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05/01/2003 CITY COMMISSION MEETING 05/01/03 NOTE: 04/28/03 PRELIMINARY (WS) AGENDA & PAPERWORK . THAT WAS IN P ACKET INITIALLY BUT THEN NOT CONTINUED ONTO THURSDAY'S COMMISSION AGENDA IS AT THE BACK OF THIS AGENDA PACK. ACTION AGENDA - CLEARWATER CITY COMMISSION MEETING Thursday, May 1, 2003 - 6:00 P.M, - Commission Chambers ITEM #1 - Invocation - Reverend Skip Dvornik of Calvary Baptist Church ITEM #2 - Pledqe of Alleqiance - Mayor ITEM #3 - Introductions, Awards and Presentations - Given a) Sister Cities Program - Richard Wisemiller b) Tampa Bay Regional Planning Council Environmental and Development awards c) Proclamations: 1) Elder Law Month May 2003 2) Civility Month May 2003 ITEM #4 - Approval of Minutes - 4/17/03 ACTION: Minutes approved as submitted. ITEM #5 - Citizens to be heard re items not on the Aqenda James Foley suggested adding a third lane to the roundabout to ease beach traffic congestion during peak season and opposed construction of more beach condominiums or motels due to limited street capacity. Maryann Kinq expressed concern beach motels are not permitted sufficient signage. She has started a group, Citizens for Small Business, to gather petition signatures requesting that freestanding signs remain, PUBLIC HEARINGS Second Reading Ordinances ITEM #6 - Ord 7107-03 - Approve the petition for Annexation of property located at 1779 Audrey Drive (Lot 37, Pinellas Terrace in Sec. 05-29-16) (ANX2003-01001) ACTION: Ordinance adopted. ITEM #7 - Ord 7108-03 - Approve a Land Use Plan Amendment from County Residential Low (RL) to City Residential Low (RL) for property located at 1779 Audrey Drive (Lot 37, Pinellas Terrace in Sec. 05-29-16) (ANX2003-01 001) ACTION: Ordinance adopted. ITEM #8 - Ord 7109-03 - Approve a Zoninq Atlas Amendment from County R-3, Sinqle-Family Residential District, to City LMDR. Low Medium Density Residential District for 1779 Audrey Drive (Lot 37, Pinellas Terrace in Sec. 05-29-16). ANX2003-01001 ACTION: Ordinance adopted. ITEM #9 - Ord 7110-03 - Approve the petition for Annexation of property located at 1740 Nursery Rd. (Lot 7, Block B. Douglas Manor Lake in Sec. 23-29-15). ANX2003-01002 ACTION: Ordinance adopted. ITEM #10 - Ord 7111-03 - Approve a Land Use Plan Amendment from County Residential Low (RL) to City Residential Low (RL) for property located at 1740 Nursery Rd. (Lot 7. Block B, Douglas Manor Lake in Sec. 23- 29-15). ANX2003-01002 ACTION: Ordinance adopted. ITEM #11 - Ord 7112-03 - Approve a Zoninq Atlas Amendment from County R-3, Single-Family Residential District, to the City LMDR. Low Medium Density Residential District for 1740 Nursery Rd. (Lot 7, Block B, Douglas Manor Lake in Sec. 23-29-15). ANX2003-01002 ACTION: Ordinance adopted. ITEM #12 - Ord 7113-03 - Approve the petition of Annexation of property located at 1714 Jade Ave.(Lot 9, Jade Heights Subdivision in Sec. 03-29-15). ANX2003-01003 ACTION: Ordinance adopted. Commission Action Agenda 2003-0403 1 ITEM #13 - Ord 7114-03 - Approve a Land Use Plan Amendment from County Residential Urban (RU) to City Residential Urban (RU) for property located at 1714 Jade Ave. (Lot 9, Jade Heights Subdivision in See, 03-29- 15). ANX2003-01 003 ACTION: Ordinance adopted. ITEM #14 - Ord 7115-03 - Approve a Zoninq Atlas Amendment from the County R-4. One, Two and Three Family Residential District, to the City LMDR, Low Medium Density Residential District for 1714 Jade Ave. (Lot 9, Jade Heights Subdivision in Sec, 03-29-15). ANX2003-01003 ACTION: Ordinance adopted, ITEM #15 - Ord 7116-03 - Approve a Land Use Plan Amendment from the Residential Low Medium (RLM) and Residential Urban (RU) cateqories to the Recreation/Open Space (R/OS) cateqorv for property located at 3035 Gulf-to-Bay Boulevard (a portion of Tract A, Myron Smith's Bay View Subdivision; a portion of Lots 2 & 3, Block 5, Revised Map of Town of Bay View; a portion of vacated County Road 31; and a portion of Lots 1 & 4 of Revised Map of Town of Bay View in Sec. 16-29-15). LUZ2003-01001 ACTION: Ordinance adopted. ITEM #16 - Ord 7117-03 - Approve a Zoninq Atlas Amendment from the County R-4, One. Two and Three Family Residential District and the City MHP. Mobile Home Park District to the OSR, Open Space Recreation District for property located at Gulf-to-Bay Boulevard (a portion of Tract A, Myron Smith's Bay View Subdivision; a portion of Lots 2 & 3, Block 5, Revised Map of Town of Bay View; a portion of vacated County Road 31; and a portion of Lots 1 & 4 of Revised Map of Town of Bay View in Sec. 16-29-15). LUZ2003-01001 ACTION: Ordinance adopted. CITY MANAGER REPORTS CONSENT AGENDA (Items #17-31) - Approved as submitted ITEM #17 - Approval of Purchases (& Declaration of Surplus) per Purchasinq Memorandum: a) Data Flow Systems, Inc., Melbourne, Florida - Labor and materials to upgrade the telemetry system at Lift Stations 2, 4,21,25,26,28, 41m 50,54 and 65 for $67,395. (PW/UTIL) b) McKim and Creed Engineers, Clearwater, Florida - Wellfield permit modification for $55,500. (PW/ENG) ITEM #18 - Award a contract to Don Reid Ford of Maitland, Florida, in the amount of $14.850 for the purchase of one (1) 2003 Ford Taurus 4-door Sedan, in accordance with Section 2.564(1 )(d), Code of Ordinances, Florida State Contract #070-001-03-1 and authorize funding through the City's Master Lease/Purchase Agreement. (OS) ITEM #19 - Approve the Renewal AQreement with Clearwater NeiQhborhood HousinQ Services for Community Housing Development Organization activities under the City's HOME Investment Partnership Program,(ED/HSG) ITEM #20 - Approve the Conditional AssiQnment of Lease for Room 4 in the Municipal Marina from Thomas C. and Patricia A. Wolkowsky, dba Pirates Pantry, to Denis A. and Cheryl L. White, dba Pirates Pantry. (MR) ITEM #21 - Approve the second amendment to the manaqement aqreement with the Clearwater Community Sailina Association (CCSA), adding yearly cost of living increases rather than percentage of revenues at the Clearwater Community Sailing Center. (MR) ITEM #22 - Accept qrant (totalinq $63,200 for 100% fundinq for three (3) summer camp proqrams) and approve the correspondinq aqreement from the Juvenile Welfare Board. (PR) ITEM #23 - Approve an aqreement between the District Board of Trustees of St. Petersburq Colleqe, Florida and the City of Clearwater for cash match funding of $36,146 for the period 01/01/03 through 12/31/03 for the AmeriCorps Pinellas Project for support of membership. (PO) Commission Action Agenda 2003-0403 2 of one ( 1 ) in accordance ;ter I conveyed by ~ddition. (PW) !r of Record, Floodplain -tto, Florida for ,tract amount !.:,. Inc. in the ~ater Project ard North lard North ) er and the ization and Tampa Bay :Juaqe required October 29, vithin Court the east. 3 ~.' . ~ '. , ,:q'\;'!.';. 'i~ :-;:. " ROLL NO. . . . \; \ ITEM #13 . Ord 7114-03 - Approve a Land Use Plan Amendment from County Residential Urban (RU) to City Residential Urban (RU) for property located at 1714 Jade Ave, (Lot 9, Jade Heights Subdivision in See, 03-29- 15). ANX2003-01003 ACTION: Ordinance adopted. ITEM #14 - Ord 7115-03 - Approve a Zoninq Atlas Amendment from the County R-4, One. Two and Three Family Residential District, to the City LMDR, Low Medium Density Residential District for 1714 Jade Ave. (Lot 9, Jade Heights Subdivision in See, 03-29-15). ANX2003-01003 ACTION: Ordinance adopted. ITEM #15 - Ord 7116-03 - Approve a Land Use Plan Amendment from the Residential Low Medium (RLM) and Residential Urban (RU) cateqories to the Recreation/Open Space (R/GS) cateqorv for property located at 3035 Gulf-to-Bay Boulevard (a portion of Tract A, Myron Smith's Bay View Subdivision; a portion of Lots 2 & 3, Block 5, Revised Map of Town of Bay View; a portion of vacated County Road 31; and a portion of Lots 1 & 4 of Revised Map of Town of Bay View in Sec. 16-29-15). LUZ2003-01001 ACTION: Ordinance adopted. ITEM #16 - Ord 7117 -03 - Approve a Zoninq Atlas Amendment from the County R-4, One, Two and Three Family Residential District and the City MHP, Mobile Home Park District to the OSR, Open Space Recreation District for property located at Gulf-to-Bay Boulevard (a portion of Tract A, Myron Smith's Bay View Subdivision; a portion of Lots 2 & 3, Block 5, Revised Map of Town of Bay View; a portion of vacated County Road 31; and a portion of Lots 1 & 4 of Revised Map of Town of Bay View in Sec. -16-29-15). LUZ2003-01001 ACTION: Ordinance adopted. CITY MANAGER REPORTS CONSENT AGENDA (Items #17-31) - Approved as submitted ITEM #17 - Approval of Purchases (& Declaration of Surplus) per Purchasing Memorandum: a) Data Flow Systems, Inc., Melbourne, Florida - Labor and materials to upgrade the telemetry system at Lift Stations 2, 4, 21, 25, 26, 28, 41 m 50, 54 and 65 for $67,395. (PW/UTIL) b) McKim and Creed Engineers, Clearwater, Florida - Wellfield permit modification for $55,500. (PW/ENG) ITEM #18 - Award a contract to Don Reid Ford of Maitland. Florida, in the amount of $14,850 for the purchase of one (1) 2003 Ford Taurus 4-door Sedan, in accordance with Section 2.564(1 )(d), Code of Ordinances, Florida State Contract #070-001-03-1 and authorize funding through the City's Master Lease/Purchase Agreement. (OS) ITEM #19 - Approve the Renewal Aoreement with Clearwater Neiohborhood Housino Services for Community Housing Development Organization activities under the City's HOME Investment Partnership Program.(ED/HSG) ITEM #20 - Approve the Conditional Assionment of Lease for Room 4 in the Municipal Marina from Thomas C. and Patricia A. Wolkowsky, dba Pirates Pantry, to Denis A. and Cheryl L. White, dba Pirates Pantry. (MR) ITEM #21 - Approve the second amendment to the manaqement aoreement with the Clearwater Community Sailino Association (CCSA), adding yearly cost of living increases rather than percentage of revenues at the Clearwater Community Sailing Center. (MR) ITEM #22 - Accept qrant (totalinq $63,200 for 100% fundinq for three (3) summer camp proqrams) and approve the correspondinq aqreement from the Juvenile Welfare Board. (PR) ITEM #23 - Approve an agreement between the District Board of Trustees of St. Petersburo Colleqe, Florida and the City of Clearwater for cash match funding of $36,146 for the period 01/01/03 through 12/31/03 for the AmeriCorps Pinel/as Project for support of membership. (PO) Commission Action Agenda 2003-0403 2 ITEM #24 - Award a contract to Atlantic Truck Center, Ft. Lauderdale, Florida for the purchase of one (1) 2003 Sterlinq L T 9500 Roll Off Truck, at a cost of $102,691 which was the lowest Bid received in accordance with the specifications of City of Clearwater Bid #43-01; and authorize financing under City's Master Lease/Purchase Financing Agreement. (SW/GS) ITEM #25 - Accept a perpetual 5-foot drainaqe and utility easement (dated February 14,2003) conveyed by Eilnar R. and Catherine B. Kristensen. over and across E 5' ofW 10' of Lot 160. Fair Oaks 4th Addition. (PW) ITEM #26 - Approve work order with Parsons Enqineerinq Science, Inc, of Tampa, an Engineer of Record. for additional funds and revised scope, for the design and permitting for the Kapok Wetland and Floodplain Restoration Project in the amount of $97,770 for a total of $412,906. (PW) ITEM #27 - Ratify and confirm Chanqe Order #1 to Westra Construction Corporation of Palmetto, Florida for the Beach Pump Station Improvements Phase II Contract (99-0074-UT). which increases the contract amount by $300,079,19 for a new total contract amount of $1.025,814.19. (PW) ITEM #28 - Ratify and Confirm the approval of a purchase order with Kearnev Development Co., Inc. in the amount of $90,240 for construction services as part of the Seville & Sunset Drive Reclaimed Water Project (02-0103-UT) (PW) ITEM #29 - Approve the final plat for "The MoorinQs Townhomes I" located on Bayway Boulevard North approximately 800 feet east of the intersection of Hamden Drive and Gulfview Boulevard. (PW) ITEM #30 - Approve the final plat for "The MoorinQs Townhomes II" located on Bayway Boulevard North approximately 1,400 feet east of the intersection of Hamden Drive and Gulfview Boulevard. (PW) ITEM #31 - Approve a Local AQencv ProQram (LAP) Aqreement between the City of Clearwater and the Florida Department of Transportation (FOOT) in the amount of $341.960 for installation of sicmalization and driveways on SR 60 at Damascus Road; and approve a work order in the amount of $79,160 to Tampa Bay Engineering, an Engineer-of-Record, for the design of the project. (PW) OTHER ITEMS ON CITY MANAGER REPORT ITEM #32 - Adopt Res 03-22 reqardinq the Community Redevelopment Aqencv to reflect lanquaqe required by Resolution 02-287 as adopted by the Board of County Commissioners of Pinellas County on October 29, 2002. (ED/HSG) ACTION: Approved. Resolution adopted. ITEM #33 - Approve Parks & Recreation Board recommendation namino City property located within Court Street to the south, Prospect Avenue to the west, Park Street to the north, and Ewing Avenue to the east, Freedom Lake Park. (PR) ACTION: To be reconsidered in 6 months. ITEM #34 - Update re IAFF contract neootiations. ACTION: Update given. ITEM #35 - Other Pendinq Matters - None. CITY ATTORNEY REPORTS ITEM #36 - Other City Attorney Items - None. ITEM #37 - City Manaoer Verbal Reports - None. Commission Action Agenda 2003-0403 3 ITEM #38 - Commission Discussion Items a) Traffic Information Radio - Commissioner Jonson ACTION: Terminate traffic information radio transmissions designed to alleviate Spring Break traffic AND recommended limiting Drew Street closings for Coachman Park activities until new bridge is complete. ITEM #39 - Other Commission Action Hibbard and Aunqst offered condolences to City Clerk Cyndie Goudeau and her family, to the family of Dick Duncan, and to Congressman Mike Bilirakis on the recent loss of his brother. Hibbard and Gray thanked Parks & Recreation staff for last weekend's concerts and the great job they do. Gray invited residents to the 5/6/03 fundraiser at Fresh Market benefiting the Library Foundation Capital Campaign. Jonson reviewed changes to legislation regarding Tampa Bay Water under consideration by the Florida Legislature and discussed potential impacts. He recommended adopting a resolution that opposes any amendment that jeopardizes Tampa Bay Water, its members, or its credit ratings ACTION: Resolution 03-24 adopted. Jonson said on 4/30/03 he and Gray had attended the transportation governance discussion. Consensus seemed to favor an independent district that would have to absorb PST A. Gray stated any change requires legislative action. Jonson invited those interested in serving on the Tampa Bay Estuary Citizen Advisory Committee to contact him. Jonson and Aunqst congratulated Carlen Petersen and Doug Williams for being crowned last night as Mr. And Mrs. Countryside at the Countryside Country Club. Jonson said he is part of a group requesting the State to invalidate Pinellas County's settlement with Clear Channel Outdoor Inc, on the grounds that it violates Florida law and the County's Comprehensive Land-Use Plan. Jonson said recently he had visited Clearwater beach, and was impressed with its beauty. Hamilton thanked Alan Mayberry for his efforts on Arbor Day and congratulated him for the City having been designated a Tree City for the 2151 consecutive year Hamilton said he had attended the Airpark Open House on 4/26/03, and thanked FBO Dave King for providing him an air tour of the City. Hamilton thanked Cleveland Street businesses for their sacrifice while parking was removed from the south side of the street to ease Spring Break traffic delays. The street has been restriped with parking spaces. Aunqst said on 4/30/03, he had appeared with Mayor loirio of Tampa and Mayor Baker of St. Petersburg in a PSA promoting vacationing in Tampa Bay. He also had recent regional discussions with the two mayors at a meeting at the Radisson Hotel on Ulmerton Road. He said there is a good relationship between the cities. Aunqst said today he had welcomed ex-Prisoners of War at their annual reunion on Clearwater beach. Aunqst said Law Day will be observed on 5/2/03 at the Harborview Center. Commission Action Agenda 2003-0403 4 ! Cinco de the public is Free Clinic. II service at ent. 5 ITEM #38 - Commission Discussion Items a) Traffic Information Radio - Commissioner Jonson ACTION: Terminate traffic information radio transmissions designed to alleviate Spring Break traffic AND recommended limiting Drew Street closings for Coachman Park activities until new bridge is complete. ITEM #39 - Other Commission Action Hibbard and Aunqst offered condolences to City Clerk Cyndie Goudeau and her family, to the family of Dick Duncan, and to Congressman Mike Bilirakis on the recent loss of his brother. Hibbard and Gray thanked Parks & Recreation staff for last weekend's concerts and the great job they do. Gray invited residents to the 5/6/03 fundraiser at Fresh Market benefiting the Library Foundation Capital Campaign. Jonson reviewed changes to legislation regarding Tampa Bay Water under consideration by the Florida Legislature and discussed potential impacts. He recommended adopting a resolution that opposes any amendment that jeopardizes Tampa Bay Water, its members, or its credit ratings ACTION: Resolution 03-24 adopted. Jonson said on 4/30/03 he and Gray had attended the transportation governance discussion. Consensus seemed to favor an independent district that would have to absorb PSTA. Gray stated any change requires legislative action. Jonson invited those interested in serving on the Tampa Bay Estuary Citizen Advisory Committee to contact him. Jonson and Aunqst congratulated Carlen Petersen and Doug Williams for being crowned last night as Mr. And Mrs. Countryside at the Countryside Country Club. Jonson said he is part of a group requesting the State to invalidate Pinellas County's settlement with Clear Channel Outdoor Inc, on the grounds that it violates Florida law and the County's Comprehensive Land-Use Plan. Jonson said recently he had visited Clearwater beach, and was impressed with its beauty. Hamilton thanked Alan Mayberry for his efforts on Arbor Day and congratulated him for the City having been designated a Tree City for the 21 sl consecutive year Hamilton said he had attended the Airpark Open House on 4/26/03, and thanked FBO Dave King for providing him an air tour of the City. Hamilton thanked Cleveland Street businesses for their sacrifice while parking was removed from the south side of the street to ease Spring Break traffic delays. The street has been restriped with parking spaces. Aunqst said on 4/30/03, he had appeared with Mayor loirio of Tampa and Mayor Baker of St. Petersburg in a PSA promoting vacationing in Tampa Bay. He also had recent regional discussions with the two mayors at a meeting at the Radisson Hotel on Ulmerton Road. He said there is a good relationship between the cities. Aunqst said today he had welcomed ex-Prisoners of War at their annual reunion on Clearwater beach. Aunqst said Law Day will be observed on 5/2/03 at the Harborview Center. Commission Action Agenda 2003-0403 4 Aunqst said on 5/3/03, he and Governor Soto of Hidalgo, Mexico will welcome those attending the Cinco de Mayo celebration at Coachman Park, which begins at 3:00 p.m. AunQst invited residents to attend the Fun Nt Sun parade on 5/3/03 at 7:00 p.m. After the parade, the public is invited to attend Ye Mystic Krewe's fundraiser at the Harborview Center to benefit the Clearwater Free Clinic. AunQst said Hamilton will represent him on 5/9/03 at 10:00 a.m. at the 22nd annual police memorial service at Station Square Park with the Fraternal Order of Police Lodge #10 and Clearwater Police Department. AunQst announced the next Work Session is on 5/12/03 at 1 :00 p.m. ITEM #40 - Adiournment - 7:20 p.m. Commission Action Agenda 2003-0403 5 --'I ., ..JCL Clearwater Sister Cities Nagano Middle Schools [} Other Uisits U I S ION: To establish a program where middle school students will haue the opportunity to trauel to our sister city of "iagana, stay wIth a Japanese famIly and at tend a Japanese middle school for a week during summer IJreak. GOALS: 1. Set procedures for selection of students for Japanese trips. 2. To establish realistic capacity of Nagano to accommodate students and staff 3. Establish guidelines so that all stake holders can be included in future trips. PROCEDURE: 1. Meet with Clearwater City officials to outline eHpectations for trip. 1. Meet with Sister City officials to outline eHpectations for trip. 3. Meet with Pinellas County School Board to to establish impact and limitations of school inuoluement. 4. Look into process of how to aCQuire state grant., to help in fees f} eHpenses required for trip. 2 H H 3 TR I P: Right now we are in the final process of an eHploratory trip which inuolues four teachers traueling to Nagano. RlI Clearwater middle school teachers were inuited. Three teachers from Clearwater I ntermediate and one from Dunedin Middle are set to attend this trip. (Mytre Sachs is still considering trip as sister city representatiue). We haue requested 4 home stays for the first week in June, and are requesting meeting between Nagano's Sist er City, Nagano School Board and Nagano City Offices to establish procedures and eHpectations for future trips inuoluing children. The teachers that are going on the May 2993 trip will eHperience the same trip, transportation, and accommodations as the students. The teachers will stay in youth hostels and uisit different middle schools. They will then compile a report for both the school board and sister city organizations. NEE 0 S: I n order to commence wit h these plans we are in need of input from all board members. Thank you in aduance for coming to the meeting and hope to see you June 25th at Sushi Ren 6:99 p.m. This restaurant is located on Tampa Road east of Lake Saint George road and west of McMullen Booth Road. Please call to RSUP or for specific directions.(727) 743-4518 or home number (727) 596- 1982. Sincerely, Richard T Wisemiller Jj ~ /0 1) 0/\ PETITIO:\' TO REQl'FST TIIAT TIlE CITY OF CLF:\R\V.-\TER ell:\ 'GF TilE SIGN ORf)I~:\N(TS TO :\CTl':\LLY HELP PRO\10TE 1<:(:0:\0:\11<: \\'ELL-BEIi\;G AS PROCL:\I \II-:[) 1:\ THE SIG0: ORDI'-.;:\\:CFS DOCUi\lF'T TIIAT SPITIFIC ALL \' TIlE CLE:\R W.-\TER BEACH TOl'IUST AREA 1l:\S CERT.\IN li'\IQL'E CIRCU\IST:\:\CES E:\COLi~TERED BY NO'\-IIIGII-RISF IIOTEI.S/\IOTELSRESORTS Wlllell \\',\RR:\ '\TS TilE .,\L1.0W:\ '\CT. OF FREESTANDING S]Gl\:S Or- THE CII:\RACTER ALREAD\' EST:\HLISHED. I. \lost of the motels and other businesses han~ parallel parking on their properties abutting the streets which makes it impossible to have four or six footll1ol1ull1ent signs as they cannot be seen over cars and especially vans ") \Iost of the existing signs are Ih~l'standing. olwiollsly fairly strong to ha\'C.~ endured various storms and hurricanes. 3. For hotels their \'iability depends 011 the eas~' \ isibilit~, ot'their signs primarily. and on aesthetics of signs and hotel premises Since 9-11. as much as 5000 or more of their business depends 011 dri\'e-by tratlic This makes it IMPERATI\'F for ECONO\tlC WELL-BEING that the signs arc \ery yisiblc and high cnough and easy enough tn read for tourists driving by_ ~L If dri,'ing tourists are.? forced to look for attached signs tlat on buildings they will be.? having to turn their heads side\\'a~'s. looking side to side. creating a potential driving liability. as tested. \lany of the sidewalks are not conliguous or arc non-existent forcing walkers to be in the street between parked cars and mo\ing tranic in thc street. Not having motorists keeping their eyes on the road while looking tor resons will pose a tranic liability. both tor pedestrians and physical objects li\.;e cars, Just try it yourselC driving while looking side to side for signs flat on buildings. \'ersus driving and seeing freestanding signs extending above eight tect of post while looking out in front Of~'OlL This will show one the dilTerence ill driving safetyt 5. Nationwide. 75 ~'O of revenues come from sma) I businesses. not th)111 gia III businesses_ If Clearwater mOlels and olher businesses are not helped by the city' to survive by aIlO\\'ing for viability and growth. these will be forced to sell Olltto "big" husincss which will .llQj be helping Clearwater Beach, In surveying tourists as of this date. almost all of them have.? said they come to Clearwater Beach because ol'the smaller \lom and Pop mOlds and would probably not continue to come il'there \\ere a lot of high-rises. ~lany cOl11mcnts about liking the "t1avor" and "nostalgia" were made, They had no complaints about lhe signs. their size or aesthetics, But in fact there were Illany I:Olllments about how the signs wem along with the flavor and nostalgia of the area on Cleanvatcr l1caeh. Why would one want (0 change the character ofClearwatcr Beach when the tourists are coming for that reason'.' Why do we have a sign ordinance making it more dit1icult 1<)1' small businesses. cspcciall~' motels. to survive') () Why do we wanl CW Beach 10 be the sallle as ~v1ial1li Beach OJ' Sand Key (which allows practically no public access to OUR be.lches)" Why don't YOll ask us what we want') \laybe wc like lhcrc to be different areas 01'('\\' that look different from other areas l\1aybe we like there to he the "filly"s" look along with a more modern It'ok i " We don"t want tl) be a Tallahassee or Palm Beach WE \\ant to he our own Clearwater and Clearwater Beach. 7 We \\ant the lj'eestanding signs to remain Repairs and alterations need 10 be allowed 10 exislin!!- /i'eeslanding signs We \Vanl them a \'iablL' size in keeping with most or lhc existing signs ~c\\ signs should be frceslanding as well to maintain the cOlllinllolls look and l1aHlJ' and allo\\' for I;lir competition N:\\tE (print & sign) BUSl :-\ESS (name & address) DATE 2 I Sea Star Beach Resort I .1 \ . '- j I-J 326 lIamdcn Dr, y Clearwater, Fl. 33767 '1 l. -- '! . I t, I April 29, 2003 HISTORY OF FREESTANDING BUSINESS SIGN FOR SEA STAR RESORT, 326 HAMDEN DR., CLEARWATER BEACH The owners are Jay and Manna Shah who purchased the 3 parcels in 1984, There were three freestanding signs. two on the west side of the road near the motel buildings and one across the road on the bay (Intercoastal) side. I, In 1984. two signs were removed leaving one freestanding sign as the main sign near the buildings. 2. Hurricane Elena-1985-top of the main sign, two wings going up with a "star" symbol, came off; sign co. replaced just the plastic faces that were broken- no pemlit required, 3. No~name Storm of the Century-1993-two plastic faces were repaired, the Insurance Co. and sign co. handled it. 4, In May 2002-Jay contacted R & S Sign & Lighting Co,-Jose Arazo, owner- to make a better, safer, more aesthetic sign b~cause the sign faces werc damaged anyway. Jay told him to go to the City (Clearwater) and check out what permits werc needed, if any. Jose (R & S Signs) told Jay that he had gone to the City and there was no problem, presenting it to Jay as just reoair because the base and the upr'ight steel poles were not being alter'cd. Jay, with Manna being very emphatic about it, had Jose initial a written statement on the contract that said -if there is any problem with this repaired sign with the city/county, R&S Sign Co. and Jose Azara wiII take care of it themselves and will be fully responsibIe- So IN GOOD FAITH, JAY HAD THE SIGN IMPROVED. It has since been learned that Jose never did go to the City and was lying to Ja)' and Manna- this fact was told to Jay and a witness, Marian, by Mary Jo Fox of the City of Clearwater, Design Service Dept., Commuinity Response Team (see later meeting with Ms. Fox). 5, Noticc of Violation (BI22003-00234) received about end of Feb. 2003-gave deadline of 3- 31-03-Jay did not call the City right away because he tried to reach the sign contractor, R&S, to handle it as that was paid for and advised by Jose (R&S Sign) if there were any problems. Jay felt he couldn't answer technical questions, so he was depending on Jose. Jay called him over 100 times over the next few weeks leaving messages with his wife and answering machine. No return calls were made. Finally on 3-28-03 Jay reached Jose who faxed Jay his own fax # (attachment) so Jay could fax the Notice of Violation to him. Jay told Jose to "please give me a call right away and let me know the outcome". Jose didn't call. Jay kept calling him again. 6. The deadline had now passed without any help from Jose. So Jay called Mary Jo Fox for help and she advised that he pay the $81 violation tine as tirst priority. He did that on April 16. She said he had one week to take the sign down or apply for a permit for a conforming permit. Jay still didn't have any real data that the sign was not O.K. other than the lack of permit which he, in good faith, thought had been handled when the sign was fixed. Jay has been perfectly willing to get the permit, post action, but did not know how to apply for it. Jay called Commissioner Frank Hibbard to help, Mr. Hibbard went to Sea Star Resort to see 1-- ; -) the sign and meet with Jay, He asked for paperwork and said he'd ~ee what he could do. While there, Mr, Hibbard and Jay tried to call Jose and got only an answering machine. Within a couple of days Mr, Hibbard called Jay and said to pay the now due fine (having passed the deadline)and see Ms. Fox and they would give him an extension and try to work out a compromise, 7. On 4/22, Jay had a friend, Lance, try to contact Jose, Jose answered but hung UR when he heard Jay's voice in the background. 8. On 4/23, Jay and Marian, a friend, went to see Ms, Fox but the office was closed at 2:30p,m, 9. On 4/24, Jay and Marian met with Ms, Fox in the morning, Jay asked for information and was given a copy of the Division 18 Sign Ordinances and the Comprehensive Sign Probrrum and an application for sign permit. Jay and Marian asked what recourse he had to maintain Jay's sign to help his business rather than signs that would not be seen and would thus hurt his business, Ms. Fox said we could go to the City Council Meeting to the open forum the following Thursday. She agreed to allow us time to do that making a deadline for the sign application to be May 5, She also said she would not permit the existing sign whieh creates quite an economic problem both short term and long term for future business, 10. Also Ms. Fox told Jay and Marian that she had been in contact with Jose and that he admitted that he had never contacted the City on Jay's sign and said he was sorry and that he wouldn't do it again. Jay now knows that he was responsible for the pemlit even though the contractor said he had handled it. But suing the contractor does not handle the necessity or problem of the sign. Trying to recreate the original sign without the original materials is barely an" option but could probably be done in worst case to maintain a freestanding sign- the only economically viable option. 11. if Jay had been told by the sign contractol' that he couldn't iml)ro\'e and downsize his sign without forfeiting his right to ha,'e a freestanding sign, of course he would not have done anything to the original sign. In good faith he fixed his sign going by what the contractor said that since the base and steel poles were not changed, it was just repairs. T!lC contract was for $4,200 and it was such an expense that Jay and Manna debated of whether to do it or not. Since the plastic sign faces had to be repaired anyway, they went ahead with it because they also wanted it more aesthetic and safer. It would cause a great hardship to have to remove his sign since it is competitive with all the other freestanding signs in the area and he gets more than 50% of his business from drive-byes since "9-11". Six-foot high MonumentSi"gns are too low to be seen over the cars and vans that must parallel park along the street. Attached signs don't fit on his building well and arc difficult to see and' cause a driving hazard b drivers looking sideways to see them rather than straight ahead. The freestanding signs can be seen casl Y w 1 e looking straight ahead, eliminating the hazard. Please see the attached Petition request for a more detailed explanation (currently being circulated). 'k J 12. This is all part of a bigger picture, that neither the business owners nor the tourists, by survey, want the Mom & Pop small motels changed to high-rises and like the charm and friendliness of these smaller places including the anbiance of which these freestanding signs have long been part. Please see the attached Petition request for a more detailed explanation. This Petition was ~ly started this week and is still being worked on for signatures (all businesses contacted so far have signed- over 30 in a just a couple of days). '[he visible, freestanding signs, that can be seen from a block or two away are vital for the tourist business for these motel businesses and other types ofbusinesses._ 11. It has just come to our attention that there will be a review of the si~n ordinances in the Fall. It would be most humanitarian that Jay and Manna, honest, hardworking motel owners will be at least allowed to wait for this outcome, as it will effect all the businesses on CW Beach. .. - Jay and Manna Shah ~ ~/. /~ "'-J . a:: Q z W c :IS cc ::r: U) N f') ~ ~ ~ z ';: 0: .:: c 0 :::. 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FLORIDA, ANNEXING CERTAIN REAL PROPERTY LOCATED ON THE EAST SIDE OF AUDREY DRIVE, APPROXIMATELY 870 FEET EAST OF US 19 AND 1.015 FEET NORTH OF STATE ROAD 590, CONSISTING OF LOT 37 PINELLAS TERRACE, WHOSE POST OFFICE ADDRESS IS 1779 AUDREY DRIVE, TOGETHER WITH ADJOINING RIGHT-OF-WAY OF AUDREY DRIVE, 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 property 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: Section 1. The following-described property is hereby annexed into the City of Clearwater and the boundary lines of the City are redefined accordingly: Lot 37, Pinellas Terrace, according to the map or plat thereof, recorded in Plat Book 49. Page 52, Public Records of Pinellas County, Florida, together with adjoining right-of-way of Audrey Drive. (ANX2003-01001) Section 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 Planning Director are directed to include and show the property described herein upon the official maps and records of the City. Section 3. This ordinance shall take effect immediately upon adoption, The City Clerk 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 file a certified copy with the Florida Department of State within 30 days after adoption. PASSED ON FIRST READING April 17, 2003 PASSED ON SECOND AND FINAL READING AND ADOPTED Brian J, Aungst Mayor-Commissioner Approved as to form: Attest: \. - /' -.-; /(-/(- \'lr \ t.\. {( r.( It (1( r.1l . -.--;: r l....: , Leslie K. Dougall:"Side~." \ Assistant City Attorney Cynthia E Goudeau City Clerk Orrlln<lr'ce No 710"/-03 /. l" ORDINANCE NO. 7108-03 Second Reading AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE FUTURE LAND USE PLAN ELEMENT OF THE COMPREHENSIVE PLAN OF THE CITY, TO DESIGNATE THE LAND USE FOR CERTAIN REAL PROPERTY LOCATED ON THE EAST SIDE OF AUDREY DRIVE, APPROXIMATELY 870 FEET EAST OF US 19 AND 1,015 FEET NORTH OF STATE ROAD 590, CONSISTING OF LOT 37, PINELLAS TERRACE, TOGETHER WITH ADJOINING RIGHT-OF-WAY OF AUDREY DRIVE, WHOSE POST OFFICE ADDRESS IS 1779 AUDREY DRIVE, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS RESIDENTIAL LOW; PROVIDING AN EFFECTIVE DATE, WHEREAS, the amendment to the future land use plan element of the comprehensive plan of the City as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's comprehensive plan; now, therefore, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA: Section 1, The future land use plan element of the comprehensive plan of the City of Clearwater is amended by designating the land use category for the hereinafter described property, upon annexation into the City of Clearwater, as follows: Property Lot 37, Pinellas Terrace, according to the map or plat thereof, recorded in Plat Book 49, Page 52, Public Records of Pinellas County, Florida, together with adjoining right-or-way of Audrey Drive. (ANX2003-01 001) Land Use Cateqorv Residential Low Section 2. The City Commission does hereby certify that this ordinance is consistent with the City's comprehensive plan, Section 3. This ordinance shall take effect immediately upon adoption, contingent upon and subject to the adoption of Ordinance No. 7107-03, and subject to the approval of the land use designation by the Pinellas County Board of County Commissioners, and subject to a determination by the State of Florida, as appropriate, of compliance with the applicable requirements of the Local Government Comprehensive Planning and Land Development Regulation Act, pursuant to ~ 163.3189, Florida Statutes, PASSED ON FIRST READING April 17, 2003 PASSED ON SECOND AND FINAL READING AND ADOPTED Brian J. Aungst Mayor-Commissioner Attest: Approved as to fomk I V. ~.' Cr~-' i7\(.J, /u ~ ) (1-<(' ,X~; J.. Leslie K, Dougall-Sides, Assistant City Attorney ~ Cynthia E, Goudeau City Clerk Ordinance No_ 7108.03 'j ~ l 1~13 lRL '" " ~. L~ L .,. ... 'EDR ... " ) 1 0/0370 )8-03 ORDINANCE NO. 7109-03 Second Reading c';t .' v AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY BY ZONING CERTAIN REAL PROPERTY LOCATED ON THE EAST SIDE OF AUDREY DRIVE, APPROXIMATELY 870 FEET EAST OF US 19 AND 1,015 FEET NORTH OF STATE ROAD 590, CONSISTING OF LOT 37, PINELLAS TERRACE, TOGETHER WITH ADJOINING RIGHT-OF-WAY OF AUDREY DRIVE, WHOSE POST OFFICE ADDRESS IS 1779 AUDREY DRIVE, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS LOW MEDIUM DENSITY RESIDENTIAL (LMDR); 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: Property Lot 37, Pinellas Terrace, according to the map Or plat thereof, as recorded in Plat Book 49, Page 52, Public Records of Pinellas County, Florida, together with adjoining right-at-way ot Audrey Drive, (ANX2003-01 001) Zonina District Low Medium Density Residential (LMDR) Section 2. The City Engineer is directed to revise the zoning atlas of the City in accordance with the foregoing amendment. Section 3. This ordinance shall take effect immediately upon adoption, contingent upon and subject to the adoption of Ordinance No. 7107-03. PASSED ON FIRST READING April 17, 2003 PASSED ON SECOND AND FINAL READING AND ADOPTED Brian J. Aungst Mayor-Commissioner Approved as to form: Attest: ~~n ~ Ud7:aV Leslie K. Dougall-~s Assistant City Attorney Cynthia E. Goudeau City Clerk Ordinance No. 7109.03 .- ROLL NO. -, '" \ .} ( I ORDINANCE NO. 7108-03 Second Reading AN ORDINANCE OF THE CITY OF CLEARWATER. FLORIDA, AMENDING THE FUTURE LAND USE PLAN ELEMENT OF THE COMPREHENSIVE PLAN OF THE CITY, TO DESIGNATE THE LAND USE FOR CERTAIN REAL PROPERTY LOCATED ON THE EAST SIDE OF AUDREY DRIVE, APPROXIMATELY 870 FEET EAST OF US 19 AND 1,015 FEET NORTH OF STATE ROAD 590, CONSISTING OF LOT 37, PINELLAS TERRACE, TOGETHER WITH ADJOINING RIGHT-OF-WAY OF AUDREY DRIVE, WHOSE POST OFFICE ADDRESS IS 1779 AUDREY DRIVE, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS RESIDENTIAL LOW; PROVIDING AN EFFECTIVE DATE, WHEREAS, the amendment to the future land use plan element of the comprehensive plan of the City as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's comprehensive plan; now, therefore. BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA: Section 1, The future land use plan element of the comprehensive plan of the City of Clearwater is amended by designating the land use category for the hereinafter described property, upon annexation into the City of Clearwater, as follows: Property Lot 37, Pine lias Terrace, according to the map or plat thereof, recorded in Plat Book 49, Page 52, Public Records of Pinellas County, Florida, together with adjoining right-or-way of Audrey Drive. (ANX2003-01001) Land Use CateQorv Residential Low Section 2. The City Commission does hereby certify that this ordinance is consistent with the City's comprehensive plan, Section 3. This ordinance shall take effect immediately upon adoption, contingent upon and subject to the adoption of Ordinance No, 7107-03, and subject to the approval of the land use designation by the Pinellas County Board of County Commissioners, and subject to a determination by the State ot Florida, as appropriate, of compliance with the applicable requirements of the Local Government Comprehensive Planning and Land Development Regulation Act, pursuant to S 163.3189, Florida Statutes, PASSED ON FIRST READING April 17, 2003 PASSED ON SECOND AND FINAL READING AND ADOPTED Brian J, Aungst Mayor-Commissioner Appr9ved as to torn'),> ') Y, (/ ~~J: " r. _ / .I I . I "~-4{C r y{/ ) 01<(1/ /: ; (. . Leslie K, Dougall-Sides. ' Assistant City Attorney - Attest: Cynthia E, Goudeau City Clerk Ordinance No 7108-03 1818 lloi", I J'J5 ;-p f....;, ex: /I;I~ (8/'; J8J:! 2i Q ct ex:: 1Ii1:1 '" ' 11"il:: ...J I,,,,r- ISI:! Q Q r\~ :..J:1 :.;.::: Ilil3 1/iC<; F. L ~ ~L >- I-: 'L ai ~ ~ ~ IElL ~ Iliil7 '" ,~ 5 ISI)7 l-"(~j J ~..:.-'7 1..;.....3 5 1807 . 0"0 $001&, ::::! llil~ Q: g . 01 D .sufYey Q: ~ 0 ~1 ~ ., q: 8 0 c JHIJJ ISOO t: " Rt'- I~Y" '" ...... !- tj V"- MORNINGSIDE DR " 0- ;:1 ., .v C'l C ,- ,:,; 8 '" :r '" .. ~ ;: ;: :. ., :"~ ~ .- o- F. "- eo " t. ~, r: ~l .. " " " L r, ;; " :; ij -R 01 i vln .-. - j ~ -i " <r. "/ Ei L .~ ~ .. ~~ " - '~ - 17..1 .. N TERRACE DR E ~~ 177-' . ERRACE DR I l;-,~ 1 ic.H: -. I I i7!) Ii I J . --. .. ~._- "1~ ' 7~'- I. 7~() " I';"fi(j Q: J7!1J RLJ2 ( 77/ 171:1 1773 1772 - ~ ,-, Q 1707 17!\2 ~ 17t-;7 17nfi, 17'17 .",.1 1'(58 o~.n ~ I o~" ex:: 17til 1760 '7at RL llJ 175-' 170ll ~ Q ~ 17<11 ~ I ".!\ RL 1755 J7~1 RIO/R li!iO -oJ 17M ~ RL ~ 11!H )., 17114 1740 - f1 L ~ s: 17~9 17~', Q 0 ex: 17." 1748 J 17.J!l 173' 1737 I,":! li4!'} - 1717 (j ;t 174:.? /7.13 I7-lJ 17:J2 1733 - 17_/2 17~1 .--.... r-el:. 17:!R 17~Q 17;101 1737 1 7~h:; /731 \ -R/;;;- 17:W J :-:t7 1725 "'" ":10 I r'''.1 J 7~11 , 7:lO 17;1/ J7;l{I -" ,-" FUTURE LAND USE PLAN MAP Owner: Todd Ermscher Case: ANX2003-01001 Site: 1779 Audrey Drive Property Size I Acres): R.O.W Size (Acres): 0,20 0.10 Land Use Zoning PIN: OS/29/16/71424/000/0370 From: RL R-3 (County) To: RL LMDR A tlas Page: 264A Ordinance NO. 7108-03 ORDINANCE NO. 7109-03 Second Reading -\ \< v' AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY BY ZONING CERTAIN REAL PROPERTY LOCATED ON THE EAST SIDE OF AUDREY DRIVE, APPROXIMATELY 870 FEET EAST OF US 19 AND 1,015 FEET NORTH OF STATE ROAD 590, CONSISTING OF LOT 37, PINELLAS TERRACE, TOGETHER WITH ADJOINING RIGHT-OF-WAY OF AUDREY DRIVE, WHOSE POST OFFICE ADDRESS IS 1779 AUDREY DRIVE, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS LOW MEDIUM DENSITY RESIDENTIAL (LMDR); 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: Property Lot 37, Pinellas Terrace, according to the map Or plat thereof, as recorded in Plat Book 49, Page 52, Public Records of Pinellas County, Florida, together with adjoining right-of-way Of Audrey Drive. (ANX2003-01 001) Zoninq District Low Medium Density Residential (LMDR) Section 2. The City Engineer is directed to revise the zoning atlas of the City in accordance with the foregoing amendment. Section 3. This ordinance shall take effect immediately upon adoption, contingent upon and subject to the adoption of Ordinance No, 7107-03. PASSED ON FIRST READING April 17, 2003 PASSED ON SECOND AND FINAL READING AND ADOPTED Brian J. Aungst Mayor-Commissioner Approved as to form: Attest: IX~h ~Q~:(}>> Leslie K. Dougall-~s Assistant City Attorney Cynthia E. Goudeau City Clerk Ordll1ance No 7109-03 I 181S/ .... Jlilli Iq'> 18J8 ISI:! / ex: 1~J9 I:,J8 JHL' Q cx: cx: ~ 181:1 \.a," ..,J IHI:! Q Q (j{JJ JlH2 I~I" >- ''''', J81:.! Jill.1 ISI:! ~ ~ l1J ~ 1807 1807 .un.' ...... cx: ~ ::::! Q IR07 IIW.) g IR07 J,..f"Itj lli()7 '~i"r. CC ex: 0 ~ ~ '" q: " 2 '" '" rsol nl'" I. ;: " 1/J0il 18tK} '~ I. L/d " loO,)/) " <I " I'".. MORNINGSIDE DR - ,- h ~ -'Y ~ , ~ .. on ,., <1, ;: f_ '" ~ -;; on '" '0 f. "; f2 12 .. ;: ; " " '-'> 'D on '0 I. f. ;:i " N " CI " " '" " '" .< " CI Cf 'I '" .. 8 '" ;~ 'f!. R 3 .. on V ,~ 'D <.0 'D 'D ~ C, 'D :t ~ ~ " " " " " 17(i4 0- f- <. <. 1"4 r;NnIJR J1H~ R~1 17110 .." 1775 77~ ..q 17(,(/ I_ .. 177<' N '71;H ex: 171)3 - ~ J 702 1771 1771 1773 '772 ...', Cl 1767 1'7')2 ~ 17117 17(,1; 1707 I T<'" J 7~h"f ..an ~ ,..n ~ 17M 1761 l1J )71)4 J7ti' 1700 ex: ex: Q J 7t1l IT" '74" ..,J Q ~ 1755 1741 Ii:!' 1750 ~ 17.51 >- 171)" 17:;4 1740 C ~ ~ C5 1749 174tl g 0 CC '14:; 1748 IN!l 173tl 1737 17,.:1 114fJ - 1717 ~ q: 1742 1743 1N3V ':l 17.12 1733 - 1742 .a.'- ~ /14:1 113~ 17:!8 17~n /734 17:17 1736 1737 17J.) 1737 1i15 \ OT'>. 1730 J731 1730 1731 1730 .... ZONING MAP Owner: Todd Ermscl1er Case: ANX2003-0 1 001 Site: 1779 Audrey Drive Property Size(Acres): 0.20 R.O.W Size (Acres); 0.10 land Use Zoning PIN: OS/29/16/71424/000/0370 From: Rl R-3 (County) To: Rl LMDR Atlas Page: 264A Ordinance No. 7109-03 ORDINANCE NO. 7110-03 Second Reading (/ AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, ANNEXING CERTAIN REAL PROPERTY LOCATED ON THE NORTH SIDE OF NURSERY ROAD, APPROXIMATELY 525 FEET WEST OF KEENE ROAD, CONSISTING OF LOT 7, BLOCK B, DOUGLAS MANOR LAKE, WHOSE POST OFFICE ADDRESS IS 1740 NURSERY ROAD, 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 property 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: Section 1, The following-described property is hereby annexed into the City of Clearwater and the boundary lines of the City are redefined accordingly: Lot 7, Block B, Douglas Manor Lake, according to the map or plat thereof recorded in Plat Book 37, Page 99, Public Records of Pinellas County, Florida (ANX2003- 01002) Section 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 Planning Director are directed to include and show the property described herein upon the official maps and records of the City, Section 3. This ordinance shall take effect immediately upon adoption, The City Clerk 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 file a certified copy with the Florida Department of State within 30 days after adoption. PASSED ON FIRST READING April 17, 2003 PASSED ON SECOND AND FINAL READING AND ADOPTED Brian J. Aungst Mayor-Commissioner Approved as to form: Attest: v -} ~ A /J~L' ~/ hiLl- /c{L Leslie K. Dougall-Sides U Assistant City Attorney Cynthia E, Goudeau City Clerk CJ~rfil1<1I1CC No 7110-03 "." . -,-.~. H.-:' :.JJ., l-U~I 1.,;fS ~ .:I ., t- I. ,. '-' -" ~ HI;I JHI I.HI) ,: I. ,.., -~ f) ,.,,:.. H:iO J.l;J!1 IIi!f! J.,:') 1 1450 'H~ , H~,I 1I51 ,.J.lO J.l:19 I J.l-H '.'45 '.1.1-/ .", , 'u., I., J.'4!'i .No' a Sur ey "'~17 '-I-"iI; 1~5i 14.'>1; '4~7 ~ ~ 1.'50 0: ~ ~'~ Ht32 oq: Hti.l J.w~ ::tJ Q - ~ ::tJ '.'1;.1 0: '.1'::1 0 ~ \_\~,o Htj/1 0 J.Hid ~ I.'~-H J.lti9 'i Ci I Jt:~:' ~ ;: 0 ','!'ii 1450 ~ ::tJ Q ','7.') 1.1i4 117[. J.l0/ I.I._U 14t;0 14liti Holl J.Jt;ti E1 '-/SI ~ Q 1.'.';1 r-'" ex: 14.~7 14t'(; I. . ~ 8 ., I 011 I. e I. ill -<: ltl " ., 14."'7 ...-... ',171 ~ 1_ 1470 ~ NURSERY RD ::; '" ~ - " ... I I ,- ::: I- I- ~ N R / I. 1501 :g 1508 1- a: ------------ 0 n 0 ~ '" Q JtiJ 5 Cl ~ .. ":0 I_ I. I. I- ffi - - --..."", N WINFIELD RD ~ L ~ 1521 -- 1~IH /' ~ 1: ~ ... ... I. I~ Q /5.10 )\ 15:)0 ., Cl 9 '" ., ., " 15.,0 '51t; " ,., .. :g 1- " \.... I. t. I~ '" ~ I_ I- 0- r. S WINFIELD RD WINFIELD CIR r -- PROPOSED ANNEXATION . Owners: Susan Gilbert & Cllristina Anderson Case: I ANX2003-0 1 002 I , Site: 1740 Nursery Road Property I 0,24 Size (Acres): Zoning I Land Use I i PIN: 23/29/15/22266/002/0070 From: RL R-3 (County) , -------- I To: RL LMDR Atlas Poge: I 315B I i E:.;1I i bit ,\ () I'd i 11;ll1 c e No. ll! 0-03 ITEM # ORDINANCE NO. 7111-03 Second Reading /Q ~NCE OF THE CITY OF CLEARWATER, FLORIDA, THE FUTURE LAND USE PLAN ELEMENT OF THE ::NSIVE PLAN OF THE CITY, TO DESIGNATE THE FOR CERTAIN REAL PROPERTY LOCATED ON THE DE OF NURSERY ROAD, APPROXIMATELY 525 T OF KEENE ROAD, CONSISTING OF LOT 7, BLOCK \S MANOR LAKE, WHOSE POST OFFICE ADDRESS RSERY ROAD, UPON ANNEXATiON INTO THE CITY :WATER, AS RESIDENTIAL LOW; PROVIDING AN : DATE. nendment to the future land use plan element of the comprehensive h in this ordinance is found to be reasonable, proper and appropriate, ;ity's eomprehensive plan; now, therefore, 10 AINED BY THE CITY COMMISSION OF THE CITY OF TER, FLORIDA: Iture land use plan element of the comprehensive plan of the City of 'JY designating the land use category for the hereinafter described into the City of Clearwater, as follows: Land Use Cateqorv - anor Lake, according as recorded in Plat Book ds of Pinellas County, Residential Low City Commission does hereby certify that this ordinance is consistent Isive plan. rdinance shall take effect immediately upon adoption, contingent upon :m of Ordinance No. 7110-03, and subject to the approval of the land Pinellas County Board of County Commissioners, and subject to a :ate of Florida, as appropriate, of compliance with the applicable cal Government Comprehensive Planning and Land Development to ~ 163.3189, Florida Statutes. 5T READI NG April 17, 2003 ;OND AND FINAL DOPTED Brian J. Aungst Mayor-Commissioner Attest: :Jl~tfJ Cynthia E. Goudeau City Clerk Ordinance No, 7111-03 . ~;',~~~'''''''''!I,~~~~.I-:;''':I'.~~'~':"'\:''(' :;:. ,.; ~ ", ~..~', 1~i,7!L: N ~t~:r" t f~it"=\1~!i"\~';':':4 :.'. .~\\ '__ .~... . ~it. '~.lIIJl'G" ...:\~t!.v.(~t':G\..1 t" .,.I/.~'ft.. .....fI 'fl~\?...,,'t. .J....I:-..l'I:{,'. 1.. rti:..\..':f ".r. .... .,} ''; ..' . . ~.,r:..~ ,~\~~r.J".::';;''''''':-''''''''' " ...,':0'.: ..~ ,:' .. . t. tr;:~i,J, ", .... ~ ..' . .. ., .."" ' ROLL NO. \ '\...... '\ ITEM # ) 0 ORDINANCE NO. 7111-03 Second Reading //) , L AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA. AMENDING THE FUTURE LAND USE PLAN ELEMENT OF THE COMPREHENSIVE PLAN OF THE CITY, TO DESIGNATE THE LAND USE FOR CERTAIN REAL PROPERTY LOCATED ON THE NORTH SIDE OF NURSERY ROAD, APPROXIMATELY 525 FEET WEST OF KEENE ROAD, CONSISTING OF LOT 7, BLOCK B, DOUGLAS MANOR LAKE, WHOSE POST OFFICE ADDRESS IS 1740 NURSERY ROAD, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS RESIDENTIAL LOW; PROVIDING AN EFFECTIVE DATE. WHEREAS, the amendment to the future land use plan element of the comprehensive plan of the City as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's comprehensive plan; now. therefore, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The future land use plan element of the comprehensive plan of the City of Clearwater is amended by designating the land use category for the hereinafter described property, upon annexation into the City of Clearwater, as follows: Property Land Use Cateqorv Lot 7. Block B, Douglas Manor Lake. according to the map or plat thereof as recorded in Plat Book 37. Page 99. Public Records of Pinellas County, Florida (ANX2003-01002) Residential Low Section 2. The City Commission does hereby certify that this ordinance is consistent with the City's comprehensive plan, Section 3. This ordinance shall take effect immediately upon adoption. contingent upon and subject to the adoption of Ordinance No. 7110-03, and subject to the approval of the land use designation by the Pinellas County Board of County Commissioners. and subject to a determination by the State of Florida, as appropriate, of compliance with the applicable requirements of the Local Government Comprehensive Planning and Land Development Regulation Act, pursuant to 9 163.3189, Florida Statutes. PASSED ON FIRST READING April 17, 2003 PASSED ON SECOND AND FINAL READING AND ADOPTED Brian J, Aungst Mayor-Commissioner Approved as to fo;.o-':: "~:I:~I . ,ytJ)1IL"/lli~.,~~((/ Leslie K. Dougall-Sid~ Assistant City Attorney Attest: Cynthia E. Goudeau City Clerk OrdH1cmcc No. 7111,03 l';,i'.1 IH~ I ~ ~ I It.'it 14 !'. 7 L I.tfltj ~ '.h;~ -q: ,>C' ~ 14,j: 0 r: ~ DUNCAN CT ~ ~ t:: . " I ~ '" h ,.,.t5 I.,!il 10'57 J.Hn '.HiY 1475 HilI /41/7 N 0 ~ ~ '" .. I4JH I>l:'.' J.l;l- I>lH lHO ,.,.t!; ,.,~c L ''''~ 1-451 ,-,-.-, I.'~( '.'57 ~ ''':;0 ex: J.W~ Q :0 z.tti:J L :0 ffi c 1,1(l.~ ~ 14!j., ~ ','ti!.' ~ tJ 147.; :0 ~ RL Q ,.,r;( HIlO J4(W - "I 14/l1 R .. :; ~ !: r. , t~ J.I~I!J R loH(J 14:19 '''.Ifi HH ,.,45 1/51 ,.,57 "'!it Hut; fE ., ~ .~ ltl .. 1470 ~ 1461 1467 1471 NURSERY RD I. <0 ,. .. ..- ,. 1:;<)/ q:o ''': ~ ;: ~ ffi ~ ~ ~ ,. Q 15~/ 1515 /5/S N WINFIELD RD M I- /530 R S WINFIELD RD WINFIELD CIR ) ~..,(j ::l .. .. ~ o .,. .. '" .. ... a .. '" '" ,- /508 Owners: Susan Gilbert & Christina Anderson Site: 1740 Nursery Road Land Use Zoning I 1 Frorn : RL R-3 (County) To: RL LMDR 15~0 /:1.10 /: IMO r FUTURE LAND USE PLAN MAP Case: ANX2003-0 1 002 Property Size(Acres): 0.24 PIN: 23/29/15/22266/002/0070 Atlas poge: 315B Ordinance No. 7111-03 ORDINANCE NO. 7112-03 Second Reading II AN ORDINANCE OF THE CITY OF CLEARWATER. FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY BY ZONING CERTAIN REAL PROPERTY LOCATED ON THE NORTH SIDE OF NURSERY ROAD, APPROXIMATELY 525 FEET WEST OF KEENE ROAD, CONSISTING OF LOT 7. BLOCK B, DOUGLAS MANOR LAKE, WHOSE POST OFFICE ADDRESS IS 1740 NURSERY ROAD, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS LOW MEDIUM DENSITY RESIDENTIAL (LMDR); 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: Property Zoninq District Lot 7, Block B, Douglas Manor Lake, according to the map or plat thereof as recorded in Plat Book 37, Page 99, Public Records of Pinellas County. Florida (ANX2003-01 002) Low Medium Density Residential (LMDR) Section 2. The City Engineer is directed to revise the zoning atlas of the City in accordance with the foregoing amendment. Section 3, This ordinance shall take effect immediately upon adoption, contingent upon and subject to the adoption of Ordinance No, 7110-03, PASSED ON FIRST READING April 17, 2003 PASSED ON SECOND AND FINAL READING AND ADOPTED Brian J, Aungst Mayor-Commissioner Approved as to form: rl::>i< . K 11 ~)r!i,f Leslie K. Douga11-SiQ~ Assistant City Attorney Attest: Cynthia E. Goudeau City Clerk Ordinance No. 7112-03 H:f!) H.'!j J4tH ,.,!j7 '.W:' o .. 8 1_ 8 1_ I'Y / 1:J11l J!i:W l x~ '!j.1d '" o 1- J.I/~ "'[,0 "':-1 J.'!jtJ J.I~7 ~ '.10:: q: Htl:l ~ HOt< 0 if '.WH ~ Hi!S HM(J 1~3 I~,~I 1,187 ;g I. LMDR ~ 1_ o . l') 1- ~ '" ;: .. <r " H:'" 1/-1-1 fl3 I/~" lH~ , .,~,{; ,.,:17 :5: 35 I~l;:l ::x.J 0 ::E J.Jt,!1 0 ::x.J ','-:5 '" .. " J.W:! J.lV8 '-Ii" Hila HilI 1-186 J~1l7 _0 l') I. ;!i ~ t.. I.. ex: Q ffi J-;; ~ t1 I. Q N WINFIELD RD ,,", l') I. ~ .. r: c'i C"4 f.. ~ S WINFIELD RD ., .,. !: 1740 Nursery Rood Land Use RL RL I ;-lJ., ;-1-10 :.f.,:! lH~ l~~O ex: Q ..I:lr:L. ~ H~-I J-;; ?:< I~V() '.f6t; L1UD ,~ ~2 .. -0 I. /""'..~ r-6.~ \JLj ~ 1,'-/0 IU'Rl114lO I,':'" V? .. 11.... :.,.,5 I-IH l.1-I5 14.'1 /'-1:-[[:"51 1,1"" ~, o \,\(/1 J.I[W J"~; - HV! :['''' Rj~ ZJ :.!l Join ~ " ",10 NURSER}' RD "'R2~~ R2 "" 1"- "\ h J5DJ t- '" ., t. WINFIELD CIR '" / '" 1_ 15~(J 15:10 .. ;g :: t. ., ?2 1 :J.JO ZONING MAP Owners: Susan Gilbert & Christina Anderson Site: From: To: Zoning R-3 (County) LMDR Case: A N X 2003-01 002 Property Size(Acres) : 0,24 HOt) Q ex: ~ lfj ~ J~OH f PIN: 23/29/15/22266/002/0070 Atlas Page: 315B Ordinance No. 7112-03 ORDINANCE NO. 7113-03 Second Reading AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, ANNEXING CERTAIN REAL PROPERTY LOCATED ON THE WEST SIDE OF JADE AVENUE, APPROXIMATELY 380 FEET WEST OF BETTY LANE AND 185 FEET NORTH OF OVERBROOK AVENUE, CONSISTING OF LOT 9, JADE HEIGHTS SUBDIVISION, WHOSE POST OFFICE ADDRESS IS 1714 JADE AVENUE, 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 property 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: Section 1, The following-described property is hereby annexed into the City of Clearwater and the boundary lines of the City are redefined accordingly: Lot 9, Jade Heights Subdivision, according to the map or plat thereof, recorded in Plat Book 30, Page 90, Public Records of Pinellas County, Florida (ANX2003-01003) Section 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 Planning Director are directed to include and show the property described herein upon the official maps and records of the City. Section 3. This ordinance shall take effect immediately upon adoption. The City Clerk 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 file a certified copy with the Florida Department of State within 30 days after adoption. PASSED ON FIRST READING April 17, 2003 PASSED ON SECOND AND FINAL READING AND ADOPTED Brian J. Aungst Mayor-Commissioner Approved as to form: Attest: Cynthia E. Goudeau City Clerk Ordinance No_ 7113-03 . /) /.~ ~ ~. li"i"{1 '''I.) 1;"89 "tI - 17~' ~ -.. ~ :b /7.'; ~ o o JJ '7..,7 J:: ' l ;".~:; J";':-'I 17Jti J 7,' ; :;"-I:J 17~l4 1,.;5 17~ . 177 17~7 1 :~:I J"' ,. 1;-~1 Ii:]i 17~5 11.....:-.111'11,., 8 SANDY LN ;-;; g - - ~ g ~ '" o ~ MARY L RD ;:; tg ~ ~ ~ ~ OJ 8 ~ ~ h1 ~ ~ ~ I- 0 on <; 0 :c: ::: ::: ::: ,( , 1 m:f 8 6 :g ::l ::l ~ FAIRMONT ST Jti:1. (- '" 0 ~ " to s: ::: E '" M ~ PROPOSED ANNEXATION Owner: Bobby Burch Case: Site: 1714 Jade Avenue Property Size(Acres): Land Use Zoning PIN: 03/29/15/43740/000/0090 From: RU R-4 (County) 10: RU LMDR Atlas Page: ANX2003-0 1003 0.15 260B Exhibit A Ordinance No. 7113-03 ORDINANCE NO. 7114.03 Second Reading /3 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE FUTURE LAND USE PLAN ELEMENT OF THE COMPREHENSIVE PLAN OF TH'= CITY, TO DESIGNATE THE LAND USE FOR CERTAIN REAL PROPERTY LOCATED ON THE WEST SIDE OF JADE AVENUE, APPROXIMATELY 380 FEET WEST OF BETTY LANE AND 185 FEET NORTH OF OVERBROOK AVENUE, CONSISTING OF LOT 9, JADE HEIGHTS SUBDIVISION, WHOSE POST OFFICE ADDRESS IS 1714 JADE AVENUE UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS RESIDENTIAL URBAN; PROVIDING AN EFFECTIVE DATE. WHEREAS, the amendment to the future land use plan element of the comprehensive plan of the City as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's comprehensive plan; now, therefore, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The future land use plan element of the comprehensive plan of the City of Clearwater is amended by designating the land use category for the hereinafter described property, upon annexation into the City of Clearwater, as follows: Property Lot 9, Jade Heights Subdivision, according to the map or plat thereof, recorded in Plat Book 30, Page 90, Public Records of Pinellas County, Florida (ANX2003-01003) Land Use Cateqory Residential Urban Section 2. The City Commission does hereby certify that this ordinance is consistent with the City's comprehensive plan. Section 3. This ordinance shall take effect immediately upon adoption, contingent upon and subject to the adoption of Ordinance No. 7113-03, and subject to the approval of the land use designation by the Pinellas County Board of County Commissioners, and subject to a determination by the State of Florida, as appropriate, of compliance with the applicable requirements of the Local Government Comprehensive Planning and Land Development Regulation Act, pursuant to 9163.3189, Florida Statutes, PASSED ON FIRST READING April 17, 2003 PASSED ON SECOND AND FINAL READING AND ADOPTED Brian J. Aungst Mayor-Commissioner A~P53ved ~s to for~~' _ _ !;yJa ?< NAUaA~(t- Leslie K, Dougall-Side.i) .ll.ssistant City Attorney Attest: Cynthia E, Goudeau City Clerk Ordinance No. 7114-03 , -n ::; __9 ~ ~ ~. f- I~\ 'l '0 ,", f-} If< <cH' I ;b'~) 17/ flJ irv- 1787 17/;5 17/ ~~ .... 0$', " G ~ ()~ . " ~ ),'\ =-9~ " ~ ~ ...,,~. ~~ p ~( WAT~R " p ~ ~ ~ -- I~rr :2 ~ 17.' r- :b ~ o o :0 17, 17, J71 ,~) ...'\ J;"",""r, 1745 i ,.,.", 1770 RU 1~~dNS HI..... ~H'lft1f 17~1 ~~r. " ~~ '\ . '\ CG N IiL l; 5 r ~ J;";i c " ~ SANDY LN 1751 17:W .... . ~ '" ~ rf:U' 17:1~ c ~ Ii.,; 17.J!i -. 'IlL. ~ I~~: 8 '> '" <> ::. 17:1~ ::; ::; "' 0 1735 rn 17;1;1 MARY L RD :b 17:11 ~ <3 a ~ - ::; ~ 17~) 170;1 17 17 1-- .. 173 b' ...'i 1705 R:" ~~ tn 8 6 ~ rn ::; ::; ::! ~ ,,'" '\ , r- " c c (5) ~ ~ ~ ::; ... ~ ,\.~ Q' n,l, ,'i I il" n'- J 70.:1 \' :5 ;; ~ ... ,,<S> ~ ~ ~ ... 7. FAIRMONT ST ~ , 1<1:!. R lJ ... c ::; " .., ~ '" .., .. co . FUTURE LAND USE PLAN MAP Owner: Bobby Burch Site: 1714 Jade Avenue Land Use From: RU To: RU Zoning R-4 (County) LMDR Case: ANX2003-0 1 003 Property I Size(Acres): i I I Atlos Page: I I 0.15 PIN: 03/29/15/43740/000/0090 260B Ordinance NO. 7114-03 ORDINANCE NO. 7115-03 Second Reading AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY BY ZONING CERTAIN REAL PROPERTY LOCATED ON THE WEST SIDE OF JADE AVENUE. APPROXIMATELY 380 FEET WEST OF BETTY LANE AND 185 FEET NORTH OF OVERBROOK AVENUE, CONSISTING OF LOT 9, JADE HEIGHTS SUBDIVISION, WHOSE POST OFFICE ADDRESS IS 1714 JADE AVENUE, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS LOW MEDIUM DENSITY RESIDENTIAL (LMDR); 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: Property Lot 9, Jade Heights Subdivision, according to the map or plat thereof, recorded in Plat Book 30, Page 90, Public Records of Pinellas County, Florida (ANX2003-01003) Zoninq District Low Medium Density Residential (LMDR) Section 2. The City Engineer is directed to revise the zoning atlas of the City in accordance with the foregoing amendment. Section 3. This ordinance shall take effect immediately upon adoption, contingent upon and subject to the adoption of Ordinance No, 7013-03. PASSED ON FIRST READING April 17. 2003 PASSED ON SECOND AND FINAL READING AND ADOPTED Brian J. Aungst Mayor-Commissioner Approved as to form: I Attest: Cynthia E. Goudeau City Clerk Ordll1clnce No 7115-03 )1 - CAROL YN LN 1,9~ VN - ~ It!f. .t~ \ - "11 J;"!/11 ')121' LU J - No" SeD" P/i' - . ,C7 J'lfl7 / J 7,<;5 I.?ti., ~- ...,,'" " 17,0 MDR 17.'~ ... 11.....:;11";1<"'1' :: I s "A a I...." I al 1751 1751 1730 PI . , ~, ~, t\~ , , ~ /7;1 c... o ~ ~ ~~<S>~~'" U4 i D~'7;:- 0 O~ 17:!1 4b~~ 17l' ~ --,-', ~ 174 /7-19 .,. 14..0 ~ Ira ~~~ /7:/-' ~ 5 l! ::? ~ ~ w .:- J 7.17 R4 :3 3 ~ " ~ ~ ~ ~ MARY L RD 0 ~ '" .., ~ ~ ~ .... III ..-hi. T . ,/IV' I" -~ - ~ -- 8 ;r :g ... ~ fi ~ ~ TERRACE RD 0 8 '" ::c 0 ~ :: ~ ~ I,ll , ,;15 17J3 /,:11 .,:,.,.) 1709 C3 1,05 ~'" ," ~~~ , ~ ,--~~ ~'~ \'" <$" <' "VI /70.1 AL C3 .7 ~ ~ ~ FAIRMONT ST p ~\ ~ .: . ... , ~ I; 3 ~ lti~. t_ o ~ !:! '< 9 ZONING MAP Owner: Bobby Burch Case: ANX2003-0 1 003 Sit e: 1 714 Jade Avenue Property Size(Acres): 0.15 Land Use Zoning 1 PIN: I 03/29/15/43740/000/0090 I I From: RU R-4 (County) To: RU LMDR Alias Page: 260B Ordinance no. 7115-03 /j/ Second Reading ORDINANCE NO. 7116-03 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE FUTURE LAND USE PLAN ELEMENT OF THE COMPREHENSIVE PLAN OF THE CITY, TO CHANGE THE LAND USE DESIGNATION FOR CERTAIN REAL PROPERTY LOCATED AT THE SOUTHWEST CORNER OF THE INTERSECTION OF GULF-TO-BAY BOULEVARD AND MCMULLEN-BOOTH ROAD, CONSISTING OF (1) A PORTION OF TRACT A, MYRON A. SMITH'S BAY VIEW SUBDIVISION IN THE SOUTH ONE-HALF OF FRACTIONAL SECTION 16, TOWNSHIP 29 SOUTH, RANGE 16 EAST, (2) A PORTION OF LOTS 2 AND 3, BLOCK 5, REVISED MAP OF TOWN OF BAY VIEW, (3) THAT PORTION OF VACATED COUNTY ROAD 31 IN SECTION 16, TOWNSHIP 29 SOUTH, RANGE 16 EAST, AND (4) A PORTION OF LOTS 1 AND 4 OF REVISED MAP OF TOWN OF BAY VIEW, WHOSE POST OFFICE ADDRESS IS 3035 GULF-TO-BAY BOULEVARD, FROM RESIDENTIAL LOW MEDIUM AND RESIDENTIAL URBAN TO RECREATION/OPEN SPACE; PROVIDING AN EFFECTIVE DATE. WHEREAS, the amendment to the future land use plan element of the comprehensive plan of the City as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's comprehensive plan; now, therefore, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA: Section 1, The future land use plan element of the comprehensive plan of the City of Clearwater is amended by designating the land use category for the hereinafter described property as follows: Property Land Use Cateqory See legal description attached hereto LUZ2003-01001 From: Residential Low Medium and Residential Urban To: Recreation/Open Space Section 2. The City Commission does hereby certify that this ordinance is consistent with the City's comprehensive plan, Section 3. This ordinance shall take effect immediately upon adoption, subject to the approval of the land use designation by the Pinellas County Board of County Commissioners, and subject to a determination by the State of Florida, as appropriate, of compliance with the applicable requirements of the Local Government Comprehensive Planning and Land Development Regulation Act, pursuant to S 163,3189, Florida Statutes. The Community Development Coordinator is authorized to transmit to the Pinellas County Planning Council an application to amend the Countywide Plan in order to achieve consistency with the Future Land Use Plan Element of the City's Comprehensive Plan as amended by this ordinance. Ordinance No 711 G-03 PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Approved as to form: April 17, 2003 Brian J. Aungst Mayor-Commissioner Attest: Cynthia E. Goudeau City Clerk 2 Ordinance No. 7116-03 - LtA "'L~C'cn - 0 \~ t Landuse Legal for Bayvic,v Park Pared 1: A portion of Tract A, l-.lYRON A. Sl\lITH'S 131\ YVI EW SUBDIVISION, according to the plat thereof recorded in Plat Book 25, page 57, Public Records of Pinel/as County, Florida, in the South If:! of rractional Section 16, Township 21) South, Ibngc 16 East being further described as follows: Commence at the \\lest II. corner of said Fractional Section 16 and nll1 thence South 89027'56" East along the East and \\lest centerline of said Section 16, for a distance of 401.99 feet; thence South 00032'04" West, for a dist:1nce of 50.00 feet to a point on the aforcsaid Tract A and the POINT OF BEGINNING; thence South 89027'56" East, 243.22 feet to a point on curve; thence 100.68 feet along the arc of a curve, concan~ Southerly through a central anglc of 00045'36", a radius of 7591.-1-4 feet and a chord bearing of South 87005' 12" East, 100.68 feet to a point of reverse curvature; thence 135.23 feet along the arc of a curve, concave Northerly through a central angle of 00040'24", a radius of 11,507.16 feet and a chord bearing of South 87002'36" East, 135.23 feet; thence South 02037' 12" \'\Iest (radial) for a distance of 5.00 feet; thence South 87023'34" East for a distance of 5.01 feet; thence North 02035'42" East (radial) for a distance of 5.00 feet; thence 10.53 feet along the arc of a curve, concave Northerly through a central angle of 00003'09", a radius of 11,507.16 feet and a chord bearing of South 87025'52" East, 10.53 feet; thence South 22030'54" East, 274.45 feet; thence South 67029'13.5" \\lest, 351.74 feet; thence North 21030'31" West, 191.95 feet; thence South 69034'59" \\lest, 109.48 feet; thence North 21006'48" \\/est, 281.80 feet to the POINT or BEGINNING. Parcel 2: Lots 2 and 3, Block 5, REVISED I\lAP OF TOWN OF 13:\ Y VIEW, according to the plat thereof recorded in Plat Book 6, page 23. public Records of Hillsborough County, Florida, of which Pinellas County was formerly a part. Less and except that portion of the South 15 feet and the \'\Iest 10 fed lying South of a line 330 fect South of and paralic] to the East West ccnterline of Section 16, Township 29 South, Range 16 East. Parcel 3: That portion of County Road 31 lying in Section 16, Township 29 South, Range 16 East, Pinellas County, Florida, as vacated by resolution No. 97-154 recorded in Official records Book 9762, page 1872, Public Records of Pinel\as County, Florida, more particularly dcscribed a follows: Commence at the Northwest corner of that ccrtain tract uf laltd described in \\larranty Deed recorded in Official Records Book 587~), page 1052, Public Records of Pinel/as County, Florida, said Northwest corner bcing 37.97 feet \'\lest of the Northeast corner of Tract C of i\lYRON A. S1\IITI-I'S 131\ Y VIEW SUBDIVISION, as recorded in Plat Book 25, page 57, Public Records of Pinellas County, Florida and l)l~ing a point on the Southerly right of way of County Road 31; thence along the Southerly right of way, North 67029'05" East, 138,99 fect to thc POINT OF BEGINNING: thence North 210.16'25" \X/est, 6(d).~ feet to a point on the Northerly right of wa)' of said County Road 31; thence along said Northerly right of way, North 67029'05" East 251.74 feet; thence South 22030'55" East, 66.03 feet to point on the Southerly right of wa}' of said County Road 31; thence along sail! Southerly right of way, SOllth 67029'05" West, 259.60 feet to the POINT OF BEGINNING. Parcel 4: That part of Lots 1 and 4 of Block 5 of REVISED i'vfAP OF TO\'V'N OF 13/\ Y VIEW, according to the plat thereof recorded in Plat Book 6, page 23, Public Records of Hillsborough County, Florida, of which Pinellas County was formerly a part, IF ANY, lying Easterly of the Easterly boundary of Lots 2 and 3 of said Block 5 and lying \'V'csterly of Tract A of MYRON A. SMITH'S BAY VIE\'V' SUBDIVISION, as recorded in Plat Book 25, page 57, Public records of Pinellas County, Florida. Less and except the South 15 feet. CAROLINA AVE <: J"" ,.. ~ -J J S2C: ~2;; OJ i'i g "_ '" '" i:; :::: c ~ '" ct: ~ CG II::( CG -J ~ ~ C/) 0 " "'i ~ :r 7; Q ~;'; ~~ ~ :; S? L3 Q ~ $( GULF- TO-SA Y BL VD :E ~ ~ CG ~ " '" " GULF- TO-BA Y BL VD ::: ~ ., ~ '" ., g . . . . . ' ~ ~; :""" ",," ",'" """ct ct !" '-"'-'" ~ en ; "'" :iu UJ ;-. i Cl Cl ! " i_ _: ; ~ ~ ~ ;~ ~! ;~ en j . . ' RLM INS FUTURE LAND USE PLAN MAP Owner: City of Clearwater Case: LUZ2003-0 1 00 1 Site: 3035 Gulf to Bay Boulevard Property 4.40 Acres Size{Acres): Land Use Zoning 16/29/16/83106/000/0100 PIN: 16/29/16/83106/000/0211 From: RLM/ RU R-4 {County} & MHP(City) 16/29/16/53892/005/0030 ----- '-~-'. -- To: R/OS OSR Atlas Page: 301A Ordinance NO. 7116-03 /t Second Reading ORDINANCE NO. 7117-03 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA. AMENDING THE ZONING ATLAS OF THE CITY BY REZONING CERTAIN PROPERTY LOCATED AT THE SOUTHWEST CORNER OF THE INTERSECTION OF GULF-TO-BAY BOULEVARD AND MCMULLEN-BOOTH ROAD, CONSISTING OF (1) A PORTION OF TRACT A, MYRON A. SMITH'S BAY VIEW SUBDIVISION IN THE SOUTH ONE-HALF OF FRACTIONAL SECTION 16, TOWNSHIP 29 SOUTH, RANGE 16 EAST, (2) A PORTION OF LOTS 2 AND 3, BLOCK 5, REVISED MAP OF TOWN OF BAY VIEW, (3) THAT PORTION OF VACATED COUNTY ROAD 31 IN SECTION 16, TOWNSHIP 29 SOUTH, RANGE 16 EAST, AND (4) A PORTION OF LOTS 1 AND 4 OF REVISED MAP OF TOWN OF BAY VIEW, WHOSE POST OFFICE ADDRESS IS 3035 GULF-TO-BAY BOULEVARD, FROM MOBILE HOME PARK (MHP) AND ONE, TWO AND THREE FAMILY RESIDENTIAL (R-4) TO OPEN SPACE/RECREATION (OS/R); PROVIDING AN EFFECTIVE DATE. WHEREAS, the amendment to the zoning atlas of the City as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's Comprehensive Plan; now, therefore, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following described property in Clearwater, Florida, is hereby rezoned, and the zoning atlas of the City is amended as follows: Property Zoninq District (LUZ2003-01 001) From: Mobile Home Park (MHP) One, Two and Three Family Residential (R-4) To: Open Space/Recreation(OS/R) See legal description attached hereto Section 2, The City Engineer is directed to revise the zoning atlas of the City in accordance with the foregoing amendment. Section 3, This ordinance shall take effect immediately upon adoption, subject to the approval of the land use designation set forth in Ordinance 7116-03. by the Pinellas County Board of County Commissioners, and subject to a determination by the State of Florida, as appropriate, of compliance with the applicable requirements of the Local Government Comprehensive Planning and Land Development Regulation Act, pursuant to 9163,3189, Florida Statutes, PASSED ON FIRST READING ^pril 17, 2003 Ordinance No 7117.03 PASSED ON SECOND AND FINAL READING AND ADOPTED Approved as to form: I Z Leslie K. Dougall- I es ( Assistant City Attorney ) Brian J. Aungst Mayor-Commissioner Attest: Cynthia E. Goudeau City Clerk 2 Ordinance No. 7117-03 LU,:"l... ;).acn - 0 \ ~ ~ Landuse Legal for Bayvie,v Park P:ucel1: A portion of Tract :\, i-.lYRON :\. S:-"fITH'S 13:\ YVIEW SUBDIVISION, according to the plat thereof recorded in Plat Book 25, page 57, Public Records of Pinellas County, Florida, in the South I/Z of Fractiunal Section 1 G, Township 29 South, Range 16 East being further described as follows: Commence at the \V'est I/~ corner of said F r:lctlonal Sectiun 16 and run thence South 89027'56" East along the East and West centerline of said Section 16, for a distance of 401.99 feet; thence South 00032'04" \,\/est, for a distance of 50.00 feet to a point on the aforesaid Tract A and the POINT OF BEGINNING; thence South 89027'56" East, 243.22 feet to a point on cltlye; thence 100.68 feet along the arc of a CU1YC, concave Southerly through a central :tngle of 00045'36", a r:tdius of 7591.44 feet :tnd a chord bearing of South 87005'12" East, 100.68 feet to a point of re\'erse curvature; thence 135,23 feet along the arc of a curve, concave Northerly through :t central angle of 00040'24", a radius of 11,507.16 feet and a chord bearing of South 87002'36" East, 135.23 feet; thence South 02037' 12" West (radial) for a distance of 5.00 feet; thence South 87023'34" East for a distance of 5.01 feet; thence North 02035'42" East (radial) for a distance of 5.00 feet; thence 10.53 feet along the arc ofa curve, concave Northerly through a central angle of 00003'09", a radius of 11,507.16 feet and a chord bearing of South 87025'52" East, 10.53 feet; thence South 22030'54" Fast, 274.45 feet; thence SOllth 67029' 13.5" \V'est, 351.74 feet; thence North 21030'31" West, 191.95 feet; thence South 69034'59" \'\'est, 109,48 feet; thence North 21006'48" West, 281.80 feet to the POINT OF BEGINNING. Parcel 2: Lots 2 and 3, Block 5, REVISED MAP OF TOWN OF lL\ Y VIEW, according to the plat thereof recorded in Plat Book 6, page 23, public Records of Hillsbol'Ough County, FIOl'ida, of which Pinellas County was formerly a part. Less and except that ponion of the South 15 feet and the \V'est 10 feet lying South of a line 330 fect South of and parallel to the East West centerline of Section 16, Township 29 South, Range 16 East. Parcel 3: That portion of Count)' Road 31 lying in Section 16, Towllship 29 South, Range 16 East, Pinellas County, Florida, as \':tcated by resolution No, 97-154 recOl'ded in Official records Book 9762, page 1872, Public Rccords of Pinellas County, Florida, rnorc particularly described a follows: Cnmnwnce at thc Northwest Col'l\\:1: of that ce1't~\in tract of land described in \\larranty Deed recorded ill Official Records Book 51)79, page 1052, Public Records of Pinellas Coullty, FIOI'ida, said Northwest corner being 37.97 feet \'\'cst of the Northeast corner of Tract C of MYRON A. Si\IITII'S B:\ Y VII':\,\I Sl!BDIVISION, as recorded ill Plat Book 25, page 57, Puhlic Records of Pinellas Coullt)', 1:lorida and being a point oil the Southerly right of way of Coullty RO:ld .11; thence alollg the Sl)utherly right of way. North (17021)'()S" I':ast, UI-\,I)9 fect to the P( )INT ()I; HI.:( ;I~NIN(;; thellce North 21o.l()'2S" West. (1(J.lJ.l feel tll a point on the Northcrly right of way of said County Road 31; thence along said Northerly right of way, North 67029'05" East 251.74 feet; thencc South 22030'55" East, 66.03 feet to point on thc Southerly right of way of said COllnt)' Road 31; thcncc along said Southerly right of way, South 67029'05" West, 259.60 feet to the POINT OF BEG]NNING. Parcel 4: That part of Lots 1 and 4 of Block 5 of REVISED ~fi\P OF TOWN OF BAY VIEW, according to the plat thercof recorded in Plat Book 6, page 23, Public Records of I-liIlsborough County, Florida, of which Pincl/as Count)' was formcrly a part, IF ANY, lying Easterly of thc Eastcrly boundary of Lots 2 and 3 of said Block 5 and lying \'Vesterly of Tract A of tyn1tON A. StvIITH'S BAY VIE\'V SUBDIVISION, as recordcd in Plat Book 25, page 57, Public rccords of Pincllas County, P]ocida. Less and except the South 15 feet. L R ~ 8 '" '" g Lil{Vl ::J ., 3~:l " '1 q: -J ~,;7 ~ 0 OJ 0 :b U) -< (J) :E .. -i :'2 ~. c, _ '~~ ~ '" Q..... r.r, S? " ("):... 00 " ~ C")C"') GULF- TO-SA Y SL VD " 2 .) - .. ~ g g CAROLINA AVE ., J 7 \.~ t... :-. - ~ h :. :5 2 8:0 ::c ", :"1:'1:"".~~ gg7, z. ~ z: ;. It tt '" '" c '" Cl ex: ~ o o CO ~ LU -J 5 ~ ~ c c i ~ : : . : : I ; . , - , : , : : , , , - , : \ . , . - ZONING MAP Owner: City of Clearwater Case: LUZ2003-0 1001 Site: 3035 Gulf to Bay Boulevard Property Size(Acrcs): 4.40 Acres Lond Use Zoning 16/29/16/83106/000/0100 PIN: 16/29/16/83106/000/0211 16/29/16/53892/005/0030 From: RlM/ RU R-4 {County) & MHP{City) To: R/OS OSR I ---.------1----- t\llm Pogo: i 301 ^ (l nl in a nee :\ o. 7 1 1 7 -0 3 c.: - I CJ 0d ~! I C> i _ c: 1- t1 II-~ E t1 - I g. ~ t1 t1 a:o ti iO o Cl .!: c; t1 ::E I ,~ I '~ 81 S "-I U ":1 ~~ U::E E :l 't:l C l'Il .. o E III :E Cl c 'iij l'Il .J:. CJ .. :l C1. C,) :::= ~ ~ ::> 0 a.I III C t1 E E o U ~ 5. :; :r '" 2 Qi 5 '0 ~ ~ -;; o ci: u, i, '8 U c: ,g iO '~ o f ct g J, <"l ..., 8 CD M ~ '" ~ "'" ~ ~ '" J, <"l i .. 0 i~ E ~ ;:JW Z t1 'C'C ._ 0 lDU ~ :0 o a;-= ;:: -~ -t; ;g ~ '" 0- N E C>~ c: - "U; Co) ::>0 5 .0 ;:J a. II 8 '" '" <"l r.: ~ (JJ I 51 >- ::. '<t ~cri 11l'" Q;<!i -'" I1l . :::::lll -'" I1l '0- "'''' ~ '<t' ;:JC\i B ~ !!! 0 ,~ .~ ~Vi E3 'EiU~ "'E'C ~ ~ l'j ~ ~:;; '" c c:> iO ;; :. () ~ E~ I1l - ~.Q Vl u.. ~ ~ - :l ~E f;iii O:! c:> E .. z l5 'C c: c:> > ~ ~ ~ 2 u S a. o;-:=- LTI~ ~ :; (l.o '0 ~ Qj ;: I1l .... E ;;: g $2 '2 ~ 5 ~~ ~e < a. g M <"l ..., 8 <"l ~ '" Sl "'" ~ '" ..:, <"l I1l u .~ < "'z VlU ':"u :::,g ii ~? .g '" 1Il 0', c: W ~ c.. 8 8 ..., ..; ..., VI ci III c: .Q ~ ~ 'E ~ 'C ~ Qj ~ ~ i .~ w~ ~ C uU: ~ i r= r:: E ~ ~~ ::Eu ~ o ;: ,., ui Co III >- III :; :2 III -5 .E E 'ai OJ '0 :J .0 '0 III '0 c: III E E o u ~ ,Vl Q; OJ [1J c: [1J ~ ;:- G III -5 ,S '0 III '0 :J U .S III .0 -~ o 'ai OJ '0 :J co CO) o o N - N o o N >- u.. III -5 ,S '0 III '0 :J U ,S .!!! Vl III Vl [1J .c: u :; 0. ~ U c: III Q; ~ III > .8 ctl III -5 .E OJ c: is c: :J U. . ~ :3 ~ ~ ~ o 5 c.. '" ~ ... o 13 ~ Q Qj OJ '0 ::J en c: o J!! ~ l\l c: 1= ~ -I I) :: " , Final Agenda Item # 1"\:--".> I / ,)' Clearwater City Commission Agenda Cover Memorandum Worksesslon Item # Meeting Date May 1, 2003 SUBJECT/RECOMMENDA TION: Award a contract to Don Reid Ford of Maitland, Florida, in the amount of $14,850.00 for the purchase of (1) one 2003 Ford Taurus 4 dr. Sedan, in accordance with section 2,564(1 )(d), Code of Ordinances, Florida State Contract #070-001-03-1 and authorize funding through the City's master lease purchase agreement. o and that the appropriale officials be authorized to execute same. SUMMARY: . Currently, the Community Response Team (CRT) Division of the Development Services Department (Cost Center 1430) has four vehicles for five code enforcement inspectors. A vehicle is required for each inspector as his or her areas of concentration for code compliance are spread throughout the city. . Funding for annual debt savings will be provided by operating savings within the Development Services Budget FY 2002/03 budget as follows: · $3,200 Debt Service 010-01430-591600-524-000 · $1,800 Garage Service-Variable 010-01430-541500-524-000 .. Staff recommends capital improvement project 315-94821, Code Inspection Vehicle, be established at mid yom for FY 2002/03 as a lease purchase project in the amount of $14,850. Budget .\ Pllhlir\\'or~" purChilSing#~ DCI\VM:,'.\ . Risk Mgrnl N/A G!!11 S,nifll'l'l N/A Origirl.1ting Dept.: D!!v!!lopment Services Dept. {Jdf Kronsehnabl, Dir!!etor User D!!pt.: . D!!v!!lopment Services Dept. {Jeff Kronsehnabl, Dir!!eto AlI.lehrn!!llts Costs: Total $14,850 Reviewed hy: Legal N/A Infll Srvr N/A Current FY $2,500 Funding Soure!!: CI " -IL or x Other Submilled by: City M.lnagl'r ~~ rJ ~ 0111' Appropriation Code: 315-94821-564000-519-000 010-01430-591600-518-000 ~J Printed on recycled p.lpcr Clearwater City Commission Agenda Cover Memorandum Fin,t1 r\gpndd Itplll #: /9 [;. [)/ H S( ,J ,\It'f,ting D.lt!': 05/01/03 SUBJECT/RECOMMEN DA lION: Approve the Renewal Agreement with Clearwater Neighborhood Housing Services ior COllllllunit)' I-lousing Development Organization activities under the City's HOME Investment Partnership Program. cg] dnd thdt the appropriate officials be duthorized to executp same. SUMMARY: The City entered into the Community Housing Development Organization (CHDO) Agreement with ClfliU'\\,ltN Neighborhood Housing Services (CNHS) to conduct activities in accordance with the Federal HO",,\[ InVC'f,tllH'lll Partnership Program. The City allocated $60,300 from the FY97/98 HOME Program CHDO sel aside ami $().l.5()() from the FY98/99 HOME CH DO set aside. The City is required to commit 15% of its alHllIall-IOME alloc.lliofl to organizations that qualify as a CHDO. CNHS has committed to using the HOME CHDO iunds to cOllstrucltlHP(l new homes for households who earn at or below 80% of Area Median Income (AMI). This Renewal Agreement extends the term of the agreement to September 30, 2003 and permits CNIIS III r('t,lill any proceeds/program income that it receives from the sale of the homes to be used for subsequent HOME t'ligihlt' activities, as approved by the City. The Renewal Agreement is available for review in the Official Records and Legisllltivu Services Department. Reviewed by: 1!? legal f{' 2.,. Info Tech Budget Public Works Purchasing NA DCi\VACI\1 Risk i\lgmt NA Other Originating Dept: NA Eco. Development NA User Dept. ~ \-\.~ NA Attachments: .> Costs Total Funding Source: HOME C.lphitlll11prO\f>rn~'nt ()pN'allflJ.: OlllPf ~--- -r_ o None 683-0nOO-530300-554-000 (FY97/98 & 98/99 CHDO Set Aside) Rpv, 2/<)1\ fQ' I~ CITY OF CLEAlnV ATER. FLORI D,.\ ANI> CLEAR\VATER NEIGHBORIIOOD HOlJSING SII:I~VICES. INC. COMMUNITY HOUSING nEVI~LOPI\IF:NT ORGANIZATIONS RENE\VAL AGHEEMI~NT THIS AGREEMENT ("AgreelllenC'). made and entered inlo this __.u day of 1\larch 20113 . by bctwcen lhe City of Clearwater, Florida, a municipal corporation existing by and under the laws of lhe State of Florida, herein after referred to as the "City", and Clearwater Neighborhood Housing Services, Ine.. a not-far-profit corporation organized under thc laws of the Stale of Florida, herein after rcferred to as the "CNIIS: WII ER EAS, the Cily is the recipient of a IIOME In vestment Partnership Program (HOME) Granl from the U ,S, ()epnrtment of I lousing nnd Urban Dcvelopment (IIUD) pursuant 10 Titlc II of lhc Cranston- Gon7_alez National Affordable 1.lousing Act of 1991l. as amcnded, 42 1l.S,C, 1270 I cl seq, (HOME Program), codificd and implcmcnted hy 24 CFR Pnrl 92; and "'" EREAS, under thc provisions of the Act, thc City is required 10 set-aside at Icasl 15% of its HOi\tE In\'cstmcnl Partncrship Program cntitlcment allocalion to organizations that mect the requircment for Communit)' Ilousing Dcvclopmcnt Organizations (CIIDOs"), as spccificd by lhc IIOf\.tE Progrnm. for the CIIDO 10 own, develop or sponsor housing for fmn i lies at or bclow 80% of thc area mcdian incomc: and "'II EREAS, thc CNHS has mel the requircmcnts establishcd by thc fedcral govcrtllllcnt and has becn certified as a CHDO by the City, pursuanl to lhe National Affordablc 1I0llsing Acl of 1990, as amended; and WII EREAS, thc City and the CNIIS dcsirc to sign an agreemcnt which scts forth terms and conditions for thc lIse and acccptance of thc uncxpcnded FY 1997 and FY 1998 HOME Program funds; and NOW TII EREFORE, in consideration of lhc promiscs and covcnanls containcd herein, the partics hcrcto agrec as follows: PART I - SPECIFIC TERMS AND CONDITIONS A. Source and Use of Funds I. Sources of Funds: The sole source of funding from thc City for paymcnt of services pcrformed tlndcr this Agreemenl is thc HOME Invcstment Partnership Program enlitlcmcnt provided to thc City by IIUD, CNIIS agrces that in thc cvcnt that thc HOME Invcstmcnt Partncrship Program cntitlcmcnt is rcduccd or withhcld HUD, thc City shall not hc liablc for paymcnt of contracted scrvices from any City fund othcr lhan the HOME Invcslmcnt Partnership Program entitlemcnt, in which case CNHS further agrecs that the maximum sum payablc uncleI' this Agrecmcnt Illn)' he rcduccd by thc City, In thc cvent thc IIUD dctcnnincs that thc City or thc CNIIS havc not fillfillcd thcir obligation under thc HOME Inveslmenl Partncrship cntillclllcnt rcquircmcnls. or lhc City detcrmincs thai CNIIS has not fullillcd its obligation undcr thc 1I0ME Invcstment Partnership Program rcquircmcnts, and lor HUD or thc City dcmands rcimburscmcnt of cxpcnscs paid under this Agrcemcnt, CNIIS shall providc said rcimhurscmcnt thll11 non-fedcral sources within ten day of said notice form City. Funding in this agreement include $60,30() from the FY I Ql)7/l)X II()~IE Pro!!-ram CIIDe> Sel-aside and 56,1,500 from the FY I 99R:l)r) IIOr"IE Pro~ram (,IID() set-aside, CNIIS furlher acknowledges that this A!!-n.'cment is necessary 10 comply wilh the requiremenls of 24 CFR Part 92- 1I0i\IE Ill\'estmcnl Partncrship Program and incorporatcd herein hy reference, which is the source of fund~ provided under this Agreement; and agrees that it will comply Wilh; and will require all subcontractors, subgnllltL'cs and assigns to comply with all terms and conditions of said 2'1 CFR Pari 92 and this Agreement, as amended, It shall be eNIIS's responsibility to insure thai it has the hllesl version of all applicable laws and regulations in its possession so as to be able to comply with their provisions. 2, Use of Funds: In consideration of IIOr"l1: Investment Partnership Program entitlement funding allocated by City. CNIIS shall operate the pwgrams and specific activities described in the CNIIS's Proposal (Work Program and Budget), attached herelo as Exhibit "A" and incorporated herein by reference, CNIIS shall ulilize its IIOME allocation as an owner-developer to provide housing for families al or below 80% of the area median income in accordance with policies established by IIUD and therefore shall: n. IIOME funds provided to this project will be used for new construction dollars to build new single-family housing units to be located at 1130 Beckett Street and lW4 and HOG Pennsylvania A venue, Clearwater: and b. Projecl shall be implemented in accordance with this agreement and declaration of restriclivc covenants; and B. Pr'ogram ncquiJ'cmcnts CNHS shall comply with all requirements of 24 CFR SUbpat1 F pcrtaining to affordable housing including, but not limited to, the following: I. Minimum/Maximum PCI' Unit SubsidvIValuc: The minimum pre-unit subsidy amount for HOME Investment Partnership Program entitlement funds invested shall not be less lhan One Thousand dollar ($1,000). Thc maximum per-unit subsidy/valuc of unils assisted with 1101'\'1 E funds shall not be no more than the per-unit dollar limit established for mortgages insure under Section 221 (d)(3 )(ii) of the Nationalllousing Act for the Tumpa-Clearwaler-St. Petersburg mctropolitan area. 2. Affordability Period: Rental units shall provide affordable housing to low- Dnd moderale- income households for the following minimum affordahility pcriods. Activity Average Per-Unit IIOME $ Investment <$15,OOO/unit SI5.000-40,OOO/unit >$40,OOO/unit Any dolinI' amount Minimulll Affordability Period Rehabilitation or Acquisition of Existing J lousing Refinance of Rehabililation Project New Constmction or Acquisition of New Housing 5 years 10 years 15 years 15 years Any dollar amount 15 years ., 3. InC0I11C Restrictions: CNIIS tnaintains that the hotl1ebuycr of the nc\\'ly constructed single fcul1ily home income shall not exceed 80 percent of thc arca median income, CNIIS shall be responsible for detcrmining and verifying lhe income eligibility of the HOt-.IE tenants, CNIIS shall determinc the incomc by using thc Scction S Program definilion of annual gross income and shall vcrify the income through third party verifications, 4, Duration of Rcstrictions: the provisions of 24 CFR Subpart F. as it may be amendcd, shall survivc termination of this contract for any reason. 5. Ilousing Oualitv Standards: CNIIS maintains that all new and rehabililated unils shall meet all applicable local codes. rehabilitation standards, and ordinances. in accordance with 24 CFR Part 92.251; as well as the Model Energy Code published by thc Council of American Building Officials (newly constructed units), the Southem Building Coue. thc accessibility requirements of thc Fair 1I0using Act and Section 504 of the Rehabilitalion Act of 1973 or the Cost Effective Energy Conservation and Effectiveness Standards in 24 CFR Part 39 (subslantially rehabilitated unils. dcfined as having a rehabilitation cosl of greater lhan or equal 10 $25.000), CNIIS shall maintain all rehabilitation work funded under this Agreement is performed by properly licensed and qualified contractors in accordance with applicable state, county and city laws and codes and that all rehabilitation work requiring a construction permit. 6. Ilousing Inspections: CNIIS maintains that all units assisted with IIOME funds are decent, safe and sanitary and meet the general conditions lisled in Section 6 of this agreement. FlIl1her, CNIIS agrees that it will make all records and propel1y assisted with I IOt>.IE funds available for inspecl;on within a reasonable period. Throughout a rental project's period of affordability. the Cily shall make inspections of the 1I0f\IE assisted units, at a minimum bascd upon thc table listcd below: Number of HOME Units 1-4 5-25 26 or more Inspection I{eq u i rcd Every 3 years Every 2 years annually 7. Sitc Sensilivitv: CNIIS maintaius that it will not undertake any activity that may adversely effect historic or environmentally scnsitive sites; and to mitigate any findings idenlified in the environmental checklist. The City shall be responsible for ensuring the proposed projects meet the requirements listed in 24 CFR Part 58. 8. Property Management: CNI IS maintains that it will fumish lhe City an updated invenlory listing of property purchased in whole or in part from funds provided under lhis Agreement wilhin fifieen (15) days of thc date of any new acquisition. CNHS shall be responsible for the maintenancc and upkeep of all such propel1)' and maintain sufficient insurance to cover the cost of replacemcnt. 9. Audit: Thc CNIIS maintains that it shall at any time during nonnal business hours and as ortcn as the City lind/or Comptroller General of the United States ami/or any of their duly authorized representatives may deem necessary make available for examination all of CNIIS's records, books, documents. papers, and data with respect to all matters covered by this Agreement and shall pennit the City and/or the Comptroller General to audil and examine all books, documents, papers, records anu dnta relnted to this Agreement. CNIIS mnintains thnt it will. at it own expense contract with an independent Certified Public Accllunling linn to \,erfonn :Ill llrgnni7.ation-wide audit of lhe CNIIS's records in accordnnce with 3 generally accepted accounting rrinciples as stipulated in Oi\1B Circular :\-133, Said audil shall test the fiscal integrity of financial transaclions. the effecli\'cness of financial management syslems and the intemal control systems. as well ilS compliance with the with the terms and conditions of this t\greemcnl; and shall be submitted 10 City within siXly (60) working days of lhc expiration of lhis Agreemcnt. City reservcs the right to retain 1I0t\IE funding subject to lhe submission of such audit(s) by the CIIDO, C. Method of Pnymcllt I. Funding Allocation: Both panies agrees that the total compensation to be paid hereunder for actual expenses incutTed shall be no more than ONE IIUNDRED TWENTY FOUR THOUSAND EIGHT HUNDRED DOLLARS ($ 124.800). The City hereby acknowledges thai the funds provided shall be derived as the 15% CIIDO sel-aside through the FY 1997-98 110;-'\ E Program in the amount of $60.300 and the FY 1998-99 CIIDO set aside in the amount of $64,500, The funds will be expended in accordance with lhe lerms and conditions of lhe agreement. Funds reserved for CNIIS milY increase or decrease, snbject to produclion standards. Any remaining funds shall revert to the City or olher City approved agency should the agency not expend lhe funds according to the terms of this agreement. Such compensation shall be paid in accordance with the projected accomplishments and budget descriplions attached hereto amI made a part hereof as Appendix I. D. Return on Invcstmcnt t. CIIDO Proceeds: Funds generated by the use of these CIIDO dollars shall not be considercd program incomc. The)' will be considered CHDO proceeds. All C!lDO procecds borne out of the use of the FY 1997-98 and FY 1998-99 CIIDO allocations shall be retained by Clearwater Neighborhood I-lousing Services, Inc. (CNIlS) and used for eligible HOME Program activities as approved by the City. CNHS shall expend FY 1997-98 and FY 1998-99 CI IDO funds prior to expending newly allocated funds from the City for an eligible IIOt...1E assisted projecl. 2. Recaptured Funds: Funds recaptured because housing no longer meets the arfordability requirements under 24 CFR Part 92,254 are subject to the requirements of Part 92, and must be properly identified and deposited in the CNIIS's HOME Account for use for additional !lOt-.\E eligible projects. Recaplured funds must be used prior to drawing down of additional IIOME Inveslment Partnership entitlement funds from the City under this Agrcement. CNHS is required to submit an annual report by October 151n of every given year that identifics the cutTcnt unit tenant, and affordability period for all previously \lOME assisted projects detailcd in Part I. Section F,2 or this Agreement, in order 10 detcnnine continued compliance with the arfonlability requirements. E. PI'oject Aplll'o\"all)rocess CNIIS shall submit a completed project proposal package 10 the Cily which includes all of lhe documents referenced in the Procedures !\\anual ilnd demonstrates compliance with CNIIS IIOME regulations stated in lhe Final Rulc, 24 CFR Part 92 prior to City approval of the projecl. Upon complele submittal of the pr"jcct proposal package. the "ity shall respond to project proposats in writing within fifteen working days. Closings on proposed acquisitions shall not be scheduled prior to project approval by Cily. F. PI'ogml11 Evaluation :md ~1onitoring 1, Program Goals: The annual performance under this Agreement slmll he measured agninsl lhe !'r('gram goals set forth in Cl'l\S's Work Program (Appendix I). t\ 2, Plo!!.ralll ivlonitllrilH!.: 'I he City has Ihe righttomllnitor and evaluate all aspecte; of activities carried out hy (,NIIS_ Such evalu:ll;pn will he effected by rhe SlIhlllission of reporte; and information hy CNIIS andllll1nitoring visits of l'NIIS by Cily. 'I he Cily will conduct hiannualml1l1itl1ring/sile \ i,its throughout the cunent contract year. Contractual requirements related to inspections. reports. and records include, but arc l10tlimited to: Program Records~ CNIIS shall maintain mOl1thly bank statement or CNIIS's 1101\-11: ACCOUl1t, recOlus. reports. data and information as may he required by IIll() in 24 eFR Pari 92.50S or the City pertaining to nHIllers of this ^greement. 3. Proiect Files: CNIIS shall maintain accurate individual project files wilh detailed records of each pmperty, including: a, Acquisition. construction or renovntion costs and operating costs attributed 10 a project, idenlifying direct assistance funded through the 1I0i\'IE Investment Partnership fund. CIIDO Proceeds. project revenue or olher sources; b, A copy of the executed note alllllllortgage on the property; c. Set-up/Completion report on the propeny. Completion rep()rts must be submilled t() the City within sixty (60) dnys of rehah/construction and lease-up completion, d, CNIIS's annual report verifying ownership ami household income for each completed IIOME Investment Partnership entitlement assisted IInit throllgholltthe nlTordablc term; nnd e, Docllmenlation substantiating compliance with Equal Opporlunity. Fair Housing and A flirmative Marketing, and olher contractual requirell1CnlS, CNHS shall mainlain a summary of this information and shall submit this in formation to City upon request. These records shall also be made available to IIUD and/or rcpresenlatives of the Comptroller General of the United States for audit, inspeclion or copying purposes during normal business hours. 4, Activities Report: A monthly report shall be complcted on the fOl1ns found in the Procedurcs Manual, attachcd hereto as Exhibil "C", and shall be submitted be the tenth working day of each month, summarizing IIOl\,tE fundcd. and othcr low-incoll1e housing nctivities during the prcvious month and also during the fiscal year-to-date. This report shall delail property acquisition, rehabilitation project status, sale of propcrty, CIIDO Proceeds and description of the fund activity in CNHS's HOME account. This report must include a monthly bank statement of the HOME Account and copies of prior month checks written against this account. 5. Records Retention: CNIIS shall retain all records pertaining to this ^greemenl, including but not limited to financial, statistical, propcrty and programmatic records. for five (5) ycars from the last day of the City's fiscal year (Seplcmber 301h) in which this ^greement expires. fivc years afier the affordabilily period or is term inatcd, ^ II records, however that arc subject to aud il findings shall be retained for five (5) year in the manner prescribed above or until an ongoing audit is completcd and nil issues mised by the audil are resolvcd, whichever is later. Nothing herein shall bc construed to allow dcstruction or records thnt may be required to be retained longer by federal, state or local law. These records shall also be made available to HUD nnd/or representalives of the Complrollcr Gencral of the United Stales for audit, inspeclion or copying purposes during nOrlnal busincss hours. (i, Rcversion of Asscts: CNIIS eertilies lhat il\1ll1edinlely upon the earliesl of: I) the event of defallll under the tel1ns and conditions nflhis Contracl; 2) dissolution ofCNIIS; 3) the termination of any program descrihed herein; or 4) the expiration or termination of this Agreement. if said Agreement 5 is not renewed or extended. any II(J~ I E Investment Pal tnersh ip entit lement funds remaining ill the CNIIS's IIOr-.lE Account. repayments of all loans. proceeds from the sale of rroperty and title to property that has been purchased. newly conslructed. and/or rehahililatcd with IIOi\'IE funds and not yet leased, accounts receivable. and/or proceeds or assets attributable 10 the use of the IIOME Investment Partnership entitlement funds. shall revert tll the City. (,NilS further stipulates that in the e\'cnl that non-expendable personal properly purchased under this Agreement is sold during the term of this Agreement or for one year received by CNIIS al any time after contract expiration. any income from the sale shall be returned to the City within ten (10) days of sale. In the event that the balance of funds held in CNHS's IIOME Account combined with the proceeds from sale of the above mentioned IIOME funded personal property. is not suflicient 10 rera~ 110i\11=. Investment Parlnership entitlement funds drawn by CNIIS on open HOi\IE projecls. CNIIS must provides a written explanation to the City at least 20 working days prior to the sale of any elIDO property. G. Time of Performance I, Annual CIIDO Recertification. The CIIDO Recertificalion documentatil)n as specified in lhe Procedures tvlanual (Exhibit "C") shall clearly denwnstrate the CIIDO Cllntinues to meet the definition of a CI mo. and shall be submitted to the City by Augusl I. 2002. III' the City may decline to recertify and decline to renew this Agreement. 2, Commencement and Term. Services described in this Agreement shall commence on t\larch I, 2003 and shall continue in effect through September 30, 2003, This Agreement is subject tll renewal, through Seplember 30, 2003. only if the CNIIS has been recertified according to Part I, Section II. Paragraph I. and has made significant progress toward the perfol1llance of the goals slipulated in Ihe Work Program 3. Reallocalion of Funding. Upon consideration of renewal of this Agreement, the City shall evaluate the performance of CNHS in comparison to the goals defined in the Work Program), In the evenl that there is Ill) activity toward these goals, the City has the right to divide the funding stipulated in litis Agreemenl among other qualified CIIDOs. PART 11- GENERAL TERI\IS AND CONIlITIONS I. Uniform Administrative Requirements: As a non-profit organization, CNIIS shall cOlllply with the requirements and standards of OM B Circular No, A-I22, "Cosl Principles for Non-profit Organizations" (Exhibit "\-I") and the following requirement of 24 CFR part 84, which establishes uniform administralive requirements for Federal grants and which apply to subrecipients: 84,2, 84.5,84.13-84316,84.21,84.22.84,26-84.28, 8,UO. 84.31-84,37,84.40-8'1.48,84.561. 84.60- 84,62.8.1.72, and 8.\,73. 2. Religious Organizalions: As partial cOllSidernlion of receipt of funds under this Agreement: a. CN\-IS shall nul discriminate against any employee or applicanl for employment onlhe basis of religion and will not Iill1il employment or give preference in employment to persons on lhe basis of religion; b. CNIIS shalll10t discriminate against any person seeking assistance from the CNIIS on the basis of religion and will not Iimil services or give preference to persons on the basis of religion; c, CNIIS shall provide no religious inslruclion or counseling. conduct no religious workshops or services. engage in no religious proselytizing. and exeli no olher religious influence on any clienl or employee of CNIIS; 6 d, No property from which ~el\-ices are !'rnvidcd undcr this Agreement shall contain rcligious symbols or decoration or the term of this Agrecmcnt and thc tenll of any mortgage and/or promissory notes issued pursuant tn thi!> Agreement; and e, CNIIS shall include subparagraphs ..\-n, above. in an)' subC0ntracts pursuant 10 this AgrcemenL 3, Ulher Program Requirements: CNIIS shall comply with all requiremellls of 2,ICFR Subpart II. but not limited to, the following": 11, Equal Opportunity, Inc order to maintain statistical data on the use and participation of minority and owned business enterrrises as contrnclorlsubwntrnctors in 1I0t\IE Program conlracting activities, eNllS shall be required to identify projects which have been bid by. and conlracted and/or sub-contracted to minority owned, women owncd, and 'or small or disadvantaged business, by project dollar value. CNIIS shall provide cerlification of compliance with all federal requirements under equal opportunity legislation including. but limited to the following: b, The requiremenls of Fair 1I0using Act (.\2 U,S.C. 3601-20) and imrlementing regulations al 2,t CFR Part \00; Executive Order 11063, as amended.(Equal Opportunity in 1I0using) and implementing regulations at 24 CFR Part 107; and title Viol' the Civil Rights Act of 1964 (U .S,C. 2000d) (Nondiscrim inat ion in Fcderal Assisted Programs) and implcmenting regulations issued at 24 eFR Part I; c, Thc prohibitions against discriminalion on thc basis of age uncleI' the Age Discrimination Act of 1975 (42 U.S,C.61 0 1-07) and implementing regulations Ul 2.\ CFR Part l.t6, and the prohibitions against discriminalion against handicapped individuals under section 50 of the Rehabilitation Act of 1973 (29 U.S.c. 794) and impkmenling regulations al 24 CFR Part R; d, The requirements of Executive Order 11246 (Equal Employment Opportunity) and the implementing regulations issucd at 41 eFR chaptcr 60; e. Section 3. Any contract exceeding $200,000 and an)' subconlract exceeding $100,000 shall comply with Section 3 of the I lousing and Urban Develorment Act of 1968, as amcnded, 12 U.S.C. 170 I u, CONTRACTOR shall comrly with HUD's Regulations in 24 CFR Part 135, which implement Section 3, and shall include the following clause (referred to as the Section 3 clause) in all subcontracts resulting from the commitment of funds under this Agreement: f. Thc work to be perfonncd undcr this contract is subject to Ihe requircmcnts of Section 3 of the Housing and Urban Dcvelopmcnl Act of 1968, as amcndcd, 12 lJ ,S,c. 170 I u (Section 3). Thc purposc of Section 3 is to ensure that cmploymenl and other economic opportunities gencrated by IIUD assistance or HUD-assisted projecls covered by Section 3. shall, to lhe greatesl extent fcasible, be directed to low- and vcry low-income persons, part icularly rersons who are recipients of HUD assistance for housing. g. The parties to this contract agree to comply with IIUD's regulalions in 24 CFR Part 135, which implement Seclion 3. As evidenced by their execution of lhis contracl, the parlies lhis conlract certify that they are under no contractual or other impcdimenl that woull! prevenlthelll form complying with the Part 135 regulations, h. The conlractor agrees to send to each labor organization or reprcsentalive of workers with which the contractor has a collective bargaining agreement or olher undcrslanding, if any, a notice advising the labor organization or workers' representative of the contractor's commitments under this Seclion 3 clause, and will pnst copies of the notice in conspicuolls place at the works site where both employees and applicants fnr training aud employment 7 positions can see Ihe notice. The notice ~hall desclih:- the Section 3 preference. shall set forth minimum number alld job title subject to hire, a\3ilability or 3Pl'renticeship ano training positiolls. the qualificalions for each: and the name and location of the person(s) laking applications 1111' each (1f the positions: and the anticipated date the work shnll begin, I. The wntrnctor agrees to include thi~ Sed ion 3 clause ill every subcontract subject to compliance with n:gulath'lls n 2.1 erR Part 135 and agrees to t3ke nppropriate nction, as provided in an applicable provision of the subcontractor or in lhis Section 3 clnllSe, upon a finding that the subcontractor is in vil11ation of the regulations in 2,1 eFR Part 135, The contrnclnr will not subconlractor with any subcontractor where the contmclor has nolice or knowledge that the subcontractor has been found in violation of the regulalion in 24 CFR Pari 135, j, The cl1nlraclor will cerlify that any vacalll employmcnt positions. including training positions, that arc filled (I) after the contractor is selected but before the contract is employment opportunities 10 be dirccted, were, nol tilled to circuJl1\'entlhe contractor's obligations under 2,1 CfoR l'al1 135, k. Noncompliance with Il1In's regulations in 24 eFR Part 135 may result in sanctions, lermination of this contract for derault. and debarment or suspension from rurther JIUD assisted contrnctors, .I. The requirements of Executive Order 11625 (conceming tvlinority Business Enterprise), and 12138 (concerning Woman's Business Enterprise), Consistent with IlllD's responsibililies under lhese orders. each applying entity must make efforts 10 encourage the use of minority and wOl11en's business enterprises in connection with 1I0f\IE funded activities, An applying entity musl prescribe procedures acceptable to City to estahlish activities it ensure the inclusion, to the maximum extent possible, uf minorities and women, and entities owned hy minorilies and women. To encourage the use or women. To encourage the use of women and minority owned businesses in bids for the Program, City will provide on rcqllcslthe latest list of such business. 4. Fair Housing/Affirmative Marketing. CNHS shall comply with all United States Department of II0using and Urban Dcvclopmcnl and City of Clearwater Fair I lousing and Affirmative t\1arketing requirements and policies, as set forth belo\\': a, CNHS shall be required to use affil111ative fair housing marketing practices in soliciting clients, determining eligibility and concluding transactions. and affirmatively further fair housing efforts according to eFR Part 570.904~, b. CNJIS shall solicit applications for vacant units from persons in the housing market who arc least likely to apply for the rehabilitated or new housing without bene tit of special outreach efforts. Persons who arc not of the race1elhnicityof the residents of the neighborhood in which the rehabilitnted building is located shnll he considered thosc lenst likely to apply, c. CNIIS advertising of vacant units, must include an equal opporlunity logo or statemenl, 10 be provided by City, Advertising media may include newspnpers. radio, lelevision, brochures, Icanels, or a sign 011 the plOpelty, CNIIS may use community organi7alions, places of worship. employment centers, fair housing grollps. hOllsing counseling agencies, social service centers or medical service centers as resources for lhis oulreach, d. CNIIS must maintain a file containing all marketing efforts (i.e. copies of newspaper ads, memos of phone calls. copies or letters, ctc.) to be availahle for inspcction on reqnesl by City. x e. l'NIIS shall maintain a listing of all hmilies reSlllll1~ in each unit. City will assess the art1rmative marketing effClrts of eNllS b: comparing predelermined occupancy goals (hased on the area from which potential families \\ill come) r. City will also assess the efT(lrts of l'~\lS during the marketing of the units h\ use of a compliance certification or personal monitoring visit tn the project at least annually_ g. Those participating entities requesting IIUt\IE Investment Partnership entitlement funds for developments containing:) or 1110re units l11ust prm-jde a description of intended actions that will inform and otherwise attract eligible persons fr\lm all racial. ethnic. and gender groups in the housing markel to the available housing, In such cases, CNIIS must provide City with an annual assessmenlofthe aftirmalive marketing progrilm. Said assessment must include: h. "Iethods used to inform the public and potential owners about federal fair housing Jaws and affirmative markeling policy (i,e. the use of the Equal Ilousing Opportunity logotype or slogan in print advertising); I. "tethods used to inform and solicit applications from persons in the housing market who arc not likely 10 apply wilhoul special oulreach; J. Records describing actions taken by the participating. entily and 'or owner to affinllatively market units; and records to assess the results of these actions. 5 Anti-displacement. CNIIS shall not cause pennanent displacemenl of current residents under the tenns of this Agreement; shall inform sellers of property of the fair market value of such property, and that CNIIS or buyer docs not have the power of eminent domain and ill not acquire the property unless a mUlually agreeable price can be negl,tiated; and shall not acquire any property thai would result in the displacement of exic;ting tenanls. CNIIS further agrees that if involuntary or economic displacement occurs as a result of CNIIS actions, CNIIS s/tall bear all the costs of relocation under the Uniform Relocation Assistance and Real Property Acquisitiol1 Policies Acl of 1979. as amended, and Section I 04(d) of the lIousing and Community Development Act of 1994, as amcndcd. 6, Labor Standards, Projects to be constructed or rehabilitated which contain 12 or more IIOME assisted units, shall comply wilh the DavisIRacon Act. applicable provisions of the Contract Work I lours and Safety Standards Act. and other applicahle federal laws and regulations pertaining to Labor Slandards. 7, Lead-Based Pain!. lIousing assisted with \lOME Investment Partnersh ip ent it(emetlt funds constitules \lLlD Assisted housing for the purpose of the Lead-Based Paint Poisoning Act and is therefore, subject to 24 CfR Part 35, and shall require cach and cvery ou)'er of subject Properties to execule lhe "Watch Out for Lead Based Poisoning" Notifications, found in the Procedures Manual. atlachcd hereto as Exhibit "C (I)", All stich executed Notificaliol1s shall be maintained in CNIIS project file and a copy submitted to Cil)' upon reques!. 8, Connict of Interesl. CNIIS shall ensure that no mcmber of or delegatc to the Congress of the United States of America shall be admitted 10 any share or pari hereof or 10 any benefit 10 arise herefrom, In addition, CNIIS shall ensure lhat tlO empluyee or consultant of the City or a subgrantee, or its designees or agents, no member of the City Council. and 110 other elected or appoinled official or officer of lhe Cily or a suhgrantee who exercises or has exercised any functions or responsibilities with respect to the IIOrvlE program during his or her tenure or for one year thereaner. shall have any interest. direct or indirect.. In an)' contract or suhcnrllract. or the proceeds thereof. either for themselves or those with whom they have family or husiness tics. for work tll be performed in connection with the services pnwidcd under this Agreement. q a, CNIIS shall maintain a code or standards of conduct that shall govern the perfonnance of its officers, cmployccs or agcnts engaged in lhe awarding and administration of conlracts using funds provided under th is Agreemcnt. No employce, officer or agent shall participalc in the seleclion. award or administration of a contract in which said funds are used. where he or his imll1ediate family. partners. organization in which he or his family or partner has a financial interest or with whom he is negotiating or has any arrangement concerning prospective employment. b. CNIIS officers, employees or agents shall neither solicit nm accept gratuities, favors or anything of monelary value from contraclors or potential contractors. Such standards shall provide for disciplinary actions to be applied for violations of such standards by CNHS's officers, employees or agents. HUD may grant exceptions to this nile as provided in 24 CFR 92.35. 9. Debarment and Suspension. CNHS attests that it has not been debarrcd, suspended, proposed for dcbannent, or ineligible from participating in federally funded projects, and acknowledgcs lhat it shall nol cmploy, award, or fund any contractors or subcontractors that have been debarred, suspended, proposed for debanllcnt, or incligible from participating in the federally fundcd projects. 10. Flood Insurance, In the event that propertics are locatcd in a Flood Zonc, this Agrccmcnt is prcdicated upon CNHS certifying that eithcr the cost of rchabilitation necessary to meet all applicable codes and standards does not excced 50 percent of thc appraised value of the property improvcmcnts, or that the lowest habitable floor level is at or above the allowable flood level based upon a valid survey, prepared by a licensed surveyor. If projects can be financed with 1-IOT\-1E Investment Partnership entitlement funds as a result of compliancc with either of lhcse rcquirements, buycrs shall maintain noor insurance for full replacement value as requircd by mortgagees. II. Lobbying Prohibited. CNIIS certifics, to thc best of it's knowledge or bclief, that: a. No fedcra! appropriatcd funds have been paid or will be paid, by or on bchalf of CNIIS, to any person for innucncing or attempting to influence an officer or employec of any agency, a mcmber of Congrcss, an officcr or employee of Congress, or an cmployee of a mcmbcr of Congress in connection with thc awarding of any federal contract, the making of any fcderal grant, the making of any federal loan, the entcring into of any cooperative agreement, and lhe cxtcnsion, continuation, renewal, amendmcnt, or modification of any fcderal contract, grant, loan, or cooperative agrcement. b. If any funds other than federal appropriated funds havc bcen paid or will be paid to any person for influencing or attempting to influencc an officer or employee of any agcncy, a mcmbcr officcr or employee of Congrcss, or an employee of a mcmber of Congress in conncction with this fedcral contract, grant, loan, or coopcrativc agrecmcnt, CNHS shall comptctc and submit Standard Fonn-LLL, "Disclosure Fonn to Report Lobbying," in accordancc wilh its instructions, with a copy of said submittal providcd to City within tcn (10) day of submission. c. CNHS shall rcquire that the language of this certificalion be includcd in the award documents for all sub-awards at all tiers (including subcontracts, subgrants, and contracts undcr grants, loans and cooperative agrecmcnts) and that all sub-rccipients shall ccrtify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entcrcd into. Submission of this certification is n prcrcquisite for making or entcring into this transaclion imposcd by section 1352, Tille 3 I, 10 I J.S, Code, Any per~on who fails to file the rl'ljuirl'd certification ~hall be subject to a civil pcnalty of not less thall S I a.oon and not nH1rl' than $100.000. J 2, Enforccmcnt. City shall have the following pc'\\'ers to enforce this Ag.rl'ement. All transactions and relatl'C1 documents must be pre-approved by the Cily to assure compliance wilh all provisions 01'2.\ CFR. Part 92. City may enforce this ^greemclltthrough terminalion. a~ f(1llows: I J. Termination of Contract for Cause. If. through any cause, either party shall fail to fulfill in a timely and propcr manner its (lbl igation undcr Ihis Agrecmenl. or shall violate any of lhe covenants. agrecments. or stipulations of this Agreement, the other pal1y shall thereupon have the right to terminate this Agreement by giving written notice to said party of such tel111ination and specifying the effcctivc dalc lhcrenf. at Ica~t five (5) days before the effective date of such termination. In such cvent, assets shall bccome the property of the City in accordance with Part I, Seclion F. Paragraph 3 or this Agreement. Notwithstanding thc abovc. ('NilS shall not be relieved of liabilily to the City for damages sustained by the City by virtue of an)' breach of this Agreement by CNIIS, The City may withhold any payments to CNIIS for the purpose of set-off until such time as the exact amount for damages due to the Cily from CNIIS is uetcnnined, 14. Force Majcure. This Agrecment may not be so terminated if thc failurc to perform rises from unforeseeable causcs beyond the control ami without the fault or ncgligence of either party. Such causes may include, but are not restricted to acts of Uod. acts of the public enemy, acts of lhe Govelllll1Cnt in either its sovereign or contractual capacity. fires. floods. epidcmics. quarantinc restrictions. slrikes and unusually severe weather; but in every case the failure to perform musl be bcyond the control and withoul the faull and negligence of either party, In thc event of default. lack of compliance or faillll'e to perf 01111 on the pari of CNIIS. City reserves lhe righl to exercise corrective or remedial actions. to include, but not necessarily be limited to: Requesting additional information from CNIIS to detem1ine reasons for, or extent of noncompliance or lack of performance; issue a written warning advising CNIIS of deficiency and advising CNIIS that more serious sanctions may be laken if situation is nol remedied; advise CNIIS to suspend, discontinue or not incur costs for activities in queslion; withhold payment for services provided; or require CNIIS to reimburse City for amount of costs incuned for any items determ ined ineligible, 15. Termination for Convenience. City may term inate this Agreement at any time, by giving writtcn notice to CNIIS of such termination and specifying the effective date of such tel111ination, at least fifteen (15) days before the effective date thcreof. In that event. assets shall become the property of the City in accordance with Part I, Section F, paragraph 3 of this Agreement. I I' this Agreement is lenninated by City as provided herein, CNllS will be paid an amount which bears the same ratio to the total compensation as the services actually performed bear to the total services of CNIIS covcred by this Agreement, less paymcnts of compensation previously made. 16. Assignment and Subcontracting. CNIIS shall not assign or otherwise transfer any interest in this Agreemenl nor enter into any subcontmcl pursuant to this ^greemcnt without submitting said proposed subcontract to the City and withoul the prior writtcn approval of lhe City of the proposed subcontract. All fedcral requirements of this Agreemenl shall be applicable to any suhconlrncts entered into under this Agreement and it shall be eN liS's responsibility to enslll'e that all federal requiremcnts arc included in said subcontracts and that all subcontractors abide by said requirements. Cily shall have the righl to withhold approval at its sole discretion. 17. II UlJ Requirements: Unearned payments under this Agreement may be suspended or tenn inated upon refusal to accept any additional condilions thai may be imposed by HUD at any time, 18. 1I0ld lIarmless: CNIIS shall defend. indemnify and hold thc City and all of its officers an d employees, including but not limited to mel11ber~ of the Clcarwater City Commission. harmless from and against all costs. expenses, liabilities. suits, claims. losses damages. and dcmands of every II kind or naturc. by onc or on behalf of any person or persons wllllmsoever or whatsoever arising out of or in any mattcr rcsulting from or connected with any accident. injury. death or damagc which may happen during thc timc period covered by this :\greement for services undcr the administration and direclion of said CNIIS will dcfend any actions or suits brought against thc City by rcason of CNIIS's failure or neglect in complying with an)' pI' the conditions and obligations of this Agrcement, or an)' 1011 liability arising out of actions of ('NilS or any of its agcnls or subcontractors, 19, Construction Bondin!! and I nsurance: A II constrllction conlracts or suhconlracls over $1 OO,OOll let as thc rcsult of lhis Agrecment shall include thc following requirements: a) a bid guarantee, such as a bid bond. cashier's chcck or ccrtified chcck. from each biddcr cquivalcnt to fivc perccnt of the bid pricc; b) a perfonnance bond for I DO perccnt of the contract price, allll c) a paymcnt bond for 100 percent of the contract price, All such bonds obtained must he from companies listed in Treasury Circular 570, and provided to City prior to commcncement of construction, 20. hlsurance: CNI IS shall maintain insurance co\'Crage in form and amount deem cd adequate by lhc City for all risks inhercnt in the functions and aspects fits operation including but not limitcd to risks of fire. casualty. automobile liability coverage, workmen's compensation insurance as required by la\\', and public liability insurance for personal injury and property damage. a' As a minimum. CNI IS shall maintain public liability insurance including contractualliabilily coverage with a combined single limit of S 1.000,000 and automobile liability insurance with coverage including $100,000 personal liability. $300,000 for any single incidenl and 550,000 properly damage, Property casualty and Ilood insurance must be maintained in an amount equal to the replacement value of the property, b. City as an Additional Insured, CNIIS shall have the Cily named as additional insured under the coverage provided by all policies required by this Agreemcnt. with the exccption of workmen's compcnsation insurancc. The City shall bc aOarded the samc nolicc as thc named insured in thc cvcnt of canccllation of any policy by an insurancc company, c. Ccrtificates of Insurance, CNI IS shall submit to lhc City. prior to the distribution of any funds under the Agreement, proof of insurance coverage which shall consist of a copy of all policies cvidencing such coverage. The Cily reservcs the right to rcquest proof thai the insurance premium for such policies effective during thc term of this Agrecmcnt has been paid, 21. Copyrights and Patents: If this Agreement rcsults in a book or othcr copyright materials or patent materials, CNHS may copyright or patcnt such, but City and the United States Govel1lment rcserve a royalty-frce, nonexclusive, and ilTevocable liccnse to reproduce, publish or otherwise use such matcrials and to aulhorize others to do so, 22. Nolificalion. Allnolices, rcquests, demands or other communications hercunder shall be in wriling and shall be decmed to have becn servcd as of thc postmark appcaring upon the envclope if sent by the Unilcd Slates mail, at the address listed below, or upon the aclual dale of delivcry if hand delivercd to the address Iislcd below. Eilhcr party may change the below listcd address at which he receivcs wriltcnnoticcs by so notifying the other party hereto in writing. ADDRESS OF CITY: City of Clearwater I lousing Division Pust Office Box 4748 (ifmailcd) 112 South Osceola A vcnuc (if dclivered) Clearwater. Florida 33758 ADDRESS OF Clearwater Neighborhood I lousing_ Services, Inc, 608 North Garden Avenue Clcarwater. Florida 34618 12 Should an)' scction or any part of any scclion of this Agrccmcnt bc rcndcred void, invalid or uncnforccablc by any court of law, for any reason, such as delcrmination shall not rcndcr void, invalid, or unellforccahle any olher sectioll or any part of any section in this Agrecmcnt. 22. Modilication: No oral agrcemcnt or conversation with any officer, agent or cmploycc of lhc City, cither beforc or allcr cxcculion of this Agrecmcnt shal1 affcct or modify any of the lellllS or obligations contained in this Agrcement. Any such oral agrccment or convcrsation shall be considercd as unofficial infonnation and in no way binding upon the Cily. This Agreement shall not bc modified cxccpt in writing signed by authorized reprcscntatives of both partics. 23. Non-Waivcr: No forbcarance on the part of either party shal1 conslitntc a waivcr of any itcm requiring pcrformance by thc olher party hcreunder. A waiver by onc party of the olher party's performance shatt nol constitule a waiver of any subsequcnt pcrfommnce required by such other party, No waiver shall be valid unless it is in writing and signcd by authorizcd reprcsentatives of both partics. IN WITNESS WHEREOF, thc parties hcrcto have caused this Agreement to be executed by their duly aulhorizcd officiats on the day and date lirsl abovc indicated. CLEARWATER NEIGHnORIIOOD HOUSING SERVICES, INC. " / \' J' I , . f I' \ By, ~ . ..( ,..= President . I ~ f- /_, r ,,' ,-<' / '.. .' .. -~,,_ \ .. ,I ~'1" Date A TrEST: '4 / ,," I __ '../ r.( ('/" .t., .( ,/o--f-J'~ ." ' Secretary /j I Date Countersigned: CITY OF CLEARWATER, FLORIIlA By: William B. Horne, II City Managcr Brian J. Aungst Mayor-Commissioner Approvcd as to form: .~') '7\':/ / /i fL., ,/" J. / / 'j! 1.[ ,:, I " ^ //.-_.. jiryan<u. -Xut t :!.!. .. Assi~tant City Attorney Attest: Cynthia E. Goudeau City Clerk 13 . ITEM # 2-0 . Finill :\geIHbltern # (V, R \ , ../ (; Clearwater City Commission Agenda Cover Memorandum Worl-session Item it: .\leeling Dille: 5/1/03 SUBJECT/RECOMMENDA TION: Approve the Conditional Assignment of Lease for room 4 in the Municipal Marina from Thomlls C. and Patricia A. Wolkowsky, d/b/a Pirates Pantry, to Denis A. and Cheryl L. White, d/b/a Pirlltes Pantry. x ,1Ild Ihilllhe appropriille officiills be ilulhorized 10 execule ~,lI11e. SUMMARY: · Thomas C. Wolkowsky and Patricia A. Wolkowsky entered into a three (3) year lellse with the Ci ty of Clearwater for the marina building spllce occupied by the Pirates Pantry on September 1, 2001. . The Pirates Pantry lease will expire on August 31, 2004. · The monthly rent for the Pirates Pantry lease is $324.59 per month, plus tax llne! six (6) percent of yearly gross sales exceeding $65,000.00. A consumer price index (Cpn will be added to the monthly rental payment on January 1 sl of each year of the lease. Under the terms of the lease, the lessee is responsible for all improvements, maintenance, insurance, taxes and utilities for the rented space. · Thomas C. Wolkowsky and Patricia A. Wolktwsky have advised the City that they would like to sell the Pirates Pantry business to Denis A. White and Cheryl L. White. · Denis A. White and Cheryl L. White will assume and agree to perform every covenant and obligation of the Lease Agreement and they will sign a Guaranty of Payment of Rent under the lease agreement for $5,518.03. The following documents are available for review in the Official Records and Legislative Services Department: ;'(C;ondi tional Assignment of Lease *Guaranty of Payment DE Rent under Lease Agreement *Limitation of Liability l'(Consent of Assignment Finilnce 'v'r(\ h Orij;inating Dept.: Marine & Aviatio (Bill Morris) User Dept.: Marine & Aviation (Bill Morris) Attachments Costs Totill N/A Reviewed by: /--" - " ."..). ~,j Legill (i>f l "- Budgel N/A Purchilsing N/A Risk Mgml N/A Info Srvc Public Works DCMlACM Current FY Funding Source: CI OP Olher Submitted by: ""i1 . a j , I CilyManaJ:er ~ ~ Printed on recycled 1).lPet' o None A ro lri.llion Code: (, CONDITIONAL ASSIGNMENT OF LEASE In consideration of the sum of One Dollar (S1.00) and other good and valuable considerations, the undersigned, Thomas C. Wolkowsky and Patricia A. \Volkowsky, d/b/a Pirates Pantry, hereby sells, transfers and assigns all of its right, title, and interest in and to that certain lease dated the _ day of , 2003 by and between the CITY OF CLEAR \Y./ A TER, FL IDA, a mu icipal corporati09 as Lessor, and the undersigned, as Lessee, to · , d/b/a Pirates Pantry, effective as of ,2003 which said lease cov 5 room 4 on the Ground Floor in the Clearwater Marina Building, located on Lots 11 and 12 of CITY PARK SUBDIVISION, Clearwater Beach, Clearwater, Florida. IN WITNESS \Y./HEREOF, Thomas C. \Volkowsky and Patricia A. \Volkowsky, d/b/a Pirates Pantry, through its offices have caused this instrument to be executed this day of ,2003. !a~~ JdLft)' jv~~ Pirates Pantry . L;i~<vO (!. V dfPluS tv, was C. ,Wolkowskj' / ~~ {(. Va Patricia A. W olkowsky Witnesses: This Assignment of Lease is conditional upon approval of the Clearwater City Commission. CONDITIONAL ASSUMPTION OF OBLIGATIONS UNDER LEASE The undersigned,~.:r~,hY-,/,..,~( C:/ I/$~i;~' in consideration ofthe above and foregoing Assignment of Lease to them, andJh further consideration of the consent thereto by the City of Clear water, Florida, hereby assume and agree to perform each and every covenant and obligation of said Thomas C. Wolkowsky and Patricia A. Wolkowsky, d/b/a Pirates Pantry, accruing under the Lease, effective as of ,2003, and for the remainder of the term thereof. IN WITNESS \VHEREOF, we have hereunto set our hands and seals this day of ,2003. t1.~,~ {d/~ Piratesp~ ~. '. -'{01<~, ~d~ ""/",7- (' A:..e/,,/(,, t.. -, I'I'/rr,l7~, ,I' V Witnesses: Conditional Assignmenl of Lease - Pirates Panlry E h'b' "C" x I It GUARANTY OF PAYMENT OF RENT UNDER LEASE AGREEMENT ~.d day of, 2003, by ~s-. ity of Clearwater, County of Pinellas, State of Florida, herein referred to "Personal Guarantors: being the owners respectively, of the Pirates Pantry, herein referred to as "Obligor: to CITY OF CLEAR \Y./ A TER, C/O City Attorney, P.O, Box 4748, CleMwater, Florida 33758, herein referred to as "Obligee". RECITALS 1. Obligee has leased premises at 25 Causeway Blvd. to Obligor, whose business address is 25 C.\Useway Blvd" City of Clearwater, County of Pinellas, State of Florida, for use by Obligor in conducting its business of a mini-mart, 2. The lease is conditioned upon guarantors giving security for payment of rent thereunder in the form of a personal guaranty. SECTION ONE STA TEMENT OF GUARANTY Guarantors guarantee payment of rent under the attached lease agreement pursuant to the terms thereof. If obligor defaults in the payment of any installment of rent, guarantors shall pay the amount of such installment within 30 days after receipt of notice of default and demand for payment. Guarantor's liability hereunder shall not be affected by reason of any extension of time for payment of any installment granted by obligee to obligor. SECTION T\VO DURA TION This guaranty shall not be revoked during the three-year term of the lease. Thereafter, if the lease is renewed on thc same terms, this guaranty shall remain in force until rcceipt by obligee of written notice of revocation from guarantors, or until terminated pursuant to Section Three hereof. Renewal of the lease on different terms shall, at the option of the guarantors, operate to terminate this guaranty as of the end of the three-year period. Pirates Pantl'f Room 4 Lease Page 10 SECTION FOUR SECTION THREE LIMITATION OF LIABILITY The maximum amount recoverable by obligee from guarantors pursuant to this guarantee is $5,518.03; amount is equal to the total rent due during the initial three-year term of the lease. If the aggregate of payments made by guarantors hereunder reaches the above- mentioned amount, this guaranty shall terminate immediately. \y/AIVER OF NOTICE OF ACCEPTANCE Notice of acceptance of this guaranty is expressly waived. ~ ~N \VITNESS \VHEREOF, guarantors have executed this guaranty at 'f '1 () ~ the day and year first above written. I I /a~.~,{#WI' Witness Guarantor - !~~ ~~ Witness {J~ c:< ~ Guarantor - thlUl{\ L. ~tcz Denis and Cheryl White Room 4 Lease Page 11 CONSENT TO ASSIGNMENT The CITY OF CLEAR \Y/ A TER, FLORIDA, a municipal corporation, the Lessor in the above described lease agreement, hereby consents to the foregoing assignment thereof from Thomas C. \Y/olkowsky and Patricia A. \Y/olkowsky, d/b/a Pirates Pantry, and releases same from any further obligation to the City of Clearwater. IN \Y/ITNESS \Y/HEREOF, this consent has been signed by and through the proper officials of said municipal corporation, this day of 2003. Countersigned: CITY OF CLEAR \Y/ A TER, FLORIDA Brian J. Aungst Mayor-Commissioner By: \Y/iIliam B. Horne, II City Manager Approved as to form: ~n <"J i 1)( ~M;' I / 1::;/ ~ -Bryan J? Ruff ~ / / Assist;lnt City Attorney Attest: Cynthia E. Goudeau City Clerk Conditional Assignment of Lease - Pirates Pantry Final Agenda Item II )JJIC d.- ../ / Clearwater City Commission Agenda Cover Memorandum WorKsession Item Ii: .\1eeling Dale: 5/1/01 SUBJECT/RECOMMENDA nON: Approve the second amendment to the management agreement with the Clearwater Community Sailing Association (CCSA), adding yearly cost of living increases rather than percentage of revenues at the Clearwater Community Sailing Center, (R] and thillthe appropriale officials be aUlhorized to execute same. SUMMARY: · By entering into a management agreement with the Clearwater Community Sailing Association, the City is saving in excess of $125,000 per year. In the FY-04 budget, we request $52,210 versus the FY- 02 budget request that was $182,000. · The Commission approved a $50,000 line of credit to help the Clearwater Community Sailing Association pay salaries during the slow winter months of their start up operations that officially began on October 1,2002. The Clearwater Community Sailing Association borrowed $7,500 to assist in paying salaries at the end of JlInuary 2003. · We propose to eliminate the 20% of gross revenues starting the second month of the second assignment year of the Clearwater Community Sailing Association management agreement and add a cost of living Consumer Price Index each year. This would allow the association to keep the money to reinvest it in the center and build some reserves for the slow months. A copy of the Second Amendment to Hanagement Agreement is available for revie,v in Official Records & Legislative Services. N/A N/t\ Info Srvc N/A Public Works ,::1) DC,wt\CM /~ . /' F l/liUKC TOlal N/A Reviewed by: Legal Budgel Purchilsing Risk Mgml 00;'\ ,.:.; (I-';[)J_, -----'" ~ -\." Originating Dept.: Costs Marine & Aviation Curren I FY Funding Source: CI OP Olher Attachments Submilled h~': J). A A J J CityM"n.'~er ~ ~ o None A rei ri.ltion Code: Printed un recydcll p.lllcr (~( .It /, i \ I. I ' . . SECOND AMENDMENT TO MANAGEMENT AGREEMENT THIS SECOND AMENDMENT TO THE MANAGEMENT AGREEMENT is made and entered into this day of , 2003, by and between the CITY OF CLEARWATER, FLORIDA, a municipal corporation, hereinafter referred to as "City" and CLEARWATER COMMUNITY SAILING ASSOCIATION, INC., hereinafter referred to as "Manager": WHEREAS, City and the Manager agree to this Second Amendment to the Management Agreement dated July 29, 2002, pursuant to the terms described herein. NOW THEREFORE, it is mutually agreed as follows: 1. Paragraph 2 (a) of the Management Agreement shall be added as follows: (a) Base rent: Manager agrees to pay the City as rent during the initial term of this agreement the sum of Twelve Thousand Dollars ($12,000) annually, payable in equal monthly installments of One Thousand Dollars (51,000) per month, the first such installment being payable upon the execution of this agreement, and the balance of such installments being payable in advance at the beginning of each successive monthly rental period thereafter. Also, a consumer price index (CPI) increase will be added to the rent payment on January 1st of each year of the lease starting January 1, 2004. In addition, manager shall pay sales tax on all taxable collected payments. For each successive extension hereunder, the annual rent shall be increased by a sum equal to 5% of the annual rent for the immediately preceding agreement term and such annual rent shall be payable in equal monthly installments. Manager shall pay rent and any additional rent as hereinafter provided to City at such place as City may designate in writing, without demand and without counterclaim, deduction or setoff. (b)-P-erGeAtage-reR~tartfng-the-seGOnd-montfH)f-the-seGOnd-a&Sfgflrnent yeaf;-afld-GOfl~fluing-fBr-tAe-dur-atiofl-Gf-the-assi9Ament-and each extensiOR thereof,-the-maAager-agrees-to-pay-and-Gity-agf8e&-to-aGGept as additional !ll{}Athly-perGeAtage-reAt-an-amouRt-equal-to-tweAty-peFGeRt-(-2O%-}-of-the-prior month~ros&-revenues-le&S-taxeB-GolleGted,-said-payment-due-GFK>f-before the4Qlh -Gay-of-the-rnontt:h 2. All of the terms and conditions of the Management Agreement are incorporated herein by reference and shall continue in full force and effect throughout the remaining term of this Management Agreement. (Je.lrw.ller ( :oll1ll1l1l1ity S.lilil1~ AS50( i.lt i( JIl, I nc. ~1.111.l~t'll1t'..: .\ grcl'lllcnl IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year above written. Brian J. Aungst Mayor-Commissioner CITY OF CLEARWATER, FLORIDA By: William B. Horne, II City Manager Countersigned: Anproved as to form:,.-) ,-~~" ,!) .~. ' / )16,11 / / k fL. .--Srya/ . Ruff/; '/1 Assistant City Attorney Attest: Cynthia E. Goudeau City Clerk CLEARWATER COMMUNITY SAILING ASSOCIATION, INC. By: Barbara M. Short, President Personal Guarantor Personal Guarantor GC.lI\\'.llcr C.ommunity Sailing Associ.nion, Inc. Managcmcnt Agrccmcnt ~~~ ~ ~ <::i ,d.. . ~~~~ :)1~~ ~)~ Clearwater City Commission Agenda Coyer Memorandum Worksession Item #: PR 2- Final Agenda Item # '/ /1 , / 1'..- ...-", Meeting Date: 5/1/03 SUBJECT/RECOMMENDATION: . ~ -. Accent r,rant (total1n,; ~63,200 [or 100;, funtllnf, of three slimmer camp programs) ;lI1d ;Ipprovc the corrcsrondin,~ .:lgrcement from the Juvcnile 1';01 farc ..J3oard. ~ and that tho appropriate officials be authorized to execute same. SUMMARY: . Clearwater Parks and Recreation programs a 10 week Summer Camp for economically disadvantaged children aged 10-14 years at the N. Greenwood Recreation Complex, Ross Norton Recreation Complex and Kings Highway Recreation Center in Clearwater's North and South Greenwood communities. Serving 115 children aged 10-14 years, camp activities will include: drama, tennis, art, magic, computer lab, swimming, field trips, games and sports. This program is compatible with JWS's Strategic Plan in the following areas: providing a substance abuse program, skill development activities, children aged 10- 14 years, community-based activities, structured activities, support from 3 or more adults, quality services and activities while preventing problem behaviors. . The City of Clearwater Parks and Recreation Department has been awarded a grant totaling $63,200 from the Juvenile Welfare Board. . The grant will provide $41,200 funding for 75 middle school aged youth. The grant will cover 100% of the camp that will be hosted at N. Greenwood Recreation Complex for children ages 10-14. . The grant will provide $11,000 funding for 20 middle school aged youth. The grant will cover 100% of the camp that will be hosted at Kings Highway Recreation Center Complex for children ages 10-14. . The grant will provide $11,000 funding for 20 middle school aged youth. The grant will cover 100% of the camp that will be hosted at the Ross Norton Recreation Complex for children ages 10-14. . No matching funds are required. . Hosting the three camps is the City's only requirement. . The following special project numbers have been established for accounting purposes: 181-99831 - Juvenile Welfare Board/N. Greenwood Recreation Complex 2003 181-99833 - Juvenile Welfare Board/Kings Highway Recreation Center Complex 2003 181-99832 - Juvenile Welfare Board/Ross Norton Recreation Center 2003 The agreement is available for reVie\ol in the Official Records & Legislative Services Department. Reviewed bX~"",:\ Legal (Jl}L Budget ~ Purchasing NIA Risk M~lmt ~ Originating Dept: Info Srvc N/A Parks & Recreation Dept. -"Total i;// Public Works ,A4fJt) ...........-Kovln Dunbar, Director \!-,v/ /'\l7) --\1-, DCMIACM (' ~ User Dept. \~,// -Curront FY Other _~!!!'~~_~ ReE!eat~.!l__I?~P!.:<:.___ Attachmonts: Costs 63,200 Funding Source: 63,200 CI OP Othor Grant Submittod by: ..,.., .J') J I City Managor ~~.. ~.. o Printed on recycled paper 2/98 o Nono Appropriation Codo: 5eo abovo Rev. AGREEMENT Between THE JUVENILE WELFARE BOARD And City of Clearwater, Florida Parks and Recreation Department (Middle School-Aged Summer Scholarship Program) I. PURPOSE The Juvenile Welfare Board of Pinellas County, a Pinellas County special taxing district, whose address is 6698 - 68tn Avenue North, Pinellas Park, Florida 33781, hereinafter referred to as "JWB", and the City of Clearwater, Florida. a municipal corporation of Florida, whose address is Post Office Box 4748, Clearwater, Florida 33758-4748, hereinafter referred to as "Provider", enter into this mutual Agreement, including all attachments referred to herein, for the period commencing March 13, 2003 and extending through September 30, 2003. The parties to this contract each in consideration of the undertakings, promises and agreement on the part of the other herein contained, do hereby undertake, promise and agree as follows: II. STAFF Provider agrees to employ staff, at its expense, to execute services provided in accordance with this Agreement. Such individuals shall not be considered employees of JWB or the County of Pinellas, and are subject to the supervision, personnel practices and policies of the provider. Unless otherwise approved by JWB, all staff shall meet qualifications as stated in the application and any approved revisions, which are submitted for fiscal year 02-03 funding. III. SERVICES Provider agrees to deliver services as stated in the currently approved program methodology on file at JWB and to accomplish objectives stated in Attachment 2 in accordance with recognized child welfare practices. as determined by JWB, in service areas stated in Attachment 3, and pursuant to the General Conditions listed in Attachment 1, and any special conditions as stated in Section VIII of this Agreement. IV. FUNDS The budget for both JWB and other funds (if any) for accomplishing the above stated services shall be as set forth in Attachment 4. JWB agrees to reimburse up to $63,200 for the Middle School-Aged Summer Scholarship Program for actual costs incurred for services rendered pursuant to this Agreement. V. METHOD OF PAYMENT 1. JWB issues reimbursements in accordance with the schedule listed on Attachment 5 (or on the preceding working day in case of a holiday). The Provider may select to submit a request for payment every other week or once a month. Request for payment must be accompanied by the appropriate documentation as prescribed by JWB. 2. Requests for advance funds may be made, consistent with JWB policy. Agency: City of Clearwater Page 1 of 3 Section I 4/2/03 .. . VI. TERMINATION 1. It is the intent of the JWB to assure a consistent and orderly delivery of children's services. It is the further intent of JWB to terminate Agreements only in those situations where such action is essential to protection of its interests and the interests of children. as determined by JWB. 2. Except as provided in subparagraphs 3 and 4 below, either party upon no less than thirty (30) days notice may terminate this Agreement. Said notice shall be delivered by certified mail, return receipt requested, or in person with proof of delivery. 3. In the event funds to finance this Agreement become unavailable, JWB may terminate the contract upon no less than twenty-four (24) hours notice in writing to the Provider. Said notice shall be delivered by certified mail, return receipt requested, or in person with proof of delivery. JWB shall endeavor, whenever possible and consistent with its legal obligations and principles of prudent management, to provide 30 days notice for Termination for Lack of Funds. JWB shall be the final authority as to the availability of funds and extension of notice beyond the minimum time herein stated. 4. In addition to the rights as set forth in paragraph VI., 2 above, this Agreement may be terminated by JWB for any breach by Provider of the terms of this Agreement, including all attachments, upon twenty-four (24) hours written notice. Said notice shall be delivered by certified mail, return receipt requested, or in person with proof of delivery. JWB at its discretion may waive any breach by the Provider in writing, but such waiver shall not constitute a waiver of any future breaches. including breaches of the same type. 5. The above provisions shall not limit the Parties right to remedies at law or to damages. VII. COMMENCEMENT OF PAYMENT Unless specifically authorized by JWB, payment for services rendered under this Agreement shall not commence prior to its effective date. VIII. SPECIAL CONDITIONS The following condition(s) apply to all listed programs within City of Clearwater. 1. General Condition #3 (Audit and Management Letter) is waived. 2. General Condition #6 (Board Members and Meetings) is waived. Agency: City of C/carwater Pagc 2 of 3 Soctlon I 4/2/03 ~ IX. INDEMNIFICATION The Parties recognize and agree to abide by the provisions of 9768.28, Fla. Stat. IN WITNESS WHEREOF, the parties hereto have set their hands and seals this day of , 2003. Signed, sealed and delivered In the presence of: JUVENILE WELFARE BOARD OF PINELLAS COUNTY Executive Director Witness Signature Print Name: Print Name: DATE Witness Signature Print Name: IN WITNESS WHEREOF, the parties hereto have set their hands and seals this day of ,2003. Countersigned: CITY OF CLEARWATER, FLORIDA By: William B. Horne, II City Manager Brian J. Aungst Mayor-Commissioner Approved as to form: Attest: Laura Lipowski Assistant City Attorney Cynthia E. Goudeau City Clerk Agency: City of Clearwater Page 3 of 3 Section' 4/2103 '" ATTACHMENT 1 GENERAL CONDITIONS OF THE AGREEMENT 1. Aqreement Revisions This Agreement, and attachments 1 through 4, constitute the contractual relationship between the Provider and JWB. No amendments to this Agreement or its attachments may be made without the prior wrillen approval of JWB and Provider, except as may be provided in General Condition #4. 2. Fiscal Responsibilitv - Provider agrees: A. To maintain books, records and documents in accordance with generally accepted accounting procedures and practices which accurately and appropriately reflect all expenditures of funds listed in Attachment 4. B. That all financial records and supporting documentation shall be subject at all times to inspection, review, or audit by JWB personnel or its duly authorized agent. C. To maintain and file with JWB in a timely fashion reports related to services provided under tt,is Agreement. D. To retain all financial records, supporting documentation, statistical records, and any other documents pertinent to this Agreement for a period of five (5) years after termination of this Agreement. If an audit has been initiated and audit findings have not been resolved at the end of five (5) years, all records shall be retained until resolution of audit findings. 3. Audit and ManaQement Letter Within 120 days of the close of its fiscal year, Provider agrees to submit to JWB a certified independent fiscal audit of all its corporate activities and any accompanying management letter(s). This audit shall be conducted consistent with American Institute of Certified Public Accountants (AICPA) Standards for Non Profit Organizations or other mutually agreed upon standard. The audit will separately identify JWB revenues, fees and donations, and expenditures by program. 4. Other Financial Support A. Within 30 days of the effective date of this Agreement, and at any subsequent time as a revision in the budget may be reasonably anticipated, Provider will submit to JWB for its approval a revised budget which again includes all resources to be applied to the program funded under this Agreement. A written justification will be made of any difference in the proposed budget revision and the approved budget. Statements which reflect reductions in excess of 5% of total program funding or $5,000, whichever is least, as reflected in the approved budget, or reduction in any amount which in the judgment of JWB would significantly interfere with implementation of the program as originally approved, may be grounds for breach of Agreement. B. Provider will report any request to any other source for financial support relating to this program for this fiscal year; and report any other financial support received which amounts to 10% of the total program cost or $5,000, whichever is least, and an explanation of how such additional funds will be used. A full copy of requests or applications for other financial support will be provided if requested by JWB. C. JWB funds will not be used for expenditures also funded by other sources. D. Generally, JWB encourages use of its funds as financial match for securing funds from other sources. However, in such instances Provider is required to obtain prior approval from JWB. Agency: City of Cloarwater Page 1 Of 3 Soctlon II 04/02/039:34:37 AM 5. Pro~ram Monitorin~ Provider agrees to submit progress reports and other information In such format and at such times as may be prescribed by JWB. and to cooperate in site visits and other on-site monitoring (including, but not limited to, access to sites, staff, fiscal and client records, and logs and the provision of related information). 6. Board Members and Meetin~s Within 30 days of the effective date of this Agreement, Provider will submit to JWB a calendar of scheduled Board meetings for the current fiscal year. Approved Board minutes and an updated list of Board Members shall be submitted in accordance with JWB policy. 7. Nondiscrimination Programs receiving funding from the Juvenile Welfare Board shall not discriminate against an employee, volunteer, or participant of the provider on the basis of race, color. gender, religion, national origin, citizenship, disability, marital status, or age except that programs may target services for specific participant groups as defined in the application. Additionally, agencies receiving funds shall demonstrate the standards, policies, and practices necessary to render services in a manner that respects the worth of the individual and protects and preserves the dignity of people of diverse cultures, classes, races. religions. and ethnic backgrounds. 8. Publicizing of JWB Support Provider agrees to identify JWB support on its letterhead, agency newsletter, and other printed materials, and to utilize every reasonable opportunity to publicize the support received from JWB. 9. Publications Provider agrees to supply JWB, without charge, up to three (3) copies of any publication developed in connection with implementation of programs addressed by this Agreement. Such publications will state that the program is supported by JWB. Provider agrees that JWB witl have unlimited use of copyrighted materials developed under this Agreement. 10. Assignments and Subcontracts Provider shall not assign the responsibility of this Agreement to another party nor subcontract for any of the work contemplated under this Agreement, unless so specified in Attachment 4, without prior written approval of JWB. No such approval by JWB of any assignment or subcontract shall be deemed in any event or in any manner to provide for the incurrence of any obligation by JWB in additon to the total dollar amount stated in this Agreement. All such assignments or subcontracts shall be subject to the conditions of this Agreement and to any conditions of approval that JWB shall deE-m necessary. 11. Confidential Information Provider shall not use or disclose any information which specifically identifies a recipient of services under this Agreement, with the following exceptions: a) suctl information may be revealed as may be necessary to implement General Conditions 2 and 5; b) such information may be revealed as may be necessary pursuant to applicable federal, state, or local law and related regulations; and c) such information may be revealed with the written consent of the recipient, or the recipient's responsible parent or guardian, where authorized by law. 12. Return of Funds Provider agrees to return to JWB any overpayment due to unearned funds or funds disallowed pursuant to ttle terms of this Agreement that were disbursed to Provider by JWB, and such funds shall be considered JWB funds and shall be refunded to JWB in accordance with its instructions. Agency: City of Clearwater Page 2 Of 3 Section II 04/02103 9:34:37 AM , 13. Special Situations Provider agrees to inform JWB in a timely manner of any circumstances or events which may reasonably be considered to jeopardize its capability to continue to meet its obligations under the terms of this Agreement. 14. Provider Staff Membership on Board Provider agrees that provider staff shall not serve as members of the Provider's governing board. 15. Measurable Dblectives A. Measurable objectives, objective levels and minimum service levels will be negotiated during the first sixty days of the fiscal year and will be retroactive to October 1 sl. The measurable objectives, objective levels and minimum service levels of the previous fiscal year shall apply until they are renegotiated. B. In instances when measurable objectives, objective levels and minimum service levels cannot be mutually renegotiated between JWB and the provider, the matter will be referred to the Executive Director of the Juvenile Welfare Board for resolution with the agency. If resolution is not reached at this level the matter will be presented to the Juvenile Welfare Board at their January meeting for further action. 16. Waiver JWB reserves the right to waive requirements of the above stated Agreement and General Conditions where warranted by special circumstances. Agency: City of Clearwater Page 3 Of 3 Soctlon II 04/02/039:34:37 AM \ Attachment #2 City of Clearwater Parks and Recreation Department Middle School-Age Summer Scholarship Program Measurable Objectives FY 2002-2003 1. Program will input demographic data on all youth served with JWB scholarships into the JWB SAMIS (Services and Activities Management Information System) by September 30, 2003. 2. Program will administer the participant and parent "Middle School Summer Camp Evaluations" at the end of the eighth (8th) week of the program and submit all evaluations to JWB by August 3D, 2003. 3. Documentation of individual youth/family eligibility for free and reduced lunch or residence in public housing programs must be provided for onsite review. 4. Reimbursement requests are per diem and require documentation of participant enrollment and attendance upon submission with your agency's request for reimbursement. Contract Service Levels Primary Participants Contracted Primary Youth 115 Contracted Primary Adults 0 Total Contracted Primary Youth and Adults 115 Secondary Participants Estimated Secondary Youth 0 Estimated Secondary Adults 115 Total Estimated Secondary Youth and Adults 115 Agency City of Cloarwater 1 of 1 4/2/03 11 :41 AM ATTACHMENT 3 . GEOGRAPHICAL SERVICE AREA Provider agrees whenever possible to maintain service sites which are accessible by public transportation and convenient to the target client group. Provider will advise JWB of any changes made in service sites. The geographical service area for this agreement is as follows: Program Name Service will be provided countywide Services will be provided less than countywide. Service will be provided in the following zip codes (list all zip codes of the target area) Middle School-Age Summer Scholarship Program 33755,33756 Agency: City of Clearwater Page 1 Of 1 Soction IV 04/02103 9:34:37 AM ATTACHMENT 4 BUDGET(S) The provider will deliver services according to the budget(s) following this page. Revised budgets should be submitted by the provider in accordance with the provision of General Condition 4A as found in Attachment 1 of this agreement. Provider may make budget amendments during the fiscal year in accordance with JWB forms and procedures as delineated in the budget amendment approval guidelines established on 7/19/00. Copies of these guidelines are available from JWB upon request. In many instances, budget amendments require the approval of JWB staff. However. there are instances when providers may amend the budget and then notify the contract manager. In such instances. the following guidelines apply: A Funded programs shall make adjustments in accordance with forms and procedures as established by JWB staff. B. A change in an individual position salary or fringe expenditure shall be considered as separate line items. The program may make transfers bet\veen individual salary and fringe lines, but such transfers may not exceed 10% of individual salary and may not exceed the aggregate amount of approved salary and fringe. C. The program may make transfers between operating expense line items of the JWB Allocation not exceeding S1.500 (except Administrative Cost) per line item, and not exceeding S3.000 in aggregate per amendment. D. In accordance with the budget amendment approval guidelines. the program may only amend the budget twice per contract year without JWB approval. Additional budget amendment requests will require the approval of the JWB as per the guidelines. E. Any adjustments made by funded agencies which are not in accordance with JWB policy sl1all be subject to reimbursement of JWB at the discretion of JWB. No adjustment may be made after the budget amendment closing date in September. Reimbursement on per diem contracts may not exceed one-fourth of the total annual JWB allocation in any quarter of the fiscal year without prior JWB approval. Any unused per diem in one quarter may be carried over to a subsequent quarter within the fiscal year given adequate justification and wi1l1 the prior approval of JWB. Agency: City of Clearwater Pago 1 Of 1 Soction V 04/02/039:34:37 AM , FORM 2 MIDDLE SCHOOL-AGE SUMMER SCHOLARSHIP PROGRAM CURRENT & PROPOSED OPERATING BUDGET (ROUND NUMBERS UP TO THE NEAREST DOLLAR) I (1 ) ! i (3) (5) I , (2) I (4) i (6) , I 01-02 , 02-03 I 01-02 02-03 ACCT# TITLE I I ! PROG. i PROG. % JWB JWB I % I I BUDG. , BUDG. I CHG. I AlLOC. I AlLOC. i CHG. I I I ! Salary Accounts: i ! 569, , 20 Regular Salaries and Wages S42,379 i S66,9821 58% I SO SO I 0% I ~ I I I I I Total Salary : $42,379 S66,982 58% SO SO 0% Fringe Accounts: I 569,210 FICA I S3.2431 S5.1271 I I SO! I 58% SOl 0% I I I I : 569.220 Retirement Conlributions SO I SO 0% I SOl SO i 00, I j ,0 I I I I I I 569.230 Life and Health Insurance SOl SOl 0% I SO SO I 0% I I I 569.240 Workers Compensation SO I SOl 0% I SO SO I 0% i I 569.250 Unemployment Compensation SO I SOl 0% I SO SO I 0% : Total Fringe: $3,243 $5,127 58% SO SO 0% Operating Expense Accounts: 569.310 Professional Services S4.200 I S5,900 I 40% I SO SOl 0% I 569.311 Professional ServicesIWorkshops SOl SOl 0% I $0 SO I 0% I 569.320 Accounting and Auditing SO SOl 0% SO SOl 0% 569.321 Bank Services SO I SOl 0% I SO SOl 0% I I 569.330 CourVLegal Services SO SOl 0% SO SOl 0% 569.340 Other Contractual Services SO I SOl 0% SO SO I 0% 569.350 Invesligations SO sol 0% SO SO I 0% 569.400 Travel and Per Diem sol SOl 0% SO SO I 0% 569.401 Conference L SO I SOl 0% I SO SO I 0% I I i -- --- Agency: City of Clearwater Page 1 Of3 04/031038:53:07 AM Section VI '.- .~-~..:; :.: ..J;-....;:~.~,......::: ":",0 ":::'_'..::u ,-,. ':;'.':;::'.1 62~' . I (1) -I (2) (3) , (4) (5) (61 ACCT# TITLE 01-0:2 02-03 01-02 02-03 PROG. PROG. % JWB JWB "I. BUDG. BUDG. CHG. ALLoe. ALLOC. CHG. S69..l02 Transporbllo!\ I $',.9'2 S8,909 -25% SO SO 0'13 569.410 Com mu nlea lions. T eJaphone I $0 SO 0"10 SO $0 0% 569.411 Communications-Long Dlst.'lnCl! SO SO 0% so SO 0% I 569.412 Communications-Postage Clnd SO SOl 0% SO SO I 0% Shipping 569,413 Communication-Internet SO SO 0"10 $0 SO 0% 569.430 Utility Servlcas $0 $0 0% SO SO 00/. 569.431 Water/SewerlSanlbllon SO I to 0% SO SO 0% $01 .-==r 569.440 Rent.als & Leases (Building & Land) SO 0% SO SO 00/. 569.441 Rentals & Leasos - Equipment $0 SO 0% SO SO 0% 569.450 Insurance SO $0 O'Y. $0 SO 00/. 569.<460 Repair & Maintenance Services . SO $0 00/.. $0 SO 0% Equipment 569.461 Repair & MainlBnanee Services . SO so O~ $0 $0 0% Properry 569.462 Repair & Mainten~nca Sorviccs - \ so SO 0% SO $0 0% Grounds 569.463 VehIcle Repair and Manl8nanco SO SO 0% $0 $0 0.10 S&rvices 569.4 70 Printing & BInding SO $0 0'1'0 $0 SO 0% 569.471 Copying & Binding SO $0 0% $0 $0 0% 569.460 PnnnoUonal^c~dos SO SO 0% SO $0 0% 569.461 Adver1islng $() $0 0% $0 SO 0% 569.493 Malcl1 SO SO 0% SO SO 0% 559,494 Admini:;lrulivtl Cost ~O SO 0% I SO $5.700 100% I 559.~95 Rc....ldonti~1 Per Diem SO $0 0% $0 $0 0'10 569.496 Day Program pnr Diem $0 SO oro S50.600 $57.500 '4% . -- -- Agency: City of Clearwater PaglJ 2 Of 3 SectIon VI 041041031:51:46 PM G ~'" ~~ ~. -j f~ I", tt /.-, ..! !;: I.:~. ~ ~~ t.. t~~' ~ =,-, ;.- -' - I I (1 ) (2) i (3) (4) I (5) I (6) I I I , 01-02 02-03 \ 01-02 I 02-03 ACCT# TITLE I PROG. PROG. Of JWB JWB O/e fO I BUDG. BUDG. CHG. ALLOC. I ALLOC. CHG. I 559.497 Day Program Subsidy I SO SOl C" SOl SO I 0" I I ~O I ! 559498 Day Program Hourly Unit Cosl I SO SOl 0% Sol so I 0" I I 569.510 Office Supplies I SO I SOl 0" SO SO I Dc. .0 569.515 Participanl Expenses I SO sol 0% SO SO I 0'- I 569.520 Opera ling Supplies I S18.3781 S27.4461 ':9%. SO SO I O~; 569.521 Food & Nutrition I 58541 53.0591 258~/o SO SO I O~: 569,540 Subscriptions I SO SO 0" I SO SO I D.. /0 I. 569.541 Books I SO SOl 00' SO SOl O.f I /0 10 I 569,542 Dues & Memberships I SO SO 00' SO SOl 0% I 10 I 569.543 Educational Materials I SO SOl 0% SO SOl 0.- IC 569.544 EduC<ltional Training I S20 SO -100% SO SOl 0% 569.590 Depreciation I SO SO 0% SO SOl 00' ic 569.600 OtherlMiscellaneous I SO SOl 0% SO SOl 0% 569.640 Machinery & Equipment (Capital I SO sol 0% SO SOl 0% Outlay) 569.660 Books. Publications. and Library SO SO 0.' SO SO 0% Ie Materials (Capilal) Total Operating Expense: $35,364 $45.314 28% $50,600 $63,200 25% Total Program Expenses: $80,986 $117,423 45% $50,600 $63,200 25% Agency: City of Clearwater Page 3 Of J Section VI 04/02103 2:55:54 PM , 1 FORM 3 MIDDLE SCHOOL-AGE SUMMER SCHOLARSHIP PROGRAM SALARY AND FRINGE PREPARATION FISCAL YEAR 02-03 ! %Tlme Gross I Salary In Fringe In : JWB Request I JWB Request I Salary Position Employee Salary Program Program I For Salary For Fringe Funding % , In I 02.Q3 I 02.Q3 02-03 I 02-03 I 02-03 I ! I Coordinator LaTerza I 10% 560,000 ! S6,OOO 5459j 50 1 50 0.00%1 I I I I J i I programmer.KH Wiggins I 20% 544.500 I S8.900 56811 $0 50 0.00% I I Programmer.RN Menchaca I 20% 531'0001 56.200 54751 SO SO 0.00% i I I IReo Ld,.KH New 100% 53.7121 53.712 $2841 $0 SO 0.00% I Ree Ldr.KH New 100% $4.0841 54.084 $313 SO SO 0.00% I Ree Ldr.KH. slart up TBD 0% $0 SO SO SO SO 0.00% Ree Ldr-NG New 1100% S4.084 $4,084 $312 $0 SO 0,00% Rec Ldr.NG New 100% S4,084 $4,084 $313 $0 50 0.00% Ree Ldr.NG New 100% S4,084 54,084 S3131 $0 SO 0,00% Ree Ldr-NG, New 100% $3.898 53.898 5298 $0 50 0.00% lead-worker Ree Ldr-RN New 100% 53,712 53,712 $284 $0 SO 0.00% Ree Ldr-RN New 100% 54,084 S4,084 $313 $0 $0 0.00% Spedalisl-NG Miller 20% $47.500 59,500 $727 $0 50 0.00% Agency: City of Clearwater Page 1 Of 2 04/02103 2:55:54 PM Section VII . , . % Time Gross Salary In Fringe In JWB Request JWB Request Salary Position Employee In Salary Program Program For Salary For Fringe Funding % 02-03 02-03 02.03 02-03 02-03 Supervisor-NG Sowada 5% 546,500 52.325 5178 $0 $0 0.00% Supervisor-RN Richardson 5% 546.300 S2.315 5177 50 $0 0.00% I TOTALS $307,542 $66,962 $5,127 $0 $0 0.00% Agoncy: City of Cloarwater Page 2 Of 2 04102/032:55:54 PM Section VII . FORM 4 MIDDLE SCHOOL-AGE SUMMER SCHOLARSHIP PROGRAM SALARY AND FRINGE PREPARATION NARRATIVE FISCAL YEAR 02-03 ACCOUNT # ACCOUNT NAME DERIVATION OF FIGURES AND JUSTIFICATION OF INCREASE/DECREASE OR OTHER EXPLANATION AS NEEDED LINE ITEM $ AMOUNT PERCENT INCREASE/ DECREASE 569.120 Regular Salaries and 04/0212003 566.982 58% Wages The Seasonal Recreation Leader at N. Greenwood is a leadworker due to the size of the progam and number of employees in the program. The leadworker salary is 59.74 per hour, all others are 59.27 per hour. The City is funding 100% of 5 camp leaders and supervisory support. 569.210 FICA 04/0212003 S5,127 58% FICA = salary x 7.65%. 569.220 Retirement SO 0% Contributions 569.230 Life and Health SO .0% Insurance 569.240 Workers Compensation 04/0212003 SO 0% Worker compensation is paid annually for all City employees. No additional cost is incurred for this budget. 569.250 Unemployment $0 0% Compensation Agency: City of Clearwater Page 1 Of 8 Soction VIII 04/02/032:55:54 PM . . DERIVATION OF FIGURES AND LINE ITEM S PERCENT JUSTIFICATION OF AMOUNT INCREASEI ACCOUNT # ACCOUNT NAME INCREASE/DECREASE OR OTHER DECREASE EXPLANATION AS NEEDED OPERATING EXPENSE BUDGET NARRATIVE 569.310 Professional Services 04/0212003 55.900 40% Kings Highway Localion Art/music/drama 70hrs x 525 = 1750 Diversity 10hr x 535 = 5350 Quilting 16hr x $75 = 51200 Ross Norton Location Karate 1 Ohr x $30 = 5300 Drumming 1 Ohr x $30 = 5300 N. Greenwood Location Photography 1 Ohr x 525 = S250 Tumbling 9hr x $25 = 5225 Drama 9hr x 525 = S225 Health/Fitness 10hr x 525 = 5250 Double dutch 16hr x 525 x 2 inst = S800 Gardening 10hr x 525 = 5250 Original Budget Calculation =900.00 of BOO.OO + 600.00 + 400.00 + 500.00 + 500.00 + 500.00 569.311 Professional SO 0% Services/Workshops Original Budget Calculation =0+0 569.320 Accounling and Auditing SO 0% Original Budget Calculation =001-0 569.321 Bank Services SO 0% Original BUdget Calculation =0+0 569.330 Court/Legal Services SO 0% Original Budget Calculation =0+0 569.340 Other Contractual SO 0% Services Original Budget Calculation =0.00 + 0.00 569.350 Investigations SO 0% Original Budget Calculation =0+0 569.400 Travel and Per Diem SO 0% Original Budget Calculation =0+0 Agency: City of Clearwater Page 2 Of 8 04/021032:55:54 PM Section VIII " DERIVATION OF FIGURES AND LINE ITEM $ PERCENT JUSTIFICATION OF AMOUNT INCREASEI ACCOUNT # ACCOUNT NAME INCREASE/DECREASE OR OTHER DECREASE EXPLANATION AS NEEDED 569.401 Conference SO 0% Original Budget Calculation =0+0 569.402 Transportalion 04/0212003 S8.909 -25% I\ings Highway location Vans 10 x S90 = $900 Ross Norton location Buses 8 x $281.75 = 52254 N. Greenwood Buses 17 x $225 = S3825 Buses 10 x S193 = $1930 Original Budget Calculation =574.00. 1338.00 + 10000.00 569.4 1 0 Communications-Teleph SO 0% one Original Budget Calculation =0+0 569.411 Communications-Long SO 0% Distance Original Budget Calculation =0+0 569.412 Communications-Pas tag SO 0% e and Shipping Original Budget Calculation =0+0 569.413 Communication-Internet SO 0% Original Budget Calculation =0+0 569.430 Utility Services $0 0% Original Budget Calculation =0+0 569.431 Waler/SewerlSanitatian SO 0% Original Budget Calculation =O~O 569.440 Rentals & Leases SO 0% (Building & Land) Original Budget Calculation =0+0 Agency: City of Clearwater Page 3 Of 8 Section VIII 04/02103 2:55:54 PM DERIVATION OF FIGURES AND LINE ITEM 5 PERCENT JUSTIFICATION OF AMOUNT INCREASE/ ACCOUNT# ACCOUNT NAME INCREASE/DECREASE OR OTHER DECREASE EXPLANA TION AS NEEDED 569.441 Rentals & Leases. SO 00' '0 Equipment Original Budget Calculation =0+0 569.450 Insurance 50 00' io Original Budget Calculation =0+0 569.460 Repair & Maintenance SO 0% Services. Equipment Original Budget Calculation =0+0 569.461 Repair & Mainlenance SO 0% Services. Property Original Budget Calculation =0+0 569.462 Repair & Mainlenance SO 0% Services. Grounds Original Budget Calculation =0+0 569.463 Vehicle Repair and SO 0% Mainlenance Services Original Budget Calculation =0+0 569.470 Printing & Binding SO 0% Original Budget Calculation =0+0 569.471 Copying & Binding SO 0% Original Budget Calculation =0+0 569.480 Promotional Activities SO 0% Original Budget Calculation =0+0 569.481 Advertising SO 0% Original Budget Calculation =0+0 569.493 Match SO 0% Original BUdget Calculation =0+0 Agency: City of Clearwater Pago 4 Of 8 Section VIII 04/02103 2:55:54 PM DERIVATION OF FIGURES AND LINE ITEM S PERCENT JUSTIFICATION OF AMOUNT INCREASE/ ACCOUNT # ACCOUNT NAME INCREASE/DECREASE OR OTHER DECREASE EXPLANATION AS NEEDED 569.494 Adminislrative Cosl 04/03/2003 50 O~O Kings Highway location Start up 40 hr staff $371 40 hr FICA 529 55 t-shlrts @ $4.75 = S260 Drumming supplies $200 Galorade 5 1 ~O Ross Norton location Start up 40hr staff $371 40 hr FICA 529 Waler toys 5100 Snacks/drinks 5500 N. Greenwood Slart up BOhr lead slaft $780 BOhr FICA 560 T shirts 150 x 56 = 5900 Sun visors 75 x 54.33 = 5325 Cameras 25 x 540 = $1000 Bow gloves 40 x $2.20 = $BB Game equipment 5547 Original Budget Calculation =0.00 569.495 Residential Per Diem $0 0% Original Budget Calculation =0+0 569.496 Day Program Per Diem. 04/0212003 SO 0% 115 youth x 510 per day x 10 weeks = 557.500. Original Budget Calculation = 0.00 569.497 Day Program Subsidy SO 0% Original Budget Calculation =0+0 569.49B Day Program Hourly $0 0% Unit Cost Original Budget Calculation =0+0 569.510 Office Supplies $0 0% Original Budget Calculation =0+0 569.515 Participant Expenses SO 0% Original BUdget Calculation =0+0 Agency: City of Clearwater Page 5 Of 8 Section VIII 04103/03 8:53:07 AM I . . DERIVATION OF FIGURES AND LINE ITEM $ PERCENT JUSTIFICATION OF AMOUNT INCREASE/ ACCOUNT # ACCOUNT NAME INCREASE/DECREASE OR OTHER DECREASE EXPLANATION AS NEEDED 569.520 Operating Supplies 04/02/2003 527.446 49~o Kings Highway location Operating Art supplies $100 CD player. CDs $100 Trip to fine arts museum 20 x 53 = 560 Trip to Ruth Eckerd 20 x $8 = 5160 Trip to Tampa Museum of Art 20 x 55 = $100 Trip 10 Holocaust 20 x 53 = $60 Trip to Busch Gardens 20 x $41 = 5820 Trip to Leepa-Rattner Museum 20 x $4 = 580 Trip to TPAC 20 x 55 = $100 Ross Norton location Operating T shirts 56 x $3.50 = $ 196 Art supplies $415 Drum supplies 5300 Balls S50 Horseshoes $75 Sports supplies 5250 Trip to Phillies 20 @ 55 = 5100 Trip to FIM 20 x 57 = 5140 Trip to skating 20 x 58 = S 160 Trip to Cypress Gardens 20 x $11 = @20 Trip to Adventure Island 20 X 522 = 5440 Trip to Busch Gardens 20 x $40 = $800 N. Greenwood location Operating Arts supplies $1000 Archery supplies 5550 Awards $200 Mats 8 x 5300 = $2400 Gardening supplies $500 Fitness equipment $500 Film Development $430 Cups/napkins $200 Music CDs $200 Videos 5200 Trip to Busch Gardens/Ad Island 79 x 585 = $6715 Trip to Skating 75 x $4 = $300 Trip to Museums 75 x 58 x 9wk = $5400 Trip to Blizzard beach 79 x $55 = $4125 Original Budget Calculation = 135.00 + 100.00 + 130.00 + 53.00 + 40.00 + 820.00 + 80.00 + 160.00 + 520.00 + 80.00 + 300.00 + 240.00 + 72.00 + 100.00 + 37.00 + 140.00 + 57.00 + 50.00 + 2368.00 + 242.00 + 900.00 + 1000.00 + 5838.00 + 4800.00 + 116.00 Agency: City of Clearwater Page 6 Of 8 04/02/03 2:55:54 PM Section VIII , ., . DERIVATION OF FIGURES AND LINE ITEM S PERCENT JUSTIFICATION OF AMOUNT INCREASEI ACCOUNT # ACCOUNT NAME INCREASE/DECREASE OR OTHER DECREASE EXPLANATION AS NEEDED 569.521 Food & Nutrition 04/0212003 53,059 258% Kings Highway location Operating Snacks 5199 N. Greenwood Powerade 5360 Daily snacks S1000 Ice Cream party $200 x 2 = S400 Pizza party $350 Cookout 5750 Original Budget Calculation = 100.00 + 390.00 + 364.00 569.540 Subscriptions SO 0% Original Budget Calculation =0+0 569.541 Books SO 0% Original Budget Calculation =0+0 569.542 Dues & Memberships 50 0% Original Budget Calculation =0+0 569.543 Educational Malerials $0 0% Original BUdget Calculation =0+0 569.544 Educational Training SO -100% Original Budget Calculation =20.00 569.590 Depreciation SO 0% Original Budget Calculation =0+0 569.600 Other/Miscellaneous $0 0% Original Budget Calculation =0+0 569.640 Machinery & Equipmenl SO 0% (Capital Outlay) Original Budget Calculation =0+0 Agency: City of Clearwator Page 7 Of 8 04/02/03 2:55:54 PM Section VIII , t, A DERIVATION OF FIGURES AND LINE ITEM S PERCENT JUSTIFICATION OF AMOUNT INCREASE/ ACCOUNT # ACCOUNT NAME INCREASE/DECREASE OR OTHER DECREASE EXPLANA nON AS NEEDED 569.660 Books, Publications. and $0 0% Library Materials (Capital) Original Budget Calculation =0+0 Agency: City of Clearwater Page 8 Of 8 04/02/03 2:55:54 PM Section VIII , ,~ . FORM 5 Middle School-Age Summer Scholarship Program SOURCES OF REVENUE I 00-01 i Actual Revenue I 01.02 I Actualo~D As I; 04/02/03 01-02 Revenue Projected Thru End of Year 01-02 Total 02-03 Future Fiscal Year Revenue , I % Change I , - "Cash ForWard F~---- Fund Balance I "Fundralslng I SO "Participant Fees r SO Insurance ~I SO Reimbursements M'd"".fM'd':'d ___ 00 SO Unltcci"Way 1=:-- --so -- --- School Board In-kind SO SO SO I SO I SO SO i I _ .1__ i________--.-J SO I SO SO SO i 0%, ---~-.-. SO 56- --.---.----$0 -----.-SO-1--. --- 6o~---1 o-:=-~~_::I__ :: 0._ -~ :: 1==-::=1 ------.-----..-. .-. -~-.~. ..- .-- .~-..-..-------+-----..-- - ----.__.1 SO SO I SO SO : 0% i o~ SO ------- --sol'--- ------so .n SO 1---00/;-1 ::- ::r --~-:: ---S54~2~~I---- :: =1 $0 so $0 $54,223 0 I I 0% Governmental SO Other SO SUBTOTAL $0 CSC Continuation SO CSC Equip/Renovation SO CSC Other ---so -------- SUBTOTAL SO I TOTALI $0 I CROSS CHECK ITEMS: SO =:t~ - SO u SO --- SO --~ $0 SO $0 I SO I SO SO 0% $0 SO 0% - S63.200 0% SO $0 563,200 0 $0 I $117 .4231 0 I $117,423 FUTURE FISCAL YEAR PROGRAM EXPENDITURES: 'CASH FORWARD FROM FUND BALANCE: The amount of funds to be transferred forward from Ihe agency's fund balance to Ihe operation of the program during this fiscal year. 'FUND RAISING: Any funds collected by the program of either a solicited or unsolicited nalure (Donations) as well as memberships which do nol entitle the donor to program services. 'FEES: Charges for services rendered. This may include revenue from memberships when such memberships entitle the member to program services. Agency: City of Clearwater Page 1 Of 1 04/02/032:55:54 PM SoctionlX FORM 6 Middle School-Age Summer Scholarship Program SOURCES OF REVENUE NARRATIVE Source Name Narrative Governmental The City of Clearwater Parks and Recreation Department provides in kind staff and revenue support for this program. The Department is funded by the general fund which recieves most of its funding from Ad Valoren taxes. CSC Other Agency awarded funding JWB Board Meeting 3/13/03. Agoncy: City of Cloarwator Pago 1 Of 1 04/02103 2:55:54 PM Section X . c . END OF PROGRAM BUDGET FOR Middle School-Age Summer Scholarship Program Agency: City of Clearwater Page 1 Of 1 Section XI 04/02103 9:34:37 AM . ~ ATTACHMENT 5 JWB REIMBURSEMENT SCHEDULE 02-03 Submission i Reimbursement Reimbursement Date ! Date , Schedule I I 1 10/04/02 ! 10/11/02 I I_- I I 2 10/18/02 1 10/25/02 I I I I I 3 11/01/02 I 11/08/02 i I I I I 4 11/15/02 I 11/22/02 I I 5 I 11/29/02 I 12/06/02 I I I I I 6 12/13/02 I 12/20/02 I I , I 7 12/27/02 ! 01/03/03 I I 8 I 01/10/03 I 01/17/03 I I 9 I 01/24/03 I 01/31/03 I I 10 I 02/07/03 I 02/14/03 I I I 11 I 02/21/03 I 02/28/03 I I 12 I 03/07/03 I 03/14/03 I I 13 I .03/21/03 I 03/28/03 I L 14 04/04/03 I 04/11/03 I I 15 04/18/03 I 04/25/03 I I 16 05/02/03 I 05/09/03 I I 17 05/16/03 I OS/23/03 I I 18 I 05/30/03 I 06/06/03 I I 19 I 06/13/03 I 06/20/03 I I 20 I 06/27/03 I 07/03/03 I I 21 I 07/11/03 I 07/18/03 I I 22 I 07/25/03 I 08/01/03 I I 23 I 08/08/03 I 08/15/03 I I 24 I 08/22/03 I 08/29/03 I I 25 I 09/05/03 I 09/12/03 I I 26 I 09/19/03 I 09/26/03 I Agency: City of Clearwater Page 1 Of 1 04/02/039:34:37 AM Section XII Final Agenda Item II p\)\ ,2._~~ Clearwater City Commission Agenda Cover Memorandum Work Session Ilem II: Meeling Dille: .5/1/0':) , SUBJECT/RECOMMENDA TlON: Approve an agreement between the DISTRICT BOARD OF TRUSTEES OF ST. PETERSB URG COLLEGE, FLORIDA and the CITY OF CLEARWATER, FLORIDA for cash match funding of $36,146 for the period January 1, 2003 through December 31, 2003 for the AmeriCorps Pinellas Project for support of membership, ~ and Ihat Ihe appropriate ofiicials be aulhorized 10 execule same. SUMMARY: . AmeriCorps Pinellas is designed to foster citizen responsiuility, build neighborhood unity, and provide educational opportunities. . AmeriCorps members are assigned to one of the Corp's partnering law enforcement agencies and each member provides 1,700 hours annually, working hand-in-hand with community police ofiicers. In return, the member receives such benefits as an annual living allowance of 59,600, health insurance, child care, and a $4,725 educational award. . The participating law enforcement agencies benefit from the member's assistance with cornmunity policing efforts, and the opportunity to mentor and mold the police officers of the future. Thirteen (13) of the 24 full time, and 4 of the 8 part-time AmeriCorps members will be assigned to the Clearwater component of the project. . Targeted neighborhoods benefit from receiving 20,000 hours annually of direct public-safety related services. . The AmeriCorps Pinellas project began in 1994, and the Police Department is looking forward to a ninth rewarding year in this program. . Funding for the AmeriCorps grant is provided by the Corporation for National Service through the Florida Commission on Community Service. AmeriCorps Pinellas is administered by St. Petersburg College Southeastern Public Safety Institute, working in conjunction with the Clearwater Police Department, the St. Petersburg Police Department, and the Pinellas County Sheriff's Office. . Funding for the cash match is available in Special project 181-99489-582000-521-000, AmeriCorps Project NUCOPS. . A copy of the Agreement is available for review in the Office of Official Records & Legislative Services. Reviewed by: Legal ~ In(o Srvc Budgel Public Works Purchasing DCMlACM Risk Mgrnl N/A Glher Costs NA Total S36,146 Current FY S36,14() Funding Source: CI OP Olher S. Pro' NA Altachmenls Submitted by: ~ ,u. C't M ..... - -- . I Y .1n.lger --- Printed on recycled p.lper 00 None Appropriation Code: 181-99~89.58200-521-000 Rev, 3/03 SPC DR. ESTHER E. OLIVER PROVOST (72-,341.4530 JAMES C. BROCK JR. ASSOCIATE PROVOST \7:2-,3':1.':.I!lS STUDENT SERVICES 8USI~.=SS OFFICE (72-,341-4461 STUD='H ACTIVITIES (72-: 341.4532 REGIS,RATION (727,341.4415 L18RJ,~Y (727.341.4486 SOUTHEASTERN PUBLIC SAFETY INSTITUTE AMERCORPS (727.341.4590 CRIMIIIAL JUSTICE COLL:GE CREDIT PROGRAMS (727) 341.4503 CRIMI'IAL JUSTICE ACAD='.~IES (727i 341.4490 CRIMlliAL JUSTICE IN.SERVICE (727; 341.4516 FIRE SCIENCE AND EMERGENCY ADMINISTRA TlON MANAGEMENT (727) 341.4529 FIRING RANGE (727) 341.4471 MUL TIJURISDICTIONAL COUNTERDRUG TASK "ORCE TRAINING (727) 865.2600 NATlmiAL TERRORISM PREPAREDNESS INSTITVTE (727) 893.9800 FLORIDA REGIONAL COMMUNITY POLlClliG INSTITUTE (7271341.4581 OPEN CAMPUS COLLEGE FOR KIDS (727) 341.4446 CONm"JING ED - HEALTH (727) 341.4549 DUAL CREDIT! INTERW..TIONAL STUDIES (727) :,41.4458 LlFELC'\~ LEARNING (727\ ;.41.4.t51 rk :23 ST. PETERSBURG COLLEGE ALLSTATE CENTER Dec. 16. 200~ Dcpllly Chief Dewey Wil1i3nls Clearwater PolICe Department 645 Pierce Street Clcarwaler. FL. 33756 DcaI' DcpuIY Chief Williams: Plcase lind enclosed 1 originals of the Participating Agency Agreelllcnl belwcen Sl. Petcrsburg Colkgc and the Clearwater Policc Departlllenl for partncrship in Ihc AmcriCorps Pine lias projecllor 2003 . You \ViII note that they have already bcen signed and appro\'cd by thc Collcge Board ofTruslees. Would you plcase scc Ihatlhc contracls are directed to Ihc approprialc party(ies) within Ihc dcparlmcnl for signature and approval and oncc donc. relum one oflhe IWO to me? As you look over the agrcement. you'll find it similar 10 Ihc agrcement from last year cxccpl for the reduced number of members and concomilanlly rcduced cash match nced. For attachmenl A. since Ihc aClual anlounl of cash malch we expccI 10 nced is less than thaI originally committed 10 allhc limc the proposal was written, we simply amcnded the cash match letter with the correct (lower) all1OllnllO agree \\ith Ihe hody of the Agreemenl Most of lhe Stale ConlraCI which makes up Exhibil B, is attachcd. The only exccplion is Ihal I attached only Ihc summary of changes of Ihe AmeriCorps Provisions (attachmcnt Ill) due to the substantiallcngth of that documcnt. Should you require a complele copy of thaI documcnt please contacl mc and I shall providc it. Al this point. we do nol know what elTect the reccntly enacled cnrollment freclc will havc on thc program year. We havc been told that thc state contract will hc cnacted later Ihis week and program will slalTwill he in placc and operalional starting January 1.1003. Should Ihcrc be a need 10 change the dalcs on Ihc contract, however. I will contacl you immedialcly. Thank you for your help in facilitating the finalization of this agrcemcnt. We look fi)rwan.1to the 1003 AmcriCorps Pincllas partncrship bcing a mutually bcnclicial onc. , Si~~I.V ~i!!\-.- f:aw0~e i\lo().;e Projcct CoordinatN STREET ADDRESS. 3200 34th Str~t South. St. Petersburg. FL MAILING ADDRESS: P~l OHlce Bo. 13489. 51. Petersburg. FL 33733-3489 wee SITE: www.spcollege.edu/acl AN [QUAL .l.':,: E S5.'EOUAL O:>PORTUNITY l~iS 'iITUTION P..\RTICIP..\TI:\(; ..\GE:\CY ..\GREEi\IE:\T This agreement is enacted between the BOARD (jF TRl'STEES OF ST. PETERSBURG COLLEGE, FLORIDA, P. O. Box 13489. St. Petersburg. Florida. 33733. hereinafter reterred to as the "Board." and the CITY OF CLEAR WATER. CLEAR WATER POLICE OEPARTlvlENT, 645 Pierce Street, Clearwater. Florida 33756, hereinaller referred to as "CPO." Whereas. the Board's Southeastern Public Satcty Institute has received a grant from the Corporation for National and Community Service through the Florida Commission on Community Service for the AmeriCorps Pinellas ProgrJ.I11. and; I) CPO has agreed to support the AmeriCorps Program in Pinellas County through the implementation of program objectives to promote public safety. community involvement and AmeriCorps member development; 2) The Corporation for National and Community Service requires a cash match /Tom the grantee on certain budget categories. This includes costs associated with AmcriCof1Js members' living allowances, F[CA contributions. mandated health and liability insurance and worker's compensation contributions. (13 of the 24 full time. and 4 of the 8 part time AmeriCorps members will be assigned to the Clearwater component of the project.) The total cost for these budget categories is $257,879. CPO has made a commitment to provide S36, 146 toward the cash match requirement for FY 2003 (January I, 2003 - December 31. 2003). See attached letter of commitment, attached hereto as Exhibit A. [n addition. the City of Clearwater will provide automobik liability protection to the AmeriCorps members who are assigned to and participate in the AmeriCorps Program on behalf of the City of Clearwater while operating motor vehicles as part of their assigned duties with the City of Clearwater Police Department to the extent pemlitted by 768.28, Florida Statutes. Under the terms of this agreement. in addition to providing $36,146 irr cash match, the CPO will donate office space, supplies. ancI fl.lrniture for the Project Activities Specialist. a Board grant-funded employee; the use of departmental vehicles for accomplishing program tasks, and will allow for a minimum of three hours per week of mentoring by police officers per AmeriCorps member for the duration of this project. The CPO will also designate a liaison, who will act as an administrative link to the program and serve on the AmeriCorps Pinellas Advisory Board. The Board will be responsible for the overall administration and fiscal responsibility of the AmcriCorps project and will provide. through grant funds. one AmeriCorps Project Activities Specialist to be housed at the CPD to manage the activities of the AmeriCorps members. and coordinate with CPO personnel and the B03rd's other AmeriCorps project staff. The c::ish match must be pro\'ided to the Board \vithin 30 d::iys of the full execution of this agre~ment. Neith~r party will discriminate in its employment practices or its admission or treatment of students on the basis of race, color, religion. age, sex, marital status or national origin nor will either discriminate against any qualitied individual with a disability. CPO and the Board recognize that sexual harassment constitutes discrimination on the basis of sex. This agreement is contingent upon federal funding and is subject to the tenns and provisions of the AmeriCorps Florida, Sub-grant contract bet\\'een the Board and Tallahassee Community College (fiscal Agent for) Florida Commission on Community Service, effective January 1, 2003, a copy of which is attached hereto as Exhibit B. The parties hereto agree to be bound by and comply with the tenns ::ind provisions of said Contract in the perfonnance of their respective duties hereunder. IN WITNESS WHEREOF, the parties hereto have c::iused this Agreement to be executed as of the dates hereinafter stated. W~sses as to the Board. j i: i { . f.' -,.;.'~., \ 1/ I /.'l... L..( :~ J, \ j j'::t.:. .U'..... I '-(lo-\J(. (, '^-/\.... / . . IJ ,.,;- // / -.::::. C /i. Lt' ((.;'L" "pprovcd by: :)n: '].I Witnesses as to the City of Clear. ater BOARD OF TRuSTEES OF ST. PETERSBURG COLLEGE, FLORIDA BY: ~ 'tv\.. \-<~6'- Carl N . tIer. Jr. / College President & Secretary, Board 0 f Trustees Date: /.:-~II i ;'.-,. It. ':\ " '- CITY OF CLEAR WATER. CLEAR \V A TER POLICE DEPT. BY: _~~ Sid Klein, Chief of Police Date: I~/I 2/'02 / / AMERICORPS PINELLAS PROGRAM PARTICIPATING AGENCY AGREEMENT Countersigned: CITY OF CLEARWATER, FLORIDA By: William B. Horne \I City Manager Brian J. Aungst Mayor-Commissioner Approved as to form: Attest: /2.i,ift--fJl. .J w)h Robert J. ~\.Jrette Assistant ~ity Attorney Cynthia E. Goudeau City Clerk ~Gtf ~~ ~. t9A,~ ~J E:'::: = B IT :\ ,"".r, ,I f' I\L' ", \ 1 ^ ... r\ .: ~"f/')- ,,_\ ~"';'"'''' .(,/'~- '.L,"""", II ~~ "/ ~- , ~, /1 , ...... ::t-:. ~'::-"'.' . ~'- n" llt'...:)..,.' -./'0'~"" -- III 'C"":).. -~_. .. .. ----'II .. ;:::;. : t:::) ~ .." ". ~~, - -<;:1 ". ,', - ,~..t"J -. " ~ ' --7 /f",:,:'''''~\;;/ ",,'41 ER ,I' 'J'J~'" CIT'{ OF C LE:\R\XiA.TER P-'7 OFf-iCr 13,_,,: -:--:(-) , C:f..~.,,'.\ :.7:R. F:,)RJrj'. 33758.-.;-...;:) CLE.\R\\. o\TEF, POI.ICE DEi'o\RT'oIE\"I. 0.6 P:ERCE STREr:;-, C.E.'.!\\\.'ATER. F: ': f':iDA 3r')(~ TE~EPHO:;E l-~-i ='~~2'-13~i) , 1 ~; , ()f-!Oler"!- 7Hr CHIEF ;.1: Pf..::JC!: i_, : -'.... . .' , I'" i'iovember 30, 2001 , 1 ' ~. I i:~"i Il DEe I 0 2001 u u _ ASSC,clA!'f: i'RC',J:J1 SOle. AllS~."~ ,;1 l:. 'II \j Mr. James C, Brock Southeastern Public Saie:y Institute St. Petersburg College P,O. Box 13489 St. Petersburg, Florida 33733 Dear Mr. Brock: This letter is v.-ntten to express the City of Clearwate;-'s support for and commitment to the continuation oi the AmeriCorps Pi:1ellas Project in Clean\'ater. The AmeriCorps program has had a vel")' positive impact in Clearwater, as well as in the lives of the Clearwater AmeriCorps participants. Thro'...:gh the efforts of the p,ogram, several neighborhood clean-up days have been coordinated. A:ne:-JCorps pa.'licipants have established school crime watch units in local high schools, improved the physical conditions of neighborhoods through code enforcement activities, implemented safet)' patrols in cn)' parks and served as mentors aJ1d tutors in a homework club for at-risk youth. This program is a v..rln-\\-"in for all involved. The targeted neighborhoods receive over 20,000 hours annually of direct public-safety related serv'1ces while the program helps to develop a cadre of educationally and experie:1tially qualified police applicants. The AmeriCorps members, by virtue of their term of senrlce working v.ith community policing officers, become familiar with neighborhood ~:, .... , . residents and their problems and needs. :.. ~ : - ,- . I. '. _ - -J.. .J & 1-; (.- , f I' I 1 ./ ( . If' I ~_J51rt('J(;; -:. ""!/'To Wlflicipate in, this program, the City of Clearwater Police Department commits to a matching _. _, ,. :;a"fe~ $4-1,50& for the AmeriCorps project for FY 2003. The department also commits to assisting tJfrr: L"le development of recruitlT.ent s~;-a~egies to employ i::te;-ested ?~-ticip::mtG and to g:\'e consideration to hiring participants who, at the completion of the AmeriCorps program, are certifiable as law enforcement officers, as openings occur. The department will also continue its efforts for AmeriCorps rnem bers in training and rnentoring, The Clearwater Police Department is looking forward to another rewarding year in this exciting AmeriCorps program. Sincerely, -5:'-1 t~ SID KLEIN Chief of Police SRK/kso , HE"'.I \: '" ,'I, \l."ll~'(:' ".:'.\:"1' ",' ;, !. > II '.~'. \'!I \~,,\{ H;'~~: 1\,,':,,',1< )'.I~' i j, I~': t 1.\ '.n: : ( .l 1\1 \\:..,'!l J", f .. @ \\ ".,",; ~ \'" \ \ t., \\, \\: ,"It t'.., ~. :~,:, I. \..... I', , ~ \\1\'1'.,1' \\11. "i: Ii \1 !'\~!I~ ,'. \l.! ",:\\"II"\~I I \':I(\~. " ' D::11BIT B ~002-2003 ST.-\..~DARD CO:\'TR.\CT Contract OOASCFLOIOIOOl This agreement is made BE1\\ 'EE:\ The Florida Commission on Community Service 444 Appleyard Drive Tallahassee, Florida 32304 referred to here::1 as the "ComrmSSlOn" .-\.:"\J D St. Petersburg College 3200 34th Street South St. Petersburg, Florida 33733 referred to herein as L1C "Provide~" The Provider, to be commonly referenced as ".~...rneriCoI?s Pineilas." will utilize AmenCorps members to actively support and expaIld commlli"1ity policing, public safety initiatives, and correctional/rehabilitative educational acti\'i~ies for YOUL~ and adui~s. In conslderation of ~he initial or continued contrac~ed services bv the Cor:-.:nission 2-.'1d of the advamages ~'1d benefits receIved . ~ by the Provider by virtUe of such relationship. L1c receipt and adec;uacy of all of which considerations are hereby ack.no\vledged. now therefore. in consideration 0:' :be murual cOVenants hereinafter set forth, the panies hereto agree as follows: 1. PROVIDER AGREEl\IE~TS A. Compliance. 1. The PrOvider is responsible for the compliance requirements applicable to CFDA '# 94.006 Federal Programs. These requirements are inclus:ve of the AmeriCorps Provisions provided as Anachrnent III. 2. The Provider will rectify all compliance issues identified by the COffii'1ission in writing within the time period set fonh or all future reimbu,sements will be withheld ui,til the deficiencies are corrected. \Vrinen docuwentation should include how all noted deficiencies were corrected or an acceptable justification, action plan and timeline of compliance for any deficiencies not corrected within the tirne period set forth. B. Program Name. The Provider may not change the program name without the prior written approval of the Commission. C. Program Objectives 1. Getting Things Done - All .A..meriCorps Pinel1as members wiII support local law enforcement's crime watch efforts so that by year's end 9 crime watches will be strengthened with 180 Dew participants as shown through artendw"1ce iOsters or verified by community police or school resou,ce officers. 2. Getting Things Done - 6 ..c\.meriCorps ?inellas members assigned to the Clearwater team will eliminate 300 simple code \'iolations through patrols throughout CleaJ"\vater on a weekly basis resulting in an overall improvement in the physical conditions of neighborhoods as docume;}ted by the Clearwater Community response te:llTI. J. Getting Things Done - Ail .-\mt..:riC~?s membc:-s '.'-'111 pro..-iJc on-going suPPOrt 5cnicc::s such 3S :lltonng, rr:c.:ntoring. .md supt..:r:isI0n to 11)\) J.t-risk children in neighborhood progr:uns (in J.nd :.lttcr school) so :hJt 75') ,) :iho'.v :m inGcase in resiliencv as documented bv intervie\l,.s or child sur;evs. . . . 4. ~Iember Development - All .~'7leriCorps members '.vill increase their understanding of the community by expanding their knov.:lcdge of community agencies and their function.' services through sef'\ice assi grunents or traininl1 '-' _ - :;, demonstrated by testing at three inter:3.ls during the ye:.lI'. 5. "Iember Development - All AmeriCorps members will be given the opportunity through service assignments to receive on-going menroring from community policing officers, deputies, or school resource officers so that 90% increase their professional kno\vledge in the field or community policing per self and mentor assessments. 6. Strengthening Communities - All .-\meriCorps members will help organize neighborhood events or projects in collaboration with other community groups that bring community residents together and through which 2000 residents are provided safety ser.rices or information as evidenced by attendee counts Jnd lor support letters to veri fy resident count JJ1d beneti ts trom co-sponsoring agencies 7. Strengthening Communities - All .-\meriCorps m~mbcrs will promote volunteerism in local communities by engaging a total of 200 community volunteers in .-\meriCorps initiated projects resultmg in the provision of at least 1000 volunteer service hours as shown on volunt~er sign in sheetsirosters. 8. Strengthening Communities - All .~l1eriCorps members will organize or help coordinate a corps-wide total of S community service beautification projects which improve the appearance of local communities 15 evidenced by photographs of projects sites andior thank you letters from beneficiaries. 9. Getting Things Done - All members assigned to the Pinell;ls County Sheriffs Office (up to 6) will contribute to the rehabilitation of juvenile detainees in the Boot Camp and Transition Programs by tuWring e~ch class (3 full 4 month classes per year and up to 100 juveniles) for Jt least .2 sessions per week contributing to an average improvement in at least one subject or 1 grade level as evidenced by teacher evaluations or recruit pre and post test results. . lO. Getting Things Done - All members assigned to the Pinell:lS County Sheriffs Office (up to 6) will provide instruction in rehabilitative, life skills programming ( project New Attitudes) 2 times a week to adult inmates of the Pinellas County Jail resulting in 50% of the estimated 1.+-1 participants reporting that they benefited from the sessions on participant surveys. l1. Getting Things Done - AmeriCorps Members (up to 17) assigned to the Clearwater Police Department will implement volunteer safety patrols of area parks another public spaces at least 6 times per week resulting in residents reporting a sense of safety in and around these :.u-eas for the times patrolled as documented by surveys of park users ..md JIea rt.:siJents. L2. Getting Things Done - All ....\meliCorps i',tlembers will hdp organize, arrange, or present 18 crime prevention or safety education sessions attended by 450 residents resulting in 80% (360) of those attending indicating or dcmonstr~lting an increase in p~rsonal safety, or home and neighborhood crime prevention kn0wlc::dg~ as c';idenced by pre:post session tests or questioning, participant e';aluations. or skills tests :ldministered by A..meriCorps Pine\!Js members. :\t least 12 of the 1 S safetV' education sessions will be directed at vouth. and at least J . 300 0 f the total participants '.lIil1 be youth. Objectives may be revised only with a formal contract amendment. D. Budget. Both a budget and budget narrative for the delivery of services described in this contract are provided in Attachment II. 1. Match Requirements and In-Kind Contributions a. The Provider must provide matching funds (cash) totaling a mlrumum of fifteen percent (15%) of the total for .-\.meriCorps Member costs. b. The Provider must provide matching funds (cash) and/or in-kind contributions totaling a minimum of fifty percent (50%) of the total for all other costs. 2. Budget Revisions. The Commission must be notified of all changes and the purposes of changes to the budget. The Commission reserves the right to disallow any reVISions. 3. Property. The Provider agrees to seek prior approval to purchase any equipment and/or furniture not listed in Attachment II with a purchase price of $500 or more to be reimbursed by the Commission. E. Reporting 1. Internet Access. The Provider agrees to provide the AmeriCorps Program [nternet access and e-mail capability. 2. Monthly Progress Reports. All first year AmeriCorps programs are required to complete a monthly report using the attached form (Attachment IV) by the fi t1eenth (15th) calendar day 0 f each month during the contract period. 11le Commission reserves the right to request monthly reports be submitted by any Provider. 3. W13RS Progress Reports. The Provider will submit Progress reports via the Web Based Reporting System (\VBRS) in accordance with the requirements of the Commission and the Corporation for National Service as follows: a. January - March 2003, due April 30. 2b03; b. April- June 2003, due July 31,2003; c. July - September 2003, due October 31, 2003; d. October - December 2003, due February 15,2004. 4. Recruitment Plan for Persons with Disabilities. The Provider will submit an updated or revised Recruitment Plan for Persons with Disabilities between the sixth and ninth month 0 f the program. 5. \VBRS FSR Reports. The Provider will submit Quarterly Financial Status Reports using Form SF269A in WBRS as follows: 3. January - March 2003, due April 15,2003; b. April- June 2003, due July 15,2003; c. July - September 2003, due October 15, 2003; d. October - December 2003. due February 15, 2004. 6. \VBRS Financial Reports for Reimbursement. The Provider will submit to the Commission monthly financial reports for reimbursement consisting of a Periodic Expense Report and lncome Report. Both reports are standard forms on WBRS. \\"ith the ~x.:eption or' the:: :inJ.! tin:.tr.cial repor:::;. JIl reports for reimburst.:ment are due "vichin the month r'oll,)'...ing the period or' report. If circumstances occur de\.:l:.ing the reimburser::c.:nt request, J11 explanation should be.:: sent to the Commission before the reImbursement request is due. 7. Final Financial Reports for Reimbursement. The Provider :.lhTfees to submit the H~AL REPORT OF EXPENDITURES AND INCOME for paIment within forty-five (-+5) calendar days after the ending date of this contract or the.:: date of contract termination, whichever is earlier. If the Provider fails to submit the final financial reports within the specitied time, all rights to payment are forfeited. 8. Supporting Documentation. The Provider ,will submit supporting documentation as requested for reported expenditures. At least once during the contract year the Commission will request a prior month' s supporting documentation. 9. Property. At the end of the contract the Provider agrees to submit a current inventory list of all property (i.e. equipment and furniture) with a purchase price of S500.00 or more bought with funds provided through this contract. This property listing must include a description of the property, model number, serial number, date of acquisition, cost, inventory number and information on the location, condition, transfer, replacement or disposition of the property. The Commission reserves the r:ght to rem eve. upon termination 0 f this contract, Jny ;md all equipment and fumirure purchased with funds provided through this contract, or to receive repayment for funds provided through this contract used in the purchase or any portion of such equipment or furniture. 10. Audits. The Provider agrees to provide the Commission fin~mcial and compliance audits of the Provider with the management lener within ninety (90) days of the end of the Provider's fiscal year Jnd to ensure that all related party transactions are disclosed to the auditor. 11. Other Reports. The Provider agrees to provide other rcpons as may be requested bv the Commission bv an established deadline. J . F. Staff Recruitment and Responsibilities 1. Staff positions, duties, responsibilities and the number of staff working in this program may be revised if requested in writing by the provider and approved in writing by the Commission, provided such revisions do not exceed original budgeted amounts for staff. The Provider will hire and maintain one (I) Program Director to be responsible for the overall management of the program. 2. The Provider will hire and maintain t\vo (2) Project Activity Specialist, to be responsible for insuring the implementation of program objectives within the targeted communities. 3. The Provider will hire and maintain one (I) Secretary (50(%), to be responsible for providing clerical support to the program director. G. AmcriCorps Member Recruitment and Responsibilities l. Recruit J minimum of t\venty-four AmeriCorps Members into ntll-time service within sixty (60) days ofimplemcnt:1tion of this contract. The provider will recruit Members who are representative of the community served. Members will be provided with a living allowance of :59600.00 per term of service. ., R~(ruit j minimum ctcigr.t (3) members ink) hJlt~timc: sc:r;ice. The proviJer will recruit \okmbcrs '.vho are :-epresentative or" the (ommu.~jty scrvc:J ..15 possible. 3. Tne Provider agrees to implerr.enc J recruitmc:nt plan :or Persons '.\'irh Ois:1bilitic::s that will be approved by the Commission. 4. The positions, position descriptions. and number or" \;[embers \vorking in this program may be revised if rcq'Jested in \1,.'riting by the provider and approved in \vTiting by the Commission. 5. A National Service Enrollment Fonn must be completed \'ia WBRS ror all Members. The program should keep a hard copy of L~e member enrollment tonn in a member file. 6. A Member Change of Status Form must be completed via \VBRS for each Member tor the following conditions: a. suspenSIOn: b. ending service early; c. reinstatement to service; d. utilization of the Family Medical Leave Act; or e. transfer to another AmeriCorps progrm1. The progr;am should keep J hard copy in a member file. 7. A National Service Trust End of Tel111 of SerY'ice/Exir FOl111 must be completed via WBRS tor each Member upon completion of hed1is term of service. The program should keep a hard copy in a member file. S. The Provider will submit approved fOnTIS in \VBRS within 30 days upon a member's enrollment in, completion of, lengthy or indefinite suspension from, or release from, a term of service. H. Volunteer Recruitment and Responsibilities. The Provider will recruit a miaimum of t\vo-hundred (200) volunteers from the targeted communities. L Partnership Development and Site Agreements 1. The Provider may enter into agreements with other private and public organizations in the targeted communities to cooperat~ UI1d coordinate the provision ofser/ices under the terms of this contract. .., Such partnerships may include, but are not limited to, the following agreements: a. contributions of cash support for the services provided un"der the terms of this contract b. contributions of in-kind support for the services provided" under the terms of this contract. c. coordination of service activities to prevent duplication of effort; d. evaluation of service activities. Member development. etc.; e. fundraising; f. promotions or public relations; and g. provision 0 (member supervision an~'or service site. 3. Agreements with partners to provlde Member supel'.:ision and/or .scrY'ice sites must be in writing lnd include the follo\.ving items as appropriate: a. description of services to be provided by Members; b. designation of personls) responsible for member supervision 3.I1d veritication of member .serv'ice hours: c. description of prohibited member activities; and d. uther 5uper.ision ,Jr pro::: :l:-::mJtic rcsponsibili:ic:s. 4. The Provider shall :nclude J. ::st of its ;:,o..r:ner org3.r.izJtions on such materials as may rC:.lSonably accommodate :he listing. induding: a. brochures; b. t1 vers' "' . c. posters;:md d. public service announcements. ,J. Disaster Preparedness, Response. Recovery and/or 'litigation. The Corporation for ~ational Service (under agreement with the Federal Emergency Management Agency) and the Commission (:.:.nder agreement '.vith the Florida Department of Community Affairs Division of Emergency ~1anagement) requires the availability of AmeriCorps Members to be assigned to pro\ide assistance in disaster preparedness, response, recovery, and/or mitig3.tion acti\ities. As part of its commitment to community service, the provider agrees to train its members and staff to assist in disaster preparedness, r~lJonse, recovery 3.r:d mitigation activities. Volunteers working "''vith the program ...vill be given the option :0 participate in the training. The types of events that could impact Florida include hurric:mes. torn:ldoes, floods. other weather related events and man-made events, such as :-:J.ZardollS materials accidents. Program members, volunteers. and staff, based on the :1::.rure of the progr:.un, \\ill be trained to assist \vith any of the following activities: commuriry prepare-Jness educ:ltion. shelter operations, mass feeJing. debris removal, conum.:n.ir:..... o utre:::.ch, and other disaster recovery related activities. Program members and ':olunteers may be requested to provide assistance anywhere in the State of Florida. ?;-ovider staff and AmeriCorps ~lembers shall work under the direction and control of the Provider and shall not be considered volunteers to FEl'vl-\, DCA or OEM for purposes of Chapter 110(IV) F.S. Requests for disaster preparedness, response, recovery ar.d mitig~ltion assistance will be made on behalf of the Florida Governor's State Coordinating Officer through the Conunission's Director of Emergency Management after consulting "vith the state Corporation for National Service office disaster coordinator. :\11 related activities undertaken by a program will be done in coopermion with the local office of emergency management. Approved expenses incurred as a result of ;:Jrovider activities related to disaster preparedness, response, recovery and mitigation ,....ould be reimbursed. According to State of Florida and Federal regulations, non-profit entities responding in times o(disaster may request reimbursement from the Federal Emergency Management Age~cy. Up to 75% of digible expenses may be reimbursed. The State of Florida. on a disaster specific basis, may cover the remaining 25<% or eligible expenses for private non-profit entities. Providers responding at the request of the St:lte Coordinating Officer would be eligible tor reimbursement of disaster related expenses. The Commission will furnish the provider with additional information about expenditure reimbursement. Training costs will not be reimbursable unless arrangements :lre made in advance. The Commission has identi fied low and no cost training opportUnities statewide. Providers may contact the Commission's Director of Emergency Management for specific training questions and opportUnities. K. Training and Technical Assistance. Training and/or technical assistance provided to staff andior .-\JneriCorps ~Iembers under this contract must be designed to facilitate the improvement of the services. strengthen the development of the staff and the .-\me:riCoros \kmbe:rs. :mJ 5treng:~en the: ..:ommunitie:s in '.vhi(h 5erlices lrc: provide:d. Training.lJ1cL or technic~! assistilnce may be provided directly by the Provider, :l community partner .x other 10(al resources requested !Tom the Commission. or coordinated throu~h (he Commission. 1. Staff. The Provider will ensure the provision of training .:md!or technical assist:.lI1ce to ensure successful program implementation and operation. Required trainings include; a. four (.+) Quarterly Program Director Meetings; and b. one (1) disability inclusion training sponsored by the Commission and one (I) disability inclusion training of fonnat approved by the Commission. Other suggested topics are, but are not limited to; a. supefV'isory techniques; b. AmeriCorps member evaluation; c. working with the media; d. :-\meriCorps member motiv:nion; and e. report writing. .., AmeriCorps Members. The Provider \vill ensure the prOVIsIon of training and/or technical assistance for members. Required trainings include: a. American Red Cross-certified or comparable CPR and First Aid training; The Provider will have all members trained or certified in CPR and First Aid. b. diversity appreciation; c. citizenship; d. disability awareness and sensitivity. Other suggested topics are, but are not limited to: a. team building; b. conflict resolution: c. career development; d. Life after AmeriCorps. L. N anonal Service Activities. The Provider will schedule and conduct a: at least one direct service activity designed for and conducted as part of the Seasons of Se:rvice, the designated national ser/ice days of the Corporation of National Service, during the contract period. M. Quality Assurance and Evaluation 1. The Provider will track and document progress made toward accomplishing the deliverables of this contract. 2. The Provider agrees to facilitate, implement and participate in technical assistance, external reviews, and other continuous improvement activities related to the services. 3. The Provider agrees to permit persons duly authorized by the Commission to inspect any records, papers, documents, facilities, goods and services of the Provider that are relevant to this contract, and/or to interview any clients, employees, volunteers, or any other parties affiliated with the Provider to be assured of satisfactory performance of the terms and conditions of this contract. 4. The Provider will conduct formative evaluations to examine primary stakeholder satisfaction with the program services, including at a minimum: a. AmeriCorps members; b. s~r.tce recipienrs; JI1d c. community residents. 5. Provide any requested information in 3. timdy :':1'shion in the ronn:H specified by the Commission: 6. Facilitate contact with community agencies and or individuals for the Commission or its consultant; N. Records and Documentation. 1. The Provider agrees to maintain records of deliverables. including reports and program and participant data. ., The PrOvider agrees to maintain fiscal records and documents (including electronic storage media) in accordance with generally accepted accounting principles and practices which sufficiently and properly ret1ect all revenues and expendirures of funds related to this grant. 3. The Provider agrees to assure that records will be subject, at all reasonable times, to inspection, review or audit by Commission personnel andJor individuals authorized by the Commission. ~. The Provider agrees to allow public .1ccess to all documents, papers, letters, or other materials subject to the provisions of Chapter 119, F.S. and made or received by the Provider in conjunction with thlS contract. The Provider's refusal to comply with this provision will constitute a breach of contract. O. Safeguarding Information. The Provider agrees not to use or disclose information concerning a reCIpient of ser..ices under this contnct for any purpose not in conformity with the state regulations (119, F.S) and federal regulations (45 CFR, Part 205.50), except upon written consent of the recipient or the recipient's responsible parent or gu:u-dian \vhen authorized by law. P. Assignments :Iud Subcontracts. The Provider agrees not to JSsign responsibility of this contract to another party or to subcontract any portion 0 f ,he work contemplated under this contract without prior written approval of the Commission. No such approval by the Conunission will be deemed in any manner to provide fur the incurrence of any obligation of the Commission in addition to the total dollar amount agreed upon in this cona-act. All such assignments or subcontracts will be subject to the terms and conditions of this contract and to anv conditions of approval that the Commission may deem necessary. The Provider ~grees to include audit and record keeping requirements in all approved agreements e-;tered into by the Provider for any other subcontracted services in the amount of $25,000 or greater. Q. Indemnification. Each party hereto agrees that it shall be solely responsible for the wrongful acts of its employees and agents. However, nothing contained herein shall constitute a waiver by either party of its sovereign immunity or the provision of Section 768.28 Florida Statute. R. Incident Reporting. In compliance with Chapter 415 F.S. and 39 F.S., an employee or agent of the Provider who knows, or has reasonable cause to suspect that a child, elder, or adult with a disability is or has been abused, neglected or exploited, shall immediately report such knowledge or suspicion to the abuse registry operated by the Florida Department of Children and Families on the single s,arewide toll-free telephone number. 1-SOO-96-ABUS E (800-962-2873). S. Sponsorship ..' l. The Provider agrees to. in pub1icizing. ad.;t::r:ising, l1r ~c:scribing the:: splmsorship of J. progrml funded "..-holly or in parr by the Commission. state "Sponsored by S:. Petersburg College :lnd Volunteer Florida, the Commission on Community Service". r f the sponsorshi p reference is in "",on rten rnatc:rial, the \\o'ords "Vol unteer Florida, the Commission on Community Service" shall :iDoear in the same size J . . letter or type as the name of the Provider. 2. The Provider agrees to incorporate the Commission logo :.lS appropriate on all letterhead, brochures, newsletters. business cards, stationery, posters, flyers, and other \1tritten and pictorial communication media for all programs funded wholly or in part by the Commission. 3. The Provider agrees to notify the Communications Director of the Commission as possible when engaging in contact with the media; and to provide the Commission's tag line to all media contacts for all progr3l11S funded who!1y or in part by the Commission. T. Purchasing, Procurement of yIaterials with Recycled Content. The Provider agrees that any products or materials that are the subject or are required co carry out this contract shall be procured in accordance with the pro....isions of sA03. 7065 and 287.045, F.S. U. Conflict of {nrerest. The Provider sh::1Il affirm that neither the Provider nor any of its directors, officers, members or employees has any interest nor shall acquire any interest, directly or indirectly, which would contliet in any manner or degree with performance of the service hereunder. Th~ Provider further agrees that in the performance of the service, no person having such interest shall be employed by the Provider. V. Nepotism. No person may hold a job or position with the Provider in which a member of hisfher immediate family exercises supervisory authority within the program. A member of an immediate family includes: husband, wife, father, father- in-law, mother, mother-in-law, brother, brother-in-law, sister, sister-in-law, son, son- in-law, daughter, daughter-in-law and separated spouses. \V. Sustainability. It is understood that the funding provided by the Commission for this program is "seed money" to b~ used by the Provider to initiate a program, with the assistance of the Commission, that will eventually be funded an(managed locally with minimal federal funds or responsibility for the program. To ~is purpose, the Provider agrees to make a good faith effort to develop resources that will be applied to the future operation of this program. Resources that are acquired during the course of this contract \vill be reported to the Commission, X. Accessibility and Prohibited Discrimination. The Provider will ensure accessibility and prohibit discrimination in accordance with .-\rneriCorps Provisions C. 30. n. COi\'liYlISSION AGREEMENTS A. Reimbursements. Complete and accurate reimbursement requests (\VBRS Periodic Expense Report and Income Report) will be processed at least bi-monthly by the Commission and submitted to the Commission's fiscal agent, Tallahassee Community College, for payment. B. Technical Assistance. The Commission agrees to provide or assist the Provider in obtaining technical assistance and training as needed by the Provide::r for this contract. C. Sit~ Visits. Follo\\,'ing:lIlY qua::::; :.lSsuraDCC:, continuous improvemc:nt revie....-. ::-:e Commission will deliver in J tir.:c:i:; fJshion to the Pro\iJer J written report \v!:h comments ~J recommend::uions :-egarding the manner :n \vhich ser,ices Jre bei::g provided. III. PRO\- lDER ..\..1'lD COMi\IISSION :\ICTUAL AGREEMENTS A. Effective and Ending Dates. The contract shall begin January 1,2003 and end December 31.2003. B. Contract Funding Amount. The maximum ;lffiount reimbursable under this agreement is :5338,181.00. C. Type of Contract. This will be 3. ,:ost reimbursement contract. Payment for the contracted services will be contingent upon the documented allowable expendirures for the speci tied contract period. The Commission's performance and obligation to pay for services rendered under this contract is contingent upon available funding from the Corporation for National Service and the State of Florida. D. Ownership and Sharing of Grant Products. Unless otherwise specified, the Provider o\'ms and may copyright my work that is subject to copyright, including software designs, training manuals, curricula, videotapes and other products produced under the grant. However, the P:-ovider may not sell any work that includes the Commission logo without prior Commission written approval. The Provider, to :'1e extent possible, agrees to make products produced under this contract available at the cost of reproduction to others in the field. The Commission retains royalty-free. non- exclusive and irrevocable licenses to obtain. use, reproduce, publish or dissemir.ate products, including data, produced under this contract aI1d to authorize others to do so. The Commission may distribute such products through a designated clearinghouse. E. Contact Protocol. The primary contact for aU matters relating to this progrJ.I11 shalI be the staff listed in Section m. [ 0 (this Contract, unless otherwise speci fied in writing. The primary contact person will notity all parties in writing of alternative contacts should he/she not be aV3.ilable. F. Contract Amendments. All contract amendments will utilize the tormat of Attachment I and must be signed by the Commission. Tallahassee Communi!)' College and the Provider. G. Termination. 1. Termination at \-Viii. This contract may be terminated by either party upon no less than sixty (60) calendar days notice in \vriting, without cause. unless both parties mutually agree upon a lesser time. Said notice shall be delivered by certified mail, return receipt requested, or in person with proof of ddivery. 2. Termination Because of Lack of Funds. ill the event funds to finance this contract become unavailable, the Commission may tenninate the contract upon no less than twenty-four (24) hours notice in writing to the Provider. SaId notice shall be delivered by certitled mail. return receipt requested or in person with proof of delivery. The Commission shall be the tinal authority as to the availability of funds. " 3. Termination for Br"cach. This contract may be tCn11inated for non- compliance and/or breach of contract by the Provider upon no less than twenty-four (2..n hours notice. If applicable, the Commission may employ the cd:.lU[t provisior. ~:1 Chapter 60;\-[ .C06(3), F.-\C. Waiver ot"breach of ..1ny provisions of this ...:ontrJl:t shall not be: deemd to be a \I...aiver of :my other breach md shall ~ot be construed to be a modification of the terms of this contract. The provisions herein do not limit the Commission's right to remedies at law or to damages. H. Overpayment In the event that the Commission, the Provider or an auditor discovers an overpa:ment has been made, the Provider will repay the overpayment within thirty (30) calendar days unless extenuating circumstances are deemed to exist by the Commission. I. ~ orice and Contact. 1. The name, address and telephone number of the Commission's Program Consultant for the contract is: Vera Jones 444 Appleyard Drive Tallahassee, FL 32304 (850) 92 [-51 7? vera@volunteernorida. 0 rg ., The name, address, and telephone number of the representative for the Provider responsible for :he administration of the program under this contract is: Lawrence Moose P.O. Box 13489 St. Petersburg, FL 33733 (727) 34 t --+493 moosel@spjc.edu 3. In the event that di fferent representatives are designated by either party after execution of this contract, notice of the name, address and telephone number of the new representative will be rendered in writing to the other party and said notitication attached to originals of this contract. .J. All Terms and Conditions [neluded. This contract and its attachments as referenced below contain all the terms and conditions agreed upon by the parties. Attachment [ - Contract Amendment Form Attachment rr - Budget and Budget Narrative Attachment III - AmeriCorps Provisions Attachrnenr'IV - Monthly Progress Report Form fN \VlDiESS THEREOF, the parties hereto have ..:aused this conrra<.:( to bc executed by their undersigned officiJls as duly authorized. PROVIDER Signed by: COM~IISSIO(,; Signed by: Tallahassee Community College (as fiscal agent for the Commission) Signed by: Signature Signature Signature Name Name Name Title Title Title Date Date Date .-\rr:u:hmenc I .-\.mendment # This amendmer.r is made BET\VEEN The Florida Commission on Community Service 444 Appleyard Drive Tallahassee, Florida 32304 referred to hereir. .lS the "Commission" .-\~D St. Petersburg College 3200 34th Street South St. Petersburg, Florida 33733 referred to herein lS the "Provider" amends Contract OOASCFLO 10100 1 1 . Section , P:u-agraph is hereby .:unended to read: ') This amendment shall begin on , or on the date on which the amendment has been signed by both p;l~ies, whichever is later. 3. All pro\.isions in the contract and any ~~.1chments thereto in conflict with this amendment shall be and are hereby changed to confor.n with this amendment. 4. All provisions not in conflict wiu~ this amendment are still in effect and are to be performed at the level specified in the .:ontract. 5. This amendment and all its Jttachmenrs are hereby incorporated into and made a part of the above cited contract. rN \VITh"ESS THEREOF, the parties heretO have caused this contract to be executed by their undersigned officials as duly autIlOrized. ~ PROVIDER CO~GUSSION Tallahassee Community Signed by: Signed by: College (as fiscal agent for the Commission) Signed by: Signature Signarure Signature Name Name Name Title Title Title Date Date Date .' \ III e r i C l) ,. P s Pi Ill' II :I S ::: I) I) J B LJ d get :\:1 r r 3 t i V ere \'. 11. 1 3 . 0 2 C~S I~ - Kl='iD CASH FC~DS :\1.-\ TCH ~L-\ TCH TOTAL .-\. :\IEMBER SCPPORT COSTS L Living .-\lIo\van\:e S] 65,388 SO 564,512 5230,0400 24 sIipended Full-:ime members (.:..8 pt Ed. .-\w~lrd unly ml:r.1bcrs) 2. Medicare 1,45% 52,406 SO 5935 53,341 ., \Vorkers' Compens31ion 54,444 $0 51,728 S6, I 73 J. (Acardia of Ohio rJIe of S 1 S .25 per month per full-lime member :md $9.55 per mo. per ;:Jart lime member) 4. Health Care InsllrJnce* S 12,935 $0 S5,030 Federal Dlan for digibk melr.bers at $ 1 ,265 .34/year ;;embcr. (NASCC Plan) "We have not bllc~eled fl)r :1t:~l!t:-1 ~are ;;;sur3nce for all members because many still live 31 home J:1d are cll'.c.:rcd by lheir parents' insurance. Budgeted for 14. S 17,965 Subtotal i\Iember Support Costs: 51 S5,672 50 572,206 5257,878 B. OTHER MEMBER COSTS 1. Training and Education $0 S2,767 so S:2,767 Members Orientation pre,slT. il.:l~ rrairllr::; '.vill be provided in-kind by the partner organizations and others. !3a:;e.luptJll ,I(:~.lal ~l)sts for orientation in 2001. Classes: Ethics provided by RCPI ~~5~~ [ntro to Community Policing provided by RCPl 5270; DISJbtllty .'\\I"lt'l:::nl:SS provided by SPC S100;. Working with chi:drc\1ITulonng Traln:;:~ provided by .-\meriCorps Hills.borough Reads S539; Cultural Diversity provldt:d by Pinell.:ls County Schools :5605; HIV nwareness orovided bv SPC $200: True Colors:Understanding Personalities provided by SPCS250; and' CPR provided by PCSO 5548. - Subtotal Other :vlember Support Costs: so 52,767 50 S2,767 Grand Total S2,767 CNS FUNDS IN-KIND .vfA TeH CASH M.-\ TCH TOTAL c. STAFF (Directly Involved in .-\meriCorps) 1. Salaries a. Proj~ct CoordinJtcr: iOI)'j,,) tiil.C 537,0-:-2 ~iJ . SO 537.07:2 (3ka Progr3m Di.~ct0r. responsi~l~ :0. the o'icni1 Jdministrzition of the program) b. Project Activities Specialists: 557,886 SO SO 557,836 2 positions responsible for direct supervision, 3ssignment, development of 31 members. Ensure implementation of program objectives within targeted communities. progress to program director (1 st position@ 530.042, 2nd position @27,884) Salaries differ due to prior work experience and tenure in position. c. Secretary 50% of salary :59,871 SO $0 :59,871 (provides clerical support to the program director, shared with another college dept.) d. Law enforcement officers' time SO $84,480 $0 S84,480 (guidance/mentoring AmeriCorps members for personal and professional development est. 32 officers x 3 hrs.lweek x 44 weeks/yr. @ Jvg.$20 hr. * includes some benefits) Su btotal S t3 ff S :lla ri es: 5104,829 $0 S84,480 2. Benefits (29% of salary) a. Project Coordinator S9,879 so SO so b. Project Activities Specialists 1st position at S 1 7, 172 so c. Project Secretary 53,566 so so Subtotal Staff Benefits: S30,618 so SO SO 3. Training for Project Staff $0 so SO SO S ubtota I S ta ff Tra in i ng 50 Subtotal Staff: 5135,447 CNS FUNDS SO CASH MATCH 584,480 IN-KIND :vIA TCH D. OPERATIONAL 1. Travel mileage to 4 PO meetings 5500 so SO 2. Corpor:ltion Spon..orrrl :'\JpPting~ 5~O(l ~n ~n 3. Supplies S I ,920 S500 for pens, pencils, paper & misc. office ~uPDlie<:: and Jnv -:uDrlie" neCe,,':lfV tfl 5708 $7,475 ""'''-H.l~'''I.. ~.Uc.;~l" vUJ'-....U\1w.:; _':'vV i.\... a lUlj'l..lJl,;~ ul iiJ~1110\::1 Ll1ol11111.lg~. S189,309 S9,879 517,172 $3,566 530,618 $0 SO 5219,927 TOTAL $500 S500 510,103 .-\150 incl udes m~r.:ber i.:ni (1):-;-:1 r:lJter. .=.:s 3,t S35 merr:bc:r C:-;S :-:1t:: .t. Local Tr:.lnsport:ltion 31.250 513,16- 5750 S: 5.167 C3,leulJtc:d at 5.29 per mile, :nembers :::-:d staff to pre-jeet sites Jnd training. S 1,250 is estimated cost of mileage re:;nbursement tu staff based upon FY2000. S 13, 167 Based upon FY 2001 in kind ::ivoiees from Police Departments. $750 is allo\vance for cost of member :-:1ikage reimbursement for PCSO members who have no access to depar:mental v-=hicles for assignments 5. Equ ipment SO S 1,46.1 SO S 1 ,464 Cost of A V equipment use during orie:1tation and monthly member training A V Equipment @ S6/hr per piece" 5 ;;ieces (2TV, 2VCR, Overhead Projector) for room 221 for (44 hours) = S 1,320; lnd 3 pieces (TV, VCR, Overhead) in Room 103 for 8 hours = 5144. Equi;7TIent = S I ,.164 6. Other 53,040 518,834 5300 522,174 Rental/lease of 3 pagers Jt S 140 year; I:ability insur:mce covering the progr:un est. S 1 -::-00 (not tte college); printing (brochures) 5250, dU;JlicJting 5700, recruitment advenising5200 film development S50. In-kind includes classroom use for trJining, figured at S 1 0 hour for classroom ~221 :'or 44 ho'.;rs = 5440; 5200 for use of Rm 103; S32/day setup/bre~:kdown of rooms for 7 days = 5224, office space at SPC ($2,...1 70) and at par:ner offices (515,500) SubtotaIOperation:!l: 57,210 540,940 51,758 549,908 E. [~TERNAL EVALUATION Internal eVJluatioru':Tlonitoring so so so so StatfwiII conduct internal eV31uation using tools developed by paid evaluator of program 1996-1998 ::md revised as necessary. ITA provider will be used as needed. Subtotal Internal Ev~llI:1tion SO SO SO SO Su btotal C - E 5142,657 5125:420 51;758 S269,835 C~S I:'-l- KI~ D c.-\ S J.I FU)/DS ~[A TCH MATCH TOTAL F. ADMINISTR-\ TIOl'i College Indirect cost recovery 59,850 :528,611 0 38,461 Y% of CNS funds will gO to the college fa; indirect costs recoverv. The college's actual indirect cost rate as det~nnined by De-pt or Educ:ltion is 29.7% at Salaries. ~ The difference between the 29.7% of s~lIaries ~md 3% of the eNS Funds will be considered in kind contribut:on to the grant, expected to be $21,284. .-\I~o includes SO/I) nt':-al:1rv/rime ,mo hener-:r~ of involved perc::nnnel :1t police department~ and Shen fi'S Of lice lor ;JOJllmstr:1l1ve supp.)rt, gUld::mce. -::lenca.i (varies by department) TotJl = 57.327 ~ U I) lu lOJ I .-\ U III III I :.l Llll u II. ~Y.~;)\' ~:"'~.1I1 I ;) lJ ~':'l)..tlll Subtotal C - F SubtotalB-F Total Program Budget A - F: S 152~506 S152~506 5338,178 . S154,031 S 156,798 5156,798 Sl,i58 SI,i58 S73,964 5308.296 S311,063 5568,940 Budget PY 02.03 Anachment iI FROM: TO: aOP-SCFL0101Q01 Q'!riod Cc....'?rec:: 01/01/03 12/31;03 E.xpenses: CommiSSion RecipIent Recipient Total Outlays Federal Funds Cash In-Kind Match Match A. Member Support Costs: :: ':If Members.FT ~ 165.888 54.5:: 0 230.400 :: of Memb~s.HT 0 , J 0 :: of Members.RH7 0 ,) 0 :; ':If Member's.QT 0 .' 0 0 :: of Members.MT 0 \,; 0 0 Subtotal 165.888 64.512 0 230,400 FICA (7 65%) 2.406 93: 0 3,341 Plrcrn(ag.~: 1..l5... 1..l5'" _PIV/OI Wo.....er's Ccmpensatian 4.4.15 l,72S 0 6,173 Altemative r-eallh Care 0 J 0 0 AmenCorps ,-ieallh Care ~ 2.935 5.030 0 17,965 Qlher (Spec.1y in Sudget Narrative) 0 () 0 Subtotal: 185.674 I 72.20: 01 257.879 I P.rc.nlag.~: (ess mou. 35"') ~z... 2B"- 0"- (mal !5~'.) imtn.1S....j B. Other Member suppon Costs: .raining & ::cucation 0 " 2.757 2,767 Otl'1er (Specfy in 3udget ,'Iarrative) 0 , 0 0 '. Subtotal: 0 J 2.767 2.767 ;:)erc,nlagfs; (eSs m",. 67:~) 0"- 0% 'OO~. (mal 5;~'.1 Im,n OJ".) C. Staff: Salaries :04.829 8.L~30 189.309 Benefits 30,618 0 30,618 .rainlng 0 0 0 Olher (Spec,iy in Sudget ~jarra:i"'e) 0 .. 0 0 Subtotal: 135.447 oJ 84.480 219.927 P..rce "rages 5=' O~. 38~. D. Operational: Travel 500 ,: 0 500 Corporalion Sponsored Me€ting 500 C 0 500 Supplies (inCluding ServIce Gear) 1.920 7C<3 7.475 10,103 Local iral1socrallon 1,250 i5C 13.167 15,167 Ec;uioment 0 - 1464 1,464 Clner (Specdy," Budgel ~Iarrati...e) 3.040 3CC 13,834 22.17 4 Subtotal: 7.210 1.7 sa 40.940 49.908 ?'!rc~ntages 14'" ol~~ 82% E. Internal Evaluation I Monitoring: 0 '. 0 0 Percentag.'S. 'OIV/O! 'OIVIQ! _OIVIO! Subtotal B-E (in dollal amounlS) 142.657 I 1.7 sa 128.187 I 272.602 I F. Administration: Program may nOI exeeed ~% of CNS funds 9.850 \,; 28.611 38.461 Total 8-F (,n dollar amour.ts) 152.507 I 1.7 sa 156.798 I 311,0631 P"Ct'nla9~": 4'% ,~. !X)-t. Tot;!1 A-F (in ,jollar amour.ls) 338,181 i'J .963 156,798 I 568,942 I ~~:aC:1m-:rr ;.,:~V Ch~JrI'.!.~~ U) :00: -\~CriColrpS P:-nvisi"ns Section 6 (h)-Crimin:!1 Rccord~ Check -;-;'IS sectlon was ~evIsed :0 eliminate :he !angua::~ :hat ':~~,:Jal records .1.;cumentJt:c'1 should be:: :TIaintaine::d In :";1ember or -;:mpioye:: :il::s. Section 7.Tr:Jinin!!. Suoervision, :Jnu Supoort 6) ?::riorr.1anc:: K::\>teWS - 7his se::ctlon .....as :-~'I!sed :0 lcd ::-:e:: language requiring :he:: g::lnte::e :0 ;;e::p J record of :he:: :r.ember') ::valuacion. Section S- Terms of Service The:: de::finitlons Jrhalf.(ime. reduced ;,al:-.time. quarter.f:rr:::. and minimum time:: memeers have be::n included. The :::rrn kss than full.tlme is used to descrlbe these ;Josnions. The n::w de::nJtlons replac:: :he old de::finltions throughout :he:: ;Jro\>ls1ons. 7he:: requIrement :hat III :-::duced part-tIme members ',vith:n 1 progr.lm .-:lust ier/e :~e ;Jme number ,)i hours has been ::llCn:r:atec. Section 1 i-Living .-\llow~)ncc. Other In-Savice Bwdirs Jnd Tucs The :e;';11 'e55 than full :Ime :nemn<::rs :s 'lsee Instead 'Jr ~a;:':lrnc mem':::rs Scc:ion 1:,Post Service Eduotion .-\"Jrds .-\ (able: 5~owlng (he nlue v( ,he:: duc:Hlon J'Vares Jnc :;;:: required hours iar ::ach :y;:e 'Ji rnembt:r has b::en mcluded. Section l~-.\olember Records .JOd Contidenri:Jiitv J) Rc:cIJrd :<'ec:plOg - This 5eC:lon has ::::e:1 r~vlsed to ';!;;:'lfy Jr.d mTIplify record :<:::::Jlng requireme::nts to docu::1e:nt ::1emb~r :::l1g1bllity oj Ver::-:';:lllcn - r'1S 5::C:lOn h<lS been Jdded to :l<l['-i~. :~:: types o(.:ocumentJtlon required to '1e:;!'y citizenship, Jge, Jr:d high ;c::OOl :::CUCJClCn for :TIemo:::r :::lig:bil:=:. F':""L " ;t;'IE:. :':0: Section 15-Bud!:!:::t :lnd Pro'.!.r:JmrnJtic ChJn!!~~ The:: iect:an has b::::n revised (0 :;love (r.c: r:::-:Ulremer:ts ier JblJlntng (.x;;OrJCIOn Jppro'lJI for budgec transrers from (J)(IV) iO (';);(1"') Section 16(:I)-Repor:il1~ Requirements The dUt: JJCC: :or progress repOfrS hJS Jc:::n Jp(br:::d. I:,e ,,::w due date :5 D..:cernbc:r :. 200:;, Section :O-Responsibilitit:s l'ndu Cr:ll1c.\dministrJr1on J) ACCOuntability 0fGrJnte:e - ThiS ie::ction '.YJS ::::'.'Ised (0 requIre grllr,tees to Jcc:..:ratc:l: rec1,rd ehe ser--'ic::: JCtlvlllCS Jnd tJulccmes Jchlt:v::d und~r the snnl. Section ~6-Retcntit)n nf Records ThiS se::ctlon WJS r::vIsc:d to Jdd orogrJm ;Jc:r:'or.nJnce cara :0 the: list 'J/ records ~hal -n~St be r:talOc:d. Section J I-S u p pic m.~n taeion. .'1'111- Ou 0 Ii c:ltI lHl Jnd 'i l) n- DisolJcem~n t \c) Ii - P~;)hlb,tlon on )<:kc"n~ :1l1 ::mploy.:: ,"or ;::ar,ici?Jt;on ThiS prohlCtClon hJS o::::n d,ml1lJl::d :0 .:or~ior7:1 ,0 the 'J.:comlng reguiJtlon change:s Seccion .35.PafllrmJllCe .\ole:!slIrcmenl .111.1 EVJlu:!Clo1rl c) (nd.:;:endent E';JluaIIOn - 1.115 i::(:;OI1 'NJS re'dsed :0 -;:ncour:Jgc: ;rJnl<:Cs to aD/Jln .In Indepc:ndc:nl ::vJIUJIIOn Jnd ,0 requIre :t Ii Inc\udetllll the Judg::t. d) .....ccounlJbdlty ('0r R:sulIS - T!lls "eellon '''J; JddeC to ;tatt: IhJl ~\lttlre fundln!,! mJY be: contln!;!:n! on corr.?kll1\.:: WI:n :hls ,e":11011 .In,j ;.lllit:J..:t.:ry Je:rr'or:-:-::Jnc:. ..\lu.:hmcnIIV AnleriCorps ~(onthly Report '.Ionrh & Y'::Jf R,:pOrlir.g Program Name: Operating Site :'iumbcr: Submitted by: Telephone Number: ~umber Enrolled 10 Date Service Hours - Monch Service Hours - Ycar-to-D:He y[embers: ~umber ..\llo tted Full time I Pal"t time Volunteers: Number used chis :\[onlh :'lumber used Year-co-D:HC Service Hours - Service Hours - ~lontb Year-Io-Dace Community Service (Getting Things Done) Community 5 crengtheui ng ;Hem ber Devc!opmen t Progress ~l::1de Toward Meeting Objectives: Exceec.ed Ex pecI.1lions :-'lec ExpecI.1tions Below Expect~ltions .. ~ Based on each of your program objectives, please describe an:.. special events, issues, concerns. successes, or recognition experienced by your program or tbe members this month. Attach copies of news articles, reports, :n"'3rds, etc. as you think appropriate. Final Agenda Item # Meeting Date: 5cu/6S I ,.-1/j / '. . ..'-- BUt... ..'}I . ~r~ ~ l~ X!'ArEl, <( ............ Clearwater City Commission Agenda Cover Memorandum Work session Item #: 5/1103 SUBJECT/RECOMMENDA TION: Award a contract to Atlantic Truck Center, Fort Lauderdale, FL for the purchase of one 2003 Sterling L T 9500 Roll Off Truck, at a cost of $102,691.00, which was the lowest Bid received in accordance with the specifications of City of Clearwater Bid # 43-01; and authorize financing under the City's Master Lease/Purchase Financing Agreement, 00 and that the appropriate officials be authorized to execute same. SUMMARY: · $70,000 has been previously budgeted and approved for the replacement of G1491 as a dump truck. . Additional approval requested in the amount of $32,691 in order to convert to the roll-off system. · Current operation with dump truck requires driver to wait for loading of materials, which results in idle time or lost productive time. · Roll-off system allows driver to drop various containers at loading sites and return when containers are full and ready for transport. This system allows driver to remain productive all day. . Dump truck capacity is 12 cubic yards. Capacity is adequate for heavy materials: dirt, gravel, etc. · Roll-off system allows use of 20, 30 and 40 cubic yard containers. 20 cubic yard containers for heavy material. 30 and 40 cubic yard containers used for light material such as brush, tree trimmings, etc. . Savings of $6,300 in pull charges with Solid Waste will cover increased Lease/Purchase costs for additional cost of replacement truck. . Additional costs will be absorbed through savings in the Stormwater Utility Operations cost center budget (419-02090). Reviewed by: Legal N/A Info SlVe N/A Originating Dept: Solid WasteJGen)ll'lflp)!f\llc,lt~ Rick Carnley '/J1[~_f6. . User Dept. J' Public Service Ij Costs : Total S102,961 Budget Public Service .;'iL - p~rChaSing~ CMlACM Risk Mgmt Gen ~)'J - Svcs/Fleet It:'~b Funding Source: CurrentFY CI x OP (!..c Attachments Other Submitted by: City Manager -.:;>. a f, ~ Ikv~<- [B] None Appropriation Code: 315.94227-5641000-519- 000 o Printed on recycled paper Rev. 2198 ITEM # ~5 .~ ,~~~ t ~ --- "'" ... =- ii; ~"';-<,~ !YA TE'.,' Final Agenda Item # PL0\ /) // ~- . ') Clearwater City Commission Agenda Cover i\'1emorandum Work session Item #: Meeting Date: Of).O 1.0:\ SUBJECT/RECOMMENDATION: Accept a perpetual 5-foot drainage and utility easement (dated February 14, 2003) conveyed by Einar T. and Catherine B. Kristensen. husband and wife, over and across E 5' of W 10' of Lot 160, FAIR OAKS 4TH ADDITION as more specifically described therein. SUMMARY: . Many of the residences in the Fair Oaks subdivision were constructed in the early to mid-60's. . Over the past 40 years the stormwater lines within Fair Oaks have deteriorated, along with becoming inadequate to completely channel stormwater from within the now fully developed subdivision. . Average rainstorms have caused flooding in the Grantors and neighboring residence due to the inadequacy of the existing stormwater collection system at the subject location. . To mitigate flooding, Engineering staff plans to replace the existing 12-inch corrugated metal storm line between 2030 and 2036 Sandra Drive with a larger diameter concrete pipe as part of its 2003 Storm Pipe Replacement Contract. . The existing 10-foot drainage easement centered on the property line between 2030 and 2036 Sandra Drive is inadequate for construction and maintenance of the larger storm line. . The additional 5-foot easement grant from Mr. and Mrs. Kristensen will create a 15-foot easement within which the City can adequately install and maintain the larger replacement pipe. . The Grantors mortgagee, ABN AMRa. Inc., has provided written consent to the easement grant and subordinated the lien of its mortgage to the rights conveyed to the City. . A copy of the easement documentation is available for review in the Office of Official Records and Legislative Services. Reviewed bY/~/(; Legal ~ Budget NA Purchasing NA Risk Mgmt NA f\ Originating Dept: '1'^-\ Info Srvc NA Public Works (E. Barrott) Public Works ~ ~ser Dept. DCM/ACM ~' Other NA Attachments Locator Map Costs Total NA Current FY Funding Source: CI OP Other Submitted by: City Manager ~ ~... <<....-. Appropriation Codo: o Printed on recycled paper 5: pwa on san1/EnglnlWord/Agenda/Kristenson D&U Eas Agn 0103.doc Rev. 2/98 ., LOCATOR MAP KRISTENSEN DRAINAGE & UTILITY EASEMENT - 2036 SANDRA DRIVE .. , :1 !'~:- m\llm\ ~~~I~~~'rDi":;l m ~)I. ~}: A~~~~ ~J'; m - . II P. j:':% a ~ .. I L_. ~1~ ~ _ = e i~ i ~ .i il :'00 ~llc~~~f::~I~~1~;.il,~)illl: i~~ ~o' l:;r:.! ilPi,: "" ~.: . '0' 1!~~P~~'1~. ":~l,pe l'e'JIMP~'R14L, 19) I ,q4 & '!.'..2:''''_ ii [Jj_ Pol ~= ~ ~ t1r,) t91~IHj..," 3" ~ ~- ~~~ -- I:_~~~_ L!'~_ _~__ .. __n~_ ..~.. :k: tl ~,., r.A :~:O<I.r" -TT1lfT i 'Mil Di'>1: ~:i s "" "?~~ g ;;., IJ.' C) .~~~~:J~u Anl~ Ie' I!~ I 1!!1 ~>- - flJ 7" ",' '" 'IT ~J:I I fl~"f r jii, "" '-, 11~ ,.t 117 17e Ii"; ~ 'll" 2.... NIT M 2 7~ ~ --"" ~ I ~ i a !'-'!.-- , "-,, . ,1f, "".~ I" "'~~- - -. -- --~-.._-- ... IJ!. ....:~ PiVOt ~ "..!.~ ~ !..'~I 1.0; '"" ;;OJ ;;""i L,,,,,- -.it Ii" fuT ",,;: l .",-",,- eJ 17 "" I 1ft'D t ~ " 2 ~ .---J--4, f? t! -WI'O ',oo "" 2" r'" "l6 ~ '".~ I,u1 ~lf~~~.. .. I. --I " I IJI,'ff IUJ - I"T 1} I .~ i " ,,~~ "_ - ~-- -- ..;-::.;- ;q I ' ! ~' -"'" !... I "J l"~ I "". ;.: ", 1 ..\~: II' 19.1IJITI~ 1'7! i J" ~~i;;:; I:;! "~/II': i;~;-' ,.., :I" i I ~ ~ i~. -. .. ~ I ~!i'!-.. iO #\) ,J-!j 9 I t lp' II . .__. _ t/,~~.~.-=~:t:-:::-::=._._ .~~'-. -,::.:u;:t . _...:..~L..., . J~ i ~ __ ~~~~1JL ~~~~_:;__~~.:l_t. , I i I I I r-- IJIt 1~6 IJt' I~~ 9' .,u 2~ 'J .'~. ~!!' I~) I.' ,till-- 'I/O~ . 1110J ( 7~~~ wr '''~'''~ ( "11.-4., C 160 I~/O' . - II C1t.. to, LA...(~(Yt ~~ot ~0 "'5 o-lID ~ ii:~ tolD "'6 2i_u tc "" :':C\1 ll: . ~9 :;lCJ i _ '" ~ el? 1>.0 2iu S'...-.l IJJJ IMPERIAL PARK CONDO 7-15 ,,")-16' Ii 7 !..!!! . -'..'.'1 ~ "1_ '".. 51 'J!' v d I "'I II/OJ II/J~ II/J:~ 11/08 ...... _.......J... 11/0' . 110ft. to' . . ~~~... I I 7 ~l ....."'....., ..::-.~::. ....-.....,... ,1I/0~, 11/06: 11,102..' 11/10:. t ~7 - )\' ".~,<1"1"1019~ eEl ,~I~, I ~is. I Jl!i2 ~ ," . tj"- n.l.k' I~i GROVE \ clmTES I A D 165~35' "'" -~~ _~ "~' a, ') 'll OA' 19 I ~ 7 IGRLjLt: J li!.' _ \ t- 1 r.=" leEI . ..".. :: 11 ~ u '"' ~~ I; ~ t .It ......J; ~:.. _.._~ __.; _!!!'.. _2 11" ~ ...~C\." tAl''\: If'(I h Sl 0' i J t4 r; E S lIe ~l 19 20: r t........ ./"\. '9~ 1\ 16 " ES7AT;S" ~," ::" ~J 24" 'li 16S, .. .\~ \""" -;1\- l7 l~ l~ T~. II ); ). 30 20 :5 L1' 2)9 .~ ,~., 1 E ~ il E ~ l ~ , I e 2 :.o......pe- ~ 04K ~"h .-;;:r";'CqO~ "~""'h;";,~~;~I:V';: ....,,!'>~.. '6 j ~.'.~r--'~---~1--.El.-TI61 30 !>6r~~r~.8~'.)-~-o~I.:,'~ IJ" ". i " l~; ~ ~1 ~1 ~J ~.. ~~ oJ J ;) '" I 0 .. ' ROAO 2'''_ ...~ ~l 111.1:::' ~:.:;J) \ OAI, GROVE MIDDLE SCHOOL "." 4rv/II I'j.), " 'lli Ii' lmL.a~J~d.:11~.~IL.llb ,. .---' i~~e . ~5 Return to: Earl Barrett Engineering Department City of Clearwater P. O. Box 4748 Clearwater, FI. 33758-4748 Parcel I. D. No. 24-29-15-27036-000-1600 [I DRAINAGE & UTILITY EASEMENT II FOR AND IN CONSIDERATION of the sum of One Dollar ($1.00) in hand paid to them, the receipt of which is hereby acknowledged, and the benefits to be derived therefrom, Einar T. Kristensen and Catherine B. Kristensen, husband and wife, 2036 Sandra Drive, Clearwater, Florida 33764-4773 ("Grantor") do hereby grant and convey to the CITY OF CLEARWATER, FLORIDA, a Florida Municipal Corporation ("Grantee"), an easement over, under and across the following described land lying and being situate in the County of Pinellas, State of Florida, to wit: A DRAINAGE AND UTILITIES EASEMENT to encumber the east five feet (5') of the west ten feet (10') of the followinQ described parcel ("easement premises"): Lot 160, FAIR OAKS 4TH ADDITION, as recorded in Plat Book 54, Page 44, Public Records of Pinellas County, Florida This easement is for drainage and utility installation and maintenance. It is the expressed intent of the Grantor that the herein described easement premises directly abut and be contiguous to that certain five foot (5') utility easement extending along the west line of the subject parcel as dedicated in the plat of FAIR OAKS 4TH ADDITION, thereby creating a ten foot (10') public easement to be utilized for drainage and utility installation and maintenance. Grantee acknowledges that the southwesterly corner of Grantor's residential structure lies within the easement premises and shall not be deemed an encroachment. The CITY OF CLEARWATER, FLORIDA, shall have the right to enter upon the above-described premises, remove interfering trees and shrubs, and to construct, install and maintain thereon any stormwater lines and facilities, and to inspect and alter such stormwater lines and facilities from time to time. Grantee shall be solely responsible for obtaining all governmental and regulatory permits required to exercise the rights granted herein. The CITY OF CLEARWATER, FLORIDA covenants and agrees with Grantor that it shall maintain reasonable access to Grantor's facilities at all times during the exercise of rights granted herein. and that it shall, excluding the planting of trees, promptly restore the easement premises upon completion of any project undertaken in the exercise of these rights. It is expressly understood that Grantor reserves all rights of ownership of the easement premises not inconsistent with the easement rights granted herein. This easement is binding upon the Grantor, the Grantee, their heirs, successors and assigns. The rights granted herein shall be perpetual and irrevocable and shall run with the land, except by the written mutual agreement of both parties. or by abandonment of the easement premises by Grantee. IN WITN,ESS WHEREOF, the undersigned grantor has caused these presents to be duly executed this l~lJ day of &-~ .2003. Page 2 - Drainage & Utility Easement Grantor: Einar & Catherine Kristensen Grantee: City of Clearwater RE: Lot 160. FAIR OAKS 4TH ADD. Signed. sealed and delivered in the presence of: ;. 7 ' WIT. ( J J( - L..\J~~ \ .\t'~l ~ \ l._ Einar T. Kristensen Q r\- (.'~ t2(,~ /.ii-041 ~}..Lllf:l{ Cathe Ine B. Kristensen STATE OF FLORIDA : ss COUNTY OF PINELLAS Before me, the undersigned authority. personally appeared Einar T. Kristensen. a married man. who executed the foregoing instrument and who acknowledged the execution thereof to be his free act and deed for he use and purposes herein set forth. --~~ Notary Public - State of Florida ~~~- Type/Print Name U"-----' ~"".---t ~ypll. . .!;}. :!:t. EARL W.13ARRE1T ';; ~i;>~ MYCOM~IISSI()N ~ ccn~'~Qr,J. ~Orl\\)"" 1~\I'IIlES: MOl) 26.2l>>4 '~1.:..~y Fl ,",o"':y 5<lrvlce II &n.:l,roQ ",e ----- [ ] Personally Known [vi-Produced Identification Type of Identification Produced .}.~ ~~ ;;/'~ STATE OF FLORIDA : ss COUNTY OF PINELLAS Before me, the undersigned authority, personally appeared Catherine B. Kristensen, a married woman, who executed the foregoing instrument and who acknowledged the execution thereof to be her free act and deed for the e and purposes herein set forth. [~Y'iI~ E'\I~L-~;~'--'( ...~ ~ftI.~ MY (,(,"If'~:,~ION l' C(....;.:~\~J ..'to~(\.ta~ L,P:I{,..r; hh:~ :!(l,~1l.1.. ''(~HOlNlY Fl tooC''''1' :;."VIC....!. B<m.t,~; '.'" -~-..._--_. No ry Public - State 0 Florida ~/(/ ~d,Y- Type/Print Name [ ] Personally Known [ ~roduced Identification Type of Identification Produced 9-~ ~~ ~,~ EXHIBIT "A" Scale 1"-50' This is not a survey REBECCA DRIVE w ::> z w > <{ \ \ \ \ O~~S 5' Easement~ L 149 148 ~~~ 5' Easement ~ I I (f) W ...J ::> () a::: w :c E. 5' --- Drainage &- Utl7ity Easement 160 --w. 10' of Lot 160 . ~\) bc~ 159 a Existing 6 5' Easement- ('..J SANDRA DRIVE be be {)c/ <0 161 11 Ul ~I I I I I o <( o ~ >- ~ :::> CD ~ W I- Z <( U CITY OF CLEARWATER, FLORIDA PUBLIC WORKS ADMINISTRATION ENGINEERING ;.'~I~~ DRA.INAGE &. UTILITY EASEMENT LCl~~~'-Ol e><a.1Il 81 E. s' OF W. 10' LOT 160 """ E. BARRETT 4th ADDITION FAIR OAKS SUS'N 1 '*' 1 O-'lt 1tcT-fW'.J'"-Nf') 01/10/2003 KRISTENSEN 24-29S-15E ~AHa JOBB 2036 SANDRA DRIVE H/" I~~. j I .' 1~5 ,.t'/q~/7~ I 17)P/vr ;;; ~ ....~ "'~ o~ ~'Il?' ~ ) 1 ./- /.1'P 1Y'!=-t;J~ -e:-- /~~1/.d~ 1': t!f '/ e> "t t:J "- + 1"''/ E; /I.~/l ;';'./}tJ ~tf~' 1i1:';?i,.r: C'j/t€ If /,dr; .../ ~ ..... ~ ~ .....' ~~ ~~ '-\ .f-!7 7fJ ,t\ '\a ~ ~ ~ ~ \\ Ii 8, 7.!~ 7'1 ADDITIONAL 5-FOOT DRAINAGE & UTILITY EASEMENT ~'l ".J. "t,. .J " 1 # ,,(111 , Of) {. ~e /6.1 ,t;4'~~ r-z:r::. ,?;JA' 7" ~,. ,c' ,. "" 1'. tfJ/I ,4 ~ 3~. t- # /1;1/' S~. t;~ C?j: ~ r~"~/"-,7"/-E-. LEGEND o se T ,,.ON ROD . . FOUND 'RON ROD a SET CONC. MOH. . FOUND CONe MON. JO B NO. 85-602 DRAWN LDS DA TE 9/23/85 SCALE 1". 30' CORDON f. KlltlON. ASSOCS., 'Ne. S...,.., .lfIIl",,_ 1260-A South HlShland AVfnUf a"lW.t~r. f10ridi .ll51 S (IIIJ) 4U-1067 :TIFY THE SURvey AS MEETINO THE MINIMUM "NOAROS, CHAPfER0-8. F.AC. BY L ~~ Flor/da Regh'.r.d Surveyor C.rtltlc.'. Ho. 3138 I /- (.1' ") tj ,I \ r-- "I v., . B.e1UrnJo: Earl Barrett Engineering Department City of Clearwater P. O. Box 4748 Clearwater. FI. 333758-4748 I Parcell. D. No. 24-29-15-27036-000-1600 I CONSENT TO EASEMENT 8" SUBORDINATION OF INTEREST RE: ABN AMRa, Inc. Loan No. 0000322958 THE UNDERSIGNED MORTGAGEE, being the owner of a lien on or secured interest in the following described premises: Lot 160, FAIR OAKS 4TH ADDITION, as recorded in Plat Book 54, Page 44, Public Records of Pinellas County, Florida, said lien being evidenced by that certain mortgage dated January 10, 1992 given in favor of Meritor Savings, F. A. as recorded in Official Records Book 7786. Page 0715, Public Records of Pinellas County, Florida, having been variously assigned thereafter and now being owned and held by the undersigned corporation. Mortgagee does hereby consent to and joins in the grant of that certain Drainage & Utility Easement dated February 14, 2003 given by Mortgagor to the CITY OF CLEARWATER, FLORIDA, a Florida Municipal Corporation, to facilitate replacement, installation and maintenance of stormwater and sanitary sewer service lines, and does hereby further subordinate said Mortgagee interest and all of the right, title, interest and claim thereunto accruing in said premises to said easement grant, together with facilities to be constructed and maintained therein. IN WITNESS WHEREOF, the undersigned has caused these presents to be signed this ~ day of M It~ -If , 2003. Signed, sealed and delivered in the presence of: ~"~~ itness Signature Print name e. irE!'", /5~ ~ u..r ~-S;t~~ Print name ,L.1(hA/~ fA 72!. ~ __Cj ? ~-t+ ABN AMRO, INCORPORATED, 8n Illinois corporation authorized to conduct business in the State of Florida BY:;<?WY ~ Print Name J.-{,{ C Y ...5 Ai V lJ.e/L Title yr iLq- U (Ll:... ? IL ~LVI ACKNOWLEDGMENT: Easement Consent & Subordination ABN AMRa, INC. RE: Parcel # 24-29-15-27036-000-1600 Pinellas County, Florida Grantor: Einar & Catherine Kristensen Grantee: City of Clearwater, FI. STATE OF FLORIDA : 55 COUNTY OF DUVAL : BEFORE ME, the undersigned, personally appeared 5V\ , as f\rt.s-t V,c.t -?~5 IdeV') -\- of ABN AMRa, INCORPORATED, whom, bein duly authorized, executed the foregoing instrument on behalf of said corporation, and who acknowledged the execution thereof to be h~ free act and deed for the use and purposes set forth therein. (NOTARY SEAL) 'f! Personally Known [ ] Produced Identification Type of Identification Produced ~~,''':N~;lI 10; :.\ . . . :z ~-i', . .f'l ')11. :,~'}\"" v. ~ KEllEY p,f( COMMISSION :I CC 958922 EXPIRES: VoolO100r ii. 2004 ~"fh~:~::::"':~:. ..1 ~ ...."........,.".....~'J...I..I_' .. EXHIBIT I! AI! Scale 111-50' ,I This is not a survey REBECCA DRIVE w ::> z w > <{ \ \ \.\ O~~S 5' Easement~ L 149 148 5' Easement ~~~ E. 5' --- Drainage &- Utility. Easement 160 -w. 10' of Lot 160 (/) W --l ::> (.) n:: w I . ~\) ~~ 159 o Existing 8 5' Easemen t C\J {)c{)c [)c/ ~ 161 SANDRA DRIVE ~ I I 11 Ul ~I I o <( o a:: >- 0:: ::> CD 0:: W I- Z <( U CITY or CLEARWATER, rLORIDA PUBLIC WORKS ADMINISTRATION ENGINEERING ~"~I~~ DRAINAGE &. UnUTY EASEMENT L~;~-Ol OI[ClCIIl IT E. s' OF W. 10' LOT 160 SHIrT E. BARREn 41h ADDITION FAIR OAKS SUS'N. 'OF'_ QA.1"( sttT-TW'7"'-"; 01/10/2003 KRISTENSEN 24-29S-1& (R OfID.......a. 30ee 2036 SANDRA DRIVE rl/A . . . I i I 1~3. , ~ .....~ "'~ Oa \. /l'J' ~ ) 1 I . .-/.,'? 1': rf '/ t' -I-ttJ ,. ~ +1'// :;- I. itJ il.'J(J 7.t1i1' IW;?~'; C',p'R /f / ;</ r; .-,' I I ! i I I I I I I Iii 8, jl 7.!~ 7', . ~ , ~ ~ " ~ ~~ ~~ \.\ .f1': 7a ,t\ 'a ~ "' ~ ~ \\ /6~ ,r;"~ ~ r r:- ,1;) At 7 #.- ,;.. ~1'. ~D ,4 & 3tt:.. to ~ 1'1/," r 3~. (; ~ t! lj: j': r.;t" ~ I '. 17 "" e=. /.... 6',4,(/044 I j7J/J/Vr ;; \ , 1f/~t;J,,E-- /'U#1/,d~ LEGEND o SE T '''ON ROD . . FOUND ,nON ROD a SET CONC. MON. . FOUND CONe MON_ I JO B NO. 85-602 DRAWN LDS DATE 9/23/85 SCALE 1"1 30' CORDON F. KILliON. ASSOCS.. 'NC. s-..,., .. l",,_ 1260-A South HishJand AVfnUf afll"".'~r. Florida J3SlS (813) tU-7067 , / ~~ r---- ~/J~//)'~ ~~c:.\J'L.~~~ ~ ':~:~ ~ ~ :~- ~ ;,.~~ Cl~ar\Vater City Commission Ag.cnda C o\'~r ivlcl1loranclul11 Work session Item # e L"; .:A Final Agenda Item # . 2 i Meeting Date: May 1, 2003 SUBJECT/RECOMMENDA lION: Approve work order with Parsons Engineering Science, Inc. of Tampa. an Engineer of Record, for additional funds and revised scope, for the design and permitting for the Kapok Wetland and Floodplain Restoration Project in the amount of $97.770 for a total of $412,906, ~ and that the appropriate officials be authorized to execute same. SUMMARY: . The City Commission approved a work order to Parsons Engineering Science, Inc. on April 4, 2002 for the design and permitting for the Kapok Wetland and Floodplain Restoration Project in the amount of $315,136.00. . That original work order did not anticipate including the permitting of a Sanitary Pump Station that will be located in Cliff Stephens Park. . Additional analysis to determine the extent of clay soils and to revise the grading plan accordingly, design for an additional bridge and modifications to offsite areas will also be required. . Coordination with the City of St. Petersburg related to the design of the St. Petersburg water main has also increased significantly. . The Southwest Florida Water Management District has committed funding in the amount of $3,000,000 in FY 02 and FY03 for design and construction. Total design costs will be reimbursable at the start of construction. . Sufficient budget with grant funding for SWFWMD is available in project 315-96141, Kapok Flood Resolution. . A copy of the work order is available in the Office of Official Records and Legislative Services for review. . Resolution 02-51 was passed on November 21, 2002; establishing the City's intent to reimburse certain project costs incurred with future tax-exempt financing. The projects identified with 2004 revenue bonds as a funding source were included in the project list associated with Resolution 02- 51. . Sufficient budget for interim financing or funding with 2004 Stormwater Revenue Bond proceeds when issued is available in project 357-96141. Kapok Flood Resolution for this purchase. Reviewed by: Legal N/A Info Srvc Originating Dept: 11\\tlJ I Costs: Public Works Adminlstr~tion Tolal (T. Finch) / .~h- · User Dept. (N/A Attachments N/A $97.770.00 Budget . ....... . purChas~/~/ Risk Mymt N/A Public Works DCM/ACM Other . Current FY ! Funding Source: X CI X OP Other Submitted by: 'n"" J J City Manager ~ ~ ~ None . Appropriation Codes: 357 -96141-561200-539.000 h. - V Printed on rocycled paper Kap~~rS~n~A.dP.on. March 31. 2003 ! ., \" \,J i I , . \, PUBLIC \VORKS ADi\lINISTRA TION \\'ORK ORDER INITIATION FORM 0,. . 2JC) l,--~I Date: March 12, 2003 Parsons Project Numbcr: 741901 City Projcct Numbcr': KP-043002 I. PROJECT TITLE: Kapok \Vetland and Floodphlin I~estoration Project: Add-On No.1 2. SCOPE OF SERVICES: . CONSULT ANT shall submit a General Constmction Permit (40D-40 F.A.C.) instead of a Noticed General Permit application (40D-400.485 F.A.C. This application would also include the Pump Station Site for the sanitary main that is bcing developed by another consultant for the City of Clearwater. Parsons will conduct the necessary coordination to incorporate the required data in the permit application. . CONSULTANT shall conduct additional analysis to dctermine the extent of clay soils in the Southwcstern area of the project. Shall rcvise the grading plan to minimize construction cost of clay excavation. . CONSULTANT shall revise the concept of the sanitary scwer design, and investigate different tie- in points and survey info. . CONSULT ANT shall do additional coordination related to the water main design for the City of St Petersburg and provide bid documents for PCCP pipe and DIP. Consultant shall also attend (2) additional site visits tor the water main relocations. 4t CONSULT ANT shall provide design for a second bridge and control structure to be located upstream of the Kapok Wetland and Floodplain Restoration site. Modify grading plan accordingly. . CONSULT ANT shall provide additional design, and modifications as required oft'site of the project area such as the Brigadoon Site. and upstream of Kapok to meet project objectives. Consultant shall also modify the design of the boardwalk as necessary. · Original scope of services identified design etlort tor 36 sheet drawings plans were expanded to include 64 sheets. CONSULT ANT shall provide the additional eflort required to meet the objective of the project as outlined in the 50% submittal. 3. PROJECT GOALS: Wetland rcstoration and floodplain abatement. 4. BUDGET: The budget for this project (as described ADD-On No. I) is ninety seven thousand and seven hundred and seventy dollars ($97.770.00). The total Budget for the Kapok Wetland and Floodplain Restoration City Project Number KP- 043002 is $4 I 2,906.00 Original Purchase Order No. 6990000031794000 for $315.136.00 was issued on April 5, 2002. Expense Code: 5. SCHEDULE: Work to bc completed within 260 days of issuance of Notice to Proceed 6. STAFF ASSIGNMENT: Dikran Kalaydjian, P.E., Engineer of Record - Project Manager 7. CORRESPONDENCE/REPORTING PROCEDURES: All Parsons Correspondence will be directed to Dikran Kalaydjian, P.E. All City of Clearwater Correspondence will be directed to Ms. Teny Finch 8. INVOICE FUNDING PROCEDURES: The budget for the project based on direct cost not to exceed is ninety seven thousand seven hundred and seventy dollars $97.770.00 Invoicing method is every 30 days based on percent complete. City invoicing code # 9. SPECIAL CONSIDERATIONS: The Public Works Department will direct the project. Terry Finch will be the project coordinator for the City of Clearwater. 10. PROJECT COMPLETION REPORT: Final constmction and bid documents will be submitted to the City. PREPARED BY: ~ S. Bijoy Ghosh, P.E. Vice President Parsons Infrastructure & Technology 03-14-03 Date APPROVED BY: ~A~ fL-~6/"o~3 Michael D. Quillen, City Engineer Date City of Clearwater III C 0- ;~ I'll ..... ~e :.ca.. o c == .2 QI~ Q.t:: o 0 u- en ~ ... '-0:: S Qlc I'll a.. ._ :l! 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Q. ;; (5 I- .~ Final Agenda Item # p,-u .~ ,) >r [~-. - / Clearwater Cit\, Commission Agenda Cover ~vlelllorandlll1l Work session Item #: Meeting Date: 5/1/03 SUBJECT/RECOMMENDATION: Ratify and confirm Change Order #1 to Westra Construction Corporation of Palmetto, Florida for the Beach Pump Station Improvements Phase II Contract (99-0074-UT), which increases the contract amount by $300,079.19 for a new total contract amount of $1,025,814.19, [g] and that the appropriate officials be authorized to execute same. SUMMARY: . The City Commission previously approved the contract on June 20.2002 for $725.735.00. . On Sunday, January 5. 2003, a 15" sewer main on Island Way failed causing a large void to form undermining the sidewalk. City crews secured the area and set up a bypass pump to reestablish the sewage flow. . The sewer main that failed carries the flow from the entire south half of Island Estates into Pump Station #20 (located near the entrance to Island Estates). The line is a gravity main. which means the flow cannot be turned off or redirected. . Due to public health, safety and environmental concerns. it was imperative that the repairs were made immediately. . The sewer line failure was adjacent to Pump Station #20. and Westra Construction is currently under contract with the City to reconstruct the pump station. Therefore, the quickest and most cost effective solution was to add the repairs to the existing contract. . Change Order #1 to Purchase Order #0000035536 for $300.079.19 was approved by the City Manager 3/27/03 on an emergency basis, and the work has been completed. The emergency Purchase Order was required so that the City could perform the work in a timely manner in order to prevent sewage overflows and fines from the Florida Department of Environmental Protection. . There is sufficient funding in Sanitary Sewer R&R (343-96665) to fund this project. . A copy of the change order is available in the Official Records and Legislative Services Office for review. Reviewed by: Originating Dept: " Costs: Legal Info Srvc N/A Public Works /)''- L( Total $300,079.19 /::~ . Administration ~, lrl" (I')I,}.:...: Ke" J. O'Brien -- Budget #- Public Works User Dept. Funding Source: Purchasing . -- DCM/ACM Public Utlllties DsN Current FY $300.079.19 CI X Risk Mgml N/A Other Attachments op None Othor Submitted by: City Manager W ~ Printed on recycled paper Appropriation Code: 343.96665.563800.5 ~ 000 Beach Pump Station Improvements Phase II, C.O. #1 final ~I . . . \ :! \~ I 0- ' ! ' ... -,,' " r~.. d-I CHANGE ORDER #1 DATE: ;\'1nrch 26, 2003 PROJECT: Beach Pump Station Improvements Phase 2 (PS#20 & #35 Refurbishment) PROJECT NUMBER: 99-0074- CT PO REFERENCE NO.: 699 32451 CONTRACTOH: Westra Construction Corporation P.O. Box 1149 Palmetto, FL 34220 DATE OF CONTRACT: Iul\' 3. 2002 CODE: 343-96665- 563800-535-000 SCOPE OF CHANGE: THIS CHANGE ORDER ACCEPTS REVISIONS TO THE CONTRACT Lump sum total for additional work not provided L.S. 1 for in the originill contract based on achlill labor and material costs. ~ @ $300,079.19 = 5300,079.19 TOT AL INCREASE = 5300.079.19 STATEMENT OF CONTRACT AMOUNT ACCEPTED BY: ORIGINAL CONTRACT AtvlOUNT CHANGE ORDER #1 NEW CONTRACT AtvlOUNT $725,735.00 $300,079.19 51,025,814.19 lVESTRA CONSTRUCTION CORP. /' '" C I"'t,-,)/t/; /;-r~ (Seal) . A. Mc\'Jhorter y. ").. -; I () ? Brian J. Aungst, Mayor-Commissioner .- 7) ..----...... I )~-/) /l" ;1 ..' ....'-' ,,/ /. Co.. '-Bi.yat~ '. Ruff;"Asst. City Al" (Approvecl as to form) \VITNESSES: ~*tk- ttf~ Alan J Van Eerden A TrEST: 'Y- \h "hVl~ L a -?I-k +- . Deborah A. Flint Cynthia E. Goudeau, City Clerk Date: Ref mendfj;r) / j , Jdt;tr Gm)' A. Joh 150n, CGC Public Sert es Director ., '~A~ ivlichael D. Quillen, r.E. City Engineer CITY OF CLEARWATER, in PINELLAS COUNTY, FLORIDA William I3. I-Iorne II, City Manager lJ9007'ICOtll.R(',Kh PS 20 City Commission doc Clearwater City Commission Agenda Cover !vlemorandulll Work session Item #: I;) tt) /( /J';/ ,. '.; ,....: ,) Final Agenda Item # Meeting Date: 05/01/03 SUBJECT/RECOMMENDATION: Ratify and Confirm the approval of a purchase order with Kearney Development Co., Inc. in the amount of $90,240.00. for construction services as part of the Seville & Sunset Drive Reclaimed Water Project (02-01 03-UT), I:RJ and that the appropriate officials be authorized to ~xecute same, SUMMARY: · Kearney Development Co., Inc. is currently under contract with The Sembler Company, developing the Clearwater Mall Property. The Seville & Sunset Drive Reclaimed Water Project (02-01 03-UT) is scheduled for construction in the year 2004 and will require installation of a reclaimed water transmission main across the property currently under development. This agreement allows for Kearney to furnish and install the portion of the reclaimed water transmission main which crosses the Clearwater Mall Property. · i This work had to be started prior to completion of the parking area serving that portion of the new mall which is scheduled for grand opening in May, 2003. By installing this pipeline now, more costly construction is avoided and restoration costs are reduced. .. Kearney is on-site and considering the time constraints is single-source, therefore this work is deemed impractical to bid. · This work is part of the Seville & Sunset Drive Reclaimed Water system that was included in the Capital Improvements Plan under project No. 343-96739 and was included in the FY2001 utility rate study update. · The amount is based on a proposal received March 20, 2003, a copy of which is available in the Official Records and Legislative Services office. · Sufficient budget and revenue are available in the 02 Water & Sewer Bond Construction Fund project, 343-96739, Reclaimed Water Distribution System, to fund this contract. Reviewed bY:(':"-, "'J ' Legal 1-, /II......, __ Info Srvc -- --- Budget ~ Public Works Purchasing ~ DCM/ACM ~ ,V'" Risk Mgmt N/A Other N/A Originating De~!:'(\ q! PWAlFahey I I User Dept. -N' Public Works Attachments Funding Source: Current FY $90,240.00 CI X OP Other Costs Total 590,240.00 Submitted by: A4,. City Manager ~ ~ L 00 None Appropriation Code: 343-96739-563800-533-000 Printed on recycled paper Seville & Sunset Reclaimed Water Project Rev. 2/98 ~"\. ~~~~~ li::i ",II, a I~.~ c( t~:-~ ~ \.~-= ~ -,'f.4TE9. ~';: ~;;. Clearwater City Commission Agenda Cover rvlemorandum Work session Item:;: _PtD S Final Agenda Item"# ,JC; Meeting Date: 5/1/03 SUBJECT/RECOMMENDATION: Approve the final plat for 'THE MOORINGS TOWNHOMES I" located on Bayway Boulevard North approximately 800 feet East of the intersection of Harnden Drive and Gulfview Boulevard. 00 and that the appropriate officials be authorized to execute same. SUMMARY: . This plat will be a replat of lots 9 and 10 Block A, Bayside Subdivision NO.5. The applicant is proposing to redevelop the property with i 6 Townhomes recently reviewed by the Development Review Committee on 1/21/03 A copy of the plat is available for review in the City Clerk's office. . . Reviewed by: Legal N/A Info Srvc N/A Budget N/A Public Works Purchasing N/A DCM/ACM Risk Mgmt N/A Other N/A Plan. & Dev. :fG Costs Total Current FY Funding Source: CI OP Attachments Location Hap Other Submitted by: City Manager .." ,.n ~ ~ ~"'J&, None Appropriation Code: Printed on recycled paper Plat Moorings Townhomcs I.doc ..1Ii :: : . . ....; . . . J i '-~ , '. ......._ ..t.. I ,() C' d l i () 11 \ Ii t P .1100 rim.[s I 'l ( ) tr'1l1/o IJ] cs Lors l) :l;jd !O H:lrsidt~ BInI. Pif1:l I PI:1 t NORTH ." , ., . [----.....----. '. PROJECT i l ... ~~!~ ~"-:':"::'::::':::":''-.... --::...--.::, ;_'~~'f "1/...:; , 1 ! .. ...J L, .. :.i~ A . a. \" , ;. '" \' j,. :. " .W:i , . l I ,_i \ \ \ \ I . .. !. (' 7., '. . :." I"~ .' I...' .. q /.01 ,..- "1 :; !~: I Ji':' , i 2i"c2; . , ~, , i v i /=>, 1\-'1' ,,,-,..,,\'.,, Ln ~""i, \---. >> \ I~ \ Y ..,/' ~A I "<.,j , '~!f //;.-' / / / /// <) ./ // / / ///' ./// Il,i,f" ''''''~I...", ,.\~'!It.Al'""" nry (IF CI.I-:,\I1I\',\1!-1I. F/.OIIIIl,\ trY '~I '. ~~ {l'-!':"':",~} "[!in J(' \l'Old';S ,\f)'.III\I~TI/"TIOt\ \~1!Jl .t'-!-l !'./>l;It\F1I',r/,;,; ....."".,. ITEM # 30 . . Final Agenda Item # PU,) 6 ~c'l /' / ~~ ~~- ~~~~ 1;;J _,"', . II ~ ~ g ~ --- ~ \~~-~ ~9.~ Clearwater City Commission Agenda Cover lvlemorandulll Work session Item #: Meeting Date: 5/1/03 SUBJECT/RECOMMENDATION: Approve the final plat for "THE MOORINGS TOWNHOMES II" located on Bayway Boulevard North approximately 1400 feet East of the intersection of Harnden Drive and Gulfview Boulevard. ~ and that the appropriate officials be authorized to execute same, SUMMARY: . This plat will be a replat of lots 19 and 20 Block A, Bayside Subdivision No.5. '" - 'J . The applicant is proposing to redevelop the property with ~ 6 Townhomes reviewed by the Development Review Committee on 1/21/03 . A copy of the plat is available for review in the City Clerk's office. Reviewed by: Legal N/A Info Srvc Budget N/A Public Works Purchasing N/A DCM/ACM Risk Mgmt N/A Other Plan. & Dev. Originating Cept: <\) Public Works 'l~' \ Administration (Tom Mahonv) I1tt~ .~~ User Dept. 'f7J N/A N/A Attachments ~ N/A Costs Total Current FY Funding Source: Cl OP Other Submitted by: City Manager "'0, A^ JA. t>UW . 1.N". - o Printed on recycled paper None Appropriation Code: Plat Moorings Townhomes lJ.doc .,: ::~:J ;:......:. ..... ... ..:: ::,. NORTH I" () r. . · ! I' C') t 1 \; . , 1) j \. (" \ \ , (I , . ., . 1 :\IO(}l1i~~S II Town/lomes [ors J 9 iJl7d :!() 13.'1 , :,,'idc' Hkd. f'Yn:JI PI:/f .I',,' ".~'. .-. t..';..A f' .:/ : ,i! I~/ i ~ ;, I . /) ().-~ r c-~ ; i _~..: I ::':".:"J .' :_~~ ~-1 . ~ r-; \ . ~to i Jf "~;:-_ b. t ':':- 'r,*.{ !. (-/ :~; ~./ J2\ I"'" J /:!,.:. -.~ I::!B.::;~~~:. :;'0 'r., t.5O ~ ;~. " ,[ I , .:-~'~ ", ',~~~- ~~~.~, :; Ii t.~ t:(-,. ~ 'il \', '~ \. ';'.1' -.. ~';:,,~ I \ J .' ~~~;~~,-, .<' 1:1 # (( /. '\./ / " /" /' / ,..</., "" ../ .I' // .'-../ 1,,11""', /1~!tEA L"~"~". /J . ~~\ :n ','" ~,..' ~! .~. 'JJ:,' ......_'.., . f\Y/ ...~......~,,:,.I.I I-PROiECT I SITE ....~. .,,' . .... '.....' n_ t7 co [ITY 01-' CU:'\HW:\TFH. 1-'1.0HllJA I'l"HI!(' \ml\l\~\Il\lINISTlnTION U,(;I~;U'JW,(; , . Final Agenda Item # Meeting Date: 7'Jtt) 7 /) , ./ ! ) I Clearwater City Commission Agenda Cover Memorandum Work session Item #: ~ . ,,~ _ -I (/--[ '~) SUBJECT/RECOMMENDATION: Approve a Local Agency Program (LAP) Agreement between the City of Clearwater and the Florida Department of Transportation (FDOT) in the amount of $34 1,960 for installation of signalization and driveways on S, R. 60 at Damascus Road; and approve a work order in the amount of $79,160 to Tampa Bay Engineering, an Engineer-of-Record, for the design of the project, ~ and that the appropriate officials be authorized to execute same, SUMMARY: · This LAP agreement is to provide for the design and installation of the proposed traffic signal at Courtney Campbell Causeway and Damascus Drive/Public Beach. · This agreement provides that the city will design and install the traffic signal with reimbursement from the FOOT for the project features within the S.R. 60 right-of-way, estimated at $276,595. · It also provides that the City is responsible for the cost of project features on the public beach side of the intersection, estimated at $65,365. . The estimated project completion date is November 2003. · A second quarter budget amendment will establish project #925XX S. R. 60/Damascus Road Signal funded in the amount of $276.595 from FOOT; $20,972 to be transferred from Capital Improvement Project 92553, New Signals; and $44,393 to be transferred from Capital Improvement Project 92555, Intersection Improvements. · A copy of the agreement and work order are available for review at the Official Records and Legislative Services office. Reviewed by: Legai ,,--, . '. ", ) t'7 N/A Info Srvc Originating Dept: ,)\.C/J N/A Public Works Adm./Eng. (P. Bertels) ~. }\ ", User Dept. ..-L-.. --..., ~"1/5 (, ../ Risk Mgmt Other Attachments : Costs $341,960 I ; Total I ! Current $341,960 I FY I I Funding Source: CI X Budget Purchasing PulJlic Works DCM/ACM Submitted by: City Manag~ ~ OP Other None n_ '..1 Printed on recycled paper LAP Agreement for signal Appropriation Code: i 315-925XX-561200-541-000 ($79,160) . 315-925XX-563700-541-000 ($262,800) 1 ~~( ~\ r - I ( hJR\l ;~;.OIO.~I) cnS'ilRI'CTJOS ()(jC -. Iln~ I'JI"' I "J II State of Florida Department of Transportation LOCAL AGENCY PROGRAM AGREEMENT FPN: 414837 1 3401 Fund: LF Federal No: N/A Org. Code: N/A FPN: 414837 1 5401 Fund: DS,LF Federal No: N/A Org. Code: 55074010706 County No. 15 (Pinellas) Contract No: Catalog of State Financial Assistance (CSFA) No. 55.008 FLAIR Approp: FLAIR Obj.: N/A FLAIR Approp: FLAIR Obj.: 563011 Vendor No.: 59-6000239001 THIS AGREEMENT, made and entered into this day of ,2003 by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, an agency of the State of Florida, hereinafter called the Department, and the CITY OF CLEARWATER, hereinafter called the Agency. WIT N E SSE T H: WHEREAS, the Agency has the authority to enter into said Agreement and to undertake the project hereinafter described, and the Department has been granted the authority to function adequately in all areas of appropriate jurisdiction including the implementation of an integrated and balanced transportation system and is authorized under Section 334.044, Florida Statutes to enter into this Agreement; NOW, THEREFORE, in consideration of the mutual covenants, promises and representations herein, the parties agree as follows: 1.00 Purpose of Agreement: The purpose of this Agreement is to provide for the Department's participation in the traffic signal installation and driveway construction project on SR 60 (Courtney Campbell Causeway) from east of Damascus Road to west of the Beach Driveway, and as further described in Exhibit "A" attached hereto and by this reference made a part hereof, hereinafter called the project, and to provide Departmental financial assistance to the Agency and state the terms and conditions upon which such assistance will be provided and the understandings as to the manner in which the project will be undertaken and completed. 1.01 Modifications and Additions: Exhibit(s) A, B & R are attached hereto and by this reference made a part hereof. 2.00 Accomplishment of the Project: 2.01 General Requirements: The Agency shall commence, and complete the project as described in EXHIBIT "A" with all practical dispatch, in a sound, economical, and efficient manner, and in accordance with the provisions herein, and all applicable laws. The project will be performed in accordance with all applicable Department procedures, guidelines, manuals, standards, and directives as described in the Department's Local Aqency Proqram Manual, which by this reference is made a part hereof as if fully set forth herein. A full time employee of the Agency, qualified to ensure that the work being pursued is complete, accurate, and consistent with the terms, conditions, and specifications of this Agreement shall be in charge of each project. 2.02 Expiration of Agreement: The Agency agrees to complete the project on or before December 31,2004. If the Agency does not complete the project within this time period, this Agreement will expire on the last day of scheduled completion as provided in this paragraph unless an extension of the time period is requested by the Agency and granted in writing by the DEPARTMENT prior to the expiration of the Agreement. Expiration of this Agreement will be considered termination of the project. The cost of any work performed after the expiration date of the Agreement will not be reimbursed by the Department. 2.03 Pursuant to Federal, State, and Local Law: In the event that any election, referendum, approval, permit, notice, or other proceeding or authorization is requisite under applicable law to enable the Agency to enter into this Agreement or to undertake the project hereunder, or to observe, assume or carry out any of the provisions of the Agreement, the Agency will initiate and consummate, as provided by law, all actions necessary with respect to any such matters so requisite. 2.04 Funds of the Agency: The Agency shall initiate and prosecute to completion all proceedings necessary, including Federal- aid requirements, to enable the Agency to provide the necessary funds for completion of the project. I:OR~\ S~5.010.40 COSSTRLCTION OGC- II.O~ I'.~,:orll 2.05 Submission of Proceedings, Contracts and Other Documents: The Agency shall submit to the Department such data, reports, records, contracts and other documents relating to the project as the Department and the Federal Highway Administration may require. 3.00 Project Cost: 3.01 Total Cost: The estimated total cost of the project is S 341,960 (three hundred, forty one thousand, nine hundred, sixty dollars). This amount is based upon the schedule of funding in Exhibit "B" attached hereto and by this reference made a part hereof. The Agency and the Department agree to share all expenses in excess of the estimated total cost of the project and any deficits involved as noted in Exhibit "A", Project Description and Responsibilities. The schedule of funding may be modified by mutual agreement as provided for in 4.00. 3.02 Department Participation: The Department agrees to participate, including contingencies, in the project cost to the extent provided in Exhibit "B". This amount includes Federal-aid funds which are limited to the actual amount of Federal-aid participation. 3.03 Limits on Department Funds: Project costs eligible for Department participation will be allowed only from the date of this Agreement. It is understood that Department participation in eligible project costs is subject to: a) Legislative approval of the Department's appropriation request in the work program year that the project is scheduled to be committed; b) Availability of funds as stated in paragraphs 3.04 and 3.05 of this Agreement; c) Approval of all plans, specifications, contracts or other obligating documents and all other terms of this Agreement; d) Department approval of the project scope and budget at the time appropriation authority becomes available. 3.04 Appropriation of Funds: The Department's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature. If the Department's funding for this project is in multiple fiscal years, funds approval from the Department's Comptroller must be received each fiscal year prior to costs being incurred. See Exhibit B for funding levels by fiscal year. Project costs utilizing these fiscal year funds are not eligible for reimbursement if incurred prior to funds approval being received. The Department will notify the Agency, in writing, when funds are available. 3.05 Multi-Year Commitment: In the event this Agreement is in excess of $25,000 and has a term for a period of more than one year, the provisions of Section 339.135(6)(a), Florida Statutes, are hereby incorporated: "(a) The department, during any fiscal year, shall not expend money, incur any liability, or enter into any contract which, by its terms, involves the expenditure of money in excess of the amounts budgeted as available for expenditure during such fiscal year. Any contract, verbal or written, made in violation of this subsection is null and void, and no money may be paid on such contract. The department shall require a statement from the comptroller of the Department that funds are available prior to entering into any such contract or other binding commitment of funds. Nothing herein contained shall prevent the making of contracts for periods exceeding 1 year, but any contract so made shall be executory only for the value of the services to be rendered or agreed to be paid for in succeeding fiscal years, and this paragraph shall be incorporated verbatim in all contracts of the Department which are for an amount in excess of $25,000 and which have.atermfor a period.of moreJhan.1 year." 3.06 Notice to Proceed: No cost may be incurred under this contract until the Agency has received a Notice to Proceed from the Department. 3.07 Limits on Federal Participation: Federal-aid funds shall not participate in any cost which is not incurred in conformity with applicable Federal and State law, the regulations in 23 C.F.R. and 49 C.F.R., and policies and procedures prescribed by the Division Administrator of the Federal Highway Administration (FHWA). Federal funds shall not be paid on account of any cost incurred prior to authorization by the FHW A to the Department to proceed with the project or part thereof involving such cost. (23 CFR 1.9 (a). If FHWA or the Department determines that any amount claimed is not eligible, Federal participation may be approved in the amount determined to be adequately supported, the Department shall notify the Agency in writing citing the reasons why items and amounts are not eligible for Federal participation. Where correctable non-compliance with provisions of law or FHW A requirements exists, Federal funds may be withheld until compliance is obtained. Where non- compliance is not correctable, FHW A or the Department may deny participation in parcel or project costs in part or in total. a) Legislative approval of the Department's appropriation request in the work program year that the project is scheduled to be committed; FORM 525.01D.~O CONSTllt:CTlO~ OGC-ll,02 Pago.:! of II 2.05 Submission of Proceedings, Contracts and Other Documents: The Agency shall submit to the Department such data, reports, records, contracts and other documents relating to the project as the Department and the Federal Highway Administration may require. 3.00 Project Cost: 3.01 Total Cost: The estimated total cost of the project is S 341,960 (three hundred, forty one thousand, nine hundred, sixty dollars). This amount is based upon the schedule of funding in Exhibit "B" attached hereto and by this reference made a part hereof. The Agency and the Department agree to share all expenses in excess of the estimated total cost of the project and any deficits involved as noted in Exhibit "A", Project Description and Responsibilities. The schedule of funding may be modified by mutual agreement as provided for in 4.00. 3.02 Department Participation: The Department agrees to participate, including contingencies, in the project cost to the extent provided in Exhibit "B". This amount includes Federal-aid funds which are limited to the actual amount of Federal-aid participation. 3.03 Limits on Department Funds: Project costs eligible for Department participation will be allowed only from the date of this Agreement. It is understood that Department participation in eligible project costs is subject to: b) Availability of funds as stated in paragraphs 3.04 and 3.05 of this Agreement; c) Approval of all plans. specifications, contracts or other obligating documents and all other terms of this Agreement; d) Department approval of the project scope and budget at the time appropriation authority becomes available. 3.04 Appropriation of Funds: The Department's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature. If the Department's funding for this project is in multiple fiscal years, funds approval from the Department's Comptroller must be received each fiscal year prior to costs being incurred. See Exhibit B for funding levels by fiscal year. Project costs utilizing these fiscal year funds are not eligible for reimbursement if incurred prior to funds approval being received. The Department will notify the Agency, in writing, when funds are available. 3.05 Multi-Year Commitment: In the event this Agreement is in excess of S25,OOO and has a term for a period of more than one year, the provisions of Section 339.135(6)(a), Florida Statutes, are hereby incorporated: "(a) The department, during any fiscal year. shall not expend money, incur any liability, or enter into any contract which, by its terms, involves the expenditure of money in excess of the amounts budgeted as available for expenditure during such fiscal year. Any contract, verbal or written, made in violation of this subsection is null and void, and no money may be paid on such contract. The department shall require a statement from the comptroller of the Department that funds are available prior to entering into any such contract or other binding commitment of funds. Nothing herein contained shall prevent the making of contracts for periods exceeding 1 year, but any contract so made shall be executory only for the value of the services to be rendered or agreed to be paid for in succeeding fiscal years, and this paragraph shall be incorporated verbatim in all contracts of the Department which are for an amount in excess of $25,000 and .. whichJm'Le_aJermJoLa.perio~to[moreJhanJ y-ear:~_ _ __ . ____ _ . , . '. ..' _ _ _, . _., _ . _ _. .. . _ 3.06 Notice to Proceed: No cost may be incurred under this contract until the Agency has received a Notice to Proceed from the Department. 3.07 Limits on Federal Participation: Federal-aid funds shall not participate in any cost which is not incurred in conformity with applicable Federal and State law, the regulations in 23 C.F.R. and 49 C.F.R., and policies and procedures prescribed by the Division Administrator of the Federal Highway Administration (FHWA). Federal funds shall not be paid on account of any cost incurred prior to authorization by the FHW A to the Department to proceed with the project or part thereof involving such cost. (23 CFR 1.9 (a). If FHWA or the Department determines that any amount claimed is not eligible. Federal participation may be approved in the amount determined to be adequately supported, the Department shall notify the Agency in writing citing the reasons why items and amounts are not eligible for Federal participation. Where correctable non-compliance with prOVisions of law or FHWA requirements exists, Federal funds may be withheld until compliance is obtained. Where non- compliance is not correctable, FHW A or the Department may deny participation in parcel or project costs in part or in total. FOR.\l'25-010.40 CO:-;STRlICIIOS OGe _. 1102 1'.~t3ofll For any amounts determined to be ineligible for Federal reimbursement for which the Department has advanced payment, the Agency shall promptly reimburse the Department for all such amounts within 90 days of written notice. 4.00 Project Estimate and Disbursement Schedule: Prior to the execution of this Agreement, a project schedule of funding, shall be prepared by the Agency and approved by the Department. The Agency shall maintain said schedule of funding, carry out the project and shall incur obligations against and make disbursements of project funds only in conformity with the latest approved schedule of funding for the project. The schedule of funding may be revised by mutual written agreement between the Department and the Agency. If revised, a copy of the revision should be forwarded to the Department's Comptroller and to the Department's Federal-Aid Program Office. No increase or decrease shall be effective unless it complies with fund participation requirements established in Exhibit ItB" of this Agreement and is approved by the Department's Comptroller. 5.00 Records: 5.01 Establishment and Maintenance of Accounting Records: Records of costs incurred under terms of this Agreement shall be maintained and made available upon request to the Department at all times during the period of this Agreement and for five (5) years after final payment is made. Copies of these documents and records shall be furnished to the Department upon request. Records of costs incurred includes the Agency's general accounting records and the project records, together with supporting documents and records, of the Agency and all subcontractors performing work on the project and all other records of the Agency and subcontractors considered necessary by the Department for a proper audit of costs. If any litigation, claim, or audit is started before the expiration of the five (5) year period, the records shall be retained until all litigation, claims, or audit findings involving the records have been resolved. 5.02 Costs Incurred for the Project: The Agency shall charge to the project account all eligible costs of the project. Costs in excess of the latest approved schedule of funding or attributable to actions which have not received the required approval of the Department shall not be considered eligible costs. 5.03 Documentation of Project Costs: All costs charged to the project, including any approved services contributed by the Agency or others, shall be supported by properly executed payrolls, time records, invoices, contracts or vouchers evidencing in proper detail the nature and propriety of the charges. 5.04 Audit Reports: Recipients of Federal and State funds are to have audits done annually using the following criteria: Federal awards are to be identified using the Catalog of Federal Domestic Assistance (CFDA) titie and number, award number and year, and name of the awarding Federal agency. State awards will be identified using the Catalog of State Financial Assistance (CSFA) title and number, award number and year, and name of the awarding State Agency. In the event that a recipient expends $300,000 or more in Federal awards in its fiscal year, the recipient must have a single or program specific audit conducted in accordance with the United States Office of Management and Budget (OMB) Circular A-133. If a recipient expends less than $300,000 in Federal awards during its fiscal year, an audit conducted in accordance with the OMS Circular A-133 is not required. If a recipient expends less than $300,000 in Federal awards during its fiscal year and elects to have an audit conducted in accordance with OMS Circular A.133, the cost of the audit must be paid from non-Federal funds. Reporting Packages and management letters generated from audits conducted in accordance with OMB Circular A-133 shall be submitted to the awarding FOOT office, by the recipient, within 30 days of receiving it. The aforementioned items are to be received by the appropriate FOOT office no later than 9 months after the end of the recipient's fiscal year. The recipient shall follow up and take corrective action on audit findings. Preparation of a summary schedule of prior year audit findings. including corrective action and current status of the audit finding is required. Current year audit findings require corrective action and status of finding. Records related to unresolved audit findings, appeals, or litigation shall be retained until the action is completed or the dispute is resolved. Access to project records and audit work papers shall be given to the FDOT. the Comptroller. and ttle Office of the Auditor General. The recipient shall submit required audit documentation as follows: A Reporting Package and Data Collection Form for each audit conducted In accordClnce with OMB Circular A-133 shall be teR\1 5~!.OIO.40 Cu'-;SIRl'CrlOS OI,C - 11,()2 I'Jg' 4 "f II sent to: Federal Audit Clearinghouse Bureau of the Census 1201 East 10111 Street Jefferson, IN 47132 5.05 Inspection: The Agency shall permit, and shall require its contractors to permit, the Department's authorized representatives and authorized agents of the Federal Highway Administration to inspect all work, workmanship, materials, payrolls, records and to audit the books, records and accounts pertaining to the financing and development of tile project. The Department reserves the right to unilaterally cancel this Agreement for refusal by the Agency or any contractor, sub- contractor or materials vendor to allow public access to all documents, papers, letters or other material subject to the provisions of Chapter 119, Florida Statutes, and made or received in conjunction with this Agreement. (Section 287.058(1 )(c), Florida Statutes) 5.06 Uniform Relocation Assistance and Real Property Statistical Report: For any project requiring additional right of way, the Agency must submit to the Department an annual report of its real property acquisition and relocation assistance activities on the project. Activities shall be reported on a federal fiscal year basis, from October 1 through September 30. The report must be prepared using the format prescribed in 49 CFR 24, Appendix B and be submitted to the Department no later than October 15 each year. 6.00 Requisitions and Payments: Requests for reimbursement for fees or other compensation for services or expenses incurred shall be submitted in detail sufficient for a proper pre-audit and post-audit thereof. (Section 287.058(1 )(a), Florida Statutes) All recipients of funds from this agreement, including those contracted by the Agency, must submit bills for any travel expenses, when authorized by the terms of this agreement, in accordance with Section 112.061 Florida Statutes and Chapter 3- Travel of the Department's Disbursement Operations Manual, Topic 350-030-400. (Section 287.058(1 )(b), Florida Statutes) If, after project completion, any claim is made by the Department resulting from an audit or for work or services performed pursuant to this Agreement, the Department may offset such amount from payments due for work or services done under any agreement which it has with the Agency owing such amount if, upon demand, payment of the amount is not made within 60 days to the Department. Offsetting any amount pursuant to this section shall not be considered a breach of contract by the Department. 7.00 The Department's Obligations: Subject to other provisions hereof, the Department will honor requests for reimbursement to the Agency in amounts and at times deemed by the Department to be proper to ensure the carrying out of the project and payment of the eligible costs. However, notwithstanding any other provision of this Agreement, the Department may elect by notice in writing not to make a payment if: 7.01 Misrepresentation: The Agency shall have made misrepresentation of a material nature in its application, or any supplement thereto or amendment thereof, or in or with respect to any document of data furnished therewith or pursuant hereto; 7.02 Litigation: There is then pending litigation with respect to the performance by the Agency of any of its duties or obligations which may jeopardize or adversely affect the project, the Agreement or payments to the project; 7.03 Approval by Department: The Agency shall have taken any action pertaining to the project, which under this Agreement, requires the approval of the Department or has made related expenditure or incurred related obligations without having been advised "by the Department that same are approved; 7.04 Conflict of Interests: There has been any violation of the conflict of interest provisions contained herein; or 7.05 Default: Tile Agency has been determined by the Department to be in default under any of the provisions of the Agreement. 7.06 Federal Participation: TIle Department may suspend or terminate payment for that portion of the project which the FHWA, or the Department acting in lieu of the FHWA, may designate as ineligible for Federal-aid. FOR:-'l ::!.010.40 CO:-JSTRL'CTION OGe - 11/02 P 'oe 4 ur II sent to: Federal Audit Clearinghouse Bureau of the Census 1201 East 10th Street Jefferson, IN 47132 5.05 Inspection: The Agency shall permit, and shall require its contractors to permit, the Department's authorized representatives and authorized agents of the Federal Highway Administration to inspect all work, workmanship, materials, payrolls, records and to audit the books, records and accounts pertaining to the financing and development of the project. The Department reserves the right to unilaterally cancel this Agreement for refusal by the Agency or any contractor, sub- contractor or materials vendor to allow public access to all documents, papers, letters or other material subject to the provisions of Chapter 119, Florida Statutes, and made or received in conjunction with this Agreement. (Section 287 .058( 1 )(c), Florida Statutes) 5.06 Uniform Relocation Assistance and Real Property Statistical Report: For any project requiring additional right of way, the Agency must submit to the Department an annual report of its real property acquisition and relocation assistance activities on the project. Activities shall be reported on a federal fiscal year basis, from October 1 through September 30. The report must be prepared using the format prescribed in 49 CFR 24, Appendix B and be submitted to the Department no later than October 15 each year. 6.00 Requisitions and Payments: Requests for reimbursement for fees or other compensation for services or expenses incurred shall be submitted in detail sufficient for a proper pre-audit and post-audit thereof. (Section 287.058(1 )(a), Florida Statutes) All recipients of funds from this agreement, including those contracted by the Agency, must submit bills for any travel expenses, when authorized by the terms of this agreement, in accordance with Section 112.061 Florida Statutes and Chapter 3-Travel of the Department's Disbursement Operations Manual, Topic 350-030-400. (Section 287.058(1 )(b), Florida Statutes) If, after project completion. any claim is made by the Department resulting from an audit or for work or services performed pursuant to this Agreement, the Department may offset such amount from payments due for work or services done under any agreement which it has with the Agency owing such amount if, upon demand, payment of the amount is not made within 60 days to the Department. Offsetting any amount pursuant to this section shall not be considered a breach of contract by the Department. 7.00 The Department's Obligations: Subject to other provisions hereof, the Department will honor requests for reimbursement to the Agency in amounts and at times deemed by the Department to be proper to ensure the carrying out of the project and payment of the eligible costs. However, notwithstanding any other provision of this Agreement, the Department may elect by notice in writing not to make a payment if: 7.01 Misrepresentation: The Agency shall have made misrepresentation of a material nature in its application, or any supplement thereto or amendment thereof, or in or with respect to any document of data furnished therewith or pursuant hereto; 7.02 Litigation: There is then pending litigation with respect to the performance by the Agency of any of its duties or obligations which may jeopardize or adversely affect the project, the Agreement or payments to the project; 7.03 Approval by Department: The Agency shall have taken any action pertaining to the project. which under this Agreement, requires the approval of the Department or has made related expenditure or incurred related obligations without having been advised -by the Department that same are approved; 7.04 Conflict of Interests: There has been any violation of the conflict of interest provisions contained herein; or 7.05 Default: The Agency has been determined by the Department to be in default under any of the provisions of the Agreement. 7.06 Federal Participation: The Department may suspend or terminate payment for that portion of the project which the FHW A, or ttle Department acting in lieu of the FHW A, may designate as ineligible for Federal-aid. FORM 525.() 10--10 CO:-':STlWCTJOS OGC - 11,02 I'JH' 5 of II 7.07 Disallowed Costs: In determining the amount of the payment, the Department will exclude all projects costs incurred by the Agency prior to the effective date of this Agreement or the date of authorization, costs incurred after the expiration of the Agreement, costs which are not provided for in the latest approved sclledule of funding for the project, and costs attributable to goods or services received under a contract or other arrangements which have not been approved in writing by the Department. 7.08 Final Invoices: The Agency must submit the final invoice on the project to the Department within 120 days after the completion of the project. Invoices submitted after the 120 day time period will not be paid. 8.00 Termination or Suspension of Project: 8.01 Termination or Suspension Generally: The Department may, by written notice to the Agency, suspend any or all of its obligations under this Agreement until such time as the event or condition resulting in such suspension has ceased or been corrected, or the Department may terminate this Agreement in whole or in part at any time the interest of the Department requires such termination. If the Department determines that the performance of the Agency is not satisfactory, the Department shall have the option of (a) immediately terminating the Agreement or (b) suspending the Agreement and notifying the Agency of the deficiency with a requirement that the deficiency be corrected within a specified time, otherwise the Agreement will be terminated at the end of such time. Suspension of the contract will not affect the time period for completion of the agreement. If the Department requires termination of the Agreement for reasons other than unsatisfactory performance of the Agency, the Department shall notify the Agency of such termination, with instructions as to the effective date of termination or specify the stage of work at which the Agreement is terminated. If the Agreement is terminated before performance is completed, the Agency shall be paid for the work satisfactorily performed. Payment is to be on the basis of substantiated costs. 8.02 Action Subsequent to Notice of Termination or Suspension. Upon receipt of any final termination or suspension notice under this paragraph, the Agency shall proceed promptly to carry out the actions required therein which may include any or all of the following: (a) necessary action to terminate or suspend, as the case may be, project activities and contracts and such other action as may be required or desirable to keep to the minimum the costs upon the basis of which the financing is to be computed; (b) furnish a statement of the project activities and contracts, and other undertakings the cost of which are otherwise includable as project costs. The termination or suspension shall be carried out in conformity with the latest schedule, plan, and costas approved by the Department or upon the basis of terms and conditions imposed by the Department upon the failure of the Agency to furnish the schedule, plan, and estimate within a reasonable time. The closing out of Federal financial participation in the project shall not constitute a waiver of any claim which the Department may otherwise have arising out of this Agreement. 9.00 Contracts of the Agency: 9.01 Third Party Agreements: Except as otherwise authorized in writing by the Department, the Agency shall not execute any contract or obligate itself in any manner requiring the disbursement of Department funds, including consultant or construction contracts or amendments thereto, with any third party with respect to the project without the written approval of the Department. Failure to obtain such approval shall be sufficient cause for nonpayment by the Department. The Department specifically reserves unto itself the right to review the qualifications of any consultant or contractor and to approve or disapprove the employment of the same. 9.02 Compliance with Consultants' Competitive Negotiation Act: It is understood and agreed by the parties hereto that participation by the Department in a project with an Agency, where said project Involves a consultant contract for engineering, architecture or surveying services, is contingent on the Agency complying in full with provisions of Section 287.055, Florida Statutes, Consultants Competitive Negotiation Act. At the discretion of the Department, the Agency will involve the Department in the Consultant Selection Process for all projects. In all cases, the Agency's Attorney shall certify to the Department that selection has been accomplished in compliance with the Consultants' Competitive Negotiation Act. 10.00 Disadvantaged Business Enterprise (CBE) Polley and Obligation: 10.01 DBE Policy: It is the policy of the Department that disadvantaged business enterprises, as defined in 49 C.F.R. Part 26, as amended, shall have the opportunity to participate in the performance of contracts financed in whole or in part with IOR.\I 5~5.01L>.40 CllSS f1WCTJOS OGe - II O~ I'Jg'lJ of 11 Department funds under this Agreement. TI,e DBE requirements of applicable Federal and State regulations apply to this Agreement. 10.02 DBE Obligation: The Agency and its contractors agree to ensure that Disadvantaged Business Enterprises as defined in applicable Federal and State regulations, have the opportunity to participate in the performance of contracts and this Agreement. In this regard, all recipients and contractors shall take all necessary and reasonable steps in accordance with applicable Federal and State regulations, to ensure that the Disadvantaged Business Enterprises have the opportunity to compete for and perform contracts. The Agency shall not discriminate on the basis of race, color, national origin or sex in the award and performance of Department assisted contracts. 10.03 Disadvantaged Business Enterprise (DBE) Obligations: If Federal Transit Administration or FHWA Funding is a part of this project, the Agency must comply with applicable Federal and State regulations. 11.00 Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion (Applicable to all Federal-aid contracts - 49 CFR 29) By signing and submitting this Agreement, the Agency is providing the certification set out below: The inability of the Agency to provide the certification set out below will not necessarily result in denial of participation in this covered transaction. The Agency shall submit an explanation of why it cannot provide the certification set out below. The certification or explanation will be considered in connection with the Department's determination whether to enter into this transaction. However, failure of the Agency to furnish a certification or an explanation shall disqualify such the Agency from participation in this transaction. The certification in this clause is a material representation of fact upon which reliance was placed when the Department determined to enter into this transaction. If it is later determined that the Agency knowingly rendered an erroneous certification, in addition to other remedies available, Department may terminate this transaction for cause of default. The Agency shall provide immediate written notice to the Department if any time the Agency learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. The terms "covered transaction," "debarred," "suspended," ineligible," "lower tier covered transaction," "participant," "person," primary covered transaction," "principal," "proposal," and "voluntarily excluded," as used in this clause, have the meanings set out in the Definitions and Coverage sections of rules implementing Executive Order 12549. Contact the Department for assistance in obtaining a copy of those regulations. The Agency further agrees by submitting this Agreement that it shall not knowingly enter into any contracts with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the Department. The Agency further agrees by submitting this Agreement that it will include the clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion-Lower Tier Covered Transaction," provided by the Department, without modification, in all contracts and in all solicitations for contracts. The Agency may rely upon a certification of a prospective sub-contractor that the person is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. The Agency may decide the method and frequency by which it determines the eligibility of its sub-contractors. The Agency may, but is not required to, check the non procurement portion of the "Lists of Parties Excluded From Federal Procurement or Nonprocurement Programs" (Nonprocurement List) which is compiled by the General Services Administration. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of the Agency is not required to exceed that which is normally processed by a prudent person in the ordinary course of business dealings. Unless authorized by the Department, if the Agency knowingly enters into a contract with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available, the Department may terminate this transaction for cause or default. Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion: The Agency certifies, by execution of this Agreement, that neither it nor its principals is presently debarred, suspended, FOR.\1525.010-40 COSSTHUCTION OGe - 11/02 l'..ge b or 11 Department funds under this Agreement. The DBE requirements of applicable Federal and State regulations apply to this Agreement. 10.02 DBE Obligation: The Agency and its contractors agree to ensure that Disadvantaged Business Enterprises as defined in applicable Federal and State regulations, have the opportunity to participate in the performance of contracts and this Agreement. In this regard, all recipients and contractors shall take all necessary and reasonable steps in accordance with applicable Federal and State regulations, to ensure that the Disadvantaged Business Enterprises have the opportunity to compete for and perform contracts. The Agency shall not discriminate on the basis of race, color, national origin or sex in the award and performance of Department assisted contracts. 10.03 Disadvantaged Business Enterprise (DBE) Obligations: If Federal Transit Administration or FHWA Funding is a part of this project, the Agency must comply with applicable Federal and State regulations. 11.00 Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion (Applicable to all Federal-aid contracts - 49 CFR 29) By signing and submitting this Agreement, the Agency is providing the certification set out below: The inability of the Agency to provide the certification set out below will not necessarily result in denial of participation in this covered transaction. The Agency shall submit an explanation of why it cannot provide the certification set out below. The certification or explanation will be considered in connection with the Department's determination whether to enter into this transaction. However, failure of the Agency to furnish a certification or an explanation shall disqualify such the Agency from participation in this transaction. The certification in this clause is a material representation of fact upon which reliance was placed when the Department determined to enter into this transaction. If it is later determined that the Agency knowingly rendered an erroneous certification, in addition to other remedies available, Department may terminate this transaction for cause of default. The Agency shall provide immediate written notice to the Department if any time the Agency learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. The terms "covered transaction," "debarred," "suspended," ineligible," "lower tier covered transaction," "participant," "person," primary covered transaction," "principal," "proposal," and "voluntarily excluded," as used in this clause, have the meanings set out in the Definitions and Coverage sections of rules implementing Executive Order 12549. Contact the Department for assistance in obtaining a copy of those regulations. The Agency further agrees by submitting this Agreement that it shall not knowingly enter into any contracts with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the Department. The Agency further agrees by submitting this Agreement that it will include the clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion-Lower Tier Covered Transaction," provided by the Department, without modification, in all contracts and in all solicitations for contracts. The Agency may rely upon a certification of a prospective sub-contractor that the person is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. The Agency may decide the method and frequency by which it determines the eligibility of its sub-contractors. The Agency may, but is not required to, check the nonprocurement portion of the "Lists of Parties Excluded From Federal Procurement or Nonprocurement Programs" (Nonprocurement List) which is compiled by the General Services Administration. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of the Agency is not required to exceed that which is normally processed by a prudent person in the ordinary course of business dealings. Unless authorized by the Department, if the Agency knowingly enters into a contract with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available, tile Department may terminate this transaction for cause or default. Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion: The Agency certifies, by execution of this Agreement, that neither it nor its principals is presenllydebarred, suspended, FOR~.1 5:5.010..\0 COSSTRL'CTION OGe - 11/02 PJ~e 711r II proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. Where the Agency is unable to certify to any of the statements in this certification, an explanation shall be attached to this proposal. 12,00 Restrictions, Prohibitions, Controls, and labor Provisions: 12.01 Equal Employment Opportunity: In connection with the carrying out of any project, the Agency shall not discriminate against any employee or applicant for employment because of race, age, religion, color, sex, national origin, disability or marital status. The Agency will take affirmative action to ensure that applicants are employed and that employees are treated during employment without regard to their race, age, religion, color, gender, national origin, disability or marital status. Such action shall include, but not be limited to, the following: employment upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of payor other forms of compensation; and selection for training, including apprenticeship. The Agency shall insert the foregoing provision modified only to show the particular contractual relationship in all its contracts in connection with the development of operation of the project, except contracts for the standard commercial supplies or raw materials, and shall require all such contractors to insert a similar provision in all subcontracts, except subcontracts for standard commercial supplies or raw materials. When the project involves installation, construction, demolition, removal, site improvement, or similar work, the Agency shall post, in conspicuous places available to employees and applicants for employment for project work, notices to be provided by the Department setting forth the provisions of the nondiscrimination clause. 12.02 Title VI. Civil Rights Act of 1964: The Agency will comply with all the requirements imposed by Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d), the Regulations of the Federal Department of Transportation issued thereunder, and the assurance by the Agency pursuant thereto. The Agency shall include provisions in all contracts with third parties that ensure compliance with Title VI of the Civil Rights Act of 1964, 49 C.F.R., Part 21, and related statutes and regulations. 12.03 Americans with Disabilities Act of 1990 (ADA): The Agency will comply with all the requirements as imposed by the ADA, the regulations of the Federal government issued thereunder, and assurance by the Agency pursuant thereto. 12.04 Public Entity Crime: A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, Florida Statutes for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. 12.05 Discrimination: In accordance with Section 287.134 F .S., an entity or affiliate who has been placed on the Discriminatory Vendor List, kept by the Florida Department of Management Services, may not submit a bid on a contract to provide goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity. 12.06 Prohibited Interests: Neither the Agency nor any of its contractors or their subcontractors shall enter into any contract, subcontract, or arrangement in connection with the project or any property included or planned to be included in the project in which any member, officer or employee of the Agency or the locality during his tenure or for two years thereafter has any interest, direct or indirect. If any such present or former member, officer or employee involuntarily acquires or had acquired prior to the beginning of his tenure any such interest, and if such interest is Immediately disclosed to the Agency, the Agency with prior approval of the Department may waive the prohibition contained in this subsection, provided, that any such present member, officer or employee shall not participate in any action by the Agency or the locality relating to such contract, subcontract, or arrangement. The Agency shall insert in all contracts entered into in connection With the project or any property included or planned to be included in any project, and shall require its contractors to insert in each of their subcontracts, the follO\'{ing provision: FOR\l 525.0 IU.~IJ CO'STlUlCTIO~ OG(' - \ \i02 I'a~c K of II "No member, officer or employee of the Agency or of the locality during his tenure or for two years thereafter shall have any interest, direct or indirect, in this contract or the proceeds thereoL" The provisions of this subsection shall not be applicable to any agreement between the Agency and its fiscal depositories, or to any agreement for utility services the rates for which are fixed or controlled by a Governmental agency. 12.07 Interest of Members of, or Delegates to, Congress: No member or delegate to the Congress of the United States shall be admitted to any share or part of the Agreement or any benefit arising therefrom. 13.00 Miscellaneous Provisions: 13.01 Environmental Regulations: The Agency will be solely responsible for compliance with all applicable environmental regulations and for any liability arising from non-compliance with these regulations and will reimburse the Department for any loss incurred in connection therewith. The Agency will be responsible for securing any applicable permits. 13.02 Department Not Obligated to Third Parties: The Department shall not be obligated or liable hereunder to any party other than the Agency. 13.03 When Rights and Remedies Not Waived: In no event shall the making by the Department of any payment to the Agency constitute or be construed as a waiver by the Department of any breach of covenant or any default which may then exist on the part of the Agency and the making of such payment by the Department, while any such breach or default shall exist, shall in no way impair or prejudice any right or remedy available to the Department with respect to such breach or default. 13.04 How Agreement Is Affected by Provisions Being Held Invalid: If any provision of this Agreement is held invalid, the remainder of this Agreement shall not be affected. In such an instance the remainder would then continue to conform to the terms and requirements of applicable law. 13.05 Bonus or Commission: By execution of the Agreement, the Agency represents that it has not paid and, also, agrees not to pay, any bonus or commission for the purpose of obtaining an approval of its application for the financing hereunder. 13.06 State Law: Nothing in the Agreement shall require the Agency to observe or enforce compliance with any provision thereof, perform any other act or do any other thing in contravention of any applicable State law, provided, that if any of the provisions of the Agreement violate any applicable State law, the Agency will at once notify the Department in writing in order that appropriate changes and modifications may be made by the Department and the Agency to the end that the Agency may proceed as soon as possible with the project. 13.07 Contractual Indemnity: To the extent permitted by law, the Agency shall indemnify, defend, save, and hold harmless the Department and all its officers, agents and employees from any claim, loss, damage, cost, charge or expense arising out of any act, error, omission or negligent act by the Agency, its officers, agents or employees during the performance of the Agreement except that neither the Agency, its officers, agents or its employees will be liable under this paragraph for any claim, loss damage, cost, charge or expense arising out of any act, error, omission or negligent act by the Department or any of its officers, agents or employees during the performance of the Agreement. The parties agree that this clause shall not waive the benefits or provisions of Chapter 768.28, Florida Statutes, or any similar provision of law. When the Department receives a notice of claim for damages that may have been caused by the Agency in the performance of services required under this Agreement, the Department will immediatelyfol'\vard the claim to the Agency. The Agency and the Department will evaluate the claim and report their findings to each other within 14 working days and will jointly discuss options in defending the claim. After reviewing the claim, the Department will determine whether to require the participation of the Agency in the defense of the claim or to require the Agency defend the Department in such claim as described In this section. The Department's failure to promptly notify the Agency of a claim shall not act as a waiver of any right herein to require the participation in or defense of the claim by the Agency. The Department and the Agency will each pay its own expenses for the evaluation, settlement negotiations, and trial, if any. However, If only one party participates in the defense of the claim at trial, that party is responsible for all expenses at trial. 13.08 Plans and Specifications: In the event that this Agreement involves constructing and equipping of facilities on the State Highway System, the Agency shall submit to tile Department for approval all appropriate plans and specifications covering the project. The Department will review all plans and specifications and will issue to the Agency written approval with any approved portions of the project and comments or recommendations covering any remainder of the project deemed appropriate. After FOR~1515.010.~O CO~STRUCTJO:-; aGe - 11/01 Page 8 of II "No member, officer or employee of the Agency or of the locality during his tenure or for two years thereafter shall have any interest, direct or indirect, in this contract or the proceeds thereof." The provisions of this subsection shall not be applicable to any agreement between the Agency and its fiscal depositories, or to any agreement for utility services the rates for which are fixed or controlled by a Governmental agency. 12.07 Interest of Members of, or Delegates to, Congress: No member or delegate to the Congress of the United States shall be admitted to any share or part of the Agreement or any benefit arising therefrom. 13.00 Miscellaneous Provisions: 13.01 Environmental Regulations: The Agency will be solely responsible for compliance with all applicable environmental regulations and for any liability arising from non-compliance with these regulations and will reimburse the Department for any loss incurred in connection therewith. The Agency will be responsible for securing any applicable permits. 13.02 Department Not Obligated to Third Parties: The Department shall not be obligated or liable hereunder to any party other than the Agency. 13.03 When Rights and Remedies Not Waived: In no event shall the making by the Department of any payment to the Agency constitute or be construed as a waiver by the Department of any breach of covenant or any default which may then exist on the part of the Agency and the making of such payment by the Department, while any such breach or default shall exist, shall in no way impair or prejudice any right or remedy available to the Department with respect to such breach or default. 13.04 How Agreement Is Affected by Provisions Being Held Invalid: If any provision of this Agreement is held invalid, the remainder of this Agreement shall not be affected. In such an instance the remainder would then continue to conform to the terms and requirements of applicable law. 13.05 Bonus or Commission: By execution of the Agreement, the Agency represents that it has not paid and, also, agrees not to pay, any bonus or commission for the purpose of obtaining an approval of its application for the financing hereunder. 13.06 State Law: Nothing in the Agreement shall require the Agency to observe or enforce compliance with any provision thereof, perform any other act or do any other thing in contravention of any applicable State law, provided, that if any of the provisions of the Agreement violate any applicable State law, the Agency will at once notify the Department in writing in order that appropriate changes and modifications may be made by the Department and the Agency to the end that the Agency may proceed as soon as possible with the project. 13.07 Contractual Indemnity: To the extent permitted by law, the Agency shall indemnify, defend, save, and hold harmless the Department and all its officers, agents and employees from any claim, loss, damage, cost, charge or expense arising out of any act, error, omission or negligent act by the Agency, its officers, agents or employees during the performance of the Agreement except that neither the Agency, its officers, agents or its employees will be liable under this paragraph for any claim, loss damage, cost, charge or expense arising out of any act, error, omission or negligent act by the Department or any of its officers, agents or employees during the performance of the Agreement. The parties agree that this clause shall not waive the benefits or provisions of Chapter 768.28, Florida Statutes, or any similar provision of law. When the Department receives a notice of claim for damages that may have been caused by the Agency in the performance of services required under this Agreement, the Department will immediately forward the claim to the Agency. The Agency and the Department will evaluate the claim and report their findings to each other within 14 working days and will jointly discuss options in defending the claim. After reviewing the claim, the Department will determine whether to require the participation of the Agency in the defense of the claim or to require the Agency defend the Department in such claim as described in this section. The Department's failure to promptly notify the Agency of a claim shall not act as a waiver of any right herein to require the participation in or defense of the claim by the Agency. The Department and the Agency will each pay its own expenses for the evaluation, settlement negotiations, and trial, if any; However, if only one party participates in the defense of the claim at trial, that party is responsible for all expenses at trial. 13.08 Plans and Specifications: In the event that this Agreement involves constructing and equipping of facilities on the State Highway System, the Agency shall submit to the Department for approval all appropriate plans and specifications covering the project. The Department will review all plans and specifications and will issue to the Agency written approval with any approved portions of the project and comments or recommendations covering any remainder of the project deemed appropriate. After FOR.\! 5:;.01O-~O Cm;STRL'CTIO~ OGe - II :02 PJ.. 9 of II resolution of these comments and recommendations to the Department's satisfaction, the Department will issue to the Agency written approval with said remainder of the project. Failure to obtain this written approval shall be sufficient cause of nonpayment by the Department. 13.09 Right of Way Certification: Upon completion of right of way activities on the project, the Agency must certify compliance with all applicable federal and state requirements. Certification is required prior to advertisement for or solicitation of bids for construction of the project, including those projects for which no right of way is required. 13.10 Agency Certification: The Agency will certify in writing, prior to project closeout, that the project was completed in accordance with applicable plans and specifications, is in place on the Agency facility, that adequate title is in the Agency, and that the project is accepted by the Agency as suitable for the intended purpose. 13.11 Agreement Format: All words used herein in the singular form shall extend to and include the plural. All words used in the plural form shall extend to and include the singular. All words used in any gender shall extend to and include all genders. 13.12 Execution of Agreement: This Agreement may be simultaneously executed in a minimum of two counterparts, each of which so executed shall be deemed to be an original, and such counterparts together shall constitute one in the same instrument. 13.13 Restrictions on Lobbying: Federal: The Agency agrees that no Federally appropriated funds have been paid, or will be paid by or on behalf of the Agency, to any person for influencing or attempting to influence any officer or employee of any Federal agency, a Member of Congress an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment or modification of any Federal contract, grant, loan or cooperative agreement. If any funds other than Federally appropriated funds have been paid by the Agency to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. The Agency shall require that the language of this section be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. State: No funds received pursuant to this contract may be expended for lobbying the Legislature or a State agency. 13.14 Maintenance: The Agency agrees to maintain any project not on the State System. constructed under this Agreement. If the Agency constructs any improvement on Department right-of-way, the Agency will maintain the improvements made for their useful life. 13.15 Vendors Rights: Vendors (in this document identified as Agency) providing goods and services to the Department should be aware of the following time frames. Upon receipt, the Department has five 5 working days to inspect and approve the goods and services unless the bid specifications, purchase order or contract specifies otherwise. The Department has 20 days to deliver a request for payment (voucher) to the Department of Financial Services. The 20 days are measured from the latter of the date the invoice is received or the goods or services are received, inspected. and approved. If a payment is not available within 40 days after receipt of the invoice and receipt, inspection, and approval of goods and services, a separate interest penalty in accordance with Section 215.422(3)(b), Florida Statutes, will be due and payable, in addition to the invoice amount to the Agency. Interest penalties of less than one $1 will not be enforced unless the Agency requests payment. Invoices which have to be returned to an Agency because of Agency preparation errors will result in a delay in the payment. The invoice payment requirements do not start until a properly completed invoice is provided to the Department. A Vendor Ombudsman has been established within the Department of Financial Services. The duties of this individual include acting as an advocate for Agencies who may be experiencing problems in obtaining timely payment(s) from the Department. The Vendor Ombudsman may be contacted at (850}41 0-9724 or by calling tile Department of Financial Services's Hotline. 1- 800-848-3792 FOR~1 ~:!S.oIO..1O C01\STRL'CTION OGC - 11102 P~gc 10 of II IN WITNESS WHEREOF, the parties have caused these presents to be executed the day and year first above written. CITY OF CLEARWATER STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION By: Brian J. Aungst Mayor-Commissioner By: Donald J. Skelton, P.E. Director of Planning/Production Attest: Title: Attest: Title: As to form: As to form: Attorney District Attorney See atlached Encumbrance Form for .date of funding approval by Comptroller. FOR-\! 515.010.40 C01\STRL'CTION OGC - 11/02 PJselOofll IN WITNESS WHEREOF, the parties have caused these presents to be executed the day and year first above written. CITY OF CLEARWATER STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION By: Brian J. Aungst Mayor-Commissioner By: Donald J. Skelton, P.E. Director of Planning/Production Attest: Title: Attest: Title: As to form: As to form: Attorney District Attorney See attached Encumbrance Form for.date of funding approval by Comptroller. I I Countersigned: CITY OFCLEARWATER, FLORIDA By: Brian J. Aungst Mayor-Commissioner William B. Horne, II City Manager Approved as to form: ..-;) ~. .---) / I~'S.. . /., "J I) ..1--/,' ' __~ I....,~c. .,11', /'. 1.......... '" -"'" Bry".an Rutr"'" Assistant City Attorney Attest: Cynthia E. Goudeau City Clerk FORM 525-010-40 CONSTRUCTION OGe - 02/01 FPN. 4148371 34/5401 EXHIBIT A Project Description and Responsibilities This exhibit forms an integral part of that certain Reimbursement Agreement between the State of Florida, Department of Transportation and the City of Clearwater, dated , 2003. PROJECT LOCATION: Pinellas County, Florida The project is not on the National Highway System. The project is on the State Highway System. PROJECT DESCRIPTION: This project includes the design and construction of traffic signal and driveway installations on SR 60/Courtney Campbell Causeway from east of Damascus Road to west of the Beach Driveway. Also includes inner duct to connect to computerized traffic signal at Bayshore Boulevard. SPECIAL CONSIDERATION BY AGENCY: The Agency will provide funding for design costs of the entire project. Agency funds in the amount of $58,188 will be used to cover the FOOT share of project design and will be deducted from the Agency's estimated construction costs. Design plans shall be submitted to the Department for review purposes at 60% and 100% levels of completion. Design plans shall be in accordance with current Department standards and specifications. Variances or exceptions must be approved in writing by the Department. The Agency will not begin the construction phase until the Department has reviewed and approved plans and issued a Notice to Proceed. Construction related activities conducted prior to Notice to Proceed will not be reimbursed. The project does not include ATMS control equipment in the new controller cabinet. Construction cost increases and overruns related to the driveway construction will be provided by the Agency. However, the Department will fund initial cost increases and overruns up to $13,795 to offset the difference between funds provided by the Agency for design on the Department's behalf and the Agency's estimated construction costs. Should the Agency's actual construction costs be less than design funds contributed by the Agency in the Department's behalf, the Department will reimburse the difference to the City once the invoice and documentation of design costs is received. SPECIAL CONSIDERATION BY DEPARTMENT: The Department will provide funding for estimated project construction costs, including inner-connect for the ATMS system. A TMS control equipment and controller cabinets are not included. The Department will provide funding for construction costs of the entire project in the amount of $262,800. This will include the offset of the Agency's design contribution of $58,188 provided on the Department's behalf with $44,393 applied to the Agency's share of construction costs and $ 13,795 being applied to the Agency's construction cost increases and overruns. If cost increases and overruns are less that $13,795, the Department will reimburse the difference to the Agency upon invoice receipt and documentation of design costs. The Department will issue construction Notice to Proceed upon review and approval of final design plans. FORr-.l525-010-40 eONSTRueTION OGC - 02/01 FPN. 414837 1 34/5401 EXHIBIT A Project Description and Responsibilities This exhibit forms an integral part of that certain Reimbursement Agreement between the State of Florida, Department of Transportation and the City of Clearwater, dated , 2003. PROJECT LOCATION: Pine lias County, Florida The project is not on the National Highway System, The project is on the State Highway System. PROJECT DESCRIPTION: This project includes the design and construction of traffic signal and driveway installations on SR 60/Courtney Campbell Causeway from east of Damascus Road to west of the Beach Driveway. Also includes inner duct to connect to computerized traffic signal at Bayshore Boulevard. SPECIAL CONSIDERATION BY AGENCY: The Agency will provide funding for design costs of the entire project. Agency funds in the amount of $58,188 will be used to cover the FDOT share of project design and will be deducted from the Agency's estimated construction costs. Design plans shall be submitted to the Department for review purposes at 60% and 100% levels of completion. Design plans shall be in accordance with current Department standards and specifications. Variances or exceptions must be approved in writing by the Department. The Agency will not begin the construction phase until the Department has reviewed and approved plans and issued a Notice to Proceed. Construction related activities conducted prior to Notice to Proceed will not be reimbursed. The project does not include A TMS control equipment in the new controller cabinet. Construction cost increases and overruns related to the driveway construction will be provided by the Agency. However, the Department will fund initial cost increases and overruns up to 513,795 to offset the difference between funds provided by the Agency for design on the Department's behalf and the Agency's estimated construction costs. Should the Agency's actual construction costs be less than design funds contributed by the Agency in the Department's behalf, the Department will reimburse ttle difference to the City once the invoice and documentation of design costs is received. SPECIAL CONSIDERATION BY DEPARTMENT: The Department will provide funding for estimated project construction costs, including inner-connect for the A TMS system. ATMS control equipment and controller cabinets are not included. The Department will provide funding for construction costs of the entire project in the amount of 5262,800. This will include the offset of the Agency's design contribution of S58, 188 provided on the Department's behalf with 544,393 applied to the Agency's share of construction costs and S13,795 being applied to the Agency's construction cost increases and overruns. If cost increases and overruns are less that 513,795, the Department will reimburse the difference to the Agency upon invoice receipt and documentation of design costs. The Department will issue construction Notice to Proceed upon review and approval of final design plans. FORM 525-010-40 eONSTRUCTION OGe - 02/01 AGENCY NAME & BILLING ADDRESS FPN: 414837 1 34/54 01 City of Clearwater P.O. Box 4748 Clearwater, FL 33758-4748 STATE OF FLORIDA OEPARTVCtlT OF TRMjSP;)IHAJlOl< LOeALAGENCYPROGRAM AGREEMENT EXHIBIT "B" SCHEDULE OF FUNDING PROJECT DESCRIPTION Name SR 60ieourtney Campbell eausoway Traffic Signallnstallalion and Driveway eonstruclion Project_ Length Termini FUNDING (1) (2) (3) TYPE OF WORK By Fiscal Year TOTAL AGENCY STATE & PROJECT FUNDS FUNDS FEDERAL FUNDS P.E. 2002-2003 79.160 79.160 2003-2004 2004-2005 Total PE Cost Rlght-of.Way Cost Construction 2002-2003 2003-2004 262.800 -0- 262.800 2004-2005 2005-2006 Total eontract Costs Construction Engineering and Inspection 2002-2003 2003-2004 2004-2005 Total eonstruction Engineering Total eonstruction Cost ESTIMATED TOTAL COST OF THE $341,960 $79.160 $262,800 PROJECT The Department's fiscal year begins on July 1. For this project, funds arc not projected to be available until after July 1 st each fiscal year. The Department will notify the Agency, in writing, when funds arc available. FORM 525-010-40 CONSTRUCTION OGC - 02/01 EXHIBIT R ADVANCE PROJECT REIMBURSE:\tENT Article 2.02. second and third scntence are deleted and the following substituted: This agreement shall continuc in effect and be binding on all parties until the project is completed, any subsequent litigation is complete and tenninated, final costs are known, and legislatively appropriated reimbursements, if approved, are madc by the Department. Article 7.00. first sentence is deleted and the following substituted: The Department agrees to reimburse the Local Agency in accordance with Section 339.12 of the Florida Statutes an amount not to exceed the total estimated cost specified in Article 3.0 I begirming in the Department's Fiscal Year 2003. If the funding is from the Federal Highway Administration (FHW A), the payment will be n13de in a lump SUIll in the year(s) the project is scheduled in the Department's Work Program as of the date of the agreement. If the FHW A funding is programllled in the Departments Adopted Work Program over a multi-year period, an annual amount equal to the amount programmed will be reimbursed in each of these years. If the project is for resurfacing, is estimated over two million dollars and is state funded, payments will be made in six equal quarterly payments beginning in the year the project was originally programmed. For all other state funded constmction contracts estimated over two million dollars, payments will be made in ten equal quarterly payments beginning in the year the project was originally programmed. All payments will be made in accordance with Section 6.00 of the agreement. If there is a required local match of the non-federal share, the reimbursement will be reduced by the required amount. The Department further agrees to request appropriation of said amounts from the Legislature prior to each fiscal year in question. FORM 525-010-40 CONSTRUCTION OGe - 02/01 EXHIBIT R ADVANCE PROJECT REIMBURSEMENT Article 2.02, second and third sentencc arc deleted and the following substituted: This agreement shall continue in effect and be binding on all parties until the project is completed, any subsequent litigation is complete and tenninated, final costs are known, and legislatively appropriated reimbursements, if approved, arc made by the Departmcnt. Article 7.00, first scntence is delctcd and the following substituted: The Department agrees to reimburse the Local Agency in accordance with Section 339.12 of the Florida Statutes an amount not to exceed the total estimated cost specified in Article 3.0 I beginning in the Department's Fiscal Year 2003. If the funding is from the Federal Highway Administration (FHW A), the payment will be made in a lump sum in the year(s) the project is scheduled in the Department's Work Program as of the date of the agreement. If the FHW A funding is programmed in the Departments Adopted Work Program over a multi-year period, an annual amount equal to the amount progranuned will be reimbursed in each of these years. lfthe project is for resurfacing, is estimated over two million dollars and is state funded, payments will be made in six equal quarterly payments beginning in the year the project was originally progranuned. For all other state funded constmction contracts estimated over two million dollars, payments will be made in ten equal quarterly payments beginning in the year the project was originally programmed. All payments will be made in accordance with Section 6.00 of the agreement. I f there is a required local match of the non-federal share, the reimbursement will be reduced by the required amount. The Department further agrees to request appropriation of said amounts from the Legislatur~ prior to each fiscal year in question. Date: March 19, 2003 TBE Project No. TBE Proposal No. City Project No. CITY OF CLEARWATER ENGINEERING DEPARTMENT TBE WORK ORDER INITIATION FORM 1. PROJECT TITLE SR 60 Improvements at Clearwater Beach and Damascus Road 2. SCOPE OF WORK The City of Clearwater (CITY) proposes to relocate the existing Clearwater Beach driveway accessing SR 60 to improve the operational characteristics for access and egress to the beach and Damaseus Road. The improvements include roadway and traffic signal design and supporting engineering services. The proposed project limits for SR 60 shall extend from approximately 220 feet east of Damascus Road to approximately 100 feet west of Bayshore Boulevard in Pinellas County. The total length of the project is approximately 0.5 miles (2640 linear feet). The project includes, but is not limited to, installing mast arms, running communication fiber optic cable to Bayshore Boulevard, designing access and egress, relocating guardrail and resurfacing the existing facility within a portion of the project limits. The proposed design is based on the approved conceptual plan previously developed by TBE Group, Inc. (TBE). Design services include: o General Tasks o Specifications Package Preparation o Traffic Analysis o Roadway Analysis o HorizontalNertical Master Design Files o Cross Section Design Files o Traffic Control Analysis o Design Report o Computation Book & Quantities o Cost Estimates o Roadway Field Reviews o Driveway Permitting o Roadway Design Plans o Roadway Plans Preparation o Traffic Control Plans o Drainage Analysis o Drainage Design/Documentation o Drainage Field Reviews & Technical Meetings o Environmental Permitting o Permit Preparation o Coordination with SW FWMD o Signing & Pavement Marking Plans & Signalization Plans o Signing & Pavement Marking Plans o Traffic Signal Mast Arm Design C \WINN'IWROFILES\DI3~I\TE~ II'ORARY INTERNET FILES' OLK.IF\D:\~ 1 ASClJS_1 JI'I'" TE ODOr' I'~gc J of ),\ o Miscellaneous Structures :J Geotechnieal Serviee o Utility Coordination o Subsurfaee Utility Location Task 1: General Tasks Specifieations Packaqe Preparation The CONSULTANT shall prepare and provide a complete specifications paekage, including applicable Technical Special Provisions, for all items and areas of work. Task 2: Traffic Analysis TBE (CONSULTANT) shall conduct a brief analysis related to the viability of removing the westbound left turn into the Clearwater Causeway Beach. This entrance currently exists and is also proposed in the concept plan, but at approximately 100 feet west of the existing location. This analysis will be based on traffic data previously conducted as part of the Signal Warrant Analysis. CONSULTANT shall meet with CITY and Florida Department of Transportation (FOOT) staff to discuss the findings. Should the findings bring about a difference in design than that of the concept plan. this will be rectified at the time of the meeting. Task 3: Roadway Analysis Pavement Oesiqn Packaqe CONSULTANT shall utilize the pavement design shown in the latest available plans for State Road 60. HorizontalNertical Master Design Files The CONSULTANT shall design the geometries using the design standards that are most appropriate with proper consideration given to the design traffic volumes, design speed, capacity and levels of service, functional classification, adjacent land use, design consistency and driver expectancy, aestheties, pedestrian and bicycle concerns, ADA requirements, elder road user policy, access management and seope of work. Cross Section Desiqn Files The CONSULTANT shall establish and develop cross section design files in aecordance with the FOOT CADD manual. Traffic Control Analvsis The CONSULTANT shall design a safe and effective Traffic Control Plan to move vehicular and pedestrian traffic during all phases of eonstruction. The design shall inelude construction phasing of roadways ingress and egress to existing property owners and C:WI1':-':'!'I'HOl'lI.ES nB~I'TE:-'1!'ORAI~Y IN1TRNET I'JU:S'()LK.lF n"~lAS('l JS_I 'I'DATED DOC I':J!!C 2 of I ~ businesses, routing, signing and pavement markings, and detour quantity tabulations. Special consideration shall be given to the eonstruetion of the drainage system when developing the eonstruction phases. Positive drainage must be maintained at all times. The design shall include eonstruetion phasing of roadways to aecommodate the construction of utilities when the contraet includes Joint projeet Agreements, (JPAs). The CONSULTANT shall investigate the need for temporary traffic signals, temporary lighting, alternate detour roads, and the use of materials sueh as sheet piling in the analysis. A certified designer who has completed training as required by the DEPARTMENT shall prepare the Traffic Control Plan. Prior to proceeding with the Traffic Control Plan, the CONSULTANT shall meet with the appropriate DEPARTMENT personnel. The purpose of this meeting is to provide information to the CONSULTANT that will better eoordinate the Preliminary and Final Traffic Control Plan efforts. Desiqn Report The CONSULTANT shall prepare all applicable report(s) as listed in the Project Description section of this scope. The CONSULTANT shall submit to the CITY design notes, data, and calculations to document the design conclusions reached during the development of the contraet plans. The design notes, data, and computations shall be recorded on size 8-1/2"x11" sheets, fully titled, numbered, dated, indexed and signed by the designer and the checker. Computer output forms and other oversized sheets shall be folded to 8-1/2"x11" size. The data shall be in a hardback folder for submittal to the CITY. Computation Book & Quantities The CONSULTANT shall prepare the computation book and various summaries of quantities sheets. This includes all efforts required to develop the computation book and the supporting documentation, including construction days when required. Cost Estimate TBE shall prepare an estimate of probable construction costs for the design. TBE shall utilize existing cost data available from the FOOT Construction Contract History. CONSULTANT shall prepare bid quantities that include all bid items, which comprise the project design. Bid items shall include reference to applicable FOOT Measurement and Payment items. Bid proposal sheets to be included in the contract documents shall be prepared by the CITY based on CONSULTANT'S quantities. Preliminary bid quantities shall be submitted with the 90% design review submittal. Final bid quantities shall be submitted with the 100% design review submittal. Preliminary construction cost estimates shall be submitted with the 60% design review submittal. A revised construction cost estimate based on the bid items included with the preliminary bid quantities shall be submitted with the 90% design review submittal. Final construction cost opinion based on the final bid quantities shall be submitted with the 100% design review submittal. Construction costs are to be based on the most current cost. ('. W)l"NT\I')WFILFS\l1n:-'I\TE:-'II'OR:\R Y IN I1:f{~ET FII.F.s'O( ".11'\\),\ \1.\SCllSI 11'11.\\ FP POl' I'J!!t: J PC I.' Roadwav Field Reviews The CONSULTANT will conduet one (1) site review prior to the 60% plans submittal and will conduct one (1) additional site review prior to 100% plans submittal. Drivewav Permittinq The CONSULTANT shall coordinate with FOOT in obtaining driveway permits for the proposed realignment of the existing beaeh driveway as well as the proposed outbound beach driveway at Damascus Road. Task 4: Roadway Plans Preparation CONSULTANT shall prepare roadway construction plans within the project limits. The plans shall include: key sheet; roadway plan and profile sheets; roadway cross-sections, summary of bid items (shall be computer generated spread sheet attached to submittal) maintenance of traffic sheets; and utility adjustment sheets. Roadway plan and profile sheets shall be prepared at a scale of 1 inch = 40 feet on 11" x 17" sheet. The profile portion of the plan and profile sheets shall have a vertical scale of 1 inch = 4 feet on 11" x 17" sheet. Utility adjustment sheets shall be prepared on screened reproducible copies of the plan and profile sheets. Cross seetions will be cut at 100' intervals. Cross sections and half sections for all driveways and side street intersections shall be prepared at a horizontal scale of 1 inch = 20 feet and a vertical scale of 1 inch = 10 feet both based on 11" x 17" sheet. Plans shall be prepared based on the typical section approved by the CITY. Maintenance of Traffic Plans Construction Phasing (Traffic Control Plan) - CONSULTANT shall prepare plans indicating how the contractor is to maintain pedestrian and two-way vehicular traffic on the roadway at all times during construction. The plans shall include the following items: a construction phasing plan for inclusion in the project special conditions contract details of lane closures; features that will provide for maximum safety and limit traffic congestion; and, provisions to maintain continuous access to side streets and adjacent properties. Plans shall be prepared on separate plan sheets at a scale not less than 1 inch = 100 feet on 11" x 17" sheet and made part of the roadway plans. Intermediate plans shall be submitted as part of the 60% design review submittal. Final plans shall be submitted as part of the 90% design review submittal. TASK 5: Drainage Analysis Drainaqe Desiqn/Documentation Data Collection - CONSULTANT shall review all existing roadway plans to determine current drainage patterns and systems. The proposed construction will modify existing structures as practical and require minimal drainage modifications. Wetland Jurisdictional limits Determination - Not applicable Drainage Plans - The drainage design stlall have the following features: is consistent with requirements of FDEP, SWFWMD, USACOE, and FOOT. Pinellas County and any other regulatory agencies which have jurisdiction over the project; is eonsistent with (".wI~Nl'I'ROFlLES\DB:-'I'TD1POR'\RY rSTERNFT 1'1: .:os OLK.II'\I1:\;>.t:\S( 'liS .1'1'11.\ 1 I'll 110(' p" i~c.1 or 1.1 Drainaqe Field Review & Technical Meetinqs requirements of CITY Stormwater Management Technical Manual; utilizes existing facilities where possible; is cost effective; does not create flooding problems upstream or downstream; provides for safety of roadway users; and, is consistent with work being performed by other municipalities, regulatory agencies and private developments in the area. CONSULTANT is responsible for determining and coordinating with projects or work being performed in the area. The CONSULTANT shall conduet one (1) drainage field review and attend one (1) technieal meeting regarding drainage. TASK 6: Permitting The CONSULTANT shall obtain a letter of exception from environmental permitting. In the event that stormwater treatment, attenuation, wetland mitigation, etc. is required to file ERP application with SWFWMD, a supplemental agreement will be negotiated with the CITY. TASK 7: Signing & Pavement Marking Plans & Signalization Plans Siqninq & Pavement Markinq Plans Analysis: The CONSULTANT shall analyze and doeument Signing and Pavement Markings Tasks in accordance with all applicable manuals, guidelines, standards, handbooks, procedures, and eurrent design memorandums. . Reference and Master Design File - The CONSULTANT shall prepare the Signing & Marking Design file to include all necessary design elements and all associated reference files. . Multi-Post Sign Support Calculations - The CONSULTANT shall determine the appropriate column size from the DEPARTMENT's Multi-Post Sign Program(s). . Sign Panel Design Analysis - Establish sign layout, letter size and series for non- standard signs. . Quantities - The CONSULTANT shall provide quantity take off for the project at phases III, IV and Final for the signing and pavement-marking component of the entire project. Plans: The CONSULTANT shall prepare a set of Signing and Pavement Marking Plans that will be included in the Signalization Plans. These plans will be in accordance with the Plans Preparation Manual that includes the following: . Tabulation of Quantities - The CONSULTANT shall include all project quantities in the tabulation of quantities sheets and provide updating of the tabulation of quantities sheets. · General Notes/Pay Item Notes - The CONSULTANT shall include all pertinent general notes and pay item notes as deemed fit and as established by the Distriet Traffic Design Engineer's office. (':wrs:-J'rl'l{()FIII'S\I>Il~f\'II'~ll'nH,\RY IYfl'HNFr I'll FSIOf K.JFP'\'L\S('I'S {:I'D\HJlI>(l(' I',I'~C "of 1,1 . Plan Sheet - The CONSULTANT shall prepare the Signing & Marking plan sheets utilizing the Design file to include all necessary information related to the project design elements and all associated reference files. . Guide Sign Work Sheet(s) - The CONSULTANT shall prepare the guide sign work sheets in accordance with the Plans Preparation Manual and sign panel design analysis efforts. Siqnalization Plans FOOT Standard Specifications shall b~ used for the project. CONSULTANT shall prepare the special conditions section of the specifications as required by the design. CITY DESIGNEE shall provide a typical outline of the special conditions to the CONSULTANT. The special conditions shall inelude specifications pertaining to project specific details and special construction methods or sequencing that may be required to construct the project. Special conditions shall be prepared and submitted electronically which can be inserted directly into the CITY'S specifications. Once complete the consultant shall be the engineer of record for all of the specifications (i.e. must accept as their own). TBE shall prepare Signalization Plans for the following intersections: 1. Courtney Campbell Parkway (SR 60) at Damascus Road / Beach Exit 2. Courtney Campbell Parkway (SR 60) at Beach Entrance TBE shall prepare contract plan sheets, notes and details to include the following: 1. Key Sheet 2. Tabulation of Quantities 3. General Note Sheet 4. Plan Sheets A separate signalization plan shall be prepared for each location where signalization has been recommended. Interim plan submittals shall be on standard prepared to 40 scale (1 inch equals 40 feet) on 11" x 17" sheet. Plot proposed topography (existing where applicable). Show right-of-way. Show existing/proposed utilities where there is a potential conflict with signal installation components. Show elevations at each signal pole site and highest point of intersection. Station and offset of mast arm installations. Mast arm structure mounted signs including street name signs and any regulatory signs. Show all installation components labeled with pay item number and quantity (where quantities are greater or less than 1). Include signal head details, controller operations notes, controller timing chart and loop/detector chart. If a special signal operation plan is used, it shall be detailed on the signal plan including any preemption phases. Local Signal Timing parameters shall be determined as necessary to complete the Controller Timing Chart. Yellow and all-red clearance intervals shall be calculated based the posted speed limit. Pedestrian walk and clearance intervals shall be calculated if a pedestrian crosswalk is determined necessary by the CITY and FOOT. Clearance timing calculations shall be based on FOOT Traffic Engineering Manual criteria. Signing and Pavement Marking plan sheets shall be included in the Signalization Plans. CONSULTANT shall prepare signing and pavement marking plans that are consistent with the roadway and signalization design. The plan sheets shall have a CWINNT\I'ROfILES\I>BM\TEMI'ORA RY INTERNET FILES\OLK4F\DAMASCl JS.lJPJlA HI) DOC Page" of 14 scale of 1" = 40' on 11" x 17" sheets. The signing and pavement limits shall mateh the roadway limits determined by the CITY. 5. Strueture Sheets The mast arm structural detail sheets shall be on a standard FOOT format. The mast arm struetural details shall be of sufficient detail to fabricate said mast arm and foundation structure. The sheets shall include a signal struetures variables sheet indicating each variables dimension relative to its associated strueture detail sheet, mast arm assemblies based on new interim standards Index 017745 and Instructions and Examples for Designers and Fabricators of Standard Mast Arm "B" Assemblies Interim Standard Index 0 17741 . 6. Mast Arm Detail and Schedule The mast arm detail and schedule shall be on a standard FOOT plan format. The mast arm detail and schedule shall include a tabulation of all arm lengths including signs (both regulatory and street name), signal head locations, mast arm mounting height, paint color and pole height. 7. Sign Detail Sheet The mast arm mounted overhead street name sign face, with complete message layout with legend spacing (vertical and horizontal), margins, border widths, panel length, corner radii, legend/background colors shall be shown on a standard guide sign worksheet. 8. InterconnecUCommunication Plan Sheet Signalized intersections shall be interconnected via fiber optic cable and shall be incorporated into an existing computerized traffic system. The interconnect fiber optic cable shall run from the proposed controller cabinet to the controller cabinet located at the intersection of SR 60 and Sayshore Boulevard. The InterconnecU Communication plan shall be 100 scale (1 inch equals 100 feet) on 11" x 17" sheet. Interconnect plan sheets shall include but not limited to the placement of the cable, either underground or aerial, fiber optic pull boxes, pay items and quantities. 9. Detail Sheet This sheet shall contain any miscellaneous details Le. fiber optic pull box detail. 10. Soil Boring Logs 11. Field Reviews One field review is anticipated to field verify proposed mast arm locations. TASK 8. Geotechnical Services CONSULTANT shall provide the geotechnical investigations and laboratory testing required to evaluate the project's subsurface conditions. Results of the geotechnical investigation shall be utilized for the design of the roadway, signals and stormwater systems in aecordance with the environmental regulatory ageneies requirements. The work shall include a pavement core and eight (8) soil borings (four (4) for roadway & four (4) for signalization). Core boring sheets shall be provided and included in the project's plan set. (' ',\'INN J'I'IWFIII'S Jlll~l\(DII'()K:\HY I:-lTFR.'.:FT FILFS'OJ.KJF Jl;\~l;\S(,{ '''.1'1'1),\ 'I'D pc.c 1';Jg" 7 ,.f I-I TASK 9. Structures I Traffic Signal Mast Arm Design The mast arms shall be determined by seleeting from five standard FOOT Mast Arm designs (Interim Standard Index 017741). The CONSULTANT shall choose the appropriate design and make adjustments, if necessary. to truncating the arm and/or the upright. The CONSULTANT shall Quality Check the selections to verify that the mast arm design will not fail with the proposed loading. If necessary, a special design shall be used if all five designs do not meet the design requirements. The calculations for the speeial design shall be accompany the Signalization Plan submittals. TASK 10. Utility Coordination Utility Coordination - CITY is responsible for coordinating its design work with the public and private utility agencies and companies having existing and/or planned facilities within the limits of the project. Prior to the 60% complete design phase, the CITY shall notify by way of letter sent certified mail, all public and private utilities that may have utilities within the project limits. Notification shall include a description of the project and an outline of the design schedule. Two sets of complete design drawings are to accompany the letter, one set to be returned to the CITY with plot of existing utilities, the second set to assist the utility in initiating utilities relocation design. CITY shall provide the utility agencies and companies' two sets of plans at the 60% and 100% complete design phases, as drafted by the CONSULTANT. At the 60% complete design phase, the utility agencies and companies will be instructed to return one set of plans to the CITY showing their utilities relocation, adjustment and new facilities designs, and existing utilities to remain. CITY'S utility coordination responsibilities shall continue throughout the design process to assist with resolving utilities conflicts. Utility Adjustment Plans - CONSULTANT shall prepare utility adjustment plans to show existing public and private utilities to remain, detailed design of utilities to be relocated and utilities to be removed. Utility adjustment plans shall be prepared on screened reproducible copies of the roadway plan and profile sheets and shall be made part of the roadway plans. The 60% design review submittal shall include all existing utilities drawn on the utility adjustment plans, cross section and drainage structure sheets and signalization plans. CONSULTANT is to identify all potential conflicts based on the information provided by the utility agencies and companies and horizontal and vertical field investigations. The 100% design review submittal shall include final utility adjustment plans that reflect the final disposition of all public and private utilities. Any subsequent utilities confliets are to be resolved and all final design revisions complete, at the final design submittal. Utility Coordination Meetings - CONSULTANT shall attend utility coordination meetings to be held within eighteen days of the 60% and 100% design review submittals. CITY DESIGNEE shall be responsible for organizing these meetings. CITY shall prepare detailed meeting minutes and distribute to all attendees. Utilitv Coordination Services Representation at the meeting should consist of all Utility Companies/Agencies, projeet Manager, and support services as necessary. The CITY will moderate the meeting and discuss the projects design with particular emphasis on drainage, maintenanee of traffic and traffic signalization. Additional discussion on'speeial construetion activities, projeet (' WINNTI'ROFII,ES\DBJ\I\TEMf'ORARY INTI'RNET I'll F' 01 K.IF'P:\J\L\Sl'tlS .l'1'[1.\ lED (lOl' I'a~cx\\r I.t seheduling, and agreement options available, shall be addressed. Based on commitments made at the Utility Pre-Design Meeting, the CITY shall prepare and distribute minutes and recommended course of action to accomplistl eaeh item to each utility located on the project. Utility Coordination Meetinq (Phase II) - The CITY shall prepare a formal letter issuing two (2) sets of preliminary plans as outlined in the engineering seope. The CITY will moderate the meeting and discuss alternate relocation sehemes, design modifications, and scheduling of eonstruction activities, with particular emphasis on drainage design, maintenanee of traffic, signalization, and highway lighting with each Utility Company/Agency. The CONSULTANT will determine areas of apparent potential conflict and schedule subsurface utility excavation to confirm whether or not a eonflict exists and degree of eonflict. A report itemizing utility conflicts by company, shall be prepared by the CONSULTANT, and mailed to each utility located on the project. Four to six weeks, on an average, shall be allowed the Utility to respond with their color- coded plans submittal. Schedulinq of Activities- The CITY'S Engineer will establish appropriate deadlines for each phase or activity on an individual project basis. The CONSULTANT shall be responsible for completing each phase or activity within the established time frames. The CITY will schedule individual or group meetings, field reviews and/or office visits as necessary to meet established dates. Review of Work- A written report will be submitted to the CITY'S Engineer or designee on projects assigned to the CONSULTANT. Each report shall include the Work Program Item Number, State Project Number, State Road Number. FAP Number, County Name, type of contact to each Utility, status of each Utility, and date each phase or aetivity is expected to be finished. Final AQreements to Utilities (Phase 111)- The CITY shall transmit the necessary legal drafts, plans, and documents to each Utility Company/Agency as required. One complete set of plans (all component sets) and one partial set of plans (Key Sheet, Typical Section, and Plan and Profile Sheets) shall be furnished to eaeh involved utility agency. The partial plan set will be color coded by the utility company showing proposed relocation and returned to be transmitted per the CITY'S Engineer or designee. Review and Acceptance- The CONSULTANT shall be responsible for making all necessary reviews and acceptance of utility related materials. The CONSULTANT will be responsible for signing Utility Relocation Schedules. Certification- The CITY shall certify the following: All utility negotiations (Full execution of each agreement, approved Utility Relocation Sehedules, technical special provisions written, etc.) have been completed with arrangements made for utility work to be undertaken and eOlllpleted as required for proper coordination with the physical construction schedule. OR An on-site inspeetion was made and no utility relocation work will be involved. (' .WINN'I'I'ROFIJ ES\f)Il~l\TF~II'ORj\R Y I~TER~;E r FILFS'OI K':F\[1Al\!ASn !~_ \:1' ()ATFI1,!)(1(' I'a~c ') of 1.: . OR Plans were sent to the Utility Companies/Agencies and no relocations/adjustments are required. TASK 11: Subsurface Utility Coordination CONSULTANT shall check for conflicts with underground utilities and the proposed plaeement of the mast arms during the early design stage. This procedure shall reduce a ehance for mast arm location adjustments when utility mark up sheets are returned to the CONSULTANT from the utility companies. EXCLUSIONS Specifically excluded from this scope of services are the following: Typical Section Package, Drainage Maps, Summary of Drainage Structures, Drainage Structure Sheets, Stormwater facilities detail sheets, mitigation detail sheets 3. FEE Compensation shall be made on a lump sum fee basis. PROJECT FEE: Task '1 Task 2 Task 3 Task 4 Task 5 Task 6 Task 7 Task 8 Task 9 Task 10 Task 11 General Tasks Traffic Analysis Roadway Analysis Roadway Design Plans Drainage Analysis Environmental Permits S&PM and Signalization Plans Geotechnical Service Structures / Traffic Signal Mast Arm Design Utility Coordination Subsurface Utility Location $ 5,600.00 $ 1,400.00 $ 19,178.08 $ 5,982.39 $ 400.00 $ 2,000.00 $ 24,000.00 $ 9,000.00 $ 4,700.00 $ 4,300.00 $ 4,000.00 $ 80,560.47 The lump sum fee amount shall not exceed $80,560.47 without additional written authorization. 4. SCHEDULE The conceptual plan and preliminary design and construction cost estimates will be provided to the CITY within three weeks from Notice to Proceed. CONSULTANT'S services shall commence upon receipt of written notice to proceed issued by CITY. CONSULTANT shall complete the final design in accordance with the following or better project schedule: C:WINNT\I'ROFILES\OBM\TEMPORAR Y INTERNET FII.ES\OLK.$I'\DAMASCl 'S.. \ )I'DATED IX>C Page IOnt" lot Milestone 60% Complete Plans Submittal Due Date After Notice to Proceed 60 Calendar Days 15 day review PROJECT SCHEDULE 100% Complete Plans Submittal 120 Calendar Days 15 day review Final Plans Submittal 150 Calendar Days CITY design review period is fifteen calendar days from the date of each milestone submittal. If CONSULTANT does not receive CITY design review comments within the thirty calendar day review periods established in this AGREEMENT, CONSULTANT'S schedule time shall be extended accordingly. Any other delays beyond CONSULTANT'S control shall be documented in writing by CONSULTANT and submitted to CITY for consideration to grant a schedule time extension. Roadway and Signalization, Signing and Pavement Marking Plans design reviews shall occur at the 60% and 100% complete phases. CONSULTANT shall submit a draft of the special conditions with the 60% design review submittal and final versions at the 100% design review submittal. Bid quantities and construction cost estimate shall be submitted. The requirements for eaeh design review shall be as specified in the CITY'S, wChecklists for Design Review Submittals". CONSULTANT shall continue its design work during the review periods. CONSULTANT shall respond to the CITY'S design review comments in writing and by making corresponding revisions to the plans. Written responses and plans revisions are to be included with the next design review submittal. CONSULTANT shall respond to regulatory agencies review comments in the same manner. Design revisions are to be completed by CONSULTANT at no additional time and/or cost unless the revisions result from CITY making changes to the horizontal or vertical alignment of the roadway, relocating a previously approved mitigation area or stormwater detention/retention pond, or other changes or similar impact to the project design. In such eases, CITY shall evaluate the CONSULTANT'S request for additional time and/or compensation. CITY may require CONSULTANT to make plans revisions and resubmit the plans at the same phase of completion if it is found that the plans do not meet the requirements of the "Checklist for Review Submittals." No additional time shall be allotted to the CONSULTANT'S schedule if a resubmittal is required. 5. PLAN PREPARATION AND DElIVERABLES CONSULTANT shall prepare the design, plans and specifications in accordance with the current editions of the following: AASHTO design standards; FHWA Manual on Uniform Traffic Control Devices and Bridge Teehnical Manual; FDOT Standard Specifications for Road and Bridge Construction; FOOT Drainage Manual; FOOT Manual on Traffie Control and Safe Practices; and, FOOT Uniform Minimum Standards for Design, Construction and Maintenance for Streets and Highways. In case of conflicts between criteria stated in the aforementioned documents, CONSULTANT shall contact CITY DESIGNEE for direction. If it becomes necessary for CONSULTANT to deviate from the standard design criteria specified in the documents, the CONSULTANT shall advise CITY DESIGNEE in writing, stating the reasons for the deviations. C:,\\'I:;~n'I'IWF1LES\])B~I\TE~II'()H"H Y INIVHNI'T I. I I.FS'()IK.1 F n.\~I"S( 'l'S I 'PIMTFn ()Pl' ",we II "I' J.l CITY'S Standard Specifications shall also be used for the project. CONSULTANT shall prepare the speeial eonditions section of the specifications as required by the design. CITY DESIGNEE shall provide a typical outline of the special conditions to the CONSUL TANT. The special eonditions shall include specifications pertaining to project specific details and special eonstruction methods or sequencing that may be required to construct the project. Special conditions shall be prepared and submitted electronieally which can be inserted directly into the CITY'S specifications. Once eomplete the consultant shall be the engineer of record for all of the specifications (Le. must accept as their own). All plan set submittals, not ineluding final submittal, shall be on 11" x 17" sheets. There will be 1 0 copies of the Roadway Plan Set and 1 0 copies of the Signalization. Signing & Pavement Marking Plan sets for each submittal. The final submittal shall be signed and sealed on 24" x 36" sheets. The CITY shall reeeive the two plan sets in electronic format on a CD with the final hard copy submittal. The electronic files will be AutoCAD format as requested by the CITY.. 6. TBE STAFF ASSIGNMENTS Project Manager - Richard F. Ranck, PE 813-221-0048, ext 209 7. CORRESPONDENCE/REPORTING PROCEDURES Correspondence shall be sent to Paul Bertels 8. INVOICING/FUNDING PROCEDURES Payment will be made on a lump sum basis with monthly progress payments made based on the consultant's estimate of the percentage of the work completed. CITY Invoicing Code: 9. MEETINGS Notice to Proceed Meeting The CONSULTANT shall meet with certain CITY personnel within 15 days following receipt of the Notice to Proceed. The participants in this meeting will include all disciplines requested by the Project Manager, including the property appraiser to be utilized by the CONSUL TANT. The purpose of this introduetory meeting is three-fold: The CITY will render all relevant information in its possession or inform CONSULTANT where to obtain such information. This may include previous correspondence, traffic figures, planning information, and existing right-of-way and utility information. (' WINN 1'I'f(OHLI,S'PB\I'. II' \II'ORARY 1;<'; n;R:-;ET F1I.ES\1lIK.1F' nAMASC\lS ('I'DATI;!) !Joc I'age 12 of 14 The CITY will establish any proeedures by which the plans preparation proeess will be eondueted. The CITY will explain the financial administration of the contract. Initiate Advance Notifieation Governmental agencies and all public utilities with a possible interest in the projeet's planning must be notified at the beginning of the study proeess. The CONSULTANT shall prepare an announcement in the form of an Advanced Notifieation Letter. Upon the CITY'S approval, the CONSULTANT shall distribute the notification. Progress Meeting Two progress meetings are anticipated. Progress meetings may include field visits to address coordination and design issues. 10.SPECIAL CONSIDERATIONS CITY will make available to CONSULTANT all information available in CITY files pertaining to the project. CITY does not guarantee the accuracy of information in its possession. CONSULTANT shall be responsible for the prudent application of the information provided and shall be responsible for checking and verifying the accuraey of all information prior to its use. 11. PROJECT COMPLETION REPORT None required. 12. ADDITIONAL SERVICES CITY may have a need for one or more of the additional services listed below which are not included elsewhere in this AGREEMENT. At CITY'S option and when requested in writing, CONSULTANT shall furnish the following services through Supplemental AGREEMENT(s): · Expert witness in litigation that may occur as result of design or construction of the project · Preparation of documentation required by regulatory agencies having jurisdiction over the project over and above that normally required by this AGREEMENT. · Preparation of Contract Documents for ehanges in scope to the project. whieh occur during progress of the work. . Level II Environmental Assessment(s) not included in this AGREEMENT. . Aerial maps with contours. C V.I~;~; r I'll I IFIlI'S\()n~l\ lT~ll'nf{:\H y I~n I'HSFT I'll ES\()f K.lJ'iIlAM AS! TS,I 11'11,\ II 1\ r)( H' l'il!!L' 1\ Ilf 1,1 . Other serviees that may be required but are not included elsewhere in this AGREEMENT. 13. ENGINEER CERTIFICATION I hereby certify as a licensed Professional Engineer, registered in accordanee with Florida Statute 471 (481), that the above project's deliverables will meet all applicable criteria specified by City municipal ordinance and State and Federal established standards. I understand that it is my responsibility as the project's Professional Engineer to perform a quality assurance review of the deliverables to assure that, to the extent practical, they are free from errors and omissions. -- ~-_.__.., // ). TBEI/; --G Z;.o ~ C:>Rich rd T. Doyle, PE, AICP/ Executive Vice President Date: ...:.-V / ~)j 03 / / PREPARED BY: ) _. CITY /1?~ .~ Mike Quillen, PE City Enginee1, ~ Date c.r / -~ c:\ WIJI.'NT\PROFI LE.';\DOM\ TE~ II'ORAR Y INTERNET FI LESIO I.K~ F' DAMASn)S __I J1'I1ATI ~n,[)OC Page'" of '" ~~.l~.... ~~~~ <::i ' ' .. ~~, < ~ "--":'. ~ ~'J';~~ ~ ~JfA TE9. <.c~ -...;.:".:;;';' Clearwater City Commission Agenda Covcr rvlcmorandu111 Worksession Item #: l()/HSb I Final Agenda Item # /1....j .....; ,I .', " r'.'1eeting Date: May 1,2003 SUBJECT/RECOMMENDATION: Adopt Resolution 03-22 regarding the Community Redevelopment Ageney to refleet language required by Resolution 02-287 as adopted by the Board of County Commissioners of Pinellas County on Oetober 29, 2002. r;] and that the appropriate officials be authorized to execute same, SUMMARY: . In accordance with Section 163.335 and Section 163.340, Florida Statutes, Chapter 163, Part III (1969 as amended), a Findings and Declaration of Necessity study was conducted regarding the conditions in that part of the City of Clearwater known and referred to as the "Gateway" CRA Expansion Area. . The results of that study were presented to the City Commission for its consideration and included in the public record. . After having considered the study's determinations and the facts and evidenee of conditions in the Expansion Area and having received and eonsidered such other evidence of the conditions in the Expansion Area as have been presented to it, the City of Clearwater on August 8. 2002, adopted Resolution No. 02-41, which made certain findings regarding the Expansion Area. . On October 29, 2002, the Pinellas County Board of County Commissioners adopted Resolution No. 02-287, which delegated to the Clearwater City Commission the power to deelare itself Community Redevelopment Agency for the expansion area and to prepare a redevelopment plan for the expansion area, and required the City Commission to make certain findings which were not specifieally made in Resolution No. 02-41. Risk Mgmt N/A Other Originating Dept.: ....t1.~c N/A Economic Developmelll 'f 0 NLA-. ~r Dept.: ~ Economic Developmen~ N)A Attachments Res. 03.22 Costs Totf'll -0- Reviewed by: Lega'M Budget N/A Purchasing N/A Info Srvc Public Works DCM/ACM Current FY Funding Source: CI OP Other Submitted by: -n -A I AI.. . City Manager ~ V~ o None Appropriation Code: RESOLUTION NO, 03-22 A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA, RELATING TO COMMUNITY REDEVELOPMENT; MAKING CERTAIN FINDINGS PURSUANT TO SECTION 163.355, FLORIDA STATUTES; AUTHORIZING THE EXISTING COMMUNITY REDEVELOPMENT AGENCY TO ADMINISTER THE EXPANDED COMMUNITY REDEVELOPMENT AREA; PROVIDING AN EFFECTIVE DATE, WHEREAS, in aceordance with Section 163.335 and Seetion 163.340, Florida Statutes, Chapter 163, Part III (1969 as amended), a Findings and Declaration of Necessity study was conducted regarding the conditions in that part of the City of Clearwater known and referred to as the "Gateway" CRA Expansion Area, as more particularly described on Exhibit "A" hereof (sueh area being referred to herein as the "Expansion Area"); and WHEREAS, the results of that study were presented to the City Commission for its eonsideration and included in the public record; and WHEREAS, after having considered the study's determinations and the facts and evidence of eonditions in the Expansion Area and having received and considered such other evidence of the conditions in the Expansion Area as have been presented to it, the City of Clearwater on August 8, 2002, adopted Resolution No. 02-41, which made certain findings regarding the Expansion Area; and WHEREAS, on October 29, 2002, the Pinellas County Board of County Commissioners adopted Resolution No. 02-287, which delegated to the Clearwater City Commission the power to declare itself Community Redevelopment Agency for the expansion area and to prepare a redevelopment plan for the expansion area, and required the City Commission to make certain findings; NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA: Section 1. Findinqs. Based upon the evidence, data and analysis presented to it, the City of Clearwater hereby finds that: (a) One or more slum or blighted areas, or one or more areas in whieh there is a shortage of housing affordable to residents of low or moderate ineome, including the elderly, exist in the City. (b) The rehabilitation, conservation, or redevelopment or a combination thereof, of such area or areas is necessary in the interest of the publie health, safety, morals, or welfare of the residents of the City. l{c~\II\1I'(l11 Nil, o:l-22 Section 2. Community Redevelopment Aqencv. The City of Clearwater does hereby expressly find that it is necessary, appropriate, proper and timely that the City Commission sitting as the existing City of Clearwater Community Redevelopment Agency be authorized to carry out community redevelopment as contemplated by Part III, Chapter 163, Florida Statutes, as amended, to further, cause, promote and encourage rehabilitation, conservation and redevelopment within the Expansion Area. Section 3. Effective Date. This resolution shall take effect immediately upon its approval. PASSED AND ADOPTED this day of ,2003. Brian J. Aungst Mayor - Commissioner Approved as to form: Attest: QtL {i, I- Pamela K. Akin City Attorney Cynthia E. Goudeau City Clerk 2 Resolution No. 03-22 &~."'l."~'_ S~~" r:i ,\1,- . ..... '-- ~ ~ -=:-::.. ~ \"~=~ ~ -.,.:r..mi.. ~ -- Clearwater Ci tv Commission Agenda Cover \1cl11orandulll Worksession Item #: P R \ /) /) Final Agenda Item # J ~ Meeting Date: 5/1/03 SUBJECT/RECOMMENDATION: Approve Parks and Recreation Board recommendation naming City property located within Court Street to the south, Prospect Avenue to the west, Park Street to the north, and Ewing Avenue to the east, Freedom Lake Park, ~ and that the appropriate officials be authorized to execute sarno. SUMMARY: . The Town Lake project developed an existing pond and enlarged it to create a 3.8 aere lake with approximately one half acre of surrounding parkland. The lake provides flood protection and stormwater treatment for approximately 109 acres of contributory drainage area using a eombination of chemical (alum injection), physical (settling) and biological (aquatic planting) processes. . Commission Resolution No. 94-12 specifies that the Parks and Reereation Board will eonduct and advertise a public hearing to consider recommendations for park names at a regular meeting of the Board. The Board held a public meeting on March 24, 2003. . A total of 28 names were received by the Board for consideration. . Based upon the information gathered at this hearing, and on tile criteria contained in the Resolution, the Parks and Reereation Board approved a motion to recommend to the City Commission that the facility be named "Freedom Lake Park". The remaining choices in order of preference were: o Prairie Lake Park o Old Marsh Lake o Lake Lillian o Clear Lake . Currently there is a park located in Pinellas Park called Freedom Lake Park and a private facility in Clearwater called Freedom Park. Reviewed by: Legal N/A Budget N/A Purchasing N/A Risk Mgmt N/A Info Srvc Public Works DCM/ACM Other N/A NJA.... ~ Originating Dept: Parks & Recreation Dept.? v Total )(e\tin Dunbar, Director f#' // User Dept. \ IY"'/ Curront FY ~~ Parks & Recreation Deot ----- Attachments: Proposal List Costs N/A N/A Funding Source: CI OP Other Submitted by: "n'lh ~ City Manager ~ ~...-",~"..- o Printed on recycled paper o None A~prol!!'lAtlon Codo: Nono Rov. 2/98 . Proposals for Park ~ame Downtown Property Known as Town Pond and/or Town Lake -----, Recommended Name Applicant & Reason for This Request I ~ 1. Prairie Lake Park (or) Brown Sarah Brown Caudell - That land was known in 20's & I I Brothers Prairie Park 30's as the "Prairie." During the Depression, the Brown I I Brothers. Doug and Tom Brown, would pick guavas 1 there so their mother could make jelly. Today, Doug I Brown's grandson, Ben Charles, is a contractor with I I Caladesi Construction and is in charge of building this lake and park. .., Prospect A venue Waterfall & Park Rosa Mae Harvey - No reason stated ..~- --,. .., God's Divine Work Barry Platt - ;\0 reason stated -' . ...-. .+. Freedom Lake Shirley Borcsane - It is appropriate for two reasons: the lake s)lnbolizes freedom as in the spirit, and is symbolic of our country's li'eedom. ..._--- 5. Downtown Lake Downtown Deyelopment Board - No reason stated ....-.- (l. Serenity Park Tami Myers - It is a very serene place. -- -. 7. Paradise Park Evel)11 Evans - To give God credit for this beauti ful park. S. Duncing Waters Park (or) Park of Tami Myers - :'\s part Native American Indian, I feel this Dancing Waters is in keeping with getting back to nature. -.. <) . .Iohn Whitt .Jenkins Memorial Park Robert Charles Odums - In his lifetime. Mr. Jenkins did a lot of good things not only for his neighborhood, but for the whole city of Clearwater. , ... .. .-.-- I 10. Clear Lake .lohn A. Durfee - Name is in reference to newspaper article saying it will be maintained by alum injection I , system. I , ,----, I 11. Renaissance Lake Pam ~1arks - The definition of Renaissance is Rebirth, i Revival. This project as well as several other current I i I projects will bring this to Clearwater. I \, I 12. Old Marsh Lake Michael L. Sanders - This area originally was a prairie or I ! marshland. a low-lying area with a small lake to the north ! covering the low point of Cleveland St. at Prospect. Old timers living in the high ground around Greenwood I A venuc would lay planks through the marsh to stay dry I I in order to walk downtown to work or shop. f-- I 3. New Town Lake Pam i\'larks - The creation of this lake provides a new I I i opportunity for the revival of downtown. i 1- Glenn Garte - This name would be timeless; it is hoped I 1'+. rvlcmory Lake I that with this name the park could servc as a .(ocus for 1 commemorating Clearwater milestones; plaques or trees to be given to remember important individuals, , contributions: the loss of police and fire persons. It ....-- would be a living. growing remembrance for our city'.?_ , guests and residents to visit and learn 0 I' our heroes. , , ,-- 15. C ommcrce Lake Hans R. Knight - No reason stated. ,.-- ~~--_..- Joanne R. Wche - I wanted an attractive namc for this i I (l. Dragonfly Gardens , ncw project that reflected an indigenous insect as per , photo in St. Petc Timcs. l.~--_.__ I 17. Seagull Landing Wyndham Skeens - Quitc a few scagulIs arc landing in i I the park and near the lake. I r---- --- Esther Skeens - The name I chosc is because of the i 1 S. Rippling Waters Park I ripples made on thc watcr madc by the wind and waterl~lII and the fountains and thc swaying palm trees. ,- Sunshine Lake Pam Marks - The lake is a bright spot in downtown and i 1 \). i will light the way for future redevclopment. I i l- I 20. Lake Progress Anne Grecn - The city is moving forward with many I I I important projects that will make the city a bctter place- i this lake is one ofthase projects. ! I I 21. Sparkling Lake Anne Green - Often our city is described as Sparkling I ! Clearwater so I thought it was a fitting name. ,..--.---- Pam t'vlarks - Privilcge, risk. chance, going bcyond i 22. Libcrty Lake normal limits - the definition of Liberty describes the lake. (P.S. a little patriotism never hurts.) 23. Central Park View Keith L. Estes - Centrally located - beautiful view. 24. Clearwater Central Park View Dolores Estes - It's a nice view - it's centralIy located. 25. Dr. King Park or Lake Kcn Brown - It would be a finc act of friendship for all I people. Doctor King did a lot for all of us. (Also, it was I at one time the site of the roller skate arena for black I residents.) (Innovative Prestress COil). would donate a i muIti-racialmonument for the park) I 26. Lake Lillian Anne M. Garris - Lillian Trickel is the longest active I business owner in downtown Clearwater. When all I others were leaving, she built a ncw building and stayed on. She has been active in downtown affairs longer than I anyone clse. t-- rvlackingbird Lake Ron KclIy - Honors the statc bird, the Mockingbird. I ., 7 l----~~ I 28. Lake Dixon BiII WalIacc - Honors the Mac Dixon family, early I I developers of the "Heights" area. I I 29. Waterbrook Lake Barbara Birenbaum - received after Parks & Recreation I Board Public Meeting. L. _______ ,f J .' - ~ r ~."~;: :~ RESOLUTION NO. 97-43 A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA, AMENDING RESOLUTION 94-12, THE POLICY AND PROCEDURE FOR NAMING NEW CITY PARKS; TO PERMIT RENAMING EXISTING PARKS UNDER CERTAIN CIRCUMSTANCES: PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Commission desires to revise the policy and procedure for naming City parks; and WHEREAS, the current policy and procedure was established by Resolution 94-12 adopted January 18, 1994; now, merefore, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA: Section 1. That Section 1 of Resolution 94-12 is hereby amended as follows: ~:) (a) Any person recommending a name for a park will first complete a fonn "Proposal for Park Name," to be provided by the Parks and Recreation Department. Each proposal shall be submitted to the Parks and Recreation Board. (b) The Parks and Recreation Board will not consider any requests to rename existing par1<s unl(;s~ dO requested bv motion of the City Commission. (c) The Board will not consider any requests to name recreation facilities such as tennis courts. basketball courts. or ballfields, that are located within parks. (d) Each park to be named will be evaluated on the following criteria: . Neighborhood homeowners associations will be contacted when considering names for par1<s located in their neighborhoods. . Persons serving on the Parks and Recreation Board, another City board, or on the City Commission will not be eligible to have a park named after them during their tenure of office. ' . Ordinarily, parks will be named after subdivisions, geographic locations, or streets. · In the event the park property is donated, the donor will be allowed the privilege of submitting a preference for a name. · Parks may be named in honor of an individual; however, this should occur only on rare occasions and the individual shou~j have given langthy civic service to the City of Clearwater community, and that individual should be of local importance rather than of state or national prominence. (e) A survey may be required of homeowners living around the park to receive their opinion of a proposed name. q, (1) The Parks and Recreation Board will conduct an advertised public hearing for each proposal. (g) Based on the criteria contained in Paragraph (d) and on information received from the public hearing, the Parks and Recreation Board shall formulate a recommendation on the proposed name and shall provide the recommendation to the City Commission for a final decision. Section 2. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this 17th day of Julv ,1997. Approved as to form: JJIL , Pamela' K. Akin, City Attorney Rita Garvey, Mayor-Comm' ioner Attest: , i a E. Goudeau, City Clerk .,..); < ~ ; .~~:/ ( .~,~ ../ TO: Mayor and City Commissioners FROM: Beautification Committee, Elizabeth France, Chair SUBJECT: Downtown Lake/Park CC: Kevin Dunbar, Art Kader, Leroy Chin DATE: April 28,2003 At the Beautification Committee meeting of April 2, 2003, members decided to suggest input into the naming of the downtown lake and park area now known as Town Lake and/or Town Pond. It was noted the names suggested by the Parks and Recreation Board on March 24, in order of preference, were: Freedom Lake Park, Prairie Lake Park, Old Marsh Lake, Lake Lillian, and Clear Lake. Beautification Committee members decided unanimously to recommend that the name reflect the heritage and history of the City of Clearwater. Stating their personal preferences, committee members decided as follows: Members Elizabeth France, Saundra Curry, and Brooks Hammac selected "Old Marsh Lake." Member Sally Foote chose "Old Marsh Lake" or "Prairie Lake Park," and member Rebecca Avrin chose "Old Marsh Lake" or "Freedom Lake Park." Absent were members Allan Dadetto and Dagmar Ortiz. EF/bd I ; I RESOLUTION NO. 03-24 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF CLEARWATER EXPRESSING ITS OPPOSITION TO LEGISLATION WHICH IMPACTS THE MEMBER GOVERNMENTS OF TAMPA BAY WATER AND TAMPA BAY WATER'S ABILITY TO DEVELOP NEW SOURCES OF WATER IN ACCORDANCE WITH THE AMENDED AND RESTATED INTERLOCAL AGREEMENT; EXPRESSING ITS OPPOSITION TO ANY AMENDMENT TO HAVE LOCAL WATER DECISIONS MADE AT THE STATE LEVEL; EXPRESSING ITS OPPOSITION TO ANY PENDING BILL THAT JEOPARDIZES THE TAMPA BAY WATER INTERLOCAL AGREEMENT OR ADVERSELY AFFECTS TAMPA BAY WATER'S CREDIT RATING OR THE MEMBER GOVERNMENTS' WATER RATES; REQUESTING THAT THE MEMBERS OF THE LEGISLATURE TAKE ALL POSSIBLE ACTION TO REMOVE ANY SUCH AMENDMENTS FROM PENDING WATER BILLS BEFORE FINAL PASSAGE; AND COMMITTING TO WORK DILIGENTLY AND COOPERATIVELY WITH MEMBERS OF THE FLORIDA LEGISLATURE, TAMPA BAY WATER AND OTHER AFFECTED GOVERNMENTS TO ADDRESS CONCERNS WHICH HAVE GIVEN RISE TO THESE AMENDMENTS. WHEREAS. the City of Clearwater purchases a substantial portion of its potable water from Pinellas County which is a member government of Tampa Bay Water; WHEREAS. Tampa Bay Water was formed in 1998 after two years of negotiations among six member governments to develop alternative. environmentally sound sources of publie water supply, to end the years of costly litigation which had been experienced among the member governments and the Southwest Florida Water Management District over water supply and permitting issues, to provide a Illeans for seleeting and financing water supply projects by majority action of the Tampa Bay Water Board of Direetors which would not be subject to the veto of any member government. and to resolve issues and coneerns of host member governments about projeets within their jurisdiction through arbitration rather than through costly litigation; WHEREAS, one of the eentral principles of agreement among the member governments in forming Tampa Bay Water was that any act of the Florida Legislature which materially changed the rights and responsibilities of Tampa Bay Water and the member governments would trigger termination rights by any lwo member governments under Seetion 6,04 of the Interlocal Agreement which ereated Tampa Bay Water' WHEREAS, the possibility that any two members may trigger termination of the Interlocal Agreement will have an immediate, negative impaet on Tampa Bay Water's credit rating and its ability to finance future water supply projeets; Resolution 03-24 WHEREAS. unreasonable inereases in water rates, or exposure to the potential for sueh unreasonable inereases in water rates, which result from aets of the Florida Legislature may also adversely impact Tampa Bay Water's credit rating and its ability to finance future water supply projects: WHEREAS, House Bill 1069 by Representative David Russell was amended on April 10, 2003, to inelude an amendment that would require prior approval from a host member government of Tampa Bay Water prior to the development of new groundwater projects in that member government's jurisdiction; WHEREAS, this amendment to House Bill 1 069 would be a material change of the respeetive rights and responsibilities of the member governments and Tampa Bay Water and as such would trigger the right to terminate the Interlocal Agreement under Section 6.04, with an immediate and real impact to Tampa Bay Water's credit rating: WHEREAS, the Byrd amendment has been modified but still arguably triggers termination provisions; ~ WHEREAS, the Byrd amendment to House Bill 1069 has now been incorporated as House Bill 1459; NOW THEREFORE, based on the foregoing, it is hereby RESOLVED by the City Commission of the City Clearwater that: Seetion 1. The City of Clearwater expresses its strong opposition to any pending bill or amendment thereof that jeopardizes TaPlpa Bay Water, its members, or its credIt rating. Seetion 2. The City of Clearwater requests that the members of the Legislature take all possible action to remove these types of Amendments from these water Bills before final passage. Seetion 3. The City of Clearwater staff and the City's lobbyist are directed to work with Tampa Bay Water staff and legislative counsel to remove the impaet of these two Amendments from these Bills before final passage. Seetion 4. The City of Clearwater commits to work diligently and cooperatively with members of the Florida Legislature, Tampa Bay Water and other affected governments to address eoncerns whieh have given rise to these two Amendments. Seetion 5. This resolution shall take effect immediately upon adoption. 2 Resolution 03-24 PASSED AND ADOPTED this Approved as to form: Pamela K. Akin City Attorney day of ,2003. Brian J. Aungst Mayor-Commissioner Attest: Cynthia E. Goudeau City Clerk 3 Resolution 03-24 PRELIMINARY AGENDA Clearwater City Commission Work Session - 9:00 A.M. - April 28, 2003 Convene as Community Redevelopment Agency (CRA): 1. Call to Order 2. Approval of Minutes: 03/03/03 3. Conceptually approve Capital Improvement Projects (CIP) for Downtown Clearwater 4. Executive Director (Assistant City Manager) Verbal Reports 5. Other Business 6. Adjourn Convene Work Session PRESENTATION 1. City Supervisory - Leadership Development Program PUR PURCHASING 1. Data Flow Systems, Inc., Melbourne, Florida - Labor and materials to upgrade the telemetry system at Lift Stations 2, 4, 21, 25, 26, 28, 41 m 50, 54 and 65 for $67,395. (PW/UTIL) 2. McKim and Creed Engineers, Clearwater, Florida - Wellfield permit modification for $55,500. (PW/ENG) DS DEVELOPMENT SERVICES 1. Award a contract to Don Reid Ford of Maitland, Florida, in the amount of $14,850. for the purchase of one (1) 2003 Ford Taurus 4-dr Sedan, in accordance with Section 2.564(1 )(d), Code of Ordinances, Florida State Contract #070-001-03-1 and authorize funding through the City's Master Lease/Purchase Agreement. (Consent) ED/HSG ECONOMIC DEVELOPMENT/HOUSING 1. Adopt Res 03-22 regarding the Community Redevelopment Agency to reflect language required by Resolution 02-287 as adopted by the Board of County Commissioners of Pinellas County on October 29, 2002. 2. Approve the Renewal Agreement with Clearwater Neighborhood Housing Services for Community Housing Development Organization activities under the City's HOME Investment Partnership Program. (Consent) MR MARINE /AVIATION 1. Approve the Conditional Assignment of Lease for Room 4 in the Municipal Marina from Thomas C. and Patricia A. WOlkowsky, dba Pirates Pantry, to Denis A. and Cheryl L. White, dba Pirates Pantry. (Consent) 04-28-2003 Work Session Agenda 1 Revision 1.2 2. Approve the second amendment to the management agreement with the Clearwater Community Sailing Association (CCSA), adding yearly cost of living increases rather than percentage of revenues at the Clearwater Community Sailing Center (Consent) PR PARKS AND RECREATION 1. Approve Parks and Recreation Board recommendation naming City property located within Court Street to the south, Prospect Avenue to the west, Park Street to the north, and Ewing Avenue to the east, Freedom lake Park. (Consent) 2. Accept grant (totaling $63,200. for 100% funding for three (3) summer camp programs) and approve the corresponding agreement from the Juvenile Welfare Board. (Consent) PO POLICE 1. Approve an agreement between the District Board of Trustees of St. Petersburg College, Florida and the City of Clearwater for cash match funding of $36,146. for the period 01/01/03 thru 12/31/03 for the AmeriCorps Pinellas Project for support of membership. (Consent) SWIGS SOLID WASTEIGENERAL SERVICES 1. Award a contract to Atlantic Truck Center, Ft. Lauderdale, Florida for the purchase of one (1) 2003 Sterling l T 9500 Roll Off Truck, at a cost of $102,691. which was the lowest Bid received in accordance with the specifications of City of Clearwater Bid #43-01; and authorize financing under City's Master LeaselPurchase Financing Agreement. (Consent) PW PUBLIC WORKS 1. Accept a perpetual 5-foot drainage and utility easement (dated February 14, 2003) conveyed by Eilnar R. and Catherine B. Kristensen, over and across E 5' of W 10' of Lot 160, Fair Oaks 4th Addition. (Consent) 2. Approve work order with Parsons Engineering Science, Inc. of Tampa, an Engineer of Record, for additional funds and revised scope, for the design and permitting for the Kapok Wetland and Floodplain Restoration Project in the amount of $97.770. for a total of $412,906. (Consent) 3. Ratify and confirm Change Order #1 to Westra Construction Corporation of Palmetto. Florida for the Beach Pump Station Improvements Phase II Contract (99-0074-UT), which increases the contract amount by $300,079.19 for a new total contract amount of $1.025,814.19. (Consent) 4. Ratify and Confirm the approval of a purchase order with Kearney Development Co., Inc. in the amount of $90,240. for construction services as part of the Seville & Sunset Drive Reclaimed Water Project (02-01 03-UT) (Consent) 5. Approve the final plat for "The Moorings Townhomes I" located on Bayway Boulevard North approximately 800 feet East of the intersection of Hamden Drive and Gulfview Boulevard. (Consent) 04-28-2003 Work Session Agenda 2 Revision 1.2 6. Approve the final plat for liThe Moorings Townhomes II" located on Bayway Boulevard North approximately 1400 feet East of the intersection of Hamden Drive and Gulfview Boulevard. (Consent) 7. Approve a Local Agency Program (LAP) Agreement between the City of Clearwater and the Florida Department of Transportation (FOOT) in the amount of $341,960 for installation of signalization and driveways on S.R. 60 at Damascus Road; and approve a work order in the amount of $79,160. to Tampa Bay Engineering, an Engineer-of-Record, for the design of the project. (Consent) CA LEGAL DEPARTMENT Second Reading Ordinances 1. Ord 7107-03 - Approve the petition for Annexation of property located at 1779 Audrey Drive (Lot 37, Pinellas Terrace in Sec. 05-29-16) (ANX2003-01001) 2. Ord 7108-03 - Approve a Land Use Plan Amendment from County Residential Low (RL) to City Residential Low (RL) for property located at 1779 Audrey Drive (Lot 37, Pinellas Terrace in Sec. 05-29-16) (ANX2003-01 001) 3. Ord 7109-03 - Approve a Zoning Atlas Amendment from County R-3, Single- Family Residential District, to City LMDR, Low Medium Density Residential District for 1779 Audrey Drive (Lot 37, Pinellas Terrace in Sec. 05-29-16). ANX2003-01001 4. Ord 7110-03 - Approve the petition for Annexation of property located at 1740 Nursery Rd. (Lot 7, Block B, Douglas Manor Lake in Sec. 23-29-15). ANX2003- 01002 5. Ord 7111-03 - Approve a Land Use Plan Amendment from County Residential Low (RL) to City Residential Low (RL) for property located at 1740 Nursery Rd. (Lot 7, Block B, Douglas Manor Lake in Sec. 23-29-15). ANX2003-01002 6. Ord 7112-03 - Approve a Zoning Atlas Amendment from County R-3, Single- Family Residential District, to the City LMDR, Low Medium Density Residential District for 1740 Nursery Rd. (Lot 7, Block B, Douglas Manor Lake in Sec. 23-29- 15). ANX2003-01 002 7. Ord 7113-03 - Approve the petition of Annexation of property located at 1714 Jade Ave (Lot 9, Jade Heights Subdivision in Sec. 03-29-15). ANX2003-01003 8. Ord 7114-03 - Approve a Land Use Plan Amendment from County Residential Urban (RU) to City Residential Urban (RU) for property located at 1714 Jade Ave (Lot 9, Jade Heights Subdivision in Sec. 03-29-15). ANX2003-01003 9. Ord 7115-03 - Approve a Zoning Atlas Amendment from the County R-4, One, Two and Three Family Residential District, to the City LMDR, Low Medium Density Residential District for 1714 Jade Ave (Lot 9, Jade Heights Subdivision in Sec.. 03-29-15). ANX2003-0 1003 10. Ord 7116-03 - Approve a Land Use Plan Amendment from the Residential Low Medium (RLM) and Residential Urban (RU) categories to the Recreation/Open Space (RIDS) category for property located at 3035 Gulf to Say Blvd. (a portion of Tract A, Myron Smith's Bay View Subdivision; a portion of Lots 2 & 3, Slack 5, Revised Map of Town of Bay View; a portion of vacated County Road 31; and a portion of Lots 1 & 4 of Revised Map of Town of Bay View in Sec. 16-29-15). LUZ2003-01001 04-28-2003 Work Session Agenda 3 Revision 1.2 11. Ord 7117-03 - Approve a Zoning Atlas Amendment from the County R-4, One, Two and Three Family Residential District and the City MHP, Mobile Home Park District to the OSR, Open Space Recreation District for property located at 3035 Gulf to Bay Blvd. (a portion of Tract At Myron Smith's Bay View Subdivision; a portion of Lots 2 & 3, Block 5, Revised Map of Town of Bay View; a portion of vacated County Road 31; and a portion of Lots 1 & 4 of Revised Map of Town of Bay View in Sec. 16-29-15). LUZ2003-01001 Other City Attorney Items City Manager Verbal Reports Commission Discussion Items 1. Median Beautification - Commissioner Jonson 2. Proposed amendments re Tampa Bay Water Presentation(s) for Thursday Night 1 . Proclamations: a. Elder Law Month b. Civility Month Other Commission Action Adjourn o 04-28-2003 Work Session Agenda 4 Revision 1.2 ) " '-At 1- ) , ,) '0., ~., ,: >.~ " '~. .... . .. . I, , ,. IJ -of: I ( .' i I I I i j / i / f I / / / I I "/ / / I .__1 I M .~ N .......... CD N .......... .. t I , ./L' t. '. ,~. . t ,~:!' . .', .\ ~' i' ~(, Ih, .....\ I' 11 1 .( , " I' . '\ '.' \ , .:\\,; 1')' I . :\ ," \tr~ '.:\ ~ .:'~ '\'~t~ , .t~ " (\, ,: ' \~. \j . \ .\' ~ l H' . ~ .......tl, 1 ,{( . , ~~f~ \ .. ',r\ r t.'t :'.1'1',\.1" \ ,H~ . ~:'~ jt~:> ~ f . !.,'l.,,:".f ,~: ;'J:Y~. .- \; '1 ~ ',\j' .. '. '- ) '. --. ( Li /. /.., ~ ' T ANI PA- BA\~- PARTNEksAlp"--' ... "0 ill. ,,' " " , II i i ';\ '; ill' . fl' ,~I."", . .\j i! . : I ........ ( 1 I . I' ',! ; ; \., · I'll!,i'. . ~ .. li,\,-';{ '; .\ LETTER SENT TO TAMPA BAY LEGISLATIVE DELEGATION Dear Legislator: Wc arc writing to exprcss very strong objection to two proposl.:d amcndmcnts that would seriously jeopardize Tampa Bay Water, Our region is extrcmdy fOl'tlln~llc to have a governancc model for watcr supply planning and delivery that has been widely recognized by other areas around the state and across the nation. We cannot allow these amendments to negatively impact thc operations of Tampa Bay WatCf, hurt its crcdit rating. and disrupt the track record that has becn established in the last five years. This regional alliance is working. The obvious proof is the dcvclopment of alternative sourccs such as the desalination plalll und the dramatic rcduction in production at regional wellfidds, with groundwater decreases ulready achieved that were not required until December 31, 2007. Specifically, we call your attention to the following: · Amendment to House Bill 1069 by Rep. David Russell, which states that in ordcr for Tampa Bay Water to pursue groundwatcr development within a mcmbcr governmcnt's jurisdiction, the approval of the exporting member governmclll must be received. This amendment strikcs at the hcart of thc rcgional agrecmcnt and would clearly put local, often parochial interests, above what is best for overall regional concerns. · Amendment 3 to Senate Bill 1164 by Sen. Tom Lee, stipulates that a regional reservoir may result in a loss of valuc to property within 10.000 feet of the site and allows property owners to prescnt a claim for compensation on or before Dec. 31, 2004. As this amendment sunsets in 2005, it apparent intent is to targct solely the Tampa Bay Regional Reservoir in southeastern Hillsborough County. This amendment, because it would directly affect the operating expcnse of Tampa Bay Water, could end up creating an undue cost burden on our rcgion's watcr customers. Further, this reservoir project wcnt through an extensivc pcrmitting process and the property value issue has already been litigated in binding arbitration, which went in Tampa Bay Water's favor. SfR\o1'JO TtIE MEmo ARE4S Or G-~.rrR T M~" SAY ).<(';, UOWG T '.~'PA : Sf PtrFHF<!ln, I ClEARo'/ArHt S",:>,ASlYo.\ 1 I);l-'DOITCOi AND u,'ELA'O i \\\"ITn H4\tN TAMPA BAY 1,- "i,;r.;1& <C.. L;., ..Jf I 'i) /'<::.. wwwTamoaBay,org AN ENTERPRlSEFLORfDA PARi'.'fC? n (0131078-2208 J ,\:.: (R 13) 872-9356 43N W[S, CVf'Ilf'SS SWUT SUITE 250 T AI."'A nAY, rLOfUfJA 33607 '. Key Messages for Opposing Water Amendments Lee Amcndment 1. This amcndment crcates an cxcessi,'c burdcn on the rcgion's watcr customl'r~, rCl)uiring thc rcgion to pay for an impact potential that hasn't becn pron'n and may not CXlSt. :\cross the globe, reser:oirs pn:sel\'e natural cnvironment and habitat from de,'c1opment. In many conununitics, citizens want to li,'c near rcscl\'oirs for their natural state and recreational opportunities. 3. This amcndmcnt singles out Tampa Bay \X':lter. It is not applicablc to any othcr utility or public project in the state. Singling out Tampa Bay \,\Tater's resl'l\'oir, when there is no known or pron~n impact to property owncrs, is simply bad government. It's taking local parochialism to the state level. 4. Thc rescl\'oir has reccived all neccssary state permits and .this very issue has been litigated in binding arbitration, which was \\'on by Tampa Bay Water. 5. ,:\cquisition of unnecessary property is an operating expense, which has huge ramitic.'uions to the wholesale water and possibly may nc!,rativcly impact Tampa Bay Water's credit rating. 6. I-lillsborough County's landtill is directly across from thc rescl\'oir. Surely, this county dump affected property \':llues, but thc County wasn't rClluired to compensate property owners. Why should a public water supply project, surrounded by 5200 acres, be singled out? .., Russell Amendment 1. This amendment will effectively return our region to the dark ages of the water wars, tearing apart the regional alliance that is Tampa Bay \'\'ater and returning our region to parochial battles over water. 2. 111is amendment materially changes the tennination provision of Tampa Bay \Vater's govcrnance contract, making it possiblc for any two membcrs to dissolve the agency instead of a unanimous ,'otc of all members. This wcakening of the agency's stability could affect Tampa Bay \X'ater's credit rating, hindering its ability to tinancc future projects, or adversely affecting the costs associated with future financing, if it could be arranged. 3. Allowing a parochial veto to a project, as proposed in this amendment, contradicts the regional approach to water supply. I t allows a local interest to rise above the region's interest. 4. This amendment is political NI:-'1BYism. I f allowed to stand, local governments can block the development of ne"v groundwater supplies for the Tampa Bay region. The only options left will be more costly alternatives, raising water rates even highcr. 5. Groundwater is a vital part of the mix to ensuring a sustainable, affordable water supply for our region's citizens and businesses. Well fields built today must meet stringent new permitting sL'lndards to ensure the em,ironment won't be harmed. 6. Politics must not price public water out of the reach of our citizens. .t121/2(XU Tampa Bay Water Page 2 April 17,2003 There is probably no single issue that has so galvanized the business leadership or this community than Tampa Bay Water. After many years or costly "water wars," we have embarked on an approach that strives to put the best interests or the entire Tampa Bay region above parochialism. The business community believes that water infrastructure needs to be planned and implemented in a manner that avoids unnecessary delays and costly legal battles. To begin to dismantle the regional governance model and to allow parochial concerns to be elevated to the state level is extremely unwise, in our opinion, and could end up pUlling our region's economic growth and viability at significant risk. We respectrully request that these two amendments be withdrawn from rurther consideration. Sincerely. ---' --.., ( -~ \~ /J </ e;{:~ ~.f~ Rhea F. Law Chair, 2003 Stuart L. Rogel President & ChicI' Executive Officer cc: Tampa Bay Area Legislative Delegation Governor Jcb Bush Tampa Bay Partnership Executive Committee Tampa Bay Partnership Board of Directors Tampa Bay Water Board or Directors SERVING THE METRO ARE"S OF Gnr",Tvl T A~'J'" BAY 1/ICWD'NG T ..vr... : ST. PETtRffiU!X'; I CuAR'NATPl SAftAs:r...1 f3n.\cENTON ,1,1.0 LA~f.l""'lJ I W'';T[R H4VE'. TAMPA BAY 11 -. f. '~/;fi'.;.fE; . ii" "->;;I1f'. I , dl~_ WW',','. TampaOay,orp AN ENTEAPAISEFLORIDA f\\."T',[P " (813)870.2200 II\X (813) 872.9350 4300 W[~T Cym[~.s Srl1UT SUITE 250 T"~4'" BAY. r,0I1I{1A33r,07 April 21. 2003 Mr. David I-logan Secn~taryrrrcasurer Clearwater Fire Fighters Association Inc. Local 1158 IAFF 806 Lakeview Road Clearwater. Florida 33756 ;j)~ Dear Mr. Hogan: I received your April 15.2003 letter asking about my position on HR 1393 and HB 133. The short answer relates to unfunded legislative mandatcs proposcd without cooperative participation of those who will be impacted by the mandates. In this era of governmental budget shortfalls, it is even more important that govcrnmental organizations work together for thc joint benelit of citizens and employees. Too often in the past, the Florida Legislature mandated action on local government that result in tax increases or reduction in services at the local level. In my Inind this is irrcsponsiblc one- sided legislative action. There are two better approaches: I. The legislature could mandate additional spending at the local level, but provide funding to cover the additional spending. For example the legislature could levy a tax on insurance premiums with the revenue going to local government to pay for the mandated additional fire services. Or, 2. If changes are required to local policies or procedures, then the local governments should be involved in the development of the legislation. I believe the Florida League of Cities would be an appropriate representativc for joint consideration of any such proposals. They have committees that can participate in proposals to ensure that the impact on cities is fully understood, optimal choices are selected, and joint support is gi ven to the legislature process. On another legislative issue, perhaps you are aware of legislation that would change the requirements for installing sprinklers in high rises. Changes to this legislation arc of concern to me. I wonder if your organization has evaluatcd the legislation and has a recommendation? Sincerely, Bill Jonson City Commissioner cc: Commission Distribution ,- \ \ , '. I jJ 04121/03 LEGAL REQUIREiHENTS OR CHANGES SOUGHT IN TRANSIT GOVERNANCE NE\V TRANSIT CHAL"lGES SOUGHT PST.-\. AGENCY 1. Board Membership Special Act Special Act Change 2. Include All of Pinellas Special Act, Referendum Special Act, Referendum County 3. Authorize Taxation of Special Act Special Act Tangible Personal Property 4. Authority to Operate No Change Special Act Guideway 5. Ability to Receive Funding No Change Special Act 6. Authority to Provide No Change - But Special Act - But Charter Service Severely Limited by Severely Limited by Federal Regulations Federal Regulations 7. Abolish PST NCreate New Special Act, Referendum Special Act, Referendum Agency Q (. \ P t!.. ;1.1,0 J .""" ll'~~f:\LoF T...;-"# \\'~ "'1""""'~~-'_ \ f'. ..., ~..._~':. ....~,. ,1/ "::. c>" ... ~:.....~ , .; ....... :1:""): -.- H .,~. .~: .. ~ ';, c::::)" ..~."~ ~.. ~-?'..6"" ,.,~\\ --V~"#II."'~~'\ ###)1TE~""t "1"- C IT Y OF CLEARWATER POST OFfICE Box -1--18, CLFAR',\'.-\TEH, FLOHIDA 33758-4748 Crry IL\u" 112 SOlTlI OSLEOIA A\'E~;l'E, CLEARWATER. FLORIDA 3:\7';{) TELEPIIO:\E (72-) %2.4050 FAX (727) 562.4052 ;\pril 25, 2003 CITY Cml~IISSI():\ ~lr. David E. Hogan Clearwater Firefighters Association, Inc. 806 Lake\"iew Road Clearwater, FL. 33756 Re: Positionlctter regarding HB 1393 (Pickens) and HB 133 (Sansom) Dear Mr. Hogan: On behalf of the City Commission, thank you for contacting our office regarding proposcd legislation that would affcct disability presumptions and extra benefits for firefighters and police officers. HB 1393 (Pickens) proposes to expand the current "heart and lung" disability presumptions for tire fighters and paramedics to encompass any type of cancer. :\s such change will significantly increase costs for worker's compensation and disability benefits, it is imperative that disabilities claimed as job- related arc proven by the weight of e\'idence rather than a statutory presumption. Opposing HB 1393, docs not advocate a denial of worker's compensation or disability benefits whcn entitlement is properly shown. The proposed bill should include provisions that will ensure genuine claims arc addressed responsibly. HB 133 (Sansom) redefines the term "extra benefits" as described in firefighter and police pension plans. The current statutory definition of "extra benefits" is benefits in addition to or greater than those provided to general employees. HE 133 would redefine "extra benefits" to include "in addition to tllOse in existence for police officers and firefighters on March 12, 1999." This proposal would prohibit the use of additional insurance premium tax re\'enues to fund extra benefits provided to firefighters and police officers before March 12, 1999. The proposed bill would rccluire cities to pay these extra benefits from general revenue and penalize those cities tllat provided extra benefits before t\larch 12, 1999. This proposed change violates tlle agreement made with the Department of l\lanagemcnt Services that the fire and police pension law of 1999 would not create a fiscal burden on cities to implemcnt. 'I11ank you again for expressing your concerns. Should we be of further assistance, please do not hesitate to contact our office. Sincerely. f!::;-)ng;!'-7\ l\faror , B~L\~; I Ai'\, "I, \1 \\( 'R,C, ''1'.' ,,', ''\1 R \\'llIl'.I', (', n', . \'1' ,. \\ \y, 0"'( '. ",I'II"Il''''' I; I" \\'1 Il \, ','11 r ( ,';, C, \'.~ '11'''1.'',1'1; I;~ ,',r: IIIP!!'.r:', ( . )'1',\(,,:. ".1.1' G) 1\:: i {, ,'." '.... C"\I'lb'l, "", R ;1-' / ; "E',II.\1 E',If'U ')\11':" I \"1\ A/Tllt\\.\ 11\1 ,\, ; II I:" 1-:.0.\1'1 (1,1," I r ~ I ,. F ,j F J ~" :. ~J / I / {. I. 1l~..:}I"Il:J \YED II:};:}; FAX 111 111 1111 ~ lIul TAMPA SAVe WATER S;:pp!yir'l1 W~l."i<> 7h.l'lalion 25:35 lCl'\drnQ~~ Driw. )vrtt~ 21 I. C1CCJlwolcf, Fl33761-3Q30 Phonl3; 727.79,;,2355/ Fox: 727.791 n88/ SunCom: 513.7010 www.tompaboV......ale(.org VIA FAX: :du~:.....,..'~{~..~_.~ ': .'\:.;:.~~~~.:..L):';'".: :"'_..W::-_ ~'i" ~~",,: J'~I":" ~'>'"'' ,': ..,=.', ,.' ...~:~; I;"'~: , mora .' . , TO: T~mp~ Bay Wate.: }3onrd "f Pitect(lt's FROM; Jetty L. Ma..xwdl, Gcoa:J ~una~c::r DA~rE: ^pril 30, Z003 SllBj:e:Cl': UpdMI: on Byrd j\2nl;:ndment to Watc:r Legislation ....~".t_ A - l ..........---- A~ reported to YOll at the Ap.tiJ Baud m~fJting, the Ey:d amendttl~t to WIltC:t legie;bclol'l 9$ ori.l$inillly filed l:c:prcsentl.'ld ~ material ch:1ng~ th~t wt7Juld r.rigger Seajrm 6,04 of th~ Amended :u:ld .R.C:$t'ated InreJ:locHl I\g:ti:ement. As i\ material ebngc, the: amendment would et'll1ble two mc:mbe,,: govt:rnme.nt~ to initi~te cUssolur.ioll of Tllmpn Bay Waccr. Sub$egu(!.rJtly, the Spe:Jkl:t has tcwised the Jnnguage ::wd the: implications of the lnngu3ge might f*1:1 be Ilrgued by 11 me.mbc.t' to be mfltetW or not. With no fl.-rtn ~t'n:;e of tbe outcome of the 13Jlgo:'lge or the L~l~ltlcive Sel\skaj, it c::ontirll.1e:; to be! difficult to ann1l~e r.he impncts, We havtJ bad :1 number of medi!~ intJui.les lib our the r:lmlflcllUOnl' of such uo :lction slnt:e the UITlenclm~l'It flr~~ aPl'~ur~d. In .t~sponsc:, 1 na'1t: asked ,>t:iff to :m:llyze the tl!rm1nation sh:Jtc: agrr:crneht, whic:h a5:lign:l dobt and war~r nllnc!1tinn back to the tnt:mbcl'li 'b:uod C.m tho llvetage of thdr pre"Y'iou$ fil{e years W'Hter llStlgC. For tlili cuculntion W~ u!ed the pa:le five: full yc:nxs (1998-2002). The cost below would bl: ~Ldjt:lsttcl by nctual appraisal:! and Staff has not' included whllt the ncl:u:u CO:lt of refinancing these :unouncs might be:: for e~ch member govemrnerJt. flollowing '.U'e the r:eSlJlcs of this :\l'1alysl:i: MII/1blr Fli1Jsboz:ough Co. 'P~lleo Co, 'PineO:!3 Co. N~w Port R.ielwy St. Petcobmg Tg.,mpu OJdjUIJ SbrJf'r % 23,5740/0 9.569% 4.1.738% 1.935% 20. -; 45";'. 5,t60% OptiQ(f SbtJ,-. (mstl) ~(l.024 j 6,246 70.8Ci:; 3.285 35.2Z0 8.7(,1 CVI! S ht.'~ ~)'12,.,G4.S73 $J06.!l16,!l85 ~521.~G7.12B $14,323,478 $266.~ 1.3.625 "S6~,12~,556 Addiuon:1l1y. :?~:.sol~ Flei:iht:r, Di~clo~ult;: COl1n~t:!, reported :ct the April BO:1.l:d me.~tiog th:lt passage of thb nmend"I'lent flil II muterial ch~ng(: could reducc T:lrnpil B;\y Water, e:..:ce11~rH boud t!lclng (tOrn 3D Aa t(J :l rHo, OJ; l('s~. Scuft' e$tim..te~ this .:ould ::ost the tc;~OU upw:mh; of $6 rni.l1.iorJ a Y~l:! ayel and abov~ th~ furu,~ co~c of ucldic.ionllj supplies d';t> to the Ios~ ot good credit Hl.Inding, Mr. Fltisbe: :ldviaed that n d<:,o;/.rng:';\d~ to T:'rnpiJ 'B\l.Y \'('~tc:r ~Iolllcl likely na",t.: :1 clon-urlO dfcc( to the mc:mbl!L' govcmm~ncs thut cCiuld !esulr in dO'.VMo'!:ldtS (0 tIlo::lr c::-(~t r\lr.il\~s. ;l!>Q lI((ecting the trIl:mbets' ability co bDtlOW mone] inexpenzinly, To chtt, we h~';'e h3cl in<lui:it~ (tom both Moocly'c .lnd St<lncl:ltd & POO':'~ teg:m1lng tlt.h p.:nding le~bi~tion. \VIe ~:.....c: mnn:lgerl tc. t~ffectu:llly IIr~ue .against any credtt rati.'1S c:hange so fllf du~ to tile fJct n,,:,hin~ h S::.J, But tb fio:.lnciJl community h closely O~:30:03 WED 03:38 FAX 111 111 1111 ~002 "'r:\mpu Bay \"'~ter BO:ltd cf,Dh:.:ctors April 30, 2003 l>l1ge 2 W".4tching this legj~lal:joCl ~cl we llho\,'lld t!Xpf:CC thern Co jud~cthe issue s'Wifuy if It passes. Sf";J.(( und consul~l'lr.1 1Ul! pr~[l:l.dog to m:ik(: best efforts to preserve the t~ceJl~n~ r.atlng the Boud ha~ buill Olgu1.n:lt l1l1y l~Zjsl:Hh,tl outcom~. Of c:qL:lal COL')c,:rn co the; racing l\gendes will b(: the growth irnplieatiom of the: pl'(!cecling nn:1JY5i:i of te.crnirL~tion option shar.es. ^ ~cmpntltion of terminlloou option $h:\rt~ by ml!mbetll ug:Un~t mt:mber requests fOt water for the ZOC)4 budget: teqe:ll$ some conea.ms in that tegurd. M"Hlb,,. HiUsbQrough County ]):I:IGO Couoty Pu,elLas COClnty New 'Pott Richey St. P~tlt(':ll>u~ 'rln'llpll Opfilm S!J(Jm (1l1Jfl) 40.024 16.246 10.86~ 3.285 3,,220 8,7Ci1 20M P.;rplllts (m,gd) 45.00 '19;60 72.00 4.15 30.50 5.00 .. " 1 hop~ this ~n9werll ~QY <1t1<.':9a0t15 you h~ve .tcgn'tding the 6:n:l1lcial impacts of thb legislation, If YOl,t would Ukc: furthe~ u!fOrtO:ltlon, pl(;t1t1t CKll mt:.