purchase such service from Franchisee (or business affiliate of Franchisee) if the cost is substantially higher than the City is currently paying. 3. If the City interconnects the I-Net directly to a public switched network and purchases service from a third party, then the City shall from and after the date of such interconnection, commence reimbursing Franchisee for the incremental cost of all routine maintenance on the existing I-Net, in addition to making the other payments described in paragraph F above. The reimbursement for routine maintenance shall cease, and the provisions of paragraph F shall be reinstated, at such time as the City is no longer interconnected to the public switched network of a third party. 2 ,al e .r ;:, ...; Customer Service Standards .F (City of Clearwater) ,u . Y-'p :}f.i•1 ? .. • t4 ?! 14. i r 1 t ? .I 1 t t APPENDIX E CUSTOMER SERVICE STANDARDS INDEX . SECTION I SOLICITATION OF SUBSCRIPTIONS .............. E-1 SECTION 2 TRAINING OF EMPLOYEES; TELEPHONES ......... E-3 SECTION 3 BILLING .:................................ E-4 SECTION 4 EQUIPMENT PROVIDED BY The Grantee ........... E-6 SECTION S OUTAGE CORRECTION AND REPAIR SERVICE ...... E-6 SECTION 6 SUBSCRIBER COMPLAINTS ..................... E-8 SECTION 7 NOTICE ................................... E-9 SECTION 8 TERMINATION OF SERVICE AND DISCONNECTION ....................... E-9 SECTION 9 CREDITS AND REFUNDS ...................... E-10 SECTION 10 MISCELLANEOUS REQUIREMENTS .............. E-11 SECTION 11 ' FAILURE TO COMPLY WITH THESE REQUIREMENTS ................... . '... E-12 SECTION 12 DEFINITIONS .............................. E-12 C-I-> APPENDIX E CUSTOMER SERVICE STANDARDS SECTION 1 SOLICITATION OF SUBSCRIPTIONS 1.1 Subscription Information. 1.1.1 Before providing any service to any Subscriber and upon request by any customer thereafter, the Grantee shall provide the following subscription information a. a description of the Cable Services provided by the Grantee, accompanied by a listing of the charges for each such service, either alone or in combination; b. a listing of all rates, terms and conditions for each Cable Service or tier of Cable Service, both alone and in combination, and all other charges, such as for returned checks and for mlocating cable outlets; c. instructions on how to use other communications devices which may be,used in conjunction with the System; f1'.1 d. a description of the Grantee's billing and collection procedures; e. the procedure for the resolution of billing disputes, including the telephone number of the City of Clearwater office Subscribers may call with regard to billing disputes, as specified by the Grantor; L a description of the Grantee's policies concerning credits for outages and reception problems, consistent with these consumer protection standards; g. an explanation of the procedures and charges, if any, for upgrading, downgrading or disconnecting services, consistent with these consumer protection standards; h. the required time periods for the completion of installation requests, consistent with these consumer protection standards, and an indication of the penalties for failure to complete installation within such time periods; i. the complaint resolution process; Ca-3> j. the procedures by which the Subscriber will be notified of any rate increase; k. system; and the local numbers for the Grantee's Subscriber service telephone 1. a description of significant rights accorded to the Subscriber pursuant to applicable law. 1. 1.2 The Grantee shall deliver copies of all such subscription information to the Grantor within three (3) days after distributing it to the first Subscriber or potential Subscriber so that the Grantor may ensure that the information contained therein comports with these consumer protection standards and is not misleading. If the Grantor determines that such information does not comport with these consumer protection standards or this Ordinance or is misleading, the Grantor may order the Grantee to submit to any Subscriber or potential Subscriber corrected subscription information. The Grantee agrees that the Grantor assumes no liability for the subscription information by virtue of its review of such information. 1.2 . Anyone who requests the installation of Cable Service from the Grantee shall have the right to rescind such request at any time prior to the point in time at which physical installation upon the premises begins. Anyone who requests a particular service from the Grantee shall have the same right of rescission, except that such right shall expire once the requested service is actually received by such Person. 1.3 Marker Show* ing Converter Dial I ions. The Grantee will provide Subscribers with a dial location card for all Cable Services when channel line-up changes, at the time of installation and upon request thereafter. 1.4 Prooduir. for Installation 1.4.1 Under normal operating conditions, the standards in this Section shall be met no less than ninety-five percent (9591;) of the time as measured on an annual basis. 1.4.2 Once a request for Cable Service is received, the Grantee shall either set a specific appointment time or specify a four (4) hour time block during normal business hours, as requested by the Subscriber or potential Subscriber, during which the Grantee's work crew shall install the necessary equipment to receive service. Tlie Grantee may schedule installation activities outside of normal business hours for the express convenience of the Subscriber. 1.4.3 Unless a later date is requested by a potential Subscriber, the Grantee shall complete installation of service for any new Subscriber within seven (7) business days after any such request is received, where the installation is located up to 125 feet from the existing distribution system. CE-2> 1.5 R=grds of ReQtuests_fbE ble_Service 1.5.1 The Grantee shalt keep records capable of showing all requests for Cable Service, which shall contain, with respect to each request for service, the name and address of the Person requesting service, the date on which service was requested, the date and appointment period on which service was scheduled to be provided and the date and appointment period service was actually provided. These records shall be assembled continuously and made available to the Grantor in summary form and in a legible format. 1.5.2 Any information in the records required by Section 1.5.1 of this Appendix may be destroyed five (5) years after such information was collected, unless the Grantor authorizes the Grantee, in writing, to destroy any information required by Section 1.5.1 of this Appendix prior to the expiration of such five (5) year period. SECTION 2 TRAINING Or EMPLOYEES; TELEPHONES 2.1 :Erainjncy of Employ=s 2.1.1 Each field employee of the Grantee who may come into contact with members of the public at their places of residence shall: (i) wear a Company-provided uniform identifying the Grantee; (ii) use a vehicle appropriately identifying the Grantee; (iii) wear a picture identification card indicating his or her employment with the Grantee. Each such employee shall also be trained to perform efficiently the various tasks, including responding to consumer inquiries and complaints, necessary to provide consumer services in a responsible and courteous manner. 2.1.2 All Company employees shall identify themselves by first name when answering Company telephone lines routinely used by members of the public. 2.2 Teltnhone Lines. The Grantee shall have local telephone lines for receiving requests for repair or installation services, for reporting outages and for responding to billing questions. Repair lines shall be answered twenty-four (24) hours per day, seven (7) days per week. 2.3 Smndard !Df srYice for-ft Tele on System. At the commencement of the term of this Ordinance, the telephone system shall have, at a minimum, enough incoming lines and adequate staff to process incoming calls such that telephone answer time, including wait time, shall not exceed thirty (30) seconds when the connection is made. If the call needs to be transferred, transfer time shall not exceed thirty (30) seconds. Subscribers shall receive a busy signal less than three percent (3%) of the time, t E-3 > 2.4 Cbmplian?. The standards in Section 2.2 and 2.3 of this Appendix shall be met no less than ninety percent (90%) of the time under normal operating conditions, measured on a n annual basis. The Grantee will not be required to acquire equipment or perform surveys to measure compliance with the telephone answering standards unless a historical record of complaints indicate a clear failure to comply. SECTION 3 BILLING 3.1 The Fermat of a Subscriber's Bill 3.1.1 The bill shall be designed in such a way as to present the information contained therein clearly and comprehensibly to Subscribers. 3.1.2 The bill shall contain itemized charges for each category of Service and equipment and any installation of equipment or facilities and monthly use thereof (together, "Equipment") for which a charge is imposed (including late charges, if any), an explicit due date, the name and address of the Grantee and telephone number for the Grantee's office responsible for inquiries and billing, the telephone number specified by the Grantor for the resolution of billing disputes, and the FCC Community Unit Identifier Number. The bill shall state the billing period, amount of current billing and appropriate credits or past due balances, if any. 3.1.3 The Grantee shall not charge a potential Subscriber or Subscriber for any Service or Equipment that the Subscriber has not affirmatively requested by name. A Subscriber's failure to refuse a cable operator's proposal to provide such Service or Equipment shall not be deemed to be an affirmative request for such Service or Equipment. 3.2 Billing, Procedures. All bills shall be rendered monthly, unless otherwise authorized by the Subscriber, or unless service was provided for less than one (1) month. 3.3 ProsedlaleSQr Collecting Late ills 3.3.1 No bill shall. be due less than fifteen (15) days from the date of the mailing of the bill by the Grantee to the Subscriber. 3.3.2 A bill shall not be considered delinquent until at least thirty (30) days have elapsed from the mailing of the bill to the Subscriber and payment has not been received by the Grantee, provided that no bill .shall be mailed more than fifteen (I5) days prior to the date services covered by such bill commence, except in cases where a Subscriber requests advance billing. Late fees will not exceed grantee's average cost of collecting delinquent accounts. <E-4> 3.3.3 The Grantee shall not physically or electronically discontinue service for nonpayment of bills rendered for service until: (i) the Subscriber is delinquent in payment for service; and (ii) at least five (S) days have elapsed after a separate written notice of impending discontinuance has been served personally upon a Subscriber; or (iii) at least eight (8) days have elapsed after mailing to the Subscriber a separate written notice of impending discontinuance (for which postage is paid by the Grantee), addressed to such Person at the premises where the Subscriber requests billing; or (iv) at least five (S) days have elapsed after a Subscriber has either signed for or refused a certified letter (postage to be paid by the Grantee) containing a separate written notice of impending discontinuance addressed to such Person at the premises where the Subscriber requests billing. Notice of Service discontinuance must clearly state the amount in arrears, the total amount required to be paid to avoid discontinuance of service, reconnection charges if applicable, and the date by which such payment must be made. 3.4 Procedure for the Resolution 3.4.1 The billing dispute resolution procedure shall be initiated once a Subscriber contacts the Grantee's department which handles billing questions or the Grantor, orally or in writing, so long as such contact occurs within thirty (30) days from the date of receipt of the bill by the Subscriber. If the Subscriber contacts the Grantor, the Grantor shall notify the Grantee, by mail, by telephone or by electronic means, that the dispute resolution procedure has been initiated and the Grantee shall then contact the Subscriber to discuss the dispute. 3.4.2 The Subscriber shall not be required to pay the disputed portion of the bill until the dispute is resolved. The Grantee shalt not apply finance charges, issue delinquency or tenmination notices, or initiate collection procedures for the disputed portion of the bill pending resolution of the dispute. 3.4.3 The Grantee shall promptly undertake whatever review is necessary to resolve the dispute, and shall notify the Subscriber of the results of the review as soon as it is completed, but in no case later than twenty (20) business days after receipt from the Subscriber of the billing dispute, problem or complaint notification. 3.4.4 The Grantee shall notify the Subscriber of its proposed resolution of the billing dispute. < a-s > 3.5 Referral of Delinquent Accounts to a Collection AgCncy 3.5.1 If the billing dispute resolution procedures have not been initiated, the delinquent account may be referred to a private collection agency for appropriate action no sooner than thirty (30) business days after it becomes delinquent. 3.5.2 If the billing dispute resolution procedures have been initiated, the delinquent account shall not be referred to a collection agency prior to ten (10) business days after the conclusion of those procedures, including any appeal to the Grantor. SECTION 4 EQUII'MENT PROVIDED BY The Grantee 4.1 '1,T,nec of Fmipment To Be Provided 4. 1.1 The Grantee shall supply a closed caption decoder to any hearing impaired Subscriber who requests one at a charge not to exceed the Grantee's cost. 4.1.2 The Grantee shall comply with all rules and regulations promulgated by the FCC pursuant to Sections 623 and 624A of the Cable Act (47 U.S.C. §§ 543 and 544a). 4.2 Terms for Rental and Loaner Equipment 4.2.1 The Grantee may require deposits on certain Equipment it provides to Subscribers, provided that all such deposits shall be placed in an interest bearing escrow account for the Subscribers, which deposit shall bear a reasonable interest rate. 4.2.2 For billing purposes, the return of rental Equipment shall be deemed to have taken place on the day such equipment is returned. SECTION 5 OUTAGE CORRECTION AND REPAIR SERVICE 5.1 Interruption of Service. The Grantee shall exercise its good faith to limit any scheduled interruption of any Cable Service for any purpose to periods of minimum use. Except in emergencies or incidents requiring immediate action, the Grantee shall provide the Grantor and all affected Subscribers with prior notice of scheduled service interruptions, if such interruptions will last longer than one and one-half hours (1-112). < E-6 > 5.2 Time Periods by Which Outages MUSt )k Corrected and Repairs Made 5.2.1 The Grantee shall maintain sufficient repair and maintenance crews so as to be able to correct or repair any reception problem or other service problem of either picture, or sound quality, including any outage of sound and/or picture, on any Channel except for a problem caused by an intentional, wrongful act of the Subscriber or by the Subscriber's own equipment which was not supplied by the Grantee, promptly and in no event later than forty-eight (48) hours after the Grantee either receives a request for repair service or the Grantee learns of it. For purposes of this Ordinance, "reception problem" shall constitute reception that an affected Subscriber reasonably determines is unsatisfactory, unless the Grantee can demonstrate that the Signals transmitted to such Subscriber are in compliance with the FCC's technical signal quality standards (47 C.F.R. § 76.601 et seq.). 5.2.2 The Grantee shall maintain, at all times, an adequate repair and service force in order to satisfy its obligations pursuant to the Section 5.2.1 of this Appendix, and in cases where it is necessary to enter upon a Subscriber's premises to correct any reception problem or other service problem, the Grantee shall either set a specific appointment time or specify a four (4) hour time block during normal business hours, as requested by the Subscriber or potential Subscriber, during which the Grantee's work crew shall work on the service problem. The Grantee may schedule service calls outside of normal business hours for the express convenience of the Subscriber, provided that the Grantee's customer service representatives shall at all times endeavor to be aware of service or other problems in adjacent areas which may obviate the need to enter a Subscriber's premises. 5.2,3 In no event shall the Grantee cancel any necessary scheduled service call after the close of the business on the business day prior to the scheduled appointment. If the Grantee needs to cancel a scheduled appointment, it must contact the Subscriber and reschedule at a time convenient for the Subscriber. 5.3 Failtm To M=E Time p 'mods May Be Excused. The Grantee's failure to correct outages or to make repairs within the stated time periods shall be excused in the following circumstances: (i) if the Grantee could not obtain access to the Subscriber's premises; or (ii) if the Grantor, acting reasonably, agrees with the Grantee that correcting such outages or making such repairs was not reasonably possible within the allotted time period. 5.4 & Charge, for RcrairS ervice. The Grantee shall not impose any fee or charge any Subscriber for any service call to his or her premises to perform any repair or maintenance work on Grantee's equipment. [E-7> 5.5 SSe y1ce Q111% To BeProyidd.on a No iscriminatprvBasis. The Grantee shall provide all service calls throughout the Franchise Area on a nondiscriminatory basis. 5.6 $ffi'erAc of Ren .r Scryicc sects 5.6.1 The Grantee shall keep records capable of showing all requests for repair service and information on outage correction (to the extent available with respect to each of the following types of information), which shall show, at a minimum, the name and address of the affected Subscriber, the date and the approximate time of request, the date and approximate time the Grantee responds, the date and approximate time service is restored, the type and the probable cause of the problem, -and the names of the Grantee employees who took the corrective action(s). Such records shall also describe the corrective action taken., and, in the case of outages, shall estimate the number of Subscribers affected. For the purposes of this Section 5.6.1, "time" shall mean the time of request or appointment period, as applicable. 5.6.2 Any information in the records required by Section 5.6.1 of this Appendix may be destroyed two (2) years after such information was collected, unless the Grantor authorizes the Grantee, in writing, to destroy any information required by Section 5.6.1 of this Appendix prior to the expiration of such two (2) year period. . SECTION 6 SUBSCRIBER COMPLAINTS 6.1 Complaints. For the purposes of this Ordinance, "complaint" shall mean any written communication by a Subscriber or potential Subscriber or oral communication by a Subscriber or potential Subscriber reduced to writing, including to a computer form, expressing dissatisfaction with any nonprogramming aspect of the Grantee's business or operation of the System. 6.2 71me Wiod-for the_Res I ht.•on_gf C ingl ints. Except where another time period is required by any other provision of this Appendix, the Grantee shall make its good faith to resolve, as soon as practicable and in no event later than.seven (7) business days, all complaints after they are received by the Grantee. 6.3 Referral of Complaints from the Grantor ta the mntee 6.3.1 If the Grantor is contacted directly about a complaint concerning the Grantee, the Grantor shall notify the Grantee. 6.3.2 Within seven (7) business days after being notified about the complaint, the Grpmtee shall issue to the Grantor a report detailing the investigation thoroughly, describing < E-8, > the findings, explaining any corrective steps which are being taken and indicating that the Person who registered the complaint has been notified of the resolution. 6.4 Complaint E=prds 6.4.1 The Grantee shall maintain complaint records, which shall record the date a written complaint is received, the name and address of the affected Subscriber, a description of the'complaint, the date of resolution, and a description of the resolution. 6.4.2 Any information in the records required by Section 6.4.1 of this Appendix may be destroyed after one (1) year after such information was collected, unless the Grantor authorizes the'Grantee, in writing, to destroy any information required by Section 6.4.1 of this Appendix prior to the expiration of such one (1) year period. r SECTION 7 NOTICE 7.1 Notice Required 7. 1.1 The Grantee shall provide notice to the Grantor and all Subscribers of any change in any fee, charge, deposit, terns or condition, which notice shall be provided no later than thirty (30) days prior to the effective date of any such change. All notices required by this Section 7.1.1 shall specify, as applicable, the service or services affected, the new rate, charge, term or condition, the effect of the change, and the effective date of the change. 7.1.2 The Grantee shall provide notice, in writing, to the Grantor and all Subscribers of any change in any Channel assignment or in any Service provided over any such Channel, which notice shall be provided no later than thirty (30) days prior to the effective date of any such change. SECTION 8 f TERMINATION OF SERVICE AND DISCONNECTION 8.1 Notice of Termination. of Service. As described in Section 3.3.3 of this Appendix, the Grantee may terminate service to any Subscriber whose bill has not been paid after it becomes delinquent, so long as the Grantee gives proper notice to the Subscriber. 8.2 Re. uhSCriRtiaa to Cable Service. The Grantee shall not refuse to serve a former Subscriber whose service was terminated, so long as all past bills and late charges have been paid in full. < E•9 > 8.3 Disconnection, Laneth of Timr. to if disconnection occurs at the Subscriber's written or oral request, then, for billing purposes, it shall be deemed to have occurred three (3) business days after the Grantee receives the request for disconnection at Grantee's business offices unless (i) it in fact occurs earlier or (ii) the Subscriber requests a longer period. 8.4 Scheduling Appointments. The Grantee shall either set a specific appointment time or specify a four (4) hour time period during normal business hours, during which its work crew shall visit the Subscriber's premises to disconnect service and to remove any Equipment. The Grantee may schedule such service outside normal business hours for the express convenience of the Subscriber. 8.5 . The Grantee shall ensure that the subscriber's premises are restored to their original condition if damaged by the Grantee's employees or agents in any respect in connection with the installation, repair or disconnection of Cable Service. 8.6 No Fee for Disconnection. The Grantee shall not charge any fee for disconnection. Grantee will make a seasonal plan available for part-time residents at discounted prices. SECTION 9 CREDITS AND REFUNDS 9.1 Grounds. As a result of the Grantee's failure to comply with these consumer protection standards, the Grantee shall provide to each affected Subscriber or potential Subscriber, as applicable, the following credits: (i) for a failure of the Grantee's crew to arrive at the Subscriber's premises at the scheduled time or within the promised four (4) hour period for any installation service, as provided in Section 1.4.2 of this Appendix, a credit equal to free installation. (ii) for any reception problem, including any outage of sound and/or picture on any Channel, as defined in Section 5.2 of this Appendix, or for any other service problem which remains unrepaired for more than twelve (12) hours after either the Grantee receives from the Subscriber a request for repair service (provided that, to the extent access to the Subscriber's premises is required to effect such repair, the Subscriber has granted the Grantee such access) or the Grantee learns of such problem an appropriate credit, (iii) for a failure of the Grantee's crew to arrive to correct any outage or make any repair during the stated time period, as specified in Section 5.2.2 of this Appendix C$-low (except where such failure is excused by Section 5.3 of this Appendix or except where such crew is no longer required due to a repair effected in a nearby portion of the System a credit, upon request, of $20.00; and (iv) for the improper termination of service to a Subscriber, free reconnection and a credit. 9.2 Pu= . The Grantee agrees that each of the foregoing occurrences necessitating such credits shall result in injury to such Subscribers, which injury will be difficult to ascertain and to prove. The Grantee agrees that each of the foregoing credits is a fair and reasonable compensation for such injury and that such compensation constitutes liquidated damages, not a penalty or forfeiture. 9.3 Calculation. For the purpose of calculating the amount of credit owed pursuant to Section 9. l(iii) of this Appendix, such four (4) hour period shall be deemed to have begun at the time the outage occurred. 9.4 Credits. With respect to any credit described in Section 9.1(iii) of this Appendix, the Grantee shall provide a credit to any eligible Subscriber who makes application therefor by written or oral notice within ninety (90) days after the outage or reception problem occurred. 9.5 Refunds. Refund checks shall be issued promptly, but no later than either (a) the Subscriber's next billing cycle following resolution of the request or thirty (30) days, or (b) the return of the equipment supplied by the Grantee if the service is terminated. SECTION 10 MISCELLANEOUS REQUIREMENTS 10.1 Chargr,_for-Downe?es. If the downgrading of a Subscriber's service shall be effected solely by coded entry on a computer terminal or by another similarly simple method, the charge for such downgrading shall not exceed the cost. Charges for changes in service tiers or equipment that are impossible to be made by coded entry on a computer terminal or other similarly simple method and that involve a more complex method shall not exceed allowable costs. 10.2 omits. In the event applicable law permits, at any time during the term of this Ordinance, the Grantor requires the Grantee to retroactively decrease or "rollback" rates, fees or charges for any Service provided pursuant to the Agreement, the Grantee shall automatically provide a credit on each Subscriber's bill affected by such decrease or rollback. 10.3 pUmrnt Station . The Grantee shall maintain full service locations at which bills can be paid and Subscriber inquiries can be answered. cu-li> 10.4 Cable Guide, The Grantee shall provide in any cable programming guide supplied to Subscribers, in which Grantee has editorial control, a listing of the channel location of all PEG channels. SECTION 11 FAILURE TO COMPLY WITH THESE REQUIREMENTS 11.1 Material Req iu remcnts 11. The Grantee agrees that substantial failure to comply with any material requirement set forth in these consumer protection standards shall constitute an Event of Default. 11. 1.2 The Grantee also agrees that if the Grantor determines, in the exercise of its sole discretion, that the Grantee has, after notice from the Grantor, repeatedly failed to comply with any requirement set forth in these consumer protection standards, then the Grantor may elect to treat such failure in all respects as an Event of Default. 11.2 Comply. Liability for C-nntractars'/Sub=n=t=' Failure To If the Grantee fails to take reasonable steps to ensure that its contractors, subcontractors or agents abide by these consumer protection standards, the Grantee shall be liable for any breach of these consumer protection standards committed by its contractors, subcontractors, or agents just as if the Grantee itself had committed the breach. SECTION 12 DEFINITIONS 12.1 Normal Business Hours. The term "normal business hours" means those hours during which most similar businesses in the community are open to serve customers. 12.2 Namal Onerating Conditions. The term "normal operating conditions" means those service conditions which are within the control of the Grantee. Those conditions which are not within the control of the Grantee include, but are not limited to, natural disasters, civil disturbances, power outages, telephone network outages, and severe or unusual weather conditions. Those conditions which are ordinarily within the control of the Grantee include, but are 'not limited to, special promotions, pay-per-view events, rate increases, regular peak or seasonal demand periods, and maintenance or upgrade of the cable system. < E-12 > ;'.. ?j1?Yw ' r. a??tit ? ', : 3 '•kr' y,•3`I,G`?`esl. .'?._{? ..a ? -?. ,. ' ?., . • 'f'?Fti'.'•i]`,1s,,•?7., ,.??ni;ri S:'?la it.;. ?rVF?.. 3'?1''?1;? ? P•. •• ? ? ? ? .• ' },` ? `9r.R s •''SP:d '3 ? ?.r, •Eii'J ...-i??{'..-•'1Aw.. a.: ??: > aS SI ?' 1 f tt'. 4N , itl f' .F i Item, F F erg 4 - ?e?9 I KT .4 NR , ? j&14 'i i r '` • Item # ` S Clearwater City Commission Meeting Date: Agenda Cover Memorandum SUBJECT: Purchase of Diesel Fuel -- SP Oil Company RECOMMENDATION/MOTION: Award a one-year contract from December 16, 1996 through December 15, 1997, to SP Oil Company, Atlanta, QA, for the purchase of diesel fuel at an estimated cost of $423,000.00; this contract is in accordance with cooperative contract let by Pinellas County Consortium and in accordance with city Code section 2.564 (1) (d), cooperative purchasing with other government entities; ® and that the appropriate officials be authorized to execute some, SUMMARY: ? City of Clearwater purchases vehicle fuel with the Pinellas County Consortium. ? Contract is awarded on a one year basis from December 16 through December 15. ? Pinellas county will extend current contract by twelve months (December 16, 1996 through December 15, 1997). ? General services Staff is requesting approval to join the consortium on the contract for the period December 16, 1996 through December 15, 1997. ? Estimated purchases for remaining 9 112 months of FY 96/97 is $352,000.00; first 2 1/2 months of FY 97/98 is $71,000,00. ? Funding for purchase is budgeted in the Fuel Code, 566-06611-550500-519-000, which has an available balance of $649,828.00 as of October 25, 1996. ? Fiscal year impact for FY 1996/97 will be $352,000. Funding of $71,000 for the following year will be included in the City Manager's FY 1997/98 recommended budget ,Reviewed by: Originating Dept: Costs: $473,000.00_ Commission Action: Legal N/A Total 0 Approved Budget Purchas ing P Ge ] Services 5 352,404.00 13 Approved w/conditions Risk Mumt. Current Fiscal Yr. 13 Denied N48 cis User Dept: O continued to: ACM Funding source: ? other Various ? capital imp. ® Operating Advertised: 13 other Attachmonts: C t R ui d ® N eq o re Submitted by: Affected Parties Appropriation Code: None ? Notified 566-06611-550500-519.000 ® Not Required C Ma gar COOP Printed on recycled paper 4 Clearwater City Commission Agenda Cover Memorandum item to _/ ?> Meeting Date: .a). SUBJECT: Purchase of Unleaded Fuel -- Louis Dreyfus Energy Corporation RECOMMENDATION/MOTION: Award a one-year contract from December 16, 1996 through December 15, 1997, to Louis Dreyfus Energy Corporation, Atlanta, GA, for the purchase of unleaded gasoline at an estimated cost of $100,000.00; this contract is in accordance with cooperative contract let by Pinellas County Consortium and in accordance with City Code Section 2.564(1)(d), cooperative purchasing with other government entities; ® and that the appropriate officials be authorized to execute same. l y"IVT01#`F ? City of Clearwater purchases vehicle fuel with the Pinellas County consortium. ? Gasoline is purchased for the two City fuel sites for emergency supply and to supplement gasoline purchases from outside vendors; a separate agenda item will be presented for Voyager Fleet Systems, Inc. contract. ? Contract is awarded on a one year basis from December 16 through December 15. ? Pinellas County will extend current contract by twelve months (December 16, 1996 through December 15, 1997). ? General Services Staff is requesting approval to join the consortium on the contract for the period December 16, 1996 through December 15, 1997. ? Estimated purchases for remaining 9 1/2 months of FY 96/97 is $77,100.00; first 2 1/2 months of FY 97/90 is $22,900.00. ? Funding for purchase is budgeted in the Fuel Code, 566-06611-550500-519-000, which has an available balance of $649,828.00 as of October 25, 1996. Funding of $22,900 for the following year will be included in the City Manager's FY 1997/98 recommended budget. Reviewed by: Originating Dept: Costs: $100.000.00 Comissian Action: Legal NIA Total ? Approved Budget ..A-p._ en al Services ? Purchasing _ t 77,100.00 Approved w/conditions Risk Mgmt. N/A Current Fiscal Yr. G] Denied CIS N/A ser Dept: ? continued to: iACM Various Funding Source: other p capital Imp. ting Advertised: © opera Attachments: Not Required risubmitted by: Affected Parties p Appropriation Code: None w Notified 566.06611-550500-519-000 ?e ® Not Required 'Cit ana r C) Printed on recycled paper TER f) s3 Clearwater City Commission Agenda Cover Memorandum Item ii Meeting Date: .t? ), SUBJECT: Fuel outsourcing RECOMMENDATION/MOTION: Award a one-year contract (from December 1, 1996 through November 30, 1997), with a one-year option to renew, to Voyager Fleet Systems Inc., Houston, TX for the purchase of fuel at an estimated annual cost of $500,000 which is the most responsive and responsible bid submitted in accordance with specifications, 0 and that the appropriate officials be authorized to execute some. SUMMARY: ? The City is currently purchasing fuel through Wright Express (this vendor did.not respond to this year's bid solicitation). ? Bids were solicited to outsource the City's fuel requirements. Voyager Fleet Systems' bid provides 38 service locations within the city of Clearwater (a total of 224 locations within the Tampa Bay area). ? Voyager Fleet Systems' bid for fuel is based upon the posted price per gallon with no additional service charges. ? Two other vendors, with limited service locations, submitted bids for this service. ? The Fiscal year impact for 1996/97 is estimated at $420,000; sufficient funding is available in the Fleet Maintenance Fuel operating code: 566-06611-550500-519-000. The fiscal 1996/97 fuel budget estimated at $700,000 provides funding for outsourcing fuel requirements and two City- owned fuel sites. Funding of $80,000 for the following year will be included in the City Manager's FY 1997/98 recommended budget. Reviewed by: Originating Dept: Costa: $500.000 Commission Action: Legal Ce+:erat services Total © Approved Budget 000 $420 13 Approved w/conditions Purchasing Mr„? , O A Rick ii9mt• Current FiscaL Yr. Denied Cis User Dept: 0 Continued to: ACH Various Funding Source; Other Capital imp. ® Operating Advertised: i' Other Attachments: Date: /4/96, 10/18/96, 10/11/96 Bid Tabulation Summary Paper: Tamps Bay Review; contract ibune T T wpa r x Not Required Appropriation code: 0 None submitted by: s? Affected Parties 566-06611-550500.519-000 Pr X Notified Cilan [3 Not Required AD Printed on recycled paper w PROPOSAL SUBMISSION LIST VOYAGER FLEET FUELING SERVICES, INCORPORATED LARRY MIAZGA NATIONAL SALES MANAGER P.O. BOX 790049 HOUSTON, TEXAS 77279-0049 330 BARKER CYPRESS ROAD HOUSTON, TEXAS 77094 PHONE: 8001987-6590 BP OIL COMPANY JAMES C. MOODY COMMERCIAL ACCOUNT EXECUTIVE FLEET MARKETING 9040 ROSWELL ROAD, SUITE 500 ATLANTA, GEORGIA 30350 PHONE: 8001308-3894 INTERNATIONAL AUTOMATED ENERGY SYSTEMS, INCORPORATED C.J. HUESTON PRESIDENT 2600 GOLDEN GATE PARKWAY NAPLES, FLORIDA 34105-0032 ADVERTISING WARFIELD'S TAMPA BAY REVIEW OCTOBER 4 AND 18,1996 TAMPA TRIBUNE OCTOBER 11, 1996 REQUEST FOR PROPOSAL TABULATION PROPOSALS SOLICITED: 11 PROPOSALS RECEIVED• 3 i i i NO RESPONSE: 7 ' "NO-PROPOSAL" RESPONSE: 1 PENDING OPERATION CHANGES: 1 f gyn. i? 11 i f13 r+ O m y W O W []? in z /m W L 1L ru 111 J IL r r 0 .? not y c a m to o _ U m $ 8 c o '$ o a$ two E ° N'I N a r a V W M cD (G C7 a +- r-' ti T r ID U to ?f •' Q CD r 03 V H r CV r 0 ? M ? 'I? .N- M 01 M ? ? CO N ? N 'V' N ? N t4 C'7 CD N M Q7 to N V- ? ? CO Ch ? ('^1 rn ? CD N st N 'rt N ? M O1 G A ?,p-1{ ? N tC7 r X13 T ? ?y ? ? r,A ? i?7 a u'1 r r T ? ?r cn M a N N tv cz a m ?y Q G a N ?' ? O N to _ C m N lit (D :a It 11 It tl It It W)ICCINra ro ? C ?p E sl sl n ss Y M N r . N ? N ?O ? r ? t0 M i? M ? N ? M Q1 ?- r N V co ONO ? 0 0 0 ? m tm O Q r~ V N A M N rIr ?- r N r N r r- ' m N N N C 0 N cq r M M et m M ?D M tD N LtL to w Cos V V ? ? ? •" 7 N cD l*) to +d' t0 M tD N '?T G O M OD 2:.N C9 C (a ? ? N m ? M Mtn ? ?D N `Ct r N O O N ?D C 4 .?.I 0: 0 -1?u) rul?°yvco .tw amuywco o0 M M le N N N M N d m Q _ O ?, ;n ? (7 ? C Z`$ 9 "El in ?C7a?:S rr tr rr 111111 III vMN o III r O/ Cn 3 o a ?` a d e E w per. U ? oW d ?s 0 ?? D m Au .5 w o n? 8 8 o ? Q R E 12 a , v z5 u°l4 cs r oc dcn a :N U) C o U O m N fn m c w d 5 w J u. ..1 t*i N O O M 00 C?J O Cr! f? N Ch N •t N ?C? r r' a o v ? N mNOOGO00t*Jco CD N co (D?w t- to bJ t- ei r N r r N o ~ G M N O O C+9 = N N it w N It N Iq N tD W) v M O O ch U1 N CO e'7 to C) to N 'St V- N zi N N Co O O - th N 00 N V 0 O tD Q r Cr7 C tD 23 N it '? v,u' o O M rn M w v ao .- N a cn tr, rn r tm ch Rt N N N 0 w ? o C to ? : d G ?. a a V o W G N C VJ M .C N N cG O a 0. as $ a ' N '? z? ul? c`? C c div a A d A o 0 Co to o co u n n u t? u In vMN*-C7 C R 0 c E ul it It it to It M N r ' m rn a t i This CONTRACT made and entered into this day of , 19 , by and between the City of Clearwater, Florida, a municipal corporation, hereinafter designated as *City' and Voyager Fleet Systems, Inc., of the City of Houston, and State of Texas, hereinafter designated as "Contractor.' WITNESSETH: r f 4 That the parties to this contract each in consideration 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 fees as herein after set forth to be paid by the City to the Contractor, shall provide motor fuel to the City at the designated locations, at the posted pump price. The Contractor also agrees to provide management information of the type and in the form as specified in the attached RFP and Bid proposal (Bid No. 01-97) at no additional charge. In accordance with the City's attached technical specifications and the Contractor's bid response, together with any instructions to bidders, general conditions, and proposal, which may be hereto attached, are hereby made a part of this contract, and all of said work to be performed 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 shall fail to comply with any of the terms, conditions, provisions or stipulations as contained herein within the time specified for completion of the work to be performed by the Contractor, then the City may, at its option, avail itself of 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 CONTRACTOR AND HIS OR ITS SUCCESSORS AND ASSIGNS DOES HEREBY AGREE TO ASSUME THE DEFENSE OF ANY LEGAL ACTION WHICH MAY BE BROUGHT AGAINST THE CITY AS A RESULT OF THE CONTRACTOR'S ACTIVITIES ARISING OUT OF THIS CONTRACT, AND FURTHERMORE, IN CONSIDERATION OF THE TERMS, STIPULATIONS AND CONDITIONS AS CONTAINED HEREIN, THE CONTRACTOR AGREES TO HOLD THE CITY FREE AND HARMLESS FROM ANY AND ALL CLAIMS FOR DAMAGES, COSTS OR SUITS, JUDGMENTS OR DECREES RESULTING FROM ANY CLAIMS MADE UNDER THIS CONTRACT AGAINST THE CITY OR THE CONTRACTOR OR THE CONTRACTOR'S SUB-CONTRACTORS, AGENTS, SERVANTS OR EMPLOYEES RESULTING FROM ACT1 .. VTI`IE5 BY THE AFOREMENTIONED CONTRACTOR, SUB-CONTRACTOR, AGENTS, SERVANTS OR EMPLOYEES. In addition to the foregoing provisions, the Contactor agrees to conform to the following requirements: In connection with the performance of work under this contract, the Contractor agrees not to discriminate against any employee or applicant for employment because of race, sex, religion, color, or natural original. The aforesaid provision shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; lay-off or termination; rates of pay or 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 all contracts hereunder, including contractors or agreements. with labor unions and/or workers, representatives, except sub-contractors for standard commercial supplies or raw materials., 2 IN WITNESS WHEREOF$ the parties to the agreement have hereunto set their hands and seals and have executed this Agreement, in dupli- cate,.the day and year first above written. CITY OF CLEARWATER IN PXNELLAS COIINTY, FLORIDA By: Elizabeth M. Deptula Attest: City Manager Countersigned: By: -- .Rita Garvey, Mayor-Commissioner (Contractor must indicate whether Corporation, Partnership, Company or Individual.) (The person signing shall..in his own handwriting, sign the Principal's name, his own name, and his title; where the person is signing for a Corporation, he must, by Affidavit, show his authority to bind the Corporation). Cynthia E. Goudeau, City Clerk Approved as to form and legal sufficiency: John Carassas Assistant City Attorney (Contractor) By: SE L 3 REQUEST FOR PROPOSAL 01-97 FLEET FUELING SERVICE OCTOBER 28, 1996 PROPOSAL SUBMISSION LIST VOYAGER FLEET FUELING SERVICES, INCORPORATED LARRY MIAZGA ' NATIONAL SALES MANAGER P.O. BOX 790049 HOUSTON, TEXAS 77279-0049 330 BARKER CYPRESS ROAD HOUSTON, TEXAS 77094 PHONE: .800/9874590 BP OIL COMPANY JAMES C. MOODY COMMERCIAL ACCOUNT EXECUTIVE FLEET MARKETING 9040 ROSWELL ROAD, SUITE 500 ATLANTA, GEORGIA 30350 PHONE: 800/308-3894 INTERNATIONAL AUTOMATED ENERGY SYSTEMS, INCORPORATED C.J. HUESTON PRESIDENT 2600 GOLDEN GATE PARKWAY NAPLES, FLORIDA 34105-0032 ADVERTISING WARFIELD'S TAMPA BAY REVIEW OCTOBER 4 AND 18t 1996 TAMPA TRIBUNE OCTOBER 119 1996 REQUEST FOR PROPOSAL TABULATION PROPOSALS SOLICITED: 11 PROPOSALS RECEIVED: 3 NO RESPONSE: 7 "NO-PROPOSAL" RESPONSE: 1 PENDING OPERATION CHANGES: 1 I CIT-Y 'O F C-L. E...A "•R W. 'A ' T F R Posy Omcs Box 4748, CuAmAnN Fwiuc i 346184748' MUMCtPU SEiMCE4 BOWING, 100 Soum Mvmu Avmwr, Crrucvmu? FLosum 34616 llmmotm (813) 562.4630 FAX (813) 5624635... PuRCWM SUBJECT': Request for Proposal 01-97 Fleet Fueling Service ISSUE DATE: October 11, 1996 PREBID CONFERENCE: None MAIL BIDS TO. City of Clearwater Purchasing Division P.O. Box 4748 Clearwater, F1 34618A748 DELIVER BIDS TO: City of Clearwater Purchasing Division 100 South Myrtle Avenue r Clearwater, FL 34616 ! BIDS MUST BE RECEIVED , NOT LATER, THAN: October 28, 1996 - 04:00 P.M. Bids may not be withdrawn + within 90 days after such time and date. ? Vii. , E ;' . ` Aeome6&144.3-- .]EEE.PO, C.P.M. ' Purchasing Manager CITY OF CLEARWATER REQUEST FOR PROPOSALS FLEET FUELING SERVICES 1.0 Purpose This Request for Proposal is designed to solicit proposals for the City of Clearwater (referred to as City) to "privatize" its fleet fueling operations. Proposals are solicited from qualified companies operating multiple fueling stations throughout the City of Clearwater who are capable of providing special fleet-oriented credit-card services for the City's fleet. 2.0 Background 2.1 The City currently purchases fuel from retail fuel vendors and also operates two emergency 24-hour fleet fueling sites servicing approximately 900 City vehicles and 900 personnel from various departments (i.e., Police, Fire, Public Works, Parks and Recreation, Solid Waste, Central Permitting, etc.). 22 The annual fuel usage is approximately: 435,500 gallons of mid-range Unleaded Fuel. 2.3 The City does not use alcohol-blended gasoline in any of its vehicles and prefers to continue its use of pure gasolines without ethanol or methanol blends. 2.4 Computer System: The. City is converting to National Business Control Systems C-6 Version 6.0 (FM-8) Fuel Manager system interfacing with a GEMS software package mounted on a Micro VAX 11 Computer. Computer hardware information: Micro VAX 11 main (mid) frame- 16mg; 2 RA-90 fixed disk drives-1.2 gb each. Software information: GEMS (General Equipment Management System) by Diagonal Data Corporation (phone: 612-831-2500; fax: 612-831-8845). Nation Business Control Systems (Phone 512-835-2273; fax: 512-834-3654) 1 ? ? 1 t 3.0 - General Requirements of Proposals Proposals are requested from companies with suitable and convenient fuel service stations currently using an established fleet-card system within Clearwater's corporate limits. Each proposal should address tha following areas: 3.1 The City operates its own vehicle maintenance facility and preventive maintenance program which is driven by the periodic monitoring of odometer readings. Due to the mileage accrual of some fleet units, frequent data updates are required. Odometer readings are required with each fueling. 3.2 System Interface and Reports 3.2.1 Due to the volume of transactions, transaction data should be capable of direct interface with the City's computerized fuel system data base without the need of manual processing. Reports and other information produced must be furnished in a format acceptable by the City. System compatibility is essential between the City's computerized fuel system and the responder's system. if a direct interface is not pos- sible/practical, feel free to respond with the assumption that manual key entry (from your written reports) will increase the "in house" cost and the bid will be evaluated on that basis. 3.2.2 Monthly summary reports and/or weekly reports must be provided at no additional cost and sorted in a manner acceptable to the City. Proposal submittals shall include a set of sample reports. 3.3 Contingency for Emergency O r?ons Responders should specify how fuel will be supplied during emergency operating conditions (i.e., the onset of a hurricane and/or -other extended periods of commercial electrical power outage, etc.). Specifically, identify those sites that will serve as emergency/contingency fuel supply sites and indicate the City's emergency priority status at for each site. 3.4 The City of Clearwater, Florida, is a local government and, therefore, exempt from federal tax on fuel. Proposals should indicate how this exemption will be handled (e.g., billing at a net tax-exempt price, refund of applicable tax, etc.). 2 3.5 Tha proposed fleet credit system must provide a convenient and reliable method for capturing the following transaction data: gallons of fuel received type of fuel vehicle identification number driver identification (number/name, etc.) transaction date and time odometer reading (whole mileage--no tenths but capability for 100,040+ mile readings) fueling location base price, taxes and extended totals by transaction 3.6 Proposals offered should include some narrative description of typical steps to be followed in the proposed refueling operation. Description should include whether cards are maintained at the fuel site, carried by the driver, kept in each City vehicle, etc. 3.7 Provide information regarding the ability to restrict access to premium unleaded fuel, other purchases, etc. 3.8 Station Detail Information: - Description and number of stations, typical hours of operation in ' the Clearwater geographical area (include a map) region. 3.9 Information regarding the applicable per gallon fuel price. Also include basis of pricing (e.g., pump price less discount, posted price +/-, etc.). Preference will be given to a public (non-proprietary), benchmark pricing basis. 3.10. If applicable, information regarding the cost of providing the fleet card service, either as add-on per gallon or lump sum per month, must be included. 3.11 Provide information on length of time and cost, to replace fuel cards--how quickly a fuel card can be "locked out" after City notification; whether ' notification must in writing, etc. 3.12 Provide information on the payment terms offered including any/various cash discounts, methods of payment, etc. 3 3.13 Provide information as to the periodic billing data, data format, and whether such billing data and formats are flexible to adapt to the City's data system needs. Also provide information on how long the company retains backup detailed transaction data after it is sent to the City. 4.4 Proposal Evaluation Criteria The City of Clearwater will consider overall responsiveness to the issues outlined herein, including but not limited to, cost of service, number of convenient locations to the City's heavily traveled areas, ease of conducting a typical transaction, computer systems interface and reports generated, and anticipated reliability of the service continuity, priority status, accommodation of the City's various types of equipment. See the evaluation matrix at the end of this RFP. It should be understood that the City's final evaluation and award wi11 be based upon "best value," defined as the best overall price of product in vehicle. Therefore, such factors as City employees' increased/decreased time driving to/from fueling locations, total time spent at fueling location, cost (if any) of data upload to the City's (GEMS) computer system (either hardware, software, or clerical time) will be evaluated as well as a variety of other factors not expressed in dollars and cents. The City reserves the right to conduct further meetings with any proposer to seek clarification on RFP items and, if necessary, to negotiate technical or logistical problems in the service offered, if in the best interest of the City. r 5.4 Contract Term 5.1 Based upon satisfactory, service, the term of the contract shall be for a period of one year. The contract may be renewed for two optional one year renewals based upon the same terms and provisions and at the mutual agreement of the responder and the City. 5.2 Proposers agree to enter into a contractual agreement with the City to provide the services outlined in their proposal, as may be clarified and/or further defined in negotiations subsequent to the bid opening. 4 5.3 Cancellation for Cause: Either party may cancel the contract for cause, if the other party fails to abide by the terms and conditions of the contract, and having been notified of such failure by the aggrieved party (registered mail), fails to correct such failure within thirty days of the receipt of said notice. 5.4 Cancellation for Convenience: Either party may opt NOT to renew the contract, by giving 60 days written notice by registered mail, prior to the expiration of the then-current contract term. 6.0 7.0 8.0 9.0 Additional Information: Proposers may and are encouraged to provide any additional information they deem appropriate to explain the scope of the services offered in their proposal. Insurance requirements and hold harmless clause are shown as Attachment "A" and made a part hereof. Calendar of Events: Release date of RFP 10/7/96 Bid Opening Date: 10/28/96 Time: 4:00 PM Place: Purchasing Conference Room 100 South Myrtle Ave. Clearwater Florida 34616 Selection of Top Candidates 10/31/96 Staff Recommendation due date 11/21/96 City Commission Action 11/21/96 . Contract initiation 12/1/96 Project completion: One year with two optional one year renewals Communication of RFP Addenda: Any addenda will be communicated by Faciailic (if number is provided) or by Certified Mail. Any questions should be addressed to George McKibben, Purchasing Manager - City of Clearwater Facunilie number (813) 562--4635. Responses will be in writing. 5 ..L .:.?h rk{ii"Yfn' ............ .. .. .. ..... > yw•f r.. ?a?.•-.N r. .. .n? f .. j' City of Clearwater General Services Department FLEET FUELING SERVICE RFP (Score Sheet) 1014196 G %DATA%9XCELVZCLZELXFUELRFF XL5PKIM f' Weight Rating Score Cr?terla 1 ? Y1Lx.m Com_monta Cost of Service Number/Convenience Of Locations Ease of conducting Transactions Computer System Interface Reports Generated Anticipated reliability of Service continuity Priority Status Accommodation of City's Various types of Equipment 4 3 3 4 2 2 2 3 Crilaria Weighting, 4 = Exceptionally Important 3 = Very Important 2 = Important ?1 = Minimally Important griteria Ealing 5= Excellent 4 = Very Good 3 = Good 2= Adequate 1 = Marginally Acceptable 0 = Unacceptable 6 I w? a CITY OF CLEARWATER- k 51snoRld .:.?., osr Trice Box 4748, mA wtra, Lox DA 34618-474$ MuNia?AL SPRmcrs BwmiNG, 100 SO= Mmw Av6NuE, CtE FtvAM PuoruoA 34616 } 6 TELEPHONE (813) 5624630 FAx (813) 5624635 4-.r_""AAP Any actual or prospective bidder who is sggrkved In connection with the solkilation or award pLMCHAMNOOf a contract may seek resolution ofbWher complaints by contacting the Purchasing Manager. 2. Ng-C orrection once a competitive proposal Is submitted, the City shall not accept any request by any proposer to correct erron or omissions In any calculalioas or competitive price submitted. 3. 021nness of P_rocursment Pr ct Written competitive proposals, other submissions, correspondence, and all records made thereof, as well as negotiations conducted pursuant to this RFP, shall be handled to compliance with Chapters 114 and 286 Florida Statute& The City gives no assurance as to the confidentiality of any portion of any proposal once submitted. 4. No CoPusioq By offering a submission to the RFP, the proposer certifies the proposer has not divulged to, discussed or compared bislher competitive proposal with other proposers and has not colluded with any other proposrra or partks to this competitive proposal whatsoever. of at a JRe of B The City reserves the right to reject any or all responses and to waive any Irregularity, variance or informality whether tecbnical'or substantial In nature, In keeping with the best interests of the city. 6. Approgria tio n Tits City, as as entity of government, Is subject to the appropriation of funds by its leghtsOve body In an amount sufticlent to tallow continuation of Its performance In accordance with the terms and conditions of this contract for each and every fiscal year following the fiscal year in which this contract shall remain in effect. Upon notice that sufficient [lends are not available In the subsequent Ilsral years, the City shall thereafter be released of all terms and other conditions. Revised 7105M t. Sk?R? ?Qy? i'fA ?c?o? n's q Clearwater City Commission Agenda Cover Memorandum Item # Meeting Date: SUBJECT: contract for Tire Service, Repair and Replacement c o 0 0 : Renew the contract with Stringer Tire Company, Inc., Tampa, FL, for an additional year (1/1/97 through 12/31/97) for the purchase of tire service, repair and replacement at an estimated cost not to exceed $250,000.00, ® and that the appropriate officials be authorized to execute same. SUMMARY: 1 The City requires tire service, repair, and replacement for its fleet operations. ? This contract also includes the services of one, or if necessary two, tire technicians with vehicles and road-service equipment. ? stringer Tire company has provided professional, pro-active service to the city this past year. ? This award does not preclude the City's ablity to purchase tires outside of this contract. ? Fiscal year impact for 1996/97 is estimated at $187,500.00; sufficient funding has been included in budget code 566-06611-550700-519-0001 Fleet Maintenance operations /Tires, for this contract which has an approved budget of $250,000.00 for fiscal year 1996/97. Funding of $62,500 for the following year will be included in the City Manager's FY 1997/98 recommended budget. Reviewd by: Oripinetine Dept: Costs: ,_5250,000.00 Commission Action. Legal General Services Total ? Approved Budget i $187.500.00 ? Approved w/conditions Purchas ng Risk Mtgmt. w1A " ' Current Fiscal Yr. 13 Denied NSA Cis .. User Deg t: 13 Continued to: _, ,, MIA Tf3a ? Various Funding Source: L other? 0 Capital imp. Advertised. ® operating Attachments: Date: 13 other Contract Not Required d ?51koittod Jw: Parties Affecte 0 Notified Appropriation code: 13 Not Required 566-06611-550700-519-000 Li ana er fry Printed on recycled paper This CONTRACT made and entered into this day of 19 , by and between the City of Clearwater, Florida, a municipal corporation, hereinafter designated as "City" and stringer Tire Company, Inc., of the City of Tampa, County of Hillsborough, and state of Florida, hereinafter designated as "Contractor." WITNESSETH: That the parties to this contract each in consideration 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 to the Contractor, shall and will at its own cost and expense perform all labor, furnish all materials, tools and equipment as detailed in: Bid No. 22-96 - Tire services In accordance with the City's attached technical specifications and the Contractor's bid response, together with any instructions to bidders, general conditions, and proposal, which may be hereto attached, are hereby made a part of this contract, and all of said work to be performed 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 shall fail to comply with any of the terms, conditions, provisions or stipulations as contained herein within the time specified for completion of the work to be performed by the contractor, then the City may, at its option, avail itself of 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 CONTRACTOR AND HIS OR ITS SUCCESSORS AND ASSIGNS DOES HEREBY AGREE TO ASSUME THE DEFENSE OF ANY LEGAL ACTION WHICH MAY BE BROUGHT AGAINST THE CITY AS A RESULT OF THE CONTRACTOR'S ACTIVITIES ARISING OUT OF THIS CONTRACT, AND FURTHERMORE, IN CONSIDERATION OF THE TER148, STIPULATIONS AND CONDITIONS AS CONTAINED HEREIN, AGREES TO HOLD THE CITY FREE AND HARMLESS FROM ANY AND ALL CLAIMS FOR DAMAGES, COSTS OR SUITS, JUDGMENTS OR DECREES RESULTING FROM ANY CLAIMS MADE UNDER THIS CONTRACT AGAINST THE CITY OR THE CONTRACTOR OR THE CONTRACTOR'S SUB-CONTRACTORS, AGENTS, SERVANTS OR EMPLOYEES RESULTING FROM ACTIVITIES BY THE AFOREMENTIONED CONTRACTOR, SUB- CONTRACTOR, AGENTS, SERVANTS OR EMPLOYEES. In addition to the foregoing provisions, the Contractor agrees to conform to the following requirements: In connection with the performance of work under this contract, the Contractor agrees not to discriminate against any employee or applicant for employment because of race, sex, religion, color, or natural original. The aforesaid provision shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; lay-off or termination; rates of pay or 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 all contracts hereunder, including contractors or agreements with labor unions and/or workers' representatives, except sub- contractors for standard commercial.supplies or raw materials. It is mutually agreed between the parties hereto that time is of the essence of this contract, and in the event that the work to be performed 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 $25.00 per event for each service call that the work to-be performed by the contractor remains incomplete beyond the time limit specified herein, which sum of $25.00 per event 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 perform all work within the time period as specified in this contract. 11.1 2 ..¦ 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 By: Elizabeth N. Deptula City Manager Countersigned: By: Rita Garvey, Mayor-Commissioner Attest:. Cynthia E. Goudeau, City Clerk Approved as to form and legal sufficiency: Paul Richard Hull Assistant City Attorney (Contractor must indicate whether Corporation,. Partnership, Company -ox Individual.)' r' (The person signing shall, in his own handwriting, sign the Principal's name, his own name, and'his title; where the person is signing for a corporation, he must, by Affidavit, show his authority to bind the Corporation). (Contractor) By: SEAL 3 , TIRE BID BID RESPONSE FORM CONTRACT FOR ONE (1) YEAR FROM DATE OF AWARD WITH OPTION TO RENEW, BY MUTUAL CONSENT, PER ATTACHED SPECIFICATIONS: Total Estimated Cost: SSG' _el'71, Z S? Payment Terms; jgL,Is 1;;.!, _1 O T11 21m" Contact Vern Bales, Fleet Administrator, Fleet h1aintenance Division, General Services Department, City of Clearwater (813) 462-6833, with questions regarding specifications. BIDDER REPRESENTATION I represent that this bid is submitted in compliance with all terms, conditions, and specifications of the Invitation for Bid and that I am authorized by the owners/principals to execute and submit this bid on behalf' of the business identified below. BUSINESS NAME ST111Hcr:n Tzrr, COMPANY FEDERAL TAX IDENTIFICATION 59--292--7766 2602 43RD STREM NORTH STREET ADDRESS - CITY, STATE, ZIP CODE TAMPA, FL. 33602 PRINTITYPE NAME OF. AUTHORIZED REPRESENTATIVE ttzcttnRU trnI?rnr.Er, SIGNATURE OF AUTHORIZED '41 Xel REPRESENTATIVE F DATE SUBMITTED NOVErIBER 12# 1225 ,TELEPHONE (313) 6 6 4 --1 19 2 P SUMMARY FOR BID 22-96 Jv BIDS SOLICITED . . . . . . . . 10 BIDS RECEIVED . . . . . . . . . 5 NO RESPONSE . . . . . . . . . . 2 "NO BID" RESPONSE 3 SUMMARY OF NO BID INSUFFICIENT TIME TO RESPOND DO NOT OFFER SERVICE/PRODUCT r;. ,r . i S i 1 2 b CITY OF CULUMTXR TIRE any C= ' am 22-91 OPaNEO XOVZIW313t 17, 1905 aID Tu DON OLSON TIRE i AUTO STRINGER TIRE CLRARWATER. FLORIDA- TAMPA, FLORIDA ITEM UNIT TOTAL UNIT TOTAL NO, DESCRI 01LANTITY ?0, COST COST - ANNUAL 210,045.00 . ...... 203,971.95 ' 1. TIRE SERVICE WITH NEH 1, RECAPS .... . ............ - PER DAY (MONDAY - FRIDAY) 729.50 203.50 - PER REPAIR CALL - (WKND/HOLIDAYS) 35.00 35.00 2. TIRE SERVICE WITH NEW TIRES ONLY - PER DAY {MONDAY - FRIDAY) 255.00 203.50 - PER REPAIR CALL - (WKND/HOLIDAYS) 35.00 35.00 3. TIRE SERVICE WITH RECAPS ONLY - PER DAY IMONDAY - FRIDAY) 255.00 250.00 - PER REPAIR CALL - IWNND/HOLIDAYS) 35.00 35.00 4. TIRE SERVICE - NO TIRES PURCHASED - PER DAY (MONDAY - FRIDAY) 298.00 300.00 - PER REPAIR CALL - (WOAD/HOLIDAYS) 45.00 45.00 5. NEW TIRE PRICE LIST ENCLOSED? YES YES 6. RECAPPED TIRE PRICE LISP ENCLOSED? YES YES 7. ADD-ON t FOR OUTSIDE PROCUREMENT 12 t 12 t TYPE TIRE$ QUANTITY NEW 1. 13/8OR20 HIW1Y. 16 PLY 25 358.74 8,968.50 291.36 7,284.00 2. 14/80820 HIWAY. 18 PLY 100 331.03 33,103.00 307.37 30,732.00 3. 215/85816 HIWAY, 6 PLY 100 63.99 6,399.00 70.33 7,033.00 4. 22S/70R15 PURSUIT RATED, 6 PLY 300 49.65 14,695.00 46.75 14,025.00 5. 11822.5 HIWAY, 16 PLY 75 232.50 17,437.50 229.40 17,205.00 6. 12R22.5 HIWAY, 16 PLY 25 234.50 55661.50 231.89 5,797.25 SUB TOTAL 86,665.50 ..... 62,016.25 . TIRE DISPOSAL FEE .. ..... 2,150.00 .... ....... 1,025.00 ............ ............ ' GRAND TOTAL 86,815.50 .......... 83,101.25 ..... r RECAPPED . . .....w 1. 1iR225, HWY, 16 PLY, 1$/32 375 88.30 33,112.50 92.56 34,710.00 2. 12R225,HWY, 16 PLY, 16//32 75 96.18 7,213.50 100.18 7,513.50 3. 255/70R225,'HWY, 16 PLY, 16/32 75 66.39 6,479.1$ 86.60 6,495.00 4. 1340810 STEERING, 18 PLY, 20/32 25 105.26 2,631.50 112.15 2,803.75 5'. 1460820 STEERING, 18 PLY, 20/32 75 115.50 8.661.50 114.97 8,622.75 SUB TOTAL 56,099.25 ..... 60,145.00 . TIRE DISPOSAL FEE ..... .. 3,750,00 .........r.. ... ........ 1,025.00 .r........ . ESTIMATED COST OF CASING REPAIR 2,320.00 ....r....... . 7,200.00 .... GRAND TOTAL • 64,169.25 .......r.... ft....... 68,370.00 .... ...rww.r START DATBt IMKEDIATE JAN 1, 1996 TERMSs NET IOTH NET 10TH F PRIDZ Of FLORIDA, CLLARRMMR, PLORI27? OOODYEAR TIRE i RDESMt TREADCO, INCORPORATED WIT MI1tATIM UNIT 89TIMATED UNIT ESTIMATED TOTAL COST TOTAL TOTAL .......rrra. 234,711.00 w........... 107,006.15 .....rr.a.ww 306.00 NO BID 54.00/74.00 NO BID ' 306.00 NO BID 54.00/74.00 NO BID 306.00 180.00 54.00/74.00 25.00 NO BID NO BID NO DID NO BID YES NO YES YES YES 10 ! 30 t 0.00 a .arrr... ..r..arrr... 0.00 SS.54 32,077.50 88.47 6,665.25 •!, 62.92 4,719,00 84.75 1,118.75 86.00 6,4E0,00 52,030.50 ' ...t ............ 250.00 . ' ...... ..... 670.00 ... ..... .... 52,950.50 l 319.86 7,996.50 NO BID 363.22 36,322.00 NO BID 67.88 6,786.00 NO BID 48.05 14,415.00 NO BID 194.24 14,560.00 NO BID 207.76 5.181.50 NO BID 65,271.00 0.00 .........a.. 7,500.00 ............ N/A .. . ar rw.. uaa.. 87,771.00 .rwaw. u... ' .... ...a. NIA .....r...... 88.50 33,187.50 81.75 30,656.15 94.00 7,050.00 83.50 6,262.50 82.50 6,187.50 76.30 5,722.50 110.50 2,762.50 120.60 31015.00 113.50 8.517.50 122.00 2150.00_ 57,700.00 r .... 54,806.25 .w.......... . r..... 2,500.00 .... .. 300.00 ............ ...... 2,500.00. r. rrr.... 2,475.00 ............ .a. 62,700.00 ...........w 57,581.25 ............ NOT 67ATED 1 DAYS NET LOTH N= 30 a ! i i I i i 7 1 i 3 3 F I K r i t S 2 i F 1 k j1 GS 5 FROM : 'FLIEr Mfg I NT k-I,, al 001098 NOV. 14. 19% 1:34PM P 1 PHONE NO. : 813 462 6457 CITY OF CLEARWATER Interdepartment Correspondence TD: William O. Baird, Anting Assistant City Manager FROM: James Jerkins, Engineer I, Building and Maintenance COPIES: James D. Wood, Building and Maintenance Superintendent SUWEM Bid for Replacement of A/C System at City Hall DATE: November 14, 1996 We have been advised by Inter-Ba.y Services, Inc., the low bidder for the air conditioning AUFAdUPLUPUL At %AL,/ AAaL4 U14L Lila) 164"Ut raceLVG Ulu 04LUPLUVILL t3you'LUQU 1U LUOiL uiU iU __... 3.. ! _I at _.t...« ?. ,. a__ •t--- a----- t--'2 /M. L L UL' L1111G uLai11G 1CL L11LGU? tuGy 1lav iLL1fISOU LUM WVY i,:ul bUUbULULG L11C CgLL1,PJUC.UL, UUL Will be unable to stay within the bid amount. lberefore, they have refused to sign the contract for this project. They have requested a meeting to discuss these problems, however they cannot have the meeting before llianday, November 18, 1996. We must have a signed contract prior to the 18th in order to make the next commission meeting with this agenda item. 1-;. . As per your instructions, we have contacted the next low bidder, Superior Mechanical Systems., Superior has advised that they will need to substitute the equipment originally bid, however they will not require or request a change in the bid price. The substitution of equipment will be from Carrier equipment to Trane equipment, but remains with the scope of the original specifications. Based an the above it is our recommendation that the bid go to Superior Mechanical Systems for the replacement of the air conditioning system at City Hall, We will get a signed contract from them, make the necessary changes to the agenda item and deliver all to you this afternoon. I Item a Clearwater City Commission Meeting Date: Agenda Cover Memorandum SUBJECT: Replacement of Air Conditioning Equipment at City Hall RECOMMENDATION/MOTION: Award a contract to Superior Mechanical Systems, Inc., Clearwater, Florida for the replacement of the air conditioning equipment at City Hall, 112 S. Osceola Avenue, at a cast of $204,900.00, which is the most responsive and responsible bid that meets the requirements and time frame in accordance with bid specifications; 0 and that the appropriate officials be authorized to execute sane. BACRaROUNDt ? Bids were solicited in October, 1996 for the replacement of the air conditioning equipment and associated electrical, piping and duct connections to provide an operating HVAC system at City Hall. ? Installation will include one (1) 100 ton dual circuit chiller, two (2) air handling units, two (2) circulating pumps, electrical load center and all necessary components and controls required to operate the new equipment. ? The installation will not include any changes to the duct system or controls in any portion of the building except the penthouse. The new equipment installation is intended to provide a three to five year fix for the existing system. ? The new air handlers may need to be modified if a new air distribution and control system is designed and installed if the decision is made to extend the life of the building past the three to five year period. ? Superior Mechanical Systems was the second lowest bidder for this roject. Inter-Bay Services, Inc. was the low bid, however, they could not delver the specified equipment within the required time frame as per the specifications. ? Funding for this contract will be provided by a first quarter budget amendment providing for the transfer of $204 900,00 from the capital Improvement Project 315•-94510, Air Conditioning Replacement - City Wide to project 315-94605, City Hall Renovation. Reviewed try: Originating Dept: Cost $2" 900.00 Coamission Action: Budget Stet eneral cue Total Q Approved Purchasing 5204 400 09 13 Approved w/conditions Risk Hgmt. 97A Dot: . . Current Fiscal Yr. 13 Dented cis N/A City Hall ? Continued to: ACH Funding Source: Other ® Capital imp. Advertised: ? Operating Attadvaenta: Date: 11/1/46, 10/23 & 25/96 i] Other Paper:warfield's Tampa Bay Review and Tampa Tribune 0 Not Required 13 None sut=1tted by: Affected Parties Appropriation Code: f ® Notified 315--94605 Ci ana er 13 Not Required 0 Printed on recycled paper k4 Uj S S G" d}d }"' N N N N N W Z ' CA p S p S z", i .?, R to F' F ? !P n Z V . N N Z H N WO SS O S O 2 a § c 0 i5 9 p :f co n N n ? rn o ca . . . N N N N N .Z ry` ? ¢ w S S S S L? i N N N Li ca N L3 a it a ' o ? n V 0 0 so i p p O M cr !: ? Y1 N N N Z } p v S s S x D QD a ` t.: Y o w a ~? IL Y wn m Z Z J dl f]" Z N N N Z w Y N Y N d C c ?i LL O? ?I Us S e a C to Z F an C O N ? z ~ 2 z F Ho o ??j? Cy3 a U a Q . ? ]InM ? I Y N f? 'p 0 w m r- c h a• h M •! •' n C, co o A • GO LL O z o ?o N N ui ZO :3 CL f U) d 000 8$ a mEli zx ?i I k i E t E I ?i O t? 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N 24 r4 O C o to u 41 u c m a 41 N b0 00 N (D N 0 lw r 03 p 0 b , -i •-a r -i N ? do 0 H U ? ro u u _ N CA b P• N 4) O N [d 0) 11 P4 10 a) E-+ w r4 w r4 4.1 d of 4 4 1i y •? U) 41 C34 .d a 3 y 0 ° p, 1 + 4.1 G 41 R. iJ rn r-I +i O •+ I •ri 41 r-I n 41 . 04 41 934 .,4 ?4 N V r- I U U P4 Cd am I I I G} Id > 41 d) O O 0 0 14 1 H N ON ON 0 ctl •d W W cd I w !>+ 41 H u 4.1 Id • N Cd N N IN C I C 1 cd to Oo P 4J A M . q 49 IA 41 b 41 0 0 44 i s CITY OF CLEARWATER GENERAL SERVICES DEPARTMENT ..BUILDING AND MAINTENANCE DIVISION ,FSPECIFICATIONS FOR AIR CONDITIONING EQUIPMENT Z.' LOCATED AT CLEARWATER'S CITY HALL ;r j OCTOBER 21, 1996 1 SPECIFICATIONS FOR THE RNPLACXXXVT OF THE AIR CONDITIONING EQIIIPKMT LOCATED AT CLMMWATER I S CITY HALL 1.01 DESCRIPTION OF WORK A. The specifications herein are intended to be used as a general guide for the air conditioning contractor. It is the responsibility of the contractor by conducting a job- site inspection to determine the extent of the work to be done and the working conditions. It is the intent gZ regulations. Recommendations or changes to the scope of work must be discussed with the Building and Maintenance Superintendent before bids are submitted. B. In general, the work consists of but is not limited to the replacement of the following: 1. Remove existing chillers and air handling unit and two mixing boxes located in the penthouse. 2. Install a new 100 ton dual circuit, air cooled chiller. 3. Install two new constant volume air handling units and two mixing boxes (penthouse). 4. Install two hot water coils in the duct work between the new air handling units and the existing hot air distribution ducts. 5. Install new chilled water pump and back up pump. 6. Install controls for the operation of the new equipment. 7. Install duct work to connect the new air handlers to the existing duct system starting at the chases. 8. Install all necessary piping and valves to connect the chiller and air handlers. . f 9. Install all necessary insulation on piping and duct work. 10. Install new electrical load center, circuits and disconnects for the new equipment. k i 1 11. Provide all necessary drawings, documents and engineering for permitting procedures. C. Bid responses are to be divided into the following categories: 1. Equipment cost for the chiller and two air handlers. The city reserves the right to purchase the equipment separate from the installation. This may be done for possible sales tax savings and/or for the city to perform all or part of the installation with its own staff. 2. Installation and other associated costs. 3. Alternate and upgrade suggestions. Each of these items are to be presented as a separate line item. D. A mandatory pre-bid conference will be held at City Hall, 112 S Osceola Avenue, at 10:00 am on October 28, 1996. Bidders are to meet in the Lobby of City Hall. E. Work is to commence on January 13, 1997 and must be completed and the hvac system operational by March 17, 1997. A penalty of $250.00 per day will be charged to the contractor for each and every day the system is not operational after March 17, 1997. Requests for additional time to complete the specified work due to delays beyond the contractors control must be submitted to the Building and Maintenance Superintendent, in writing, for approval within 48 hours of the delay. 1.02 RELATED WORK A. All cutting, drilling, and removal of existing equipment shall be done by the air conditioning contractor. Patching and repair of the penthouse required after installation will be the responsibility of the City. B. obtaining all applicable permits and inspections shall be the responsibility of the air conditioning contractor. The fees for City of Clearwater building permits will be waived. 2 1.03 BUBUITTAL DATA Submit copies of equipment brochures, technical data, and/or shop drawings to the City of Clearwater for approval of the following prior to bidding: A. 100 ton Chiller B. Air Handling Units Submit copies of equipment brochures, technical data, and/or shop drawings to the City of Clearwater for approval of the following prior to installation: A. Piping and accessories B. Pumps C. Electrical components D. Controls E. Insulation F. Duct work G. Mixing Boxes 1.04 COORDINATION---The air conditioning contractor shall coordinate his work with the Building and Maintenance Superintendent as to 'cause minimal disturbance and conflict with other work being done in the building. 1.05 MAINTENANCE AND INSTRUCTION MANMS--The air conditioning contractor shall furnish to the Building and Maintenance Superintendent two (2) complete sets of operating and maintenance data covering all new equipment; also include a copy of the "as built" control diagram. 1.0d WARRANTIES A. Furnish to the City a one (1) year warranty on all new equipment, material, and workmanship. B. Furnish an additional five (5) year warranty on the chiller compressors. 2.01 AIR COOLED CHILLER A. The unit shall be Trane, carrier or an approved equal. Chillers other than Trane or Carrier must be approved in writing by the Building and Maintenance Superintendent Before 3ids are submitted. 3 B. The chiller #hall have a minimum capacity of 100 tons at 95°F ambient temperature, 45'F leaving water temperature and 559F entering water temperature. C. The chiller shall have a minimum of two (2) completely independent refrigerant circuits. Each refrigerant circuit shall have the following components; 1. Suction and discharge service valve. 2. Liquid line shut off valve. 3. Removable core filter drier. 4. Liquid line sight glass with moisture indicator. 5. Electronic expansion valve. D. Chiller is to have the following safeties: 1. Low refrigerant charge protection. 2. Low water flow protection. 3. Low chill water temperature protection. 4. Low oil protection. 5. Low voltage protection. 6. Thermal overload. 7. Pressure overload. 8. Electrical overload (3 leg). 9. Chiller freeze-up protection. 10. Low ambient control It 2.02 AIR HANDLING UNITE A. The units shall be manufactured by the same make as the new chiller: B. The air handlers are to be of the modular type with double wall construction. Any air handler not installed in the penthouse must be weather proofed and gasketed for exterior applications and contain stainless steel drain pans. C. Each air handler shall be sized using the capacities listed bellow; 1. 16,920 cfm (2,000 cfm outside air). 2. 579,222 btu/hr total (458,860 btu/hr sensible). 3. Entering air 81.50F dry bulb / 65.70F wet bulb Desired leaving air 550F dry bulb Entering water 450F Leaving water temperature 55°F 4 I,' r d 2.03 CONTROLS A. The chiller 'and air handlers are to have stand alone microprocessor based controllers to provide a complete operating system. Space temperature controls and mixing boxes are to remain as they are with the exception of the mixing boxes in the penthouse that are to be replaced. 3.01 DUCT WORK A. Duct work is to be limited to connection of the new air handlers to the existing distribution system, required fire dampers and supplying outside air. B. New duct work is to be exterior wrapped metal duct, complying with SMACNA standards and applicable codes. 3.02 INSULATION A. All water lines, pump bodies, valve bodies, etc. in the chill water circuit shall be insulated with a minimum of 2" wall foam glass insulation. B. All outside insulation shall be weatherproof and have aluminum jackets. C. All condensate lines to be insulated with 1/2" wall loam plastic. 3.03 PIPING A. All new chilled water piping shall be Schedule 40, seamless black steel. B. Piping shall have isolation valves and flex connection on each system component. C. Inlet and outlet thermometers are to be supplied for each air handler and the chiller. D. Pressure gauges are to be supplied at the inlet and outlet of each chilled water pump and air handler. E. Provide a chemical feed pot for water treatment. F. All drain lines to be copper and include clean-outs. 5 3.04 Electrical A. New electrical components (panels, breakers, disconnects, etc.) other than G.E. or square D must be submitted for approval before installation. B. Only copper conductors are to be used. JL' k t .; F :'r t ' 3.05 NOIBS AND VIBRATION--Equipment shall operate quietly and the supports shall be such that the operation of the equipment shall cause no perceptive vibration in the flooring, walls, or ceiling adjacent to the equipment nor cause, either directly or indirectly, vibration or objectionable noise in any other portion of the building or the structure. Vibration isolators are required on the chiller and air handling units. 4.01'CITY CONTACTS A. Technical questions-- Building and Maintenance Division 462-6610. B: Bid Information---Purchasing 462-6860. L 6 3 f CITY HALL AIR CONDITIONING REPLACMENT BID COAT SH$ST E COMPONENT COST Chiller and Air Handlers Installation TOTAL f f ALTERNATIVES AND UPGRADES COST 1)- 2) 3 4) 5 6 9 14 TOTAL Mfr b?, r f i 1 i f Clearwater City Commission Agenda Cover Memorandum I ('00 Item # Meeting Date: cr;? fII111Yl?1II111Y1?11?4??1 ¦?IIII III?IIIY I IIIII I??II IIYIIr?I?YIII.IYI.??1?1111111111?? I -_?II.I? I?Y??91 SUBJECT: Agreement with the Clearwater Housing Authority RECOMMENDATION/MOTION: Approve an agreement with the Clearwater Housing Authority to provide police services and a computer learning lab with part-time tutor to Homer Villas for a period of twenty-four months in exchange for $186,237 in federal grant funding and an additional $20,000 provided by the Clearwater Housing Authority, and approve related city expenditures totalling $44,957, ® and that the appropriate officials be authorized to execute same. BACKGROUND: • The Police Department has worked closely with the Clearwater Housing Authority to obtain funding through the Public and Indian Housing Drug Elimination Program of the U. S. Department of Housing and Urban Development. As a result, the Clearwater Housing Authority has been awarded a grant in the amount of $186,237 to contract with the Clearwater Police Department to provide police services and a computer learning lab with part-time tutor to the Homer Villas Apartments for a period of twenty-four months. o This grant provides for the purchase of hardware and software for a computer learning lab with two work stations and for the staffing of a part-time tutor for this lab. Funds allotted for the hardware and software total $15,247 while funds for staffing total $26,000. • This grant further provides funding in the amount of $134,340 for salaries and fringe benefits for two police positions plus $10,350 for 2 laptop computers and a fax machine for the community policing substation. • The Clearwater Housing Authority will provide space for the computer learning lab at the Homer Villas Apartments, as well as an additional $20,000 in funding to offset a portion of the additional costs the City will incur with the two police positions. Revic4&cd by Legal 1 ipinat ng Dept: . Costs: S 44.957 - Total Cosmission Action: ? Approved Budget i h 4 EE S x ? Approved w/carxiitions Purc as ng Rick Mgmt. NIA r Dept ?-`---.. Current fiscal Yr. D Denied Cis ACH - Funding Source: 13 Continued to: other ? Capital top. Advertised: C] Operating Attachments: Data: Pa er: X other Agreement and Grant Award Letter to Clearwater Housing p ui t Re ed © N Authority q o r submitted by: Affocted Parties ? App ropriation Code: ea "117 Notified 181.99382 ? Hone 0 Not Required Cit ana a 0 Printed on recycled paper 2 .i • The community police will operate out of the King's Highway substation which has additional space available. In this way, two other Clearwater Housing Authority compexes will also benefit from the additional community policing presence in the area -- 5abal Walk and Willow Brooke. Two existing officers who are assigned to the King's Highway area are now reporting to the sergeant at North Greenwood Neighborhood Patrol. These two officers will be placed under the supervision of the sergeant at Homer Villas, thereby increasing supervision effectiveness at a closer location. • The additional costs not funded by the grant include one police cruiser fully outfitted ($31,234), two police radios ((@$2,750 each for a total of $5,500), two sets of uniforms ($3,082) and two weapons ($960), and supplemental salary and fringe expenses to allow one of the positions to be upgraded to sergeant ($24,181). These additional costs total $64,957. As stated previously, the Clearwater Housing Authority will contribute $20,000 in the first year in addition to the grant funding from HUD; therefore the costs to the City for the establishment and implementation of a community policing substation with computer learning lab at Homer Villas over a twenty-four month period will be $44,957 ($32,866 in the first annual period, and $12,091 in the second). The City's costs will be funded by the department's contraband forfeiture funds. • The funding for the additional costs will be provided by a first quarter budget transfer of $44,957 from project 181-99331, Law Enforcement Trust Fund, to project 181-99382, HUD Drug Elimination Grant/Homer Villas. • The police positions acquired as a result of this agreement will not be retained after the conclusion of the agreement. The positions will be phased out on the basis of attrition from the department's authorized strength. M I., U.B. Department of Housing and Urban DavrIapment ??yENT? Jacksonville Area Office I * N Office of Public Housing 0 301 West Bay Street, Suite 2200 03 ?N !g? °noYVE Jacksonville, Florida 92202.6121 4SPEMC C= ry Me. Deborah Vincent Executive Director Clearwater Housing Authority P. O. Box 960 w Clearwater, FL 34617- Dear Ms. Vincent: C71 The Department of Housing and Urban Development is pleased to inform you that the Clearwater Housing Authority has been selected for a FY 1996 Public and Indian Housing Drug Elimination grant in the amount of $186,237 and assigned project number FL29DEP0750196. A copy of this document reserves and obligates Federal funds for your approved Public and Indian Housing Drug Elimination Program (PHDEP). No Federal funds will be disbursed until the grant agreement has been executed by this office. It is very important that you expedite the grant agreement process. Please be advised that by accepting this award, you assume certain administrative and financial responsibilities including timely•submiesion of all financial and programmatic reports, resolution of all interim PSDEP audit findings, and consent to on-site reviews. The grantee must comply with procurement policies set forth in 24 CFR part 85.36 to implement all activities within this grant. Should you not adhere to these responsibilities, you will be in violation of the terms of this award and the project will be subject to termination or other administrative action. My staff will contact you in the near future with specific details regarding negotiation of the grant agreement and special conditions. The award will be reallocated if you fail to return the signed grant agreement as directed. The Department congratulates the Clearwater Housing Authority on being selected to participate in this exciting and worthwhile program. If you have questions pertaining to this award, please feel free to contact me. Very sincerely yours, . Turner, P.E. Director Office of Public Housing, 4HPH AGREEMENT BY AND BETWEEN THE CLEARWATER HOUSING AUTHORITY AND THE CITY OF CLEARWATER This Agreenent made and entered into this . day of , 19?, by and between the Clearwater Housing Authority (hereinafter referred to as "the Authority"), and the City of Clearwater (hereinafter referred to as "the City") is for the provision of specific police services associated with the Authority's security programs. Whereas, the Authority has received a grant from the U. S. Department of Housing and Urban Development for the purpose of funding drug prevention and law enforcement programs at Lewis Homer Villas in Clearwater; and Whereas, the grant requires the Authority to provide a computer lab and two law enforcement positions; and Whereas, the Authority desires to contract with the City for additional police services to create a drug- and crime-free environment and to provide for the safety and protection of the residents in Lewis Homer Villas and to establish a computer learning lab in Lewis Homer Villas; and Whereas, the City, by and through its police department, desires to assist in the effort by providing effective police services and the computer learning lab at the above named complex; Now, therefore, in consideration of the agreements contained herein, the parties do agree as follows: ARTICLE I. SCOPE OF SERVICES SECTION ONE: SERVICES PROVIDED BY 1HE MY The City agues that the services rendered by the assigned personnel under this Agreement are in addition to baseline police services. The duties and extent of services of the assigned personnel shall include, but shall not be limited to: A. The City, by and through its police department, will provide a minimum of 2 police officers to perform specialized patrols to enforce all state and local laws and the Housing Authority rules specified in this Agreement. Sworn officers shall at all times remain part of, subject to and in direct relationship with the police department's chairs of command and under police department rules, regulations and standard operating procedures. B. The City agrees to assign police officers to targeted areas (directed patrol) during specific periods of time identified by the Authority and agreed upon by the City as high crime or high Page 1 workload periods, such as 6 p.m. to 2 a.m. in certain areas, to maintain a police patrol presence. It is understood by all parties that the officers assigned under this Agreement have general law enforcement authority within the City, and the City reserves the right to dispatch or otherwise assign these officers to calls for service or other short-term details outside the target areas in circumstances that require immediate police action, or to temporarily adjust schedules as needed for special events, catastrophic events, etc. C. The City agrees that the police department will employ a community policing concept that will assist in developing or enhancing crime prevention programs in the public housing communities. D. The City agrees to collect and provide officer workload data in one public housing development. E. It is further agreed that to the extent necessary, the assigned personnel will appear as witnesses in the Authority's administrative grievance procedure, civil dispossessory hearings or other civil or court proceedings where the issue includes criminal or quasi-criminal conduct in or near public housing developments involving any resident, member of a resident's household, or any guests or guests of a resident or household member. F. Without limiting any of the foregoing, the City agrees that with respect to the services to be perforated by any police personnel in accordance with this Agreement, the appropriate police department Patrol Commander or Supervisor will meet with resident leadership and management representatives of the Authority on a routine basis for the purposes of reviewing the enforcement and prevention efforts and planning for future changes or, modifications anticipated by this Agreement. These meetings shall occur at least quarterly. G. The City agrees that a policy manual exists to regulate police officers' conduct and activities; all police officers have been provided a copy of the policy manual; the department has a signed receipt from each officer that he/she has received and understands the contents of the manual; and personnel have been trained on the regulations and orders within the manual. H. The City agrees that it will provide the assigned personnel with such basic equipment as may be necessary and reasonable in order to allow the police officers to carry out the duties anticipated under this Agreement. I. The police department shall designate a supervisory officer as the Administrative Liaison Officer, who will work in concert with the Executive Director of the Authority or that official's designate. The Administrative Liaison Officer will perform the following duties: 1. Coordinate the dissemination and processing of police and security reports, provide supervisory assistance and coordinate in resolving problems or in carrying out the provisions of this Agreement; Page 2 2. Establish and maintain an ongoing line of communication with other police personnel; 3. Prepare quarterly progress reports and evaluations of services requested and provided under this Agreement for review by the Executive Director, by the Police Chief, by the appropriate Deputy Chiefs, Commanders and identified community representatives, and by political leadership, e.g. mayor and city commissioners; 4. Provide assistance or advice for the planning and implementation of other grant-funded security programs within the Authority. J. The City will at all times provide supervision, control and direction of work activities and assignments of police personnel, including disciplinary actions. It is expressly understood that the police department shall be responsible for compensating its officers and providing all employee benefits, as well as providing worker's compensation coverage for any injury to its officers while they are performing their official duties. K. The City will establish and implement a computer leaming lab with two work stations and provide part-time tutor services per the grant document. SECTION TWO: SERVICES PROVIDED BY THE AUTHORITY The Authority will provide the following services: A. Orientation and familiarization with the public housing communities for the assigned officers; and B. Orientation to the lease contract and lease compliance enforcement procedures and policies. The Authority will provide the following in-kind accommodations, services and equipment: A. Accommodations - The Authority will provide suitable space to be used as a satellite office at the site targeted for additional police services. B. Services - The satellite office will be supplied with utilities (water, heat, electricity, telephone) and routine and extraordinary maintenance by personnel of the Housing Authority. C. Equipment - The satellite office is to be supplied with any other additional equipment mutually agreed upon in connection with the performance of this Agreement. D. Modifrcadon/Damage - The Authority will make reasonable modifications, including minor structural, electrical and mechanical changes to the accommodations provided in order to meet the City's operational needs. Any damage to the unit or equipment Page 3 provided by the Housing Authority for City employees, which the Authority determines to be above the normal wear for the item or accommodation, shall be repaired or replaced by the City at the discretion of the Authority. ARTICLE 11. ENFORCEMENT OF RU,LM AND REGULATIQNS A. The City, through its police officers, is hereby empowered to enforce the following Authority rules and regulations: 1. Unauthorized visitors in unoccupied structures of the Authority shall be removed. 2. Unauthorized visitors creating disturbance or otherwise interfering with the peaceful enjoyment of lessees on Authority property shall be removed. 3.. Unauthorized visitors destroying, defacing or removing Authority property shall be removed and/or criminal enforcement actions shall be taken. With regard to the foregoing rules and regulations, the City's police officers are hereby authorized to give criminal trespass warnings to any persons found in violation of said rules or regulations, i.e. to give notice to any violators that their entry on the property or premises is forbidden and to arrest or cause the arrest and prosecution of any violators, when appropriate. B. The City, through its police officers, is hereby empowered to enforce the following Authority rule or regulation, The tenant and any visitors to Authority property and premises shall refrain from, and shall cause their households to refrain from parking vehicles in any area other than parking areas designated by Authority management. With regard to the foregoing rule or regulation, the City's police officers are hereby authorized to have removed any and all vehicles found parked in violation of said rule or regulation, pursuant to established City procedure for impounding vehicles. C. The City, through its police officers, is hereby empowered to enforce such additional Authority rules and regulations and perform such other duties as shall be specified in any addenda attached hereto or incorporated herein now -or in the future. D. Nothing herein contained shall be construed as permitting or authorizing police officers to use any method or to act in any manner in violation of law or of their sworn obligation as police officers. ARTICLE 111. MMMUNICATIQNS. REEMING AND EVALUATION A. Communications Page 4 1. Access to Information Consistent with public records laws, the City agrees that the Authority will have unrestricted access to all public information which in any way deals with criminal activity in any of the Authority's communities. It is further agreed that the City police department will provide to the authority copies of such incident reports, arrest reports or other public documents which document or substantiate actual or potential criminal activity in or connected with the public housing developments. This information will be provided at no cost by the City police department on a regular basis in accordance with specific procedures that have been or will be established. B.. Reporting L. Forms The police department will require all assigned personnel (police officers) to complete a daily log provided by the Authority at the conclusion of each shift and forward the original report to the Authority's designee. This report will include, but not be limited to, data as follows: a. Hours worked: foot, bicycle, motorized, other b. Calls/request for service c. Referrals to City, CHA/agencies d. Suspicious persons - name and description e. . Vehicles abandoned/towed/stolen f. Drug paraphernalia confiscated/found g. Arrests/citations of both residents and outsiders to include age, sex, ethnicity h. Property recovered stolen L Counseling of residents and visitors j. Broken lights/sidewalks k. Graffiti 1. Conflict resolution; e.g., resolved apparent or actual conflict between two or more people m. Vehicle license number of suspicious persons n. Weapons violations/seized 2. Media Coordination The police department will relay to the Executive Director or his designee information related to any major crime or incident that occurs on Authority property, preferably before the media is informed, or as soon as possible. C. Evaluation The City and the Authority agree that any evaluation shall include, Page 5 I, Hours worked by police officers for; a. Foot patrol b. Bicycle patrol c. Motorized patrol d. Other (tactical) 2. Response time to targeted communities 3. Arrests (to include drug violations) 4. Vehicles towed 5. Positive contacts 6. Referrals 7. Trespassers removed 8. All UCR or NIBRS reports 9. Calls for service 10. Weapons seized 11, Property stolen/recovered 12. Community feedback It is further agreed that the City will provide comparable crime information for the City as a whole to facilitate the valuation to include what proportion of aedvities City-wide occur on Authority property. ARTICLE IV. TERM OF AGREEMENT The term of this Agreement shall be for the period beginning December 1, 1996 and extend through .November 30, 1998. ARTICLE V. MMPE SATI N T_Q THE CITY A. All compensation to the City will be made on a cost reimbursement basis. The Authority will reimburse the City for salaries and fringe benefits for the assigned personnel performing the services specified in this Agreement, plus equipment and software as specified in the grant document in a total amount not to exceed Tm Hundred Sig Thommud Two Hundred ThiM S.acn Nllars_(S206,237). B. The Authority shall reimburse the police department on a quarterly basis, upon receipt of performance of the proposed services and evidence of authorized expenditures. C. The City shall provide the following documentation in requesting reimbursement. I, Copies of Certified Payroll Time Reports documenting names, employee identification, hours worked in public housing developments, supervisory approval of the report and supervisory verification of the necessity for any overtime worked. 2. Copies of receipts for other allowable communications and equipment or software or Page 6 l 3 other miscellaneous expenses shall be subject to pre-approval and shall be accompanied, at the time of reimbursement request, by a brief explanation of the expense incurred. D. . All requests for reimbursement are subject to the approval of the Executive Director, or that official's designee, and the Authority shall thereafter make payment of the approved amount within thirty days of receipt of the request for reimbursement. ARTICLE VI. TERMINATION A. The Authority may terminate this Agreement upon the provision of thirty (30) days written notice to the City. Such notice shall be delivered by Certified Mail, Return Receipt Requested to the address specified in Article VII. B. The City may terminate this Agreement upon the provision of thirty (30) days written notice to the Authority. Such notice shall be delivered by Certified Mail, Return Receipt Requested to the address specified in Article VII. ARTICLE VII. N TICU Any notices required pursuant to the terms of this Agreement shall be sent by United States Certified Mail to the principal place of business of each of the parties hereto, as specified below: Authority: Clearwater Housing Authority P.O. Box 9601210 S. Ewing Avenue Clearwater, FL 34617 City: City of Clearwater P.O. Box 4748 Clearwater, FL 34618-4748 ARTICLE VIII. S' NSTRUMOK OF LAWS This Agreement is made and entered into in the City of Clearwater. Any and all questions of law arising hereunder shall be construed in accordance with the laws of the State of Florida. ARTICLE IX. ENTIRE AQREEME12 This Agreement shall consist of the following component parts: A. This Agreement; Page 7 i B. Any subsequent addenda agreed to by both parties, Countersigned: CITY OF CLEARWATER, FLORIDA ' • Rita Garvey, Mayor-Commissioner ' ,. Approved as to form and legal sufficiency: P? Robert J. S , Assistant City Attomey Witness fr qe f 1, fz By: Elizabeth M. Deptula, City Manager Attest: Cynthia E. Goudeau, City Clerk CLEARWATER HOUSING AUTHORITY By: Deborah Vincent, Executive Director Page 8 PR 2 Clearwater City Commission Agenda Cover Memorandum Item M: Meeting Date: SUBJECT: New Sand Key Park (97-1) RECOMMENDATIONNOTION: Award a contract for the construction of a new park on Sand Key (97-1) to T.A. Cummings Construction of Tarpon Springs, Florida, for the sum of 8198,198 which is the lowest responsible bid received in accordance with plans and specifications, ® and that the appropriate officials be authorized to execute same. SUMMARY: • The ' subject property is located at 1551 Gulf Blvd. as shown on the attached map. This property was purchased in December of 1992 to provide a small neighborhood park for residents on Sand Key as well as.to provide parking facilities necessary to support beach renourishment. • Post, Buckley, Schuh & Jernigan was hired to develop the site plan, the construction drawings, and to obtain necessary permits for the project. • This contract includes the construction of two tennis courts, pedestrian walking trail, parking facilities, drainage improvements and other miscellaneous park amenities. Additionally, the City will install playground apparatus and security lights. • Parks and Recreation staff has worked closely with the Sand Key Civic Association as well as the adjacent condominium associations in developing an acceptable site plan. e There are sufficient funds in Capital Improvement Project (3282) to fund this contract. Reviewed by: s , , 1 Originating•Vepartm Costs: L.egel r. . 2C zt:s.AriC$.9Qtppt(Dn,. .... Budget Purchasing s%s?' : ' <%s•'' User Department: . Risk Mpmt. ??.N:.:a;?. A?.?,fiz:.?€??`. },.'.?::,n i'arlfa:&..ftecreeti n• ?? IS >;3f 3i.N A'f%1 Funding Source: >zy +?%s '> ACM ® Capital <t- Improvement: Other Nfy, xr. Advertised: 0 :: operating: other. tied by: O Not Required r... Affected Partlss 0 Notified Heger 0 Not Required Commission Action: 4188198 ? Approved Totat 0 Approved with Conditions /tga,t9a' ? Denied Current Fiscal Year Cl Continued to: Attachments: 1. Map 2. Bid tabulations and summary Approprlation Code, :<,<a':•'::?.3?i5.:.,.8328?": ,: ,:::::'':...`" .. E3 None 40 Printed on recycled paper y I;:? o ti ono I6p?p 4y )?T a o0 r?oz Is?a oo?° -A°r rJld p ?ISr Isa, Go10 lab A 3/m kuld-lon ?.-' 1 ARK PROPERTY CABANA %.& ? I p l i.; RE 1 1 CLUB /?? 1 V - `? Q 2 3 4 ; w 8 7 0 1??Dpp q ~ 11 t `r ry 1 N 1 13 ?, 16 4 pf ry„ 1 M 19 ? +e ?. 21 ` " 2 l? 2 a 5 t?pp 4f 0 27 26 .?. t ? a lo, w c 77-42 ", 73 i h O O t E6 67 D 4 hh N t2 t1 9 7 6 5 + 0 ,2 1 4 9 D 7 h 44 b 43 2 1 0 ; ?dyd ISO jq j J 4 1 1Z/ cj AP AM? . . • • C 1 -- . . . C d O ?i 0) w co r 0 Go Go 0 rte- ?f _ ? O O E W M T-1 U C o. t co w- H 1? 7 ? °o Q 0 Co Go Q ? N N ? C w O O U f a aNo a ? U J j N h r h ?- ? aq C O 00 ao N N N N g ..j U. w () al °• u ? ao N ? t co Q N E °o, ° a, Z b o ch c+? a a .9 ? t a o Y O : w CO Z N b. ,k$y C9 ++ C Z ~ 00 ' w ? to j cr. a ?? F- Z g m 0 W ? Ln a. 32 co T ?p 1 a o u . p Op ?. ?? 0 k p w ? v E UJ ?? V U) Np Cy? zu?i o m = e 1 0 12 I L UJ L o es m ` O t n c cn U v .,-a3 I. h.u. R-3 Contract with PBS&J Sand Key Park South TASK ACTIVITY Raw . Mulitiplier Total Labor Costs 1 Land Surveying 1,391.OD 2.95 4,11(.3Ei 2 Geotechical Engineering 127.00 2.96 375.92 3a Preliminary Site Plan 1,514.47 2.96 4,482:83 3b Final Site Plan 1,357.97 2.96 4,019.59 .3c Site Construction Drawings 3,377.51 2.96 9,997.43 3d Presentation of Construction Drawings 266.00 2.96 787.36 3e Infrastructure Permitting 1,037.90 2.96 3,072.18 3f Final Cost Estimates 376.00 2.96 1,112.96 3g Shop Drawing Review 261.52 2.96 774.10 3h Record Drawings and Final Certification 350.76 2.96 1,038.26 29,778.00 Total Expenses (reimbursables) 10,191.00 Total Costs 39,969.00 Amount Billed to date -35,303.61 Amount Remaining 4,665.39 Page 1 i i im r (='b alP4V ! Item--- #24 t• i:w • , ' 4y `0 'yJ Ai Z• ?i •? 9 .C' YtJs3:iPa?i1.?""?"'"'.•. ! ,;+?nxu=,:aua?uu,;??z'-c?.vn?.>/+?.»-?w.» CLEARWATER CITY COMMISSION Agenda Cover Memorandum Itcrn # Meeting Date SUBJECT: Removal of Clearwater Beach Elevated Water Storage Tank RECOMMENDATION/MOTION: Approve proceeding with preparation of engineering plans to remove the Clearwater Beach Elevated Water Storage Tank from Mandalay Park, ?X and that the appropriate officials be authorized to execute saute. SUMMARY: • The City constructed the Clearwater Beach Elevated Water Storage Tank in 1952. The Tank is a steel structure which was originally coated with the traditional "red lead" primer applied directly to the steel structural members. Periodic maintenance over the years has required numerous coats of paint which have built up a considerable thickness of paint. This build up of paint thickness and the use of red lead primer presents a significant problem for future maintenance of the Tank. New paint cannot be applied over the existing layers of paint because these layers of paint do not have the bond strength to hold the weight of additional paint. The result of additional painting would be that in a short period of time the paint layers would begin to peel off, particularly in vertical sections and on the underside of the tank bowl. The problem would ordinarily be solved by removal of the existing paint layers down to the bare steel and then applying new paint except for the presence of the red lead primer paint. Removal of paint with lead is subject to very strict air quality and hazardous material collection and disposal requirements. The paint removal process would be very expensive and difficult to accomplish, therefore the alternative to entirely remove the Beach Tank has been investigated. Continued on next page. Reviewed by: Orlgtnating Devi. Costs: na Commission Action Legal na Engineering {Current FY! Approved Budget na User Dept.. Funding Source: Approved wlconditions Public Works Capt. Imp. Purchasing no Denied Risk Mgmt. na Advertised: Operating Cont'd to Date: Other is n Paper: ACM Not required: x ENG. ' OTHER Affected parties Appropriation Codels! Attachments: notified Submitted By: Ci a uired X Not Re n er t q Beach Water Tank Removal Agenda.agn r • McKim & Creed Inc. prepared a study for the City using Hardy/Cross hydraulic computer modeling to evaluate the operational characteristics of the City's water distribution system and to evaluate the present usefulness of the existing elevated storage tanks. This study determined that the Beach Tank can be taken out of service while still maintaining adequate fire protection on the beach. The analysis was field tested by isolating the Beach Tank from the distribution ' system using existing control valves and monitoring distribution system pressures for a period of three months this summer. The analysis was further field tested when a large volume of water was used by the City's utility contractor installing the sanitary force main placed beneath Clearwater Harbor. This high volume use of water closely approximated a typical fire flow rate for the beach community and distribution system pressures were again monitored. The final result of analysis and field testing is that the Beach Tank can be removed from service. ' • The City will benefit in the removal of the Beach Tank for the following reasons. The removal of the Tank will be much cheaper than repainting and will also avoid future maintenance costs of the Tank. The skyline of the beach will be approved in appearance. A small portion of the Mandalay Park adjacent to the west side of Fire Station 2 will be available for alternate uses. • If removal recommendation is approved by the City, then engineering services will be solicited to develop a removal contract specification in conformance with regulatory requirements and a removal contract will be presented to the Commission. I' i 4 1 1 as ry>> ''iv r ate Yti:`e 4ri V Interoffice Correspondence Sheet To: Cyndie Goudeau, City Clerk From: Richard Baler, City Engineer CC: Elizabeth Deptuia, City Mana er Date: November 13, 1996 RE: Resurfacing Pier 60 Parking Lot The following are answers to the questions for the November 18/21 agenda item on "Resurfacing Pier 60 Parking Lot" 1. How many parking spaces will be lost or gained after the parking lot is re-striped? There will be approximately 14 parking spaces lost due to adding more handicap' spaces and the location of the new concession stand. 2. Why have Pinellas County's contractor, Golden Triangle do the resurfacing now? The City has received numerous complaints regarding the condition of the Pier 60 parking lot since the new Pier 60 Park has been completed. For the couple of thousand dollars more it will cost by using the County's contractor now, it is felt that by improving the4esthetics of the lot prior to the tourist season will be in the best interests of the City. The quickest the City could go to bid and not do the work during the tourist season would be after the t=aster holidays. 3. The comparative costs are? Golden Triangle is already under contract to Pinellas County and has a bid of $35.00 a ton to do the resurfacing. The City's previous contract with Golden Triangle Asphalt Paving Co. was completed on August 21, 1996. Their bid at that time was for $32.35 per ton, which was bid on a large contract. MEMO To CITY CLERK-PIER 60 RESURFACING.WJS E s f ?o CMS Clearwater City Commission Agenda Cover Memorandum Item 0 Meeting Dates ??...?rr_i Diu nn. wi?nw.m¦ SUBJECT: Harborview Center Marquee RECOMMENDATION/MOTION: Approve award of the Harborview Center electronic marquee to A.D. Systems of Ft. Myers, Florida in the amount of $55,000.00 being the lowest and most responsive bid received. N and that the appropriate officials be authorized to execute same. BACKGROUND: . On June 20, 1996, the city Commission approved $55,000.00 for an electronic marquee for the Harborview Center. The staff worked with manufacturers to produce the attached design concept and proceeded to present this to the Design Review Board. The Board approved the project and it went out to bid. In order to keep the bid inside the $55,000 construction budget, the equipment warranty was voided from the specifications and AD systems has amended their price. The price.reflects the exact same specs as before, just without the one year warranty. 6 The deletion of the warranty does not change the installation of equipment or the training required under the specification. The maintenance agreement will cover the following: a. the top identification sign, including all fluorescent lamps, ballast, sockets, wiring and photocell; b. the computer controller, including the computer base unit, keyboard, monitor, all cards installed in computer and sign interface; and c. the electronic message center all xenon lamps, transformers, wiring, electronic drivers, vertical shift cards, line receivers, filters, lens, reflectors and louvers. Reviewerd by: Originating Dept: Costs: 55.000.00_ _ Coamission Action; Legal W /A Administration Total 13 Approved budget P h i s © Approved w/conditions urc as ng Risk Mgmt. User Dept: Current Fiscal Yr. i] Denied cis ;.,/N_ ACl{ ;?y Harbarvie?r Center Funding Source: 13 Continued to; Other D Capital Imp. Advertised: perating 13 O ac?tts tt Date: 09/27/96 othr ' $i lation b Sunman Y Paper: Tampa Tribune 2. Design Chart Ca N uired t Re o q Submitted by: • Affected Parties ® A?gpRi igtiaq Cam: _ D None Notified 15_94717_563600-552 J Not Required 13 Cit a e _ . 1 1 - 2 - •,.. Harborview Center will enter into an agreement with AD systems for a one year maintenance agreement for $500 per month. The $5,500 for eleven months of maintenance will be funded by operating savings within the FY 96/97 approved budget for Harborview Center operations, and one month of maintenance at.$500.00 will be included in the FY 97/98 Harborview Center Operating budget. is ?=r 1 3?' rE c , f., f p1 k? 't F of"•' t s i 5 ? ' J y s-v ? AaT, zw 1. TO P VIEW NOT TO SCALE SP_ECIEMATIONS: IDENTIFICATI[7N D LETTERS ARE 1--7'75" HIGH. BURGUNDY V1VYL 3830-48 SAILS' ARE DEEP TEAL - ' WAVES' TOP WAVE IS LIGHT TEAL. MIDDLE WAVE IS MEDIUM TEAL. L30TTCU WAVE rc DEEP TEAL DISPLAY FACE IS INTERNALLY ILLUMINATLD SUNSPOTS' 015PS?Y 32x64 LAL4P MATRIX - LAMPS ARE ON 1." • CEl`I:ERS - LAMPS ARE COVERED BY CLEAR LENS PRISMS - A LINES OF •0 (10-) CHARACTERS PER LINE - 'VENUS8 SERIES' CONTROLLER J 07-14 44 + .-1o.oc 1 7S-Wiau 7rror - D !b WOE/U?MICD DQK Z 01-22-11 &MM to+ vsr Gr+, v.0 ? 1[7 09K Y- 1 x7.21-?3 ebui4to 6" 1AI3 M iK{-I Tb cu-.a -mv rso•?1c?s?vwaC 0CK Rcw. wn btscAw?Ow w .-aR JQENERAL {IISP_I 2--V FACE ALL ALUMINUM CONSTRUCTION -- DISPLAY FINISH IS DAKTROIJICS STANDARD TAN DIMENSIONS ARE SU9JECT 70 CHANGE DUE TO DETAILED DESICN CONSIDERATIONS/ONLY APPROVED SHOP DRAWINGS SHOULD BE USED FOR CONSTRUCftn*I PURPOSES LOIST BE EARTH CROUNDED/NUMDER & LENGTHS OF RODS TO MEET LOCAL NATIONAL ELECTRIC CODE IDErrMFFICATION DISPLAY: 766 WATTS - 'SUNSPOT'' DISPLAY: 21.300 WATTS - TOTAL SYSTEIJ- 22,06a WAITS ("SUNSPOT4' PCWER IS CALCULATED AT 5 20 WATTS PER POINT) 0 m4-11-.IG1iT 1114 owlFNiKs, INC Y I 03/ 15/96 10 ::,4 FY/RX NO.21 12 11.002 - c $ a ? a g 0 Q O ? LL 1 ~ a d O ti z c ' on rn o r o z aT W U. D (L x W p Z O to ' a a 0 • a r r • o log o 1 N ?] t0 .. i. V W t 3 m z O W V . m U) ' AG V ?0 d N Z w ?wvJ0 v O, ? S o vi :.." ??im 0 0? Q l v C7 1 - CIA EMI. 'i+-- N i'7 (Y} f0 'P N r r r r co Of 9 N D o m U. o N O ? IX Lu z 5 w o Z U Lu :3 L) a. U 0 ir, co M L W- H 220 MM z OCT--18-19% 16:11 AD SYSTEMS 813 939 7440 P.01 1-800.226-7A40 / (813) 934-7440 FAX (813) 939-3991 12601 New Br0tany Blvd. Fart Myers, FL 33907 October 18, 1996 George McKibben # City of Clearwater PurchWng Division . i0o South Myrtle Averm Clearwater, M 34616 Re. Bid 420496 t Dear W. McKiibben, please accept this letter as written notice to amend our bid price for the above referenced bid. ' i We would like to mend our price to read $55,400.00. This cbamge in price reflects the voiding of the cqu4 m mt warranty. . r C If you have airy questions, please call. ' Sincerely, F rim Thonm President JT-jpw f TOTAL P.01 TO : /Berry Strafacci FROM: George McKibbe Purchasing Manager COPIES: Bill Baird, Acting Assistant City Manager SUBJECT: Bid ##204--96, Electronic Sign DATE: October 7, 1996 Please furnish the following information so that we can complete processing your requirement(s): 1. ( ) Purchase Order Contract expires on If you require contract renewal., submit purchase requisition With quantities, item descriptions and speci.ficationb as applicable. 2.. (X) Evaluate bids/quotes and make award recommendation. Narrative justification signed by Department Director is required if recommendation other than to low bidder. Bid expires January 5, 1996. 3. { ) City Manager approval required. Purchasing'-wi.ll obtain obtain approval after receipt of recommendation. 4. (X) Agenda Item and Commission Approval Required. 5. ( } P.O. must be issued by date or price extension may be required. 6. Bid Advertised: (X) Warfield's Tampa Bay Review 09/20/96 ( ) St. • Petersburg Times _/_/ (X) Tampa Tribune 09/27/96 ( ) other: //_ S f I.Ttp.m ???'R . 'Y. .t k ???', , - ?...-.? . ? .....?.,,Qy??J.xi;.?h.•!n'„ ,{r.,, ?•?zA,;.;;i:'•.r?. f. ,.,i ? .in7'? ; e ` •E :r: ? , . ..?. . s'. , k , . s', ? E Clearwater City CommLw'on Agenda Coves Memorandum It" N Meeting Date: _ BUBJECT: consultant Services for Municipal Services Building, Police Headquarters Building and Parking Garage projects. 11c EN 13MOTTR: Approve the hiring of High-Point Rendel to act as the Owner's Representative in concluding the construction of the Municipal Services Building and Police Headquarters Building projects at a cost not to exceed $60,000, and to act as the Owner's Representative for the Parking Garage project at a cost not to exceed $40,000; for a total expenditure not to exceed $100,000; Y and that the appropriate officials be authorized to execute same. BACKGROUND: s City staff interviewed three firms that had been short-listed by Pinellas County staff in their effort to hire an owner's representative on one of their major projects, and one firm that had forwarded a resume on their own volition. • The purpose of the interviews was to select a firm that will represent the owner for final punch-list and close-out activities. The activities requested are as follows: 1) Review the contract documents and develop a final (certificate of occupancy) punch-list for the Police Headquarters Building; 2) Audit the Municipal Services Building and Police Headquarters Building contracts and modification work, and investigate any potential secondary cost; 3) Assist City staff in the close-out phase of the project inspecting the transmittals, as-built drawings, warranty information, and training; 4) Assist City staff in compiling documentation and in a format that could be used in post-project proceedings. e Regarding the Parking Garage, in addition to the items listed above, the firm would assist in the schedule review and budget integrity. For these services High-Point Rendel would expect to spend an average of 12 hours per week for the project duration. t,ar1mod. by: Orisinatln$ Deft: Coat.: % 100'm Camission ACtiun: Legal City Manager Total 0 Approved Budget Purchasing S log-goo 0 Approved W/Conditions Risk Mkt. .r..dl1?._... Iffier Dept: nt i ace Tr. Curre 11 Denied cis I/A 13 Continued to., funding , ; other O Capital Up. Adveetimid: V Operating Attachments: Data: is other High-Point Rendel proposal Paper: ¦ Not R ed i equ r suinitted by: Affected Parties Appropriation Code: Nom i3 Notified 315.9460 6d2 0 Not Required city Mane er High-Point Rendel Consultants in Capital Projects & Coi onercial Risk --IP: '? (-g 3000 Gulf to Bay Boulevard Suite 102 Clearwater, FL 34614 November 15, 1996 Tel: 813-799-6611 Fax: 813-791-1035 Ms. Elizabeth M. Deptula, City Manager City of Clearwater 112 S. Osceola Ave. Clearwater, Florida 34618-4748 RE: Owner Representative and Construction Administration Services • Municipal Services Building • Police Headquarters • Parking Garage Dear Ms, Deptula: RECEIVED NOV 15 1996 C)TY MANAGER We are pleased to submit this proposal for the professional services as discussed in our meeting today. High-Point Rendel operates fifteen offices nationwide. Our Florida staff includes experts in the fields of construction, engineering, architecture, CPM scheduling, and project management. Our national staff of nearly 200 professionals ensures that experts in every design and construction specialty are immediately available to meet every demand that the City of Clearwater may require. As a supplement to the High-Point Rendel Statement of Qualifications and Summary Resumes that were given to you this morning, enclosed are the detailed resumes for Paul Bough, William Tait, Richard Newman, and myself from the Clearwater office, and for Richard Loarie of our Ft. Lauderdale office. These resumes include lists of projects worked on by the respective individuals, along with summary descriptions of the specific High-Point Rendel services performed. The Scope of Services and preliminary budget to be performed are outlined in Attachment A, Scope of Work. The work will be performed on an hourly basis and invoiced in accordance with Attachment B, Schedule of Fees and Expenses. Because this proposal is being made without the benefit of any pi eliminary review of project documentation, it should be considered as a guide. High-Point Rendel's experience on projects with similar size and scope suggest the attached budget as a not to-exceed-value. Determination of more precise budget estimates can be accomplished if the activities outlined in the proposed scope of work can be more clearly developed subsequent to such review. In no case, however, US Group Offices Canadian Group Offices UK Group Offices Other Inlernationat Group Offices Boston MA L" Vegas NV Saar Francisco CA Calgary Birmingham London Bangladesh Malaysia Clearwater FL Los Angeles CA Williamsbutg VA Ottawa Bristol Newcastle China singapore Fort Lauderdale Fl. New York NY Toronto Dundee NewpaR Ghana Turkey Hartford CT phoenix AZ Vancouver Glasgow Warrington Hong Kung United Arab Emirates Irvine CA San Diego CA Indonesia Vietnam A ifish-Pownl Rendti Company Ms. Elizabeth M. Deptula 2 November 15, 1996 will we exceed the established budget without appropriate notification, substantiation, and authorization. If these parameters are acceptable to you, we will be happy to meet with you at your earliest opportunity to finalize the specific program that will meet your immediate needs. Thank you for this opportunity to offer the City of Clearwater the services of High-Point Rendel. Very truly yours, - HIGH-POINT RENDEL Andrew Civitello, Jr. Senior Construction Consultant r AC, Jrltr 11i?1t•Itxnl It??tufrl .' ATTACHMENT A Scope of Work City of Clearwater Municipal Services Building Police Headquarters Parking Garage November 15, 1996 High-Point Rendel proposes the following services as general description of anticipated scope of work: A. Municipal Building and Police Headquarters: Provide Owner Representative services for punchlist and close-out activities as follows: 1. Review the contract documents, and develop a punchlist for the Municipal Building and the Police Headquarters. 2. Audit the Municipal Building and Police Headquarters contract and modification work, determine secondary costs, and assign responsibility for cost overruns. 3. Coordinate the preparation and delivery of all final close out documentation, and arrange all owner orientation, training, and other final services. 4. Provide certain Owner Representative services for punchlist and close-out activities Budget not to exceed $60,000 for the services related to items 1, 2, and 3, above. The services will be invoiced on an hourly basis in accordance with the proposed fee schedule, attached. B. Parking Garage: In addition to the services indicated above, provide the following services: 1. Schedule review and analysis, with time impact analysis of changes. 2. Correlation of the CPM schedule with the payment Schedule of Values and periodic Applications for Payment. 3. Confirmation of schedule reporting accuracy with respect to actual progress. For these services, this proposal anticipates an average of (12) hours per week for the project duration, subject to adjustment with respect to the final determination of scope. This scope of services does not include expenses associated with the preparation or process of dispute resolution, destructive testing, preparation of repair design documents, specifications, and cost projections, additional investigation, meetings, further reporting and documentation. Accepted: High-Point Rendel City of Clearwater, Florida SIGNATURE PAGE FOR HIGH-POINT RENDEL OWNER REPRESENTATIVE AND CONSTRUCTION ADMINISTRATION SERVICES AGREEMENT Countersigned: CITY OF CLEARWATER, FLORIDA By: Elizabeth M. Deptula City Manager Attest: Cynthia E. Gaudeau City Clerk mod Idim SCHEDULE OF FEES AND EXPENSES WGH--POINT RENDEL FLORIDA . 1. PROFESSIONAL STAFF $135/HOUR 2. ASSOCIATE STAFF $115/HOUR 3. TECHNICAL STAFFIARCHITECT DRAFTSMEN $ 901HOUR 4. ADMINISTRATIVE STAFF $ 451HOUR Project Executive and Sealor Staff arc not expected to be required on this project. If these services ue nquited by the Clty, these rates will bo provided. Please refer to Consulting Services Agreement for Terms & Coaditdous. E.gmscs shall be invoiced at cost with a 10% adminlstradve processing fee. Mileage will be gilled at $33 per stile. This proposal contains data that shall not be disclosed outside the cdicat and attorney and shall not be duplicated, used, or disclosed, In whole or part, for any purpose other than to evaluate this propo?nl. The noted fees will remain in effect until dune 1, 1497. Acceptance: ffl&-Point Bendel Mod SMT TWI Me - aQN38 -.NIOd-F IW 00:ST 965T-6T- CN f P Paul E. Bough BACKGROUND Mr. Bough has more than 17 years experience in the construction industry as construction manager and claims consultant on a wide range of municipal, civil, residential, transportation, power, health, and industrial projects. He has extensive experience in the areas of claims analysis and development, CPM scheduling and scheduling analysis, defective construction investigations, project management, estimating, and litigation support. Prior to his career as a construction consultant, Mr. Bough served as construction manager on rapid transit projects in New York, Washington, D.C., Atlanta, and Miami. Responsibilities included contract procurement, project set-up, subcontracting, field supervision, engineering coordination, cost control, schedule control, and claims and change order negotiation. Early experience includes employment as a general foreman for a general contractor in Indiana, responsible for sales, estimating, supervision, and job close-outs on commercial, municipal, light industrial, and residential projects. CLAIMS EXPERIENCE Mr. Bough has been involved in numerous construction claims assignments since 1988. These assignments have included schools, power plants, correctional facilities, office buildings, condominiums, hospitals, water and sewer facilities, municipal facilities, and transportation projects. The fallowing provides brief descriptions of these projects. Selected Projects Schools: Newton North High School, Newton, MA - Claim analysis on behalf of owner on $100,000 asbestos abatement project. Manhattan Community College, New York, NY- Claim analysis on behalf of owner on construction of $65.0 million community college complex. Killian High School, Miami, FL - Claim analysis on behalf of owner on claims stemming from Architect's departure from a $12.0 million school construction project. Broward Community College, Ft. Lauderdale, FL - Claim analysis on behalf of owner on claims filed by general contractor for $13.0 million library construction project. A'aples High School, Naples, FL - Preparation of a counterclaim document, on behalf of the owner, in connection with claims filed by the general contractor on a $12.0 million renovationladditions project. Florida State University, Tallahassee, FL - Preparation of claim documents on behalf of electrical contractor on $3.0 million campus power distribution system upgrade. Power Plants: Grand River Dam Authority Power Plant, Tulsa, OK - Claim analysis on behalf of owner on site work and piping claims filed by general contractor on coal fired power plant construction project. Big Cajun Power Plant, Baton Rouge, LA - Analysis of electrical contract estimates, on behalf of electrical contractor, in connection with a bid- rigging case on $80.0 million coal fired power plant construction project. North Branch Power Project, Grant County, WV - Analysis and defense of claims filed against the boiler supplier on a $75.0 million coal fired, fluidized bed boiler, power plant construction project. Correctional/Justice: Santa Clara County Hall of Justice, Santa Clara, CA - Claim analysis on behalf of owner on $65.0 million justice facility construction project. Sonoma County Detention Facility, Sonoma, CA - Claim analysis on behalf of owner on $100 million detention facility construction project. Dade County Stockade, Miami, FL - Claim preparation and courtroom graphics preparation on behalf of general contractor on $12.0 million correctional facility. Federal Bureau of Prisons Metropolitan Detention Center, Miami, FL - Claim analysis and defense on behalf of owner on $70.0 million correctional facility, on which the contractor was terminated at 75% completion. Office Buildings: Disney Headquarters, Burbank, CA - Analysis of claims and on behalf of owner on $60.0 million headquarters office building Tri-Borough Bridge and Tunnel Authority Service Buildings, Queens, NY- Conduct project evaluation and advise contractor in regard to potential claims on $2.0 million office building construction project. Condominiums: Brittany Condominium, Naples, FL - Claim preparation and negotiation assistance on behalf of general contractor on $38.0 million highrise condominium project. Atlantic View Condominium, Hutchinson Island, FL - Project evaluation and claim advice to contractor on $25.0 million highrise condominium project. . Paul E. Bough,page2 M n3XM Paul E. Bough,page3 Hospitals: Lee County Memorial Hospital, Ft. Myers, FL - Claim analysis on behalf of owner on $72.0 million hospital project, following termination of original contractor at 75% completion. Biloxi VAMC, Biloxi, MS - Claim analysis on behalf of owner on $15.0 million Veterans Administration Medical Center renovation project. Baltimore VAMC, Baltimore, MD - Change order pricing reviews and estimating on behalf of owner on $100 million Veterans Administration Medical Center Construction Project. Diabetes Research Institute, Miami, FL - Claim analysis and defense on behalf of Architect on $12.0 million research and clinic facility, focusing on HVAC and mechanical issues. Water & Sewer: St. Petersburg Wastewater Treatment Facility Upgrades, St. Petersburg, FL - Claim preparation on behalf of contractor on $5.0 million contract for upgrades to four treatment facilities. City of Las Vegas, Craig Road Storm Sewer, Las Vegas, NV - Claim analysis on behalf of owner on storm sewer improvement project. Municipal: Office of Environmental Services Operations Center, Broward County, Ft. Lauderdale, FL - Claims analysis and defense on behalf of owner on $12.0 million office/warehouse/shops facility. Miami Beach Convention Center, Miami Beach, FL - Claim analysis on behalf of owner on 250,000 sq. ft. expansion to the Miami Beach Convention Center. Miami Beach Marina, Miami Beach, FL - Claim analysis on behalf of owner on Marina project, following owner's termination of original developer. Deerfield Beach International Fishing Pier, Deerfield Beach, FL - Claim analysis on behalf of architect on fishing pier expansion project. Transportation: New Jersey Transit Signalization Improvements - Claims advice for electrical contractor and signalization equipment supplier on $26.0 million signalization improvement project in New Jersey. New Smyrna Beach Bridge, New Smyrna Beach, FL - Claim analysis on behalf of Southern Bell in regard to alleged underground utility conflicts ?I.,t-k -- •..... <, . ?,-...,. .,....,.. ... .. . Paul E. Bough,page4 during construction of bridge over intercoastal waterway for Florida D.O.T. State Road 21, Northern Florida - Claim analysis on behalf of Southern Bell in regard to utility conflicts on a Florida D.O.T. road widening project. Other: Dame Point Bridge, Jacksonville, FL - Claim analysis on behalf of owner on $50.0 million cable-stayed segmental box beam bridge project. S.S. Admiral Entertainment Vessel, St. Louis, MO - Claim analysis and defense on behalf of architect concerning $20.0 million entertainment complex build-out on existing river barge. Claims stemmed from termination of original contractor and action against the owner/architect. Yacreta Dam, Argentina - Claim preparation on behalf of gunite injection subcontractor on multi-billion dollar dam project. DEFECTIVE Mr. Bough has been involved in defective construction investigations, and CONSTRUCTION has provided construction administration services on reconstruction EXPERIENCE projects. He has been names as an expert in defective construction litigation matters. The following provides brief descriptions of these projects. Selected Projects School Board of Broward County, FL - Defective construction investigations on various schools. Strawberry Square Office Building, Harrisburg, PA - Defective construction investigation on behalf of owner in connection with tile failures on exterior precast panels of highrise office building. Bromley Condominiums, New York, NY - Defective construction investigation/turnover inspections on behalf of condominium association on highrise residential project. River Ridge Condominiums, Ft. Lee, NJ - Defective construction investigation on behalf of condominium association in connection with HVAC deficiencies on highrise residential project. Crescent Beach Club at Sand Key, Clearwater, FL - Claim preparation and expert testimony on behalf of owner in regard to action against elevator manufacturer for deficient elevator performance. Subsequent services included construction oversight during elevator modernization project. Paul E. Bough,page5 Lakeside of Naples Condominiums, Naples, FL -Defective construction investigations on behalf of condominium associations for various developments within the Lakeside of Naples Master Association. Ft. Pierce City Hall, Ft. Pierce, FL - Review of project records in connection with defective construction investigation on performed behalf of owner. Northridge Earthquake Damage Assessments, Los Angeles, CA - Earthquake damage documentation and assessments for City of Santa Monica following 1992 earthquake. Assessments included City-owned parking garages and bridges. Also negotiated, coordinated, and monitored emergency elevator repairs in City-owned garages. CONSTRUCTION Mr. Bough has provided Construction Administration and Project ADMINISTRATION Management services since 1979. The following is a summary of EXPERIENCE experience. Selected Projects Law offices of Shea & Gould, New York, NY - Take over of construction management services on behalf of owner on $12.0 million office space build-out. Monitored completion of construction, performed punchlist inspections, investigated HVAC deficiencies, and conduct settlement negotiations with general contractor. Broward County Wastewater Transmission System Expansion, Broward County, FL - Provided project oversight services for owner. Services included master scheduling, scheduling specifications preparation, contractor schedule reviews, and progress monitoring. City of Miramar Wastewater Facility, Miramar, FL - Constructibility review of plans for $50.0 million deep well injection facility. Long Island Railroad Maintenance Facility, Queens, NY. - Project Coordinator and Owner's Representative on $300 million rail car maintenance facility. Provided subconsultant renegotiation services following termination of the general contractor at the 70% level of completion. Miami, Florida Metrorail and Metromover Projects. - Project Management services on various elevator/escalator contracts totalling $20 million. WMATA Rapid Transit Project, Washington, D.C. - Project Management services on various escalator furnish and install, and maintenance contracts. Total project consisted of over 200 escalators. Paul E. Bough,page6 az? MARTA Rapid Transit Project, Atlanta, GA - Project Management services an various escalator/elevator furnish and install and maintenance contracts, FINANCIAL SERVICES The following provides two examples of loan monitoring services provided EXPERIENCE for financial institutions: Selected Projects Egret's Landing Apartments, Palm Harbor, FL - Loan monitoring services for Bank of America on $10.0 million, 228 unit complex. Westgate Lakes Resort, Orlando, FL - Loan monitoring services for FINOVA on $50.0 million, 400 unit time share development. SURETY SERVICES The following provides three examples of services provided to sureties: Selected Projects Perry High School, Perry, FL - Claim analysis on behalf of surety for subcontractor, involving claims filed by general contractor on $8.0 million school construction project. t Housing Authority of Brevard County, Merritt Island, FL - Cost to complete study on behalf of surety for general contractor on public housing project. City of Melbourne Municipal Parr Melbourne, FL - Cost to complete analysis on behalf of surety for general contractor facing termination. EDUCATION Purdue University - B.S., Construction Management Georgia State University - Management Coursework Coral Gables, Florida, Adult Education Center - Spanish Laguardia College - Financial Management Coursework PROFESSIONAL Society for Marketing Professional Services; AFFILIATIONS American Association of Cost Engineers PUBLISHED • Advice to CM's on Dealing with Claims, ARTICLES New York Construction News, September 10, 1990. • Calling in an Expert to Straighten Out a Troubled Project Meal Estate Forum, Vol. 45, No. 9, September, 1990. • An Overview of Labor Burden Rates, CFMA Building Profits, July/August, 1992 and Cost Engineers, January 1993. Andrew Civitello, Jr. BACKGROUND Mr. Civitello has over twenty years experience as general contractor and construction manager on a wide range of project sizes and types for public, institutional, and private clients. He has fiunctioned as site superintendent, project manager, and construction executive, with resulting first hand knowledge of all aspects of the construction process. He has extensive experience in the areas of job cost, scheduling, estimating & bidding, contracts, and subvendor management in every project delivery format. As a builder, he has been directly responsible for all phases of construction, including planning, procurement, scheduling, subvendor coordination and management, client and design professional contact, changes management, and dispute resolution. He has extensive multi-project management experience in both public and private sectors of Connecticut and New York, on building projects with construction costs ranging individually to thirty six (36) million dollars . As a construction consultant, Mr. Civitello has provided services for clients throughout the country on claims entitlement and valuation, CPM scheduling, change orders, delays and interference, acceleration, defective construction investigations, preparation of demonstrative evidence, and claims presentation. He is a qualified expert witness in estimating, scheduling, and project management, and has been an active panelist for the American Arbitration Association since 1982. CLAIMS EXPERIENCE Mr. Civitello has been involved with numerous construction claims since 1982 as consultant, advocate, expert witness, plaintiff, defendant, and arbitrator. Assignments have included schools, waste treatment plants, chemical process plants, laboratories, condominiums, subdivisions, federal facilities, and university dormitories. His experience and training as an arbitrator for the American Arbitration Association, combined with his history of direct involvement from every perspective surrounding construction disputes, has provided Mr. Civitello with unique insight beneficial to the resolution of complex disputes. The following provides representative examples of these projects. Selected Projects Matabassett Waste Treatment Plant, Rocky Hill, CT - Claim analysis on behalf of owner on $13 million delay & completion claim on a $30 million project. Pfizer Chemical Process Plant, New London, CT - Claim analysis on behalf of the owner of a $300,000 contractor claim for interference and lost productivity on a #}30 million project. Andrew Civitello, 1r.,page2 I il?h-It,irit Residence Hall - Southern Connecticut Stare University - New Haven, CT - Claim analysis, preparation, and presentation on behalf of general contractor on $460,000 delay, interference, and added work claim on $6.2 million project. E.C. Goodwin Satellite School, New Britain, CT - Claim analysis, preparation, and presentation on behalf of general contractor on $460,000 delay, interference, and added work claim on $6.2 million project. Library Addition, Sacred Heart Academy, Hamden, CT - Claim analysis on behalf of general contractor against a major subcontractor on a $40,000 delay and extra cost claim on a $1 million project. Government Services Administration Access Tunnel, Federal GSA, New Haven, CT - Claim and detailed schedule analysis on behalf of general contractor against the federal government on a $740,000 delay claim on a $3.5 million project. Fountain Hill Condominiums, New Haven, CT - Analyzed trade contractor claims against the developer, prepared defenses, and settled disputes. Dunes Mobile Home Park, Albany, GA - Subcontractor claim analysis and resolution on behalf of the general contractor on a federally funded project Luxury Residence, Palm Beach, FL - Preparation of $200,000 interference/added scope claim on behalf of the general contractor against the owner on a $3 million project. Residential Addition, Miami, FL - Defense on behalf of the owner of $46,000 contractor claim, and preparation of counterclaim netting an $$$2,000 owner payment. DEFECTIVE CONSTRUCTION and DAMAGE INVESTIGATION EXPERIENCE Mr. Civitello has been involved in defective construction investigations with respect to building structure, building envelopes, roofs, glazing, sitework, paving, site utilities, and architectural finishes. He has provided construction administration services for project reconstruction, and has provided expert witness services in arbitration on matters related to defective construction. The following provides brief descriptions of examples of these projects. Andrew Civitello, 1r.,page3 EN Selected Projects Gulf Island Beach & Tennis Club and Condominium, Hudson, FL - Defective construction analysis on behalf of the owner on a $ 0,000 claim against the developer Island Towers Condominiums, Dunedin, FL - Defective construction analysis on behalf of the owner on a $ 0,000 claim against the developer Tornado Damage, Hamden, CT - Provided constructibility analysis and cost estimates for $180,000 damage claim on behalf of the owner for successful arbitration award. Turtle Bay Condominiums, Branford, CT - Defective construction analysis on behalf of the owner on a $40,000 claim against the developer . Carbolabs Reconstruction, Bethany, CT - Performed constructibility analysis on behalf of the owner to negotiate replacement of $125,000 fire damaged facility. Ferndale Condominiums, Branford, CT - Defective construction analysis on behalf of the owner on a $170,000 claim against the develaper . CONSTRUCTION EXPERIENCE Mr. Civitello has provided general contracting and construction management services, most often a project manager, for vertical building and site development projects of many sizes and types, for public, private, and institutional clients. Personal responsibilities have included scheduling, procurement, contract management, subvendor management, control of direct labor force, changes management, and dispute resolution. Representative projects are listed below. Selected Projects U.S.S. Nautilus Memorial, Groton - New London, CT - $5.6 million steel/glass museum building and concrete pier for historic submarine, for the U. S. Navy. Juvenile Court and Detention Center, New Haven, CT - $4 million courthouse with minimum security detention areas. Masonry and limestone on structural steel, for the State of Connecticut. Forensic Laboratory, Meriden, CT - $2.5 million building, masonry on structural steel, for the State of Connecticut Department of Public Safety, Division of State Police. Andrew Civitello, ]r.,page4 Stamford Towers, Stamford, CT - $36 million building, two office towers over parking garages. Precast concrete on composite precast/cip concrete structure, for private developer. Medical Facility & Offices, Stamford, CT - $3 million medical and X-Ray interior fit up for Kaiser Permanente. Executive Residence Center, Ossening, NY - $35 million residence and training executives. Masonry on structural steel, for General Electric. Dormitory, Southern Connecticut State University, New Haven, CT - $6.2 million. Four story masonry bearing with precast floors and limestone exterior, for the State of Connecticut. E. C. Goodwin Satellite School, New Britain, CT - $4 million trade school. Masonry and metal on structural steel, with large amount of equipment, for the State of Connecticut. Westland Woods, New Haven, CT - $8 million, 27 unit custom home subdivision with 1,5001f city road. Wood frame construction for private developer. Heritage Canal, Hamden, CT - $5 million, 50,000 sf, 40 unit commercial and residential condominium in historic district, for private developer. Winn Dixie Facility Expansion, Orlando, FL - $2.8 million site and site utility subcontract on a $30 million addition to existing grocery distribution center, for Winn Dixie Stores, Inc. PUBLICATIONS and PRESENTATIONS Mr. Civitello is the author of The Construction Operations Manual of Policies and Procedures, The Construction Manager and Complete Contracting (McGraw-Hill); Contractor's Guide to Change Orders, Construction Scheduling Simplified, and The Construction Industry Yearbook (Simon & Schuster). He has been an editorial advisor to McGraw-Hill, Prentice-Hall, Simon & Schuster, Van Nostrand Reinhold, and M. E. Sharpe for construction books by other authors on matters relating to accuracy, material content, and presentation. He has presented numerous training programs in conjunction with major institutions and trade organizations on the subjects of changes, scheduling, risk control, and dispute resolution, and has been a university instructor on the subject of planning and scheduling. Andrew Clvitello, ]r,,page5 DISPUTE RESOLUTION EXPERIENCE Mr. Civitello has been an arbitration panelist for the American Arbitration Association since 1982. His experience is as both single arbiter and as a member of a tribunal on construction disputes involving contract terms, changes, delays, interference, acceleration, design defects, defective construction, and negligence on claims valued to $5.5 million. He has experienced the roles of plaintiff, defendant, consultant, advocate, and expert witness in the areas of CPM scheduling, delay/acceleration analysis, estimating, contract entitlement, and change orders. EDUCATION Syracuse University: - B.S., Operations Management. - Civil Engineering ; Two years. American Arbitration Association:- Advanced Arbitrator Training, - Mediator Training f Richard Loarie, Arch itect,A.1.A. BACKGROUND Mr. Loarie has a business orientation with more than 40 years of combined experience in Architecture, Engineering and Construction. He has participated in Major projects throughout the Untied States and in France. His work includes Airports, Automobile Manufacturers Headquarters, Banking Data Processing Operations Centers, Brain Research, Chemical Production and Warehousing, Commercial Banking, Department of Defense Production, Drug Production, Drug Research, Fertilizer production and Warehousing, Food Production and Distribution, Heavy, Medium and Light Industrial Manufacturing, High Rise Office buildings, Hospitals, Laboratories, Hybrid Seed Production and Warehousing, Insurance Company Headquarters, Instrument Production, Livestock Exhibition Facilities, Major Sports Stadiums and athletic facilities, Newspaper Printing, Nursing Homes Telephone Company Headquarters, Television Broadcasting, Television Production Studios, Trucking Service and Training Centers, University Libraries, University Campus Planning, University Facilities, Large Scale Urban Planning. Mr. Loarie holds a Master of Business Administration (Finance) from the University of Chicago in Chicago, Master of Architecture from Cornell University at Ithaca and a Bachelor of Architecture from Notre Dame University at South Bend. Mr. Loarie is a licensed and registered architect with National Council of Registration Boards certification. EXPERIENCE Mr. Loarie has directed and participated on facility audits on several hundred major projects. A facility audit is an observation evaluation of facility structures and major components. These audits are intended to 'Status' the existing facility to help create support programs to effectively manage maintenance, repairs, and schedule cost programs to maximize building efficiency and minimize impact on the income statement. Facility audits are accomplished for either Owners or Purchasers of property, Developers, Builders or Contractors, Governmental agencies, or Fortune 500 Companies. Facility audit reports includes an inventory of building components, an assessment of General Conditions, status of component facility condition, recommended repair and maintenance schedule, budget estimate of cost for repairs. Mr. Loarie was a principal in all of all the following selected projects. Selected Projects Facility Audits Crosslown expressway for Chicago Illinois, The Crosstown Expressway project was a $30 Million dollar feasibility (1996 dollars), project to compile the existing conditions of all structures, neighborhoods, schools, commercial facilities in a twenty square mile area for the purpose for planning two new expressways in the Metro Chicago area. This investigation study covered an 18 month duration and determined the 'Status' in the study corridor neighborhoods. Upon completion the study was presented to the Illinois State Legislature by Mayor Daley for funding. This Study was deemed the most comprehensive urban study in Richard Loarie, Arch itect,A.i.A.,page2 American history by the American Institute of Architects, and it set the standard by which following studies throughout the United States were funded and developed. Chicago West Side Redevelopment - This project had an initial funding of $200,000 (1996) dollars and compiled the conditions of all buildings west of downtown Chicago in a 100 block area. It resulted in the establishment of policy for Affirmative action. Eastern Tennessee Gas Transmission ETGT - Houston Texas, An initial $2 million dollar (1996 dollars) study, sponsored by Brown and Root and funded by ETGT, complied the 'Status' of a thirty block portion of downtown Houston Texas. It resulted further funding $4 million (1996) dollars, to develop a 25 year plan for the phasing of further development in Houston's Downtown area. It resulted in the re-development of 9 city blocks at an investment of over $1 billion (1996) dollars. Fort Motor Company - Dearborn Michigan - A $10 million (1996) dollar study of all existing facilities located on 5, 000 acres owned by the Ford Motor Company, resulted in the formation of Ford Motor Development Company, a Ford subsidiary which has grown into a mufti-billion dollar investment. Howard Hughes Las Vegas - This 1967 study encompassed over 100,000 of acreage in and surrounding Las Vegas owned by Mr. Hughes. It resulted in the establishment policy for the development of his property. Fortune 500 - Mr. Loarie performed facility audits for Rand McNally, Bankers Life Insurance, Morton-Norwich, Hoffman LaRoche, East Bay Newspapers, C.F. Industries, Northrop, Loyola Medical Center, and City of Chicago. Selected Projects Financial Audits Mr. Loarie has conducted four confidential construction field accounting and financial 'oversight audits (post construction), on Fortune 500 accounts, one being for the Department of Defense. These investigations looked at Contractor and Sub-contractor, progress payments, receivable, payable, invoices for labor and material, labor time sheets, project extras, quality of material substitution, specification compliance, field reports, and scheduling. Two of these investigations resulted in further action taken by the Customer to recover funds. DEFECTIVE CONSTRUCTION INVESTIGATIONS Mr. Loarie has coordinated on-site destructive testing, observation, and research on Fortune 500 facilities and provided expert witness testimony for the plaintiff at mediation. Selected Projects Chevron Oil Field Research - Chevron conducts Oil Field Research at Chevron required testing of all existing buildings (many built in the its LaHabra California property. Prior to initiation of new construction, 1930's). The area is located in a seismic area. Many of the older buildings showed signs of distress to building movement. The investigation resulted in determining that many of the older buildings had reached the end point of their usefulness. Chevron initiated a replacement process of the older facilities with newer and more efficient facilities. Mr. Loarie was the Principal Architect and provided Design/Build expertise on over $30 million (1996) dollars in new Research facilities. The completed projects were published in Fortune Magazine.. Rand McNally - Rand McNally experienced collapsed beam, joists and deck from a 100 year storm in Indianapolis at a primary printing facility. Defective construction investigation revealed that the roof drainage was insufficiently sized, thus contributing to an extreme roof load which exceeded the structural parameters of the building design. The study resulted in Mr. Loarie being nominated Construction Manager with the caveat that the facility be prepared in thirty days. The re-build was accomplished in 25 days, with complete governing agency approval and the plant was back in operation on the 26th day. The customer did not take any legal action in this matter. Upjohn - Upjohn has all its laboratory research and pharmaceutical production located in Kalamazoo Michigan. During the 1974 oil embargo the Central Services Plant had a boiler explosion. Mr. Loarie spearheaded a team of investigators to determine the cause. The investigation resulted in a contract to design and build a new Central Services Plant with the capability of both oil and coal fired boilers. Loyola Medical Center - Fifteen years after construction, Mr. Loarie conducted an investigation into failing; precast wall sections, interior plaster failure, poor indoor quality in the surgical sweets, and mold growing inside the walls. Results in the investigation indicated that the building had excessive negative pressure, which led to the numerous failures of building components. DUE DILIGENCE INVESTIGATION Mr. Loarie has performed numerous as-built property observations for a variety of facilities, including; manufacturing, high rise and low rise office buildings, warehousing, distribution centers, strip shopping, port facilities, docks, undeveloped land, and work in process. Due Diligence investigation included the assessment of all building systems, including; foundation, and support structure, building materials, glass and glazing, HVAC, plumbing, fire protection, electrical, process piping, manufacturing processes, air quality standards, emissions, seismic issues, life safety Richard Loarie, Arch itect,A.1.A.,page3 Richard Loarie; Arch itect,A.i.A.,page4 fish-flint Eft el issues, and accessibility. Such investigations resulted in a confidential report to the building owner, lender, or prospective purchaser. These reports described the general building condition, building operation, maintenance policies, maintenance procedures, required repairs, budget estimate of required repairs, and recommended maintenance. Selected Projects Travelers Insurance - Travelers committed to a new loan on a recently completed 25 story high-rise located in a southwest suburb. One week after the loan commitment was signed Travelers authorized Mr. Loarie to make a Due Diligence Investigation. The project had an enclose below grade garage surrounding the high rise structure constructed of pre stressed double-tees and ventilated by mechanical exhausts. The investigation found a substantial amount of the Tees failing, mechanical exhaust inoperative, improper structural connections, cardboard used as shims for concrete structural sections, and many other major building code violations. The report to the lender resulted in a substantial reorganization of the Traveler's loan policy and procedures. Prudential Insurance Company - In the fall of 1987 Prudential Insurance requested Mr. Loarie to report on 42 properties (Office, Warehousing, Distribution and Production facilities), located in Illinois, Wisconsin, Indiana and Michigan. The investigative report was scheduled over a 10 week period and focused on current condition of each property, maintenance and required repairs. Report results moderate repairs require for each property with the exception of three; two with severe repair requirements and one with 12 building code violations cited against it. All of these properties were liquidated from the Prudential portfolio prior to the year end of 1987. CONSTRUCTION PROJECT MANAGEMENT Mr. Loarie has managed the Building Construction Process 1962 through 1993. His duties included on definition of project organization, site construction management, pre-construction management, construction progress meetings, purchasing, expediting, estimating, scheduling, additional work authorizations, engineering change authorizations, change orders, shop drawing approvals, managing of all field personnel and sub- contractors, auditing construction accounts, cost containment reporting, labor and material reporting, scope compliance reporting, payments approvals, punch list, monthly status reporting, and authoring of the facility operations manual. Selected Projects Houston Astrodome 1963 - Officially named the Harris County Domed Stadium, and upon graduation from Cornell, Mr. Loarie was one of four Architects originally selected to design and manage this project. Mr. Loarie oversaw the construction phase of this project, which lasted 24 months. The Astrodome was the first indoor sports stadium built in the United States for both a National League Baseball team (seating 45,000) and a National Football 'League team (seating 55,000). It is air conditioned and measures 700 feet in diameter and rises 212 feet. Fisher Controls 1976 - Fisher controls manufactures process valves and electronic controls. Its main manufacturing plant covers 400,000 square feet for the manufacturing of specialty valves, some of which are the largest in the World. In 1975 Fisher need to build two facilities, one an engineering and research center and another an electronic control manufacturing facility. Fisher's business plan called for completion in 12 months. Mr. Loarie headed up a task force (from initial scope of work development to final punch list), which developed the scope of work with approvals in seven weeks, with construction beginning in the eighth week and finishing in 10 months. The contract was a cost incentive reduction contract, where by the Design/Build team shared in any job savings accrued from reduced cost due to efficiencies in time management. The project was completed on-time under budget and the project team shared in a 5% cost incentive. Security Pacific Data Operations Center 1982 - Mr. Loarie headed the marketing effort to Security Pacific, which resulted in a $250 million (1996) dollar contract. The 700,000 Square foot project was designed to process 2,500,000 bank checks per day, handle all financial data communications between 500 branch banks and employ Mr. Loarie named 2,500 persons. Cruel Architect, headed up the task force team to develop the scope of work, owner approvals, coordination of all engineering systems, and pre-construction. The completeness of Scope of Work resulted in a project being on-time and on-budget. Other Projects - There are many other Fortune 500 CM/PM projects which included; NBC television production facilities, FMC corporation, Caterpillar Tractor, P.H. Harnischfeger, Upjohn, Hoffman La-Roche Pharmaceuticals, Northrop, United Airlines, Emery Air freight, and Beckman Instruments. SCHEDULING Mr. Loarie managed all Critical Path Method of Scheduling for the worlds largest Design/Build corporation. Projects which utilized CPM were airline facilities, manufacturing plants, television stations, food processing plants, chemical plants, hospitals, newspaper printing, United States postal service, office and banking facilities. Over a twenty four month period, Mr. Loarie's scheduling task force produced and tracked over 60 CPM schedules, which contributed to on-time on-budget projects. Mr. Loarie cut Scheduling expense by 60% and increased scheduling production and monitoring 150%. Richard Loarie, Architect,A.I.A.,page5 NM= Richard Loarie, Arch itect,A.i.A.,page6 FACILITY MANAGEMENT EDUCATION Northrop Corporation - As Director of Capital Assets and Real Estate, Mr. Loarie had the responsibility of $650 million is capital expenditure for planned and programmed Facility expansion and development and $1.5 billion on the B-2 Stealth bomber production facility. Mr. Loarie's responsibilities included 20 million square feet of existing facilities World Wide and an undisclosed amount of secret production facilities for the United States Department of Defense. Master of Business Administration - Finance, 1978 University of Chicago, Honor Student Master of Architecture, 1962 Cornell University, Ithaca New York Bachelor of Architecture, 1960 Notre Dame College of Engineering, South Bend REGISTRATIONS Registered Architect N.C.A.R.B. (National Council of Architectural Registration Boards) (recommended for registration in all states and foreign European countries) Registrations: Arizona 1979 Illinois 1967 Texas 1967 # 12632 # 6220 # 3410 California 1979 Nevada 1979 Utah 1979 # C I 0 l 09 # 1218 # 929 Florida 1992 New Jersey 1989 N.C.A.R.B. 1967 #AR 14217 # 11421 # 7241 PROFESSIONAL AFFILIATIONS TEACHING American Institute of Architects #228615233 University of Chicago Alumni Club Cornell University Alumni Club Notre Dame Alumni Club Economics, Marketing Finance 1996 Architects Continuing Education - State of Florida l Richard S. Newman,, ]r.,,P.E. mom BACKGROUND Mr. Newman has more than twenty-six (26) years experience in the construction industry working at all levels of construction management on all types of construction projects including office buildings, hospitals, airports, prisons, hotels, convention centers, condominiums, schools, retail facilities, heavy construction (lock and dam), chemical process facilities, and power plant construction. He has extensive experience in preparing and updating schedules, preparing and updating cost control systems, analyzing costs, performing delay analysis and directing document preparation and administering construction for various projects. Mr. Newman has been qualified in both State and Federal Courts as a Cost Analyst Expert and a Scheduling Delay Expert. As a Special Projects Manager for national contractor, responsibilities included developing, analyzing and organizing major construction claims in Florida, Tennessee, Virginia, and North Carolina. Participated in all phases of claims from initial development to trial preparation and as an expert witness in trial. Settled, resolved and litigated approximately forty disputes totalling $15 Million on all types of commercial projects including hotels, hospitals, • airports, office complexes, high schools, parking garages, and condominiums. As Project Manager for national contractor, responsibilities included completion and resolution of disputes on a $34 Million Cancer Research Hospital in Tampa, Florida. Also involved in initial scheduling and cost controls of project. As an Operations Engineer for national contractor, responsible for preparing and updating CPM schedule on approximately seventy (70) projects totalling $750,000,000 worth of work. Also participated in the development of a new cost control systems for the contractor. Worked as Estimator, Office and Field Engineer, Projects Engineer, and Superintendent on various construction projects ranging in value from $6.0 Million to $100 Million. EXPERIENCE Brorpard and Dade County School Systems - Senior Consultant working with school agencies on six (6) major school projects totaling $61 million of new construction. Projects included: 1. Palm Cove Elementary (new), Pembroke Pines, FL $ 7.0 million 2. Welleby Elementary (new), Pembroke Pines, FL 6.0 million 3. Peskoe Middle School (new), Homestead, FL 7.0 million 4. Southridge Senior High School (addition/renovation) Miami, FL 10.0 million 5. Broward Community College (new), Broward County, FL 13.0 million 6. Robert Morgan Trade School (new), Miami, FL 18.0 million Scope of work for projects 1 through 5 above included review and analyze construction claims totaling $14.0 million (presented by General Richard S. Newman, Jr., P.E.,pa&2 W-MM Contractors) in efforts to achieve a negotiated settlement with Owner. Performed detailed issue, cost, and schedule analysis. Performed detailed scheduling of.work and updating on project 6 above. Other School Projects - Senior Projects Engineer involved in eleven (11) school projects totaling $109 million of new construction. Assisted in the preparing, monitoring, updating CPM schedules and cost reports on projects 1 through 5. Scope of work for projects 7 through 10 involved evaluation of contractor's claims for extra's totaling $3A million, and recommend to owners potential settlement range of claims. Scope of work on project 11 included assisting Electrical Contractor in preparing a delay claim against the owner. 1. Gaither Senior High School, Tampa, FL 2. Seminole Senior High School, Seminole, FL 3. Vanderbilt Science Complex, Nashville, TN 4. University of North Carolina, Chapel Hill, NC 5. University of South Florida, Tampa, FL 6. Northside Skill Center, Jacksonville, FL 7. West Connecticut State University Field house Danbury, CT 8. West Connecticut State University Garage, Danbury, CT 9. Perry High School, Peary, FL 10. University of Florida, President Bldgs, Gainesville, FL 11. Florida State University, Tallahassee, FL $14.0 million 13.0 million 6.0 million 16.0 million 6.0 million 12.0 million 15.0 million 8.0 million 14.0 million 5.0 million 2.0 million DetentiarlPolice Facilities, Miami, Florida and Houston, Texas - Projects Manager working with contractors and owners on four (4) major prison/police facilities totaling $165.0 million of new construction. Projects included: 1. Miami Detention Center, Miami, FL 1000 bed facility for FBOP $70.0 million 2. Metro-Dade Stockade, Miami, FL 1200 bed facility for Dade County, FL 42.0 million 3. Metro-Dade Police Headquarter, Miami, FL 275,000 sq. ft, facility with jail 1 30.0 million 4. Southwest Police Headquarters, Houston, TX 175,040 sq. R. facility with jail for City of Houston 18.0 million Scope of work on projects 2 and 3 above included performing schedule delay analysis for contractor, preparing demonstrative exhibits for trial, and trial testimony in State court. Projects 1 and 4 above was for governmental agencies; Department of Justice and the City of Houston. Work included performing issue and cost analysis, preparing demonstrative exhibits for trial, and trial/mediation testimony. i i 4 Richard S. Newman, Jr., P.E.,,pa&3 f "24111 R, id Airport Facilities - Projects/Operations Manager on five (5) major airport projects in the State of Florida. Worked with Engineering firm in the defense of a $26.0 million claim submitted by a general contractor in conjunction with construction of a new $150.0 million airport facility in West Palm Beach, Florida. Managed defense of claim by overseeing work of engineers, architects, and technicians in performing issue, schedule, and cost analyses. Work efforts resulted in negotiated settlement. Provided detailed CPM scheduling preparation, monitoring, and updating for contractor on following projects: 1. Orlando Airport, Orlando, FL New airport facility - Air sides A & B $42.0 million 2. Southwest Regional Airport, Ft. Myers, FL New terminal and air side buildings 20.0 million 3. West Palm Beach International Airport, West Palm Beach, FL Foundation work 3.0 million 4. Tampa International Airport, Tampa, FL Renovation plus expansion 36.0 million 5. West Palm Beach International Airport West Palm Beach, FL - New airport facilities 150.0 million Also implemented new cost control systems at projects, updated monthly, and insured accuracy and reliability of systems. Hospital Projects - Projects/Operations Engineer on eight (8) hospital projects totaling $282 million of new construction which included the following projects: 1. VA Hospital, Baltimore, MD (new) $100.0 million 2. VA Hospital, Biloxi, MS (renovation) 20.0 million 3. VA Hospital, Tampa, FL (addition) 6.0 million 4. Miami Heart Institute, Miami, FL (addition) 34.0 million 5. Healthpark, Ft. Myers, FL (new) 72.0 million 6. Cancer Research Facility, Tampa, FL (new) 40.0 million 7. Richmond Hospital, Richmond, VA (renovation) 6.0 million 8. Care Unit of Tampa, Tampa, FL (new) 4.0 million 9. Manatee Glens, Brandon, FL (addition) 4.0 million 10. Diabetes Research Institute, Miami, FL (new) 12.0 million On projects 1, 2 and 3 above, worked directly with Veterans Administration in negotiating final settlements on a total of $18.0 million of claimed extras by General Contractors. Scope of work included preparing issue, schedule, and cost analysis; recommendations to VA on settlements, and attending settlement conferences between VA and General Contractors in Washington, D.C. Worked with Miami Heart Institute in preparing a damage analysis against an Architect due to excessive errors and omissions on a $34.0 million renovation hospital project in Miami, Florida. Scope of work included Richard S. Newman, Jr., P.E.,page4 EM preparing a schedule delay analysis, a "second costs" impact analysis, and trial testimony in Federal Court in Miami, Florida. On projects 6, 7, and 8 above, worked with a General Contractor in preparing, monitoring, and updating CPM construction schedules and cost control systems. Also was involved in the preparation of three (3) major claims against the drywall installer, casework subcontractor, and landscape subcontractor at the Cancer Research Facility in Tampa, Florida. Claims preparation included issue, cost, and schedule analysis, prepared demonstrative exhibits for trial, and attended and testified at trials held in State Court and Federal Bankruptcy Court. Also served as Project Administrator on Cancer Research Facility. Worked with Owner on project 9 above to assist in defense of a claim by a general contractor. A negotiated settlement was achieved. Worked with Design group on project 10 above to assist in defense of a $3.0 million claim by the owner. Work on project is ongoing. Hotel Projects - Senior Operations Engineer for General Contractor on twelve (12) hotel projects totaling $160 million of new construction or renovation work. Major projects included: 1. Ritz-Carlton Hotel, Naples, FL 450 room luxury hotel $60.0 million 2. Boca Raton Hotel, Boca Raton, FL 200 room addition with service areas 20.0 million 3. Marriott Hotels, Orlando, FL and Jacksonville, FL 650 rooms 25.0 million 4. Hilton Hotels, Tampa & Pensacola, FL 16.0 million 5. Omni Hotel, Jacksonville, FL 14.0 million 6. Hyatt Hotel Renovation, Orlando, FL 6.0 million 7. Holiday Inn, Clearwater, FL and Memphis, TN 16.0 million 8. Radisson Hotel and Aquatic Center, Orlando, FL 8.0 million Responsibilities included management of construction at Hyatt Hotel, Orlando, Florida, preparing, updating, and monitoring CPM schedules and cost reports at all hotel projects; preparing, presenting, and negotiating a delay claim at the Ritz-Carlton Hotel; providing expert trial testimony for the casework installer at the Ritz-Carlton in State Court, Naples, Florida; preparing a detailed schedule analysis for trial presentation on the Boca Raton Hotel project; procurement of subcontractors and materials at the Marriott Hotel, Jacksonville, Florida. Special Projects • Worked for major general contractor as Project Manager with major responsibility to determine potential loss on various construction Richard S. Newman, Jr., P,L,pageS projects at the time of "buy-out" of the general contractor by a third party. The work included investigation of subcontractors and vendors of three (3) major projects in Florida totaling $50.0 million of new construction. Managed engineers, architects, and technicians in preparing our analysis and formulating opinions. Also performed cost/schedule progress evaluations, developed witness outlines for arbitration testimony, and attended arbitration in Pasadena, California. • Worked on Los Angeles Subway Tunnel System project ($186.0 million) documenting the progress of work after termination of General Contractor. Observed, documented, photographed, and video taped six (6) miles of subway tunnel in Los Angeles, California. Worked for major general contractor as Office Engineer on a $100 million lock and dam project on the Ohio River. Performed river hydrology analysis, monitored production performance at on-site concrete batch plant, and updated construction schedules and cost control systems. • Worked for general contractor as Field and Office Engineer, and Superintendent on two (2) power plant projects for Carolina Power & Light Company, Raleigh, North Carolina. Projects involved installation of environmental control devices totaling $55.0 million in new construction. Responsibilities included physical layout of project and structures, preparing and updating schedules and cost reports, supervision of project staff during the last phase of projects including start-up of all systems at plants. • Project Engineer on a $50.0 million chemical process facility for Hercules, Inc. in Brunswick, Georgia. Supervised several office engineers whose duties included estimating and procurement of construction materials, scheduling, and cost controls. Other Industrial/Manufacturing Facilities - Operations Engineer on various projects totaling $222.0 million of new construction. Projects included: 1. Florida Crushed Stone Facility, Brooksville, FL New cement plant $100.0 million 2. Nassau Recycling Plant, Columbia, SC Recycle of copper wiring 100.0 million 3. Rexham, inc., Monroe, NC Film processing facility 6.0 million 4. Robby's Sporting Goods, Bradenton, FL 4.0 million 5. Martin Marietta Micro Electronics Plant, Orlando, FL 12.0 million Scope of work included project scheduling at Rexham, Inc., and Martin Marietta, performing time/motion study at Nassau Recycling, defending Richard S. Newman, Jr., P. E.,pageb a subcontractor claim for the general contractor at Florida Crushed Stone, and preparing delay damage claim for the owners of Robby's Sporting Goods against the general contractor. Office Buildings - Operations Engineer for general contractor directly involved with the preparing and updating CPM schedules and cost reports on eight (8) office building projects totaling $70.0 million in new work. Projects ranged in size from two (2) story, 50,000 sq. ft. facility to twenty-two (22) story, 300,000 sq. ft. facility. 1. GTE Headquarters, Tampa, FL 350,000 sq. Ft., three story $24.0 million 2. Seminole Electric, Seminole, FL Two-story building 5.0 million 3. NCNB Headquarters 100,000 sq. ft. One story computer center 7.0 million 4. Arvida Financial Center, Boca Raton, FL 4.0 million 5. Metropolitan Life, Tampa, FL 3.0 million 6. The Plaza, St. Petersburg, FL Sixteen story building 8.0 million 7. One Clearlake Centre, West Palm Beach, FL Twenty-two story buildings 14.0 million 8. Westshore 500, Tampa, FL Ten story building 5.0 million Condominium Projects - Operations Engineer/Project Manager on five (5) condominium projects totaling $85.0 million in new construction. Projects included: 1. Monte Carlo Towers, Tampa, FL 26 story condominium $26.0 million 2. Aventura, Miami, FL 2 - 22 story buildings 14.0 million 3. Parkland Towers, Tampa, FL 9 story 6.0 million 4. Fountainview, West Palm Beach, FL 14.0 million 5. Marco Island Condominium, Marco Island, FL 10.0 million 6. Venetian Harbour, Miami, FL 15.0 million Scope of work included preparing and updating CPM schedules and cost control systems for projects I through 4 above. Worked with contractor in developing a delay/damage claim analysis against the Developer and prepared demonstrative exhibits for trial on project 5 and assisted a general contractor in defense of a claim for delay by the Developer on project 6. Retail Facilities - Office Engineer on five (5) retail projects totaling 23.0 million in new construction. Projects included: 1. Toys-R-Us Stores - 4 each $4.0 million Richard S. Newman, Jr., P.L,page7 2. Sears Catalog Distribution Center, Memphis TN 1.2 million sq. ft. 13,0 million 3. The Marketplace, Ft. Lauderdale, FL 6.0 million Scope of work included preparing and updating construction schedules, and cost reports, quality control of precast materials at Sears Center Project, defending sitework subcontractors claims against general contractor due to alleged delays and disruptions. Transportation/Highway Projects - Worked as a Project Manager assisting FDOT in defense of a claim presented by a contractor in conjunction with construction of a $6.0 million highway message signalization system on I-4 in Orange County, Florida. Estimator - Worked for general contractor and performed material quantity surveys and pricing for all types of commercial projects. EDUCATION University of Cincinnati - B.S., Civil Engineering REGISTRATIONS Professional Engineer - Florida, North Carolina Certified General Contractor - Florida PROFESSIONAL National Society of Professional Engineers AFFILIATIONS Florida Engineering Society Florida Engineers in Construction Society BACKGROUND Over 25 years experience in the construction and investigation fields in both public and private industries. Mr. Tait's expertise has been relied upon by insurance companies and financial institutions nationwide for over 20 years in condition and valuation assessments. He has developed a reputation as a problem solver by finding elusive problems in defective construction. In addition, Mr. Tait has been a qualified expert witness testifying in District, State and Federal court since the mid-1970's. Mr. Tait has taught construction, surveying, soils testing and concrete design at a community college thus keeping his ties to the academic world. HYDROLOGY Mr. Tait worked as director of Water Resource Planning at the Southwest Florida Water Management District prior to joining private industry where he was Vice President of a Water and Wastewater Construction/Management firm. His duties have ranged from oversight of an analytical chemical water laboratory, construction director of water and wastewater treatment plants to drafting the water regulations that became the guidelines for all the State of Florida's water laws. Selected Projects Hillsborough River Pollution Study - Identified the types of contaminants and their sources, which were causing the closing of swimming areas on the Hillsborough River. Division of Florida into (5) Water Management Districts. Peace River Spill - Directed study of four billion gallon phosphate spill into the Peace River, leading to successful $4.0 million lawsuit (State of Florida vs. City Service, Inc.) Green Swamp Flood Detention Area - Directed the study for and author of the five point Environmental Impact Statement on the 133 square mile detention Area. Supervised six persons, plus conducted extensive public relations with this and all projects in which he was involved. Ocala Lake - Directed study of advanced lake eutrophication of the area, in concert with Florida Game and Fresh Water Fish Commission. SWFWMD Rules & Regulations - Directed the formation of rules and regulations including surface water runoff, flood plain regulations, and consumptive use permitting. Tri County Water Use Plan - Directed the study for and author of the long range Tri County Water Use Plan, published January 1975. Study was in conjunction with Pasco, Hillsborough, Pinellas Counties and the Tampa Bay Regional planning Council. ' William W. Tait William W. Talt,page2 Hillsborough and Pasco Counties - Directed operation of over 50 water and sewer plants . Total value $2.5 million. Miramar - Ninety percent (90%) review of 12 MGD advanced wastewater facility. Value of $13.5 million. State of Florida - Throughout the state, supervised quantitative analytical chemical lab for point source pollution Wastewater Treatment Plants - Supervised the construction of 12 wastewater treatment plants ranging in size form 12,000 GPD to 1.2 MGD. Estimated value $2.2 million. FACILITY AUDITS Mr. Tait has directed and participated in facility audits of structures for owners of multiple facilities such as cities and municipalities. A facility audit is an evaluation of facility structures and major components. Facility audits typically result in a report that has an inventory of major facilities and their components, an assessment of their general conditions, a list of items requiring repair or maintenance, a schedule to perform those repairs and maintenance, and finally an estimated cost for these repair recommendations. Facility audits are intended to help the facility owners to create a maintenance program and to efficiently manage the repair and maintenance of their facility. A sampling of projects is included below. Selected Projects New Waterford Condominium, Naples, FL - Condominium turnover study. Estimated value $17.5 million. Vineyard Chardonnay Condominium, Naples, FL - Condominium turnover study. Estimated value $1.1 million. Perry's Ocean Edge Resort, Daytona Beach, FL - Structural investigation. Estimated value $20.0 million. Vistana Time Share Condominium, Oak Plantation, Kissimmee, FL - Estimated value $7.5 Million. DEFECTIVE CONSTRUCTION INVESTIGATIONS Mr. Tait has conducted destructive testing, observations and research on various projects ranging from single family residences to 12 miles of subway. Specializing in the identification of both overt and latent problems which are presently causing problems that will result in future failures. He has provided expert testimony from mediation to all levels of civil court. William W. Tait,page3 ME Selected Projects Whispering Pines SED - Water infiltration study of the School, estimated value $5.0 million. School Board of Broward County - Defect construction inventory for the for the following schools: A.' Palm Cove Elementary $7.0 million B. Welleby Elementary $6.0 million C. Tequesta Trace Middle $7.0 million D. Riverland Elementary $7.0 million E. Miramar Elementary $6.0 million F. Stirling Elementary $6.0 million G. Forest Glen Middle $7.0 million H. Hollywood Central Elementary $7.0 million I. Cross Creek SED $4.5 million J. Sawgrass Elementary $6.0 million K. William Dandy Middle $7.0 million L. V.S.Young Elementary $6.0 million M.S. Douglas High School, Florida - Defective construction'study for the School Board of Broward County for $32.0 million school. Richey Medical Center, New Port Richey, FL - Water infiltration study of a Medical Center. Estimated $2.8 million. Indian Cultural Center, FL - Water infiltration study of the Center. Estimated value $4.2 million. Peninsular Condominiums - Water infiltration study of Peninsular Condominium. Estimated Value $24.9 million. Los Angeles Metro Subway, Los Angeles, CA - Defective construction study for the subway. Estimated Value $186.0 million. Hurricane Opal - Directed the High-Point Rendel "Fast Action Response Team" after hurricane in October 1995. Vintage Bay Condominium, Marco Island, FL - Estimated $5.5 Million. CONSTRUCTION OVERSIGHT Mr, Tait has performed construction oversight for projects ranging from a $1,000,000 residence to $60 Million conunerciol projects. Duties included the initial constructibility studies to determine if the project could be constructed within the proposed budget, monthly site inspection and funds allocation. William W. Talt,pa&4 Selected Projects Puth Residence, Hobe Sound, FL - Estimated value $1.0 Million The Falls Shopping Center, Miami, FL - Constructability study of shopping plaza. Estimated value $60.0 million. Westgate Lakes, Orlando, FL - Constructability study and construction oversight for time share condominiums. Estimated value $60.0 million. Boot Ranch, Palm Harbor, FL - Construction oversight for apartment complex. Estimated value $4.9 million. GENERAL CONSTRUCTION Mr. Tait was president of an independent construction firm which specialized in custom projects in the Tampa Bay, Florida area. These ranged from small residential homes to the total renovation of a 185 unit apartment complex. Selected Projects Custom Homes - Built over 35 custom homes, estimated value $4.5 million. Four shopping plazas - estimated value $1.2 million. Recreation Centers - Three major recreation centers, estimated Value $1.5 million. Two multi family complexes totaling 78 units. Estimated value $6.5 million. MARINE SURVEYING Maritime Consultant requiring the knowledge of hull material and design, plumbing, electrical, engines (diesel and gasoline), as well as extensive knowledge of sailing and maritime procedures. To date has surveyed in excess of 1200 vessels ranging in size from 20' to 120'. He is on the list of approved surveyor's for over 20 banks nation wide and most major insurance companies including Lloyd's of London. EDUCATION University of South Florida - B.A. Chemistry/Geography Graduate School, Majored in Geography with emphasis on Water Resource Management REGISTRATIONS State Certified General Contractor #CGC 018650 State Certified Water Treatment Plant Operator, Inactive State Certified Wastewater Treatment Plant Operator, Inactive PADI Certified Scuba Diver PROFESSIONAL United States Coast Guard Ocean. Operator (Captain) AFFILIATIONS 0 . ? ? - ? era. ,.ta • .4.: •.-. ' v , Item #2 ?1_ . ?Aj r sr:•? ' '? w Clearwater City Commission Agenda Cover Memorandum Item # Meeting Date: _ SUBJECT: Funding for Consultant Services for Municipal Services Building, Police Headquarters Building and Parking Garage projects. RECOMMENDATION/NOTIONS Approve the transfer of $100,000 from the General Fund to the municipal Services Complex project (project 94602) for funding of other non-construction expenditures; approve the transfer of $100,000 in interest earnings on bond proceeds from the Improvement Revenue Bonds Construction Fund to the Improvement Revenue Bonds Debt Service Fund for the payment of principal and interest on the bonds, previously budgeted to be funded from General Fund revenues. 13 and that the appropriate officials be authorized to execute same. BACKGROUND: 0 The Improvement Revenue Bonds, Series 1995, were issued in an amount of $10,720,000, equal to the expected cost of the Police portion of the Municipal services complex less the costs of issuance. s From the time of the issuance of the bonds in February, 1995 through September 30, 1996, the unspent bond proceeds have earned interest of $607,054.74 which has been deposited in the Bond Construction Fund. • Principal and interest payments on the Improvement Revenue Bonds are approximately $750,000 per year. • The interest earnings on the bond proceeds are legally restricted to be used only for construction costs on the Police portion of the complex or to pay principal and/or interest on the bonds. 0 The non-construction expenditures relate to the project as a whose, therefore, only a portion of these costs could be paid out of the interest earnings on the bonds. laviewd by: orisinating Dept: Coats:,*sa9M ... Commission Action: Loot T? City Manager Total 0 ?o? ? Budget hasin N/A i?j P 0 0 13 Approved w/conditions g urc Risk Mgmt. MIA U"r Dept: Current F sea Yr. 0 Denied CIC N/A ACM Funding Sowco: C] Continued to: Other 13 Capital lap. Advertised: O Operating Attachments: Date: 13 other Paper: B N ed ui t R eq o r submitted bV: Affected Parties Appr lotion code: E None 0 Notified 315-94602 8 Not Required City Mana er t ?•S L +'li - 2 - aq Ksc consultant funding 11/21/96 0 Transferring $100,000 of interest earnings to the Debt Service Fund to pay interest and principal on the bonds will allow for a $100,000 reduction in transfers of General Fund money to the Debt service Fund. a h first quarter budget amendment will be made to reduce General Fund debt service transfers by $100,000 and increase transfers to the Capital Improvement Program (project 94602) by $100,000. 3/Q 4ZA_A_t? AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, RELATING TO -REGISTRATION OF LOBBYISTS, AMENDING SECTIONS 2.700 AND 2.703, CODE OF ORDINANCES, DELETING STAFF FROM THE PROVISIONS OF THE ORDINANCE ; PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA: 5ection_1, Section 2.700, Code of Ordinances, is amended to read as follows: Lobbying means oral communication with a member of the commission, a ---? board or gonsultant sta#, for the purpose of attempting to influence action or .--? inaction of any commissioner, any board member or staff cQflsultant for the purpose of encouraging the passage, defeat or modification of any proposal or recommendation. S€a# mea s th , fnanageF aRd t149 Gity attGOFRe 'I I y. in additi 1 on, staff shall mean any Gons ultanta-, T7_ _" . , SeGlion_2. Section 2.703, Code of Ordinances, is amended to read as follows: On April 1, 1997, and on April 1 of each year thereafter, the lobbyist shall submit to the city clerk a signed statement under oath listing all lobbying expenditures for the preceding year, the sources of the funds and an itemization as to amount expended for each commissioner, board member and staff nembef consultant. A statement shall be filed even if there was no expenditure during a reporting period. SQgti? on 3. This ordinance shall take effect immediately upon adoption. Ordinance No. 6111 -9B PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Rita Garvey, Mayor-Commissioner 'Approved as to form and Attest: legal sufficiency: Pamela K. Aldn, City Attorney Cynthia E. Goudeau, City Cleric .r e: - 5 " .1 Ordinance No. 6111-96 i ,. r' F' i r ' -?30 C? RFSiL N Ni. 96- A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA, ASSESSING CERTAIN REAL PROPERTY LOCATED IN IRA E. NICHOLSON'S ADDITION TO CLEARWATER, FLORIDA, HAVING A POST OFFICE ADDRESS OF 507 CEDAR STREET, CLEARWATER, FLORIDA, AS DESCRIBED MORE PARTICULARLY HEREIN, IN THE AMOUNT OF $3,133.00 FOR THE COSTS OF DEMOLITION INCURRED IN REMOVING A DANGEROUS STRUCTURE, WITHOUT THE CONSENT OF OWNER. WHEREAS, pursuant to Chapter 47 of the Clearwater Code of Ordinances and the Standard Building Code, the Building Official determined that certain real property described herein and the building situated thereon were unsafe, unsanitary, unfit for human habitation, and dangerous and detrimental to the health, safety, and general welfare of the community, and did not properly comply with the requirements of said Code, and found that an emergency existed which, in his opinion, involved danger to human life and health, and ordered the demolition of the building; and WHEREAS, the City of Clearwater has caused the demolition of the building, and the cost of such work should now be assessed as a lien on behalf of the City of Clearwater against the property; now, therefore, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF CLEA.RWATEI?, FLORIDA: && fig" The Building Official having ordered the demolition of the building situated on the following described property: The Westerly 50 feet of Lot 10, Block 3, Ira E. Nicholson's Addition to Clearwater, Florida Tarcel Number 09/29/15/60102/003/0100). Owner of record: Cleareather B. Gross and Louis E. Gross 915 North Garden Avenue Clearwater, FL 34615 G and the City of Clearwater having now completed said work, the City Commission does hereby assess and charge a lien on behalf of the City of Clearwater against the property for the necessary costs incurred as follows: TOTAL DEMOLITION COSTS $3,133.00 (See Attachment "A") Sedon.2. As soon as practicable, a Certificate of Indebtedness against the property for the amount of assessment shall be prepared, which certificate shall constitute alien prior to all other liens except the lien for takes. Said certificate, when issued, shall be payable to the City with interest at a rate of eight percent (8%) per annum. Section 3. The City Clerk is hereby directed to prepare a Notice of Lien in the amount of the assessment against said property, and to record the same in the Public Records of Pinellas County, Florida. Secdga 4. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this day of , 1996. Attest: Cynthia E. Goudeau City Clerk Approved as to form and legal sufficiency: John Carassas Assistant City Attorney Rita Garvey Mayor-Commissioner ATTACHMENT "A" Resolution 96-72 (5(Y7 Cedar Street - Clearwater, Florida) TASK NALOL - (Pinellas County Records for ownership) Various correspondence and telephone calls Purchase requisitions Take photographs TOTAL HOURS Six (6) hours 0 $25.00 per hour Film, developing, and prints Certified Mail and regular postage 1ltle Search - Sexton Title Services, Inc. Asbestos Survey - Occupational Health Conservation, Inc. Asbestos Removal - Lang Engineering of Florida Monitoring of Asbestos Removal - Occupational Health Conservation, Inc. Demolition (Howard rimmie's) We _ -- X 4 .1.01113_5;? UIEl1T AMOUNT 3a? T.ll?? 6 AMOUNT $150.00 14.84 3.48 65.00 530.00 0.00 0.00 2,370.00 $3,133.32 $3,133.00 i i i 3? b A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA, ASSESSING CERTAIN REAL PROPERTY LOCATED IN LAKEVIEW HEIGHTS, CLEARWATER, FLORIDA, HAVING A POST OFFICE ADDRESS OF 1325 TIOGA AVENUE, CLEARWATER, FLORIDA, AS DESCRIBED MORE PARTICULARLY HEREIN, IN THE AMOUNT OF $2,176.00 FOR THE COSTS OF DEMOLITION INCURRED IN REMOVING A DANGEROUS STRUCTURE, WITHOUT THE CONSENT OF OWNER. WHEREAS, pursuant to Chapter 47 of the Clearwater Code of Ordinances and the Standard Building Code, the Building Official determined that certain real property described herein and the building situated thereon were unsafe, unsanitary, unfit for human habitation, and dangerous and detrimental to the health, safety, and general welfare of the community, and did not properly comply with the requirements of said Code, and found that an emergency existed which, in his opinion, involved danger to human life and health, and ordered the demolition of the building; and WHEREAS, the City of Clearwater has caused the demolition of the building, and the cost of such work should now be assessed as a lien on behalf of the City of Clearwater against the property; now, therefore, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA: Win., The Building Official having ordered the demolition of the building situated on the following described property: Lot 9, Block B, Lakeview Heights (Parcel Number 22129115148978100010090 ). Owner of record: Bruce W. Bussy aka Bruce Wayne Bussy 1325 Tioga Avenue Clearwater, FL 34616 and the City of Clearwater having now completed said work, the City Commission does hereby assess and charge alien on behalf of the City of Clearwater against the property for the necessary. costs incurred as follows: TOTAL DEMOLFI ION COST'S $2,176.00 (See Attachment "A") Section 2. As soon as practicable, a Certificate of Indebtedness against the property for the amount of assessment shall be prepared, which certificate shall constitute a lien prior to all other liens except the lien for taxes. Said certificate, when issued, shall be payable to the City with interest at a rate of eight percent (8 %) per annum. Section 3. The City Clerk is hereby directed to prepare a Notice of Lien in the amount of the assessment against said property, and to record the same in the Public Records of Pinellas County, Florida. =&n This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this day of , 1996, Attest: Cynthia E. Goudeau City Clerk Approved as to form and legal sufficiency: ohn Carassas Assistant City Attorney Rita Garvey Mayor-Commissioner r? T 3 a b. ATTACHMENT "A" Resolution 96-73 (1325 Tioga Avenue - Clearwater, Florida} TASK NALOL - (Pinellas County Records for ownership) Various correspondence and telephone calls _ Purchase requisitions Take photographs °. TOTAL HOURS ' 13 t` AM s t Thirteen (13) hours 0 $25.00 per hour $325.00 Film, developing, and prints 24.28 Certified Mail and regular postage 12.00 ;;:.: .. Title Search - Sexton Title Services, Inc. 65.00 Asbestos Survey - Occupational Health Conservation, Inc. 250.00 Asbestos Removal - Lang Engineering of Florida 0.00 Monitoring of Asbestos Removal - Occupational Health Conservation, Inc. 0.00 Demoli don (Howard Jimmie's Inc.) 1500.00 TOTAL EXPENSES $2,176.28 LIEN AMOUNT $29176.00 i ??? ... ?..=.a•--wrrsrww.r?x+w?s..?. .. ? ,.. ... .. ...- ?. K. .. ,._. .. ...... ......•.... : nr..e , ?...., z:. .... .. ? .>. ?' ^; . . '3?? C. A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA, ASSESSING THE OWNERS OF PROPERTY THE COSTS OF HAVING MOWED OR CLEARED THE OWNERS' LOTS. WHEREAS, it has been determined by the City Commission of the City of Clearwater that, for the purpose of promoting the health, safety and general welfare of the citizens and residents of the City, real property within the City should be cleared of weeds, rubbish, debris and other noxious material; and WHEREAS, notice pursuant to Section 20.38, Code of Ordinances, was provided to the owner of each of the lots listed In Exhibit A, and the notice required each property owner to cause the violation to be remedied or to file a notice of appeal within 10 days after the date the property was posted; and WHEREAS, the property owners have failed to take remedial action within the time provided and have failed to file a notice of appeal within the time allowed, or appealed the notice of violation but failed to take remedial action within the time provided by the Code Enforcement Board, and it became necessary for the City to take remedial action; and WHEREAS, the owner of each lot listed on Exhibit A has been provided with a notice and opportunity within which to pay the costs and administrative charges set forth on Exhibit A, but no payments have been received; now, therefore, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA: $eciion I The City Commission fords the preamble hereof to be true and correct. 5edon.2. The City Commission hereby assesses a lien upon each parcel of real property listed on Exhibit A for the actual costs of mowing or clearing, plus administrative costs, as shown on Exhibit A. Sa n 3. The City Clerk is hereby directed to prepare a notice of lien against each property listed on Exhibit A and to record the same in the public records of Pinellas County, Florida. PASSED AND ADOPTED this day of .1996. Rita Garvey Mayor Commissioner Approved as to form and legal sufficiency: W n Carassas Assistant City Attorney Attest: Cynthia E. Goudeau City Clerk Resok&n No. W75 J•. M S_ x HST r T A I , 3? C ADMIN. PROPERTY OWNER LEGAL DESC,B J TION Cos C ARryz TDXAL. Home Savings of America Eastwood Terrace 3rd Add $ 125.00 200.00 $ 325.00 Blk E, Lot 22 'W S F Trust 816190 Greenwood Park #2 Blk E Lt 36 125.00 200.00 James Brooks Jr. & Lincoln Place Blk 2 Lot 6 125.00 200.00 a' Cleo Sommons Charles/Pearl Lombardo Palm Terrace Unit 2 Lot 49 138.72 200.00 Barbara A.- Parsons Palm Terrace Unit 2 Lot 54 141.45 200.00 c/d Freeland ,F 325.00 325.00 338.72 341.45 Jef€rey A. Torrtasevzc Sunset Lake Estates Unit: 2 137.25 200.00 337.25 334.80 t C1 A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA, ASSESSING CERTAIN REAL PROPERTY LOCATED IN GREENWOOD PARK NO. 2, CLEARWATER, FLORIDA, HAVING A POST OFFICE ADDRESS OF 1164 AND 1166 LASALLE STREET, CLEARWATER, FLORIDA, AS DESCRIBED MORE PARTICULARLY HEREIN, IN THE AMOUNT OF $2,963.00 FOR THE COSTS OF DEMOLI'T'ION INCURRED IN REMOVING A DANGEROUS STRUCTURE, WITHOUT THE CONSENT OF OWNER. WHEREAS, pursuant to Chapter 47 of the Clearwater Code of Ordinances and the Standard Building Code, the Building Official determined that certain real property described herein and the building situated thereon were unsafe, unsanitary, unfit for human habitation, and dangerous and detrimental to the health, safety, and general welfare of the community, and did not properly comply with the requirements of said Code, and found that an emergency existed which, in his opinion, involved danger to human life and health, and ordered the demolition of the building; and WHEREAS, the City of Clearwater has caused the demolition of the building, and the cost of such work should now be assessed as a lien on behalf of the City of Clearwater against the property; now, therefore, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA: motion 1. The Building Official having ordered the demolition of the building situated on the following described property: Greenwood Park No. 2 (Parcel Number 10/29/15133552/005/0650). Owner of record: Martha Gerald 1164 and 1166 LaSalle Street Clearwater, FL 34615 p r J and the City of Clearwater having now completed said work, the City Commission does hereby assess and charge a lien on behalf of the City of Clearwater against the property for the necessary costs incurred as follows: . 1 TOTAL DEMOLITION COSTS $2,963.00 (See Attachment "A") Section 2• As soon as practicable, a Certificate of Indebtedness against the property for the amount of assessment shall be prepared, which certificate shall constitute a lien prior to all other liens except the lien for taxes. Said certificate, when issued, shall be payable to the City with interest at a rate of eight percent (8 %) per annum. Section 3. The City Clerk is hereby directed to prepare a Notice of Lien in the amount of the assessment against said property, and to record the same in the Public Records of Pinellas County, Florida. qCgfi4IL 4. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this day of , 1996. Attest: Cynthia E. Goudeau City Clerk Approved as to form and legal sufficiency: ohn Carassas Assistant City Attorney Rita Garvey Mayor-Commissioner :3.rz d. ATTACHMENT "A" Resolution 96-76 (1164 and 1166, LaSalle Street - Clearwater, Florida) TASK NALOL - (Pinellas County Records for ownership) Various correspondence and telephone calls Purchase requisitions Take photographs TOTAL HOURS 10 UMMM AML??1.T Ten (10) hours t $25.00 per hour $250.00 Film, developing, and prints 14.84 Certified Mail and regular postage 3.48 71tle Search - Sexton Title Services, Inc' * 65.00 Asbestos Survey - Occupational Health Conservation, Inc. 250.00 Asbestos Removal - Lang Engineering of Florida 0.00 Monitoring of Asbestos Removal - Occupational Health Conservation, Inc. 0.00 Demolition (Howard Jimmie's Inc.) 2380.00 TOTAL EXPENSES $2963.32 LW9 AMOUNT $2963.00 . ? i 4 ' . 7 ? f 1 3q CITY OF CLEARWATER Interdepartmental Correspondence TO: Mayor and Commissioners FROM: ' Cynthia E. Goudeau, City Cler SUBJECT: December 2, 1996 Work Session COPIES: Elizabeth Deptula, City Manager DATE: November 20, 1996 Yesterday, ' we received a letter from the Tampa Bay Regional Planning Committee indicating its December meeting is to be held on December 2. This will be brought up under Verbal Reports to see.if you wish to change the start time for our Work Session of the same date r' to.1:00 p.m.. This would allow Commissioner Johnson to attend at least the morning portion of . rj; . the TBRPC meeting. rY+ E ' t jr . ; Preliminary Agenda (Worksession) alp,' t kY IF af! ' t PRELIMINARY AGENDA Clearwater City Commission Worksession - 9;00 A.M. - Monday, November 18, 1996 Service Awards FN FINANCE 1. Pension Plan Investment Philosophy - 9:00 a.m. 2. Public Hearing - Res. #96-71 - authorizing placement of liens on properties for unpaid utility bills GS GENERAL SERVICES 1. Purchase of diesel fuel from BP Oil Company, Atlanta, GA, for the period 12/16/96-12/16/97, at an est. $423,000 2. Purchase of unleaded gasoline from Louis Dreyfus Energy Corp., Atlanta, GA, for the period 12/16/96-12/15/97, at an est. $100,000 (Consent) 3. Purchase of fuel from Voyager Fleet Systems, Inc., Houston, TX, for the period 12/1/96- 11/30/97, with 1 year option to renew, at an est. annual $500,000 4. Contract renewal with Stringer Tire Company, Inc., Tampa, FL, for tire service, repair & replacement, for the period 111197-12131197, at an est. not to exceed $250,000 5. Contract for replacement of air conditioning equipment at City Hall to Superior Mechanical Systems, Inc., Clearwater, FL, for $204,900 IM INFORMATION MANAGEMENT 1. Technology Day Update (approx. 10:30 a.m.) PD POLICE 1. Agreement with Clearwater Housing Authority to provide police services and a computer learning lab with part-time tutor to Homer Villas, for 24 months, in exchange for $186,237 in federal grant funding and an additional $20,000 provided by CHA; approve related city expenditures of $44,957 (Consent) PR PARKS AND RECREATION 1. Contract for construction of new Sand Key Park to T.A. Cummings Construction, Tarpon Springs, FL, for $198,198 PW PUBLIC WORKS 1. Well Field Consultant Report - 1:00 p.m. EN ENGINEERING 1. Approve preparation of engineering plans to remove the Clearwater Beach Elevated Water Storage Tank from Mandalay Park (Consent) 2. Declare surplus to City needs a parcel lying in the NWIA of Sec. 7-29-16, being a portion of The Long Center lease premises, 1501 N. Belcher Rd., and approve grant of nonexclusive drainage easement to the Salvation Army, a Georgia Corporation, being joined in the easement grant by The Center Foundation, Inc., f/k/a Clearwater Youth Recreation Center, Inc., and The Pinellas Community Center, Inc., d/b/a The Long Center (Consent) 11/18/96 3. Contract to resurface Pier 60 parking lot to Golden Triangle Asphalt Paving Company, for an amount not to exceed $35,000 (Consent) 4. Proposed erosion control line on Sand Key CP CENTRAL PERMITTING 1. Public Hearing & First Reading Ords. #6103-96 & #6104-96 -,Annexation & RS-8 Zoning for property located at 3081 Cleveland St., Sec. 16-29-16 M&B 22.32 & 22.37 (City, A96-27) 2. (Cont. from 1117196) Public Hearing & First Reading Ord. #6092-96 - LDCA to allow funeral homes in P/SP zoning districts (LDCA96-18) CM ADMINISTRATION 1. Lobbyist Ordinance - Discussion 2. Award of Harborview Center electronic marquee to A.D. Systems, Ft. Myers, FL, for $55,000 CA LEGAL DEPARTMENT Second Reading Ordinances 1. Ord. #6093-96 - LDCA to establish additional supplementary conditional use permit standards consistent with the PPC Rules (LDCA96-19) 2. Ord. #6100-96 - LDCA to allow outdoor cafes in PISP and Open Space/Recreation zoning districts on Clearwater Beach (LDCA96-20) 3. Ord. #6105-96 - providing rate structure for Solid Waste Dept. to operate in the roll-off business in competition with private solid waste companies which includes leasing, servicing compactors and open-top containers, and approves investment of approx. $235,400 in additional containers and compactors to support the enterprise 4. Ord. #6107-96 - Proposed change to previously approved DR[ to allow: 1) land use conversion to office and/or hotel development for Parcel 4, Sec. 17-29-16, M&B 29.013 located within Park Place DR], and 2) reflect changes in ownership and configuration of parcels of property within the development (Park Place Land, LTD) 5. Ord. #6108-96 - Time Warner Franchise Agreement Resolutions 1. Res. #96-72 - Demolition Lien - 507 Cedar St., Ira E. Nicholson's Addition to Clearwater, Blk 3, part of Lot 10 {Gross) 2. Res. #96-73 - Demolition Lien - 1325 Tioga Ave., Lakeview Heights, Blk B, Lot 9 (Bussy) 3. Res. #96-75 - Assessing property owners the costs of having mowed or cleared owners' lots 4. Res. #96-76 - Demolition Lien - 1164 & 1166 LaSalle St., Greenwood Park No. 2. Lot 65 (Gerald) OTHER CITY ATTORNEY ITEMS City Manager Verbal Reports 1. Discussion of recommendation to hire an "Owners Representative" to assist in the completion of the buildings in the Services Complex Commission Discussion Items Other Commission Action Adjourn 11/18/96 2 F TO: Mayor Rita Garvey FROM: Betty J. Blunt, Confidential Clerk Receptionist COPIES: City Commissioners, Betty Deptula, Cyndie Goudcau SUBJECT: Presentation at the November 18, 1966 City Commission DATE: November 18, 1996 The following presentations will be made at the November 18, 1996 City Commission meeting: 10 years Larry Hamrell, Library Department (letter of appreciation, desk clock) Kate MacDonald, Police Department {letter of appreciation, wall clock) 15 years Carolyn Braaksma, Fire Department {letter of appreciation, plaque) William Held, Jr., Marine Department (letter of appreciation, plaque) David Crump, Jr., Public Works Department (letter of appreciation, plaque) Steven Jackson, General Services (letter of appreciation, plaque) Helen Werling, Finance/Utilities (letter of appreciation, plaque) 20 Earthine Rayner, Solid Waste getter of appreciation, watch with city seal) 25 yeas James McGee, Jr., Solid Waste (letter of appreciation, day off with pay, $100.00 dinner certlfleate) Robert Papa, General Services (letter of appreciation, day off with pay, $100.00 dinner certificate) 'EMMYEE OF THE MOM Employee of the Month for November, 1996 is James M. Lewin, Sr., Gas System. F e ?. 1 1 "` f 7 i ? : rr • :J J W t . _ _ f f i? i 114 (Ij 1 ?i o f f f g 71O i' j • r. 'Y !A rl ?tA: 's•1j4:,? s P :# o • o? F MOONS W U T? d? o ? U ? o .? ,a : ` :?' ` •: ?' ? ? , , .. ;??' i', 't tl;7 j ?il: },$U:t\js?ti?i?r I? is ?r i r. , }a`.7 i ' f S? d r.i ??T? ?Sry r i iti);?Y x '?f y ? . •' rx f ? sC _ t?? f ? C? Ll Now d" M W ? V N Q M 4-4 0 cn ¦ 1 E k } , r c•{ r 'r.? tr? S?z 4 .jL'.?ri t Q, LIB 7 J? som • f"¦1 i ? ? O O O ? ? o U U U ti o i s i 4-4 t?1?en•? r r 1l.?;;?f 'fir zs?y{: f ?1 i? • fx ?A?c,SSti:F v t"?'?SES ? a r K o u L a? a? ¦ 1 O o U 4-j 4) Q U r'-' ? cU CCS U ? .? ? ? F?-I C#O U c? • ?' cyd o O m cv 4-4 C/ r r r r r r i F i r, fi ri r, i i OWN C . so f i D W 4i ?f { F ri ,f SWOON w g 0 06 wi O t ?ff s W P? 6`5A N? 00 -+ 619? 69- It 00 qtt llqf 0 e'l oo cT o V 0? l _ { W `. t- V c4i 00 N C/I U . b O V •U a? 0 Q 0 A C7 ? V F I i ..p(!FULF•rw yF t f Q .r woofs INNS II MA V? 00 O tn ? 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V ? b"-n V) 131 W O V , 0 0. ? o f? 1 i 3 r(\ecV re -Puo I Presentation Summary Cleanwater City Commission Wellfield Management Plan November 11, 1996 BACKGROUND & RECOMMENDATIONS Camp Dresser and McKee Inc. and SDI Environmental Services, Inc. have assisted the City of Clearwater in evaluating its wellfield operations and in complying with the terms and conditions of its wellfield permit. The permit is a Water Use Permit issued by the SWFWMD on July, 25, 1989. The permit imposed specific restrictions on the supply of water from City-owned wells. The restrictions included limitations on the concentration of chlorides in water pumped from City wells. The City has constructed 66 wells since the 1920's; 17 of those wells continue to be used for water supply, seven are inactive. The balance have been abandoned for potable water supply purposes. The City had used its wells to meet the water needs of City residents until the demand exceeded local well capabilities. Most water used by the city is now purchased from Pinellas County Utilities with about 25% of total needs met using City wells. Because of the pattern of increased chlorides in City well water, the City and SWFWMD negotiated the preparation of a Wellfield Management Plan as a special permit condition to identify the most practical methods of wellfield operation for long-term water supply. The City hired CDM and SDI to assist in wellfield rehabilitation and evaluation work in response to the permit conditions. The Wellfield Management Plan responds to the salient permit requirements and presents a basis for permit re- negotiation and renewal in 1999. Wellfield rehabilitation and evaluation was planned in 1990 with an anticipated budget of $1,500,000. Costs incurred to date are in the order of $1,000,000. The Wellfield Management Plan presents two basic alternatives for consideration. Alternative 1 anticipates that wellfield operations would continue to provide water with treatment essentially limited to disinfection. Such operations would continue until either new drinking water regulations would increase the costs for local water supply, or chloride concentrations increased to levels which warranted well abandonment. Alternative 1 is estimated to have a cost of $240,000 and could provide for use of local water supply wells for a 5-10 year period. Alternative 2 anticipates that wellfield operations would be expanded to provide a water supply of about six million gallons per day (mgd). As either new drinking water regulations or chloride concentrations required more extensive treatment, new treatment facilities would be constructed to sustain the six mgd rate of local supply. Additional work to increase the rate of local supply would cost about $1,800,000. Treatment facilities are expected to cost in the order of $10,800,000. CDM and SDI recommend Alternative 2 for implementation. We also consider that Alternative 2 would be more appropriately implemented by Pinellas County Utilities. The Wellfield Management Plan has been reviewed with SWFWMD and Pinellas County Utilities staff. It is considered a reasonable plan for both permitting and implementation purposes. If acceptable to the City Commission, City staff, CDM and SDI will continue negotiations with SWFWMD and Pinellas County Utilities for implementation of Alternative 2. PRESENTATION Board: Location of Active, Inactive and Abandoned Water Supply Wells Discussion: This board illustrates the location of wells constructed for city water supply. Well locations and status reflect the history of development in the city and the general progression of development eastward and northward. New wells were constructed to reduce the costs for water main construction and to replace older wells which experienced unacceptable in water quality. Development in the city has progressed to an extent that sites available for new well construction are now severely limited. The city options for new water supply are now essentially limited to using less potable water through conservation and/or reclaimed water reuse, reliance on regional water supplies, reliance on limited supplies from existing, previously inactive wells and the potential use of brackish water supplies including sophisticated treatment processes. Board: Two Line Graphs Water Use and Population - 1977 thru 1995 Water Use and Wellfield Production - 1977 thru 1995 Discussion: This board emphasizes that the city has implemented water conservation practices to stabilize and reuse water demands. City Wellfield production has been declined due to efforts to limit the rate of chloride concentration changes and to respond to WUP conditions. Board: Generalized Geology Beneath the City Discussion: , This board and the next emphasize the Clearwater area geologic conditions studied in the technical analyses performed during this management plan preparation. The local geologic conditions comprise an upper clay confining units overlying the water producing limestone zones, and a lower clay semi-confining zones within the water producing limestones. The upper clay confining unit above the limestone severely limits groundwater recharge. The lower clay semi- confining units within the water producing limestones have the potential to restrict the upward movement of poor quality water from below (depending on the thickness and lateral extent of these semi-confining zones). Previous studies had suggested that wells constructed above these semi-confining zones might be somewhat protected from upward movement of poor quality water. It was anticipated that our investigations and testing would confirm that semi-confining units which could restrict the upward movement of poor quality water were widespread. Conditions observed and modeled however have confirmed that the semi-confining units do not provide sufficient protection of potable water supplies and generally allow upward movement of high chloride waters into the potable water lenses. This upward movement appears to be the primary cause of increased chlorides in existing wells. Board: Vertical Profiles Showing Generalized Distribution of Chloride Concentration of Groundwater Beneath the City of Clearwater Discussion: ¦ The City is located in a coastal margin with poor quality surface water on each side, and poor quality groundwater located below and on each side of potable groundwater supplies. ¦ The primary causes of high chlorides concentrations in groundwater pumped from city wells are: 1. wells drilled into zones containing poor quality water; 2. upward movement of poor quality water changes the vertical distribution of fresh and poor quality groundwaters; and 3. lateral movement of poor quality groundwater from the coastal margins. ¦ Previous studies considered that wells constructed above the semi- confining zones might be somewhat protected from upward movement of poor quality water. This could allow long-term operation of the wellfield to supply potable water without a need to construct treatment facilities to reduce chloride concentrations. The current data and computer modeling results, however, confirm that City well supplies will continue to increase in chloride concentrations and that long-term use of local wells will become dependent on treatment for chloride removal for potable supply. Board: Chloride Concentrations in Water from City Production Wells 52 and 58 Discussion: .The results of our investigations and testing indicate that a semi-confining unit which could restrict the upward movement of poor quality water is not widespread within the geology underlying the city. Chloride concentration increase seen at wells 52 and 58 may be typical for shallow wells within the city (note 250 mgll MCL for chlorides). Conclusions: Any wellfield operational scenario will result in changes in groundwater quality - eventually exceeding drinking water standards for chlorides. ¦ ¦ Historic response to increases in chloride concentrations (constructing new wells at new locations) now has limited potential due to the lack of suitable locations Any long-term plan for wellfield operations must anticipate development of treatment facilities to reduce the chloride concentration of groundwater pumped from the wells. Board: Brief description of Alternatives 1 and 2. Alternative 1 - Gradually phase out local wellfield operations as chloride concentrations increase and local water quality becomes unsuitable for potable supply without treatment. Alternative 2 - Continue local wellfield operations with eventual construction and operation of treatment processes for chloride reduction. Alternative 2 would probably incorporate a transfer of wellfield operations (and ownership) to Pinellas County Utilities for wellfield and treatment operations as part of the County system for potable water supply. Discussion: Cost of local groundwater with treatment will be equal to or greater than cost of water purchased from Pinellas County: Pinellas County Utilities staff are committed to meeting the water supply need of the City. Pinellas County Utilities staff have also indicated an interest in taking over wellfield operations and developing treatment facilities. i L . + ice... ...... .. -.n r ...._,............. .,? si.na .. - w .... . .. ...... ... ... ... i CITY OF CLEARWATER WELLFIELD MANAGEMENT PLAN August, 1996 SDI Environmental Services, Inc. 13911 North Date Mabry Hwy. Suite 201 Tampa, Florida 336181813-961-1935 and Camp Dresser & McKee Inc. 17757 U.S. 19 North, Suite 200 Clearwater, Florida 34624 I . ... .... . . > f e . -:kV EXECUTIVE SUMMARY The City of Clearwater (City) requested SDI Environmental Services, Inc. (SDI) and Camp Dresser and McKee, Inc. (CDM) to prepare a wellfield management plan. In response to regulatory and hydrogeological constraints, two wellfield management alternatives were developed. The information. used to develop the wellfield management alternatives came from testing of existing City wells, construction and testing of new City wells, review of water quality data, groundwater modeling, and interpretations of historical records of chloride concentrations in water from City production wells. It was the intent of this project to develop a wellfield management plan which would allow the City to obtain long-term water supply from both existing wells and a limited number of new wells without experiencing significant water quality changes. It was anticipated that aquifer testing and modeling results would show that, if properly located and constructed, wells within the hydrogeologic setting underlying the City of Clearwater could operate at 150 gallons per minute (gpm) to 200 gpm with only minor long-term changes in water quality. However, during this study, as discussed in the following report, it is now apparent that any wellfield operational scenario will result in water quality changes. Accordingly, any plan for long-term wellfield management must anticipate the future treatment of groundwater to reduce elevated chloride concentrations to meet drinking water standards. City of Clearwater Wellfleld Management Plan (SDI and CDM) Page vii The City has drilled about 66 production wells since the early 1920s. Currently, there are 17 active wells and 7 inactive wells (including two recently constructed wells). Historically, as chloride concentrations increased, wells were abandoned and new wells were drilled in areas which had not previously been used for potable water supply. Coupled with purchases of water from the Pinellas County Water System (PCWS), this approach has allowed the City to pump enough water locally to satisfy its water supply needs. However, the ability to continue this approach is now limited by availability of locations suitable for wellfield development. The two wellfield management alternatives take into consideration that groundwater from most of the City's production wells would inevitably show increasing trends in chloride concentrations regardless of well depth and pumping rate. One management alternative presents the option that the City start to gradually phase out wellfield operations by removing wells from service as soon as they start to produce water not suitable for potable use. This alternative would require that the City immediately start to negotiate with the PCWS for purchase of water to offset the water lost by removing wells from service. Cost to implement this plan is estimated to be approximately $240,000. This cost includes well modifications and plugging and abandonment of well and does not include _modifications to the City's water distribution system which may be needed after the City stops supplying groundwater to reservoir 1. It is recommended that prior to plugging and abandonment, discussions be held with Pinellas County (County) about transferring the wells to the County for I " future operation. M. City of Clearwater Wellfield Management Plan {5D1 and CDMi Page vial The second wellfield management alternative involves long-term weilfield operation to provide 5 to 6 million gallons per day (mgd) and future water treatment to reduce elevated chloride concentrations. This alternative is comprised of two phases. The first phase would require satisfactory negotiations with the Southwest Florida Water Management District (SWFWMD) to establish the conditions for future weilfield operation, evaluating and rehabilitating several existing wells, equipping several inactive wells for production and extending groundwater transmission lines to them, plugging and abandoning several wells, construction of new wells and extension of groundwater transmission lines to the new wells. Phase 2 would require the location of 'one or more treatment plant sites, and construction and operation of sophisticated water treatment facilities. Treatment would be provided to reduce the chloride concentration in groundwater pumped from the wellfield (and to comply with potential Safe Drinking Water Act {SDWAI amendments]. This alternative would require that the City start discussions with the County for the purpose of developing a cooperative approach toward future water treatment as a means for satisfying future City water needs. Wellfield improvements including new wells may allow the wellfield to produce 5 to 6 mgd of water for maybe 5 to 10 years before treatment would be required to reduce elevated chloride concentrations. In conjunction with the 10 mgd currently provided by the PCWS, 5 to 6 mgd from the wellfield would meet the City's current demands. Also, if the reuse of reclaimed water increases, the target quantity of 5 to 6 mgd would allow for some future increases in potable water demand. An important element in the plan is negotiations with SWFWMD for the purpose of agreeing that future regulatory City of Clearwater Welifleld Management Plan ISDI and CDMI Page ix a? emphasis should be placed on attempting to keep the rates of the inevitable water quality changes as small as possible through appropriate well construction, spacing, and pumping rates rather than on strict adherence to prescribed chloride concentration limits for'individual wells as is presently required in the City's Water Use Permit. Cost to implement Phase 1 of this wellfield management alternative is estimated to be approximately $1,800,000. The cost to develop treatment facilities during Phase 2 to treat up to 6 mgd of water from the wellfield could be approximately $10.8 million. 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Rice, Deputy City Manager Bob Keller, Assistant City Manager Bill Baird, Acting Assistant City Manager SUBJECT: Owner Representative Services DATE: November 15, 1996 During our recent discussions on the renovations to City Hall, the Commission expressed some concern regarding the burden of the additional responsibilities being added to our General Services staff, and specifically to Bill Baird in his role in overseeing the building projects. Bill and I have discussed the need to seek additional outside assistance as we complete the Municipal Services Building, the Police Headquarters and the Parking Garage. This assistance generally known as "owner representation" would include review and analysis of documents, auditing costs, determining secondary costs, developing punchlists for the City, and coordinating project closeout. The services for the Parking Garage would be more extensive and would include more specific monitoring of the progress of the job. The firms that provide these services have developed their expertise over a number of years and have been involved in numerous projects. This added review and oversight will assist us in completing these projects in cooperation with Dean Rowe and Creative Beers. I have asked the City Clerk to add this issue to the agenda for discussion at Monday's worksession. 0 PRINTED ON RECYCLED PAPER