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10/03/2002NOTE: 09/30/02 PRELIMINARY (WS). AGENDA & PAPER WORK THAT WAS IN PACKET INITIALLY BUT THEN NOT CONTINUED ONTO 'T'HURSDAY°S COMMISSION AGENDA IS AT THE BACK OF THIS AGENDA PACK. ACTION AGENDA - COMMISSION MEETING Thursday, October 3, 2002 - 6:04 P.M. - Commission Chambers ITEM #1 - Invocation - Rabbi Arthur Baseman, 'T'emple B`nai Israel ITEM #2 - Pledge of Allegiance - Mayor ITEM #3 - Introductions and Awards: a) Proclamation: Public Natural Gas Week -- October 6-12, 2002 - Given b) Proclamation: Put the Brakes on Fatalities Day - October 10, 2002 - Given ITEM #4 - Presentations: a) Nagano Trip Report -Given by Linda Damsky b) American Rose City Award to Mayor - Given C) Taste of Clearwater Best of Taste and Best Themed Booth Awards - Best of Taste presented to Shepards and Island Way Grill; Best Themed to Ward's Seafood ITEM #5 - Approval of Minutes - Regular Meeting September 19, 2002 - Approved as submitted ITEM #6 - Citizens to be heard re items not on the Agenda Socretes Pimedes said Clearwater has its own opera company at Royalty Theater Jack Alvord reported on progress at environmental park. David Little suggested when time on parking meters expire, a 15-minute warning be issued prior to a ticket. John Doran said the roundabout is working fine.. This is the time of year when it's Clearwater's beach. There are paved streets on Clearwater beach and plenty of things to do. Jay Keyes reported the leftovers from Taste of Clearwater were donated to Tampa Bay Harvest and were much appreciated. ITEM #7 - Public Hearing & First Reading Ord 7020-02 to vacate the Southerly 5 feet of the 10 foot drainage and utility easement lying along the north property line of Lot 16, Countryside Tract 60, (AKA 2880 Meadow Wood Drive), as recorded in Plat Book 80, Pages 78-81, of the Official Records of Pinellas County, Florida, (V2002-09 Dohrman- Wood) - Approved. Ordinance passed first reading ITEM #8 - Public Hearing & First Reading Ord 7021-02 to vacate the 15-foot alley that lies along the west property line of tots 11 and 12, Block 48, Mandalay Subdivision, (AKA 908 and 914 Narcissus Avenue), as recorded in Plat Book 14, Pages 32-35, of the Official Records of Pinellas County, Florida, and vacate the alley lying along the south property line of Lot 12, bounded on the east by the west right-of-way line of Narcissus Avenue and bounded on the west by a line 15 feet west of and parallel to the west property line of said Lot 12. (V2002-10 Epley) - Approved. Ordinance passed first reading Public Hearing - Second Reading Ordinances ITEM #9 - Ord 7003-02 - Annexing property located on the east side of South Bayview Drive and on the north and south sides of Penmar Drive, north of Old Tampa Bay, mcc10a02.act 1 10/03/02 consisting of a portion of Tracts B and C, Myron Smith's Bayview Sub, whose post office address Is 3024, 3018, and 3022 Penmar Drive, 721 and 723 Bayview Avenue, together with that portion of the southerly 275 feet of South Bayview Ave, into the corporate limits of the City and redefining the boundary lines of the City to include said addition. (Our Lady of Divine Providence ANX 2002-05007) - Ordinance adopted ITEM #10 - Ord 7004-02 - Amending the Future Land Use Plan Element of the Comprehensive Plan of the City to change the Land Use Designation for certain real property designating initial land use category for annexed property located on the east side of South Bayview Dr and on the north and south sides of Penmar Dr, north of Old Tampa Bay, consisting of a portion of Tract B and C, Myron A. Smith's Bayview Sub, whose post office address is (multiple addresses) from Residential Low (RL) to Institutional (1). (Our Lady of Divine Providence LUZ 2002-05006) - Ordinance Tabled ITEM #11 - Ord 7005-02 - Amending the Zoning Atlas of the City 'by rezoning certain property designating initial zoning for annexed property located on the east side of South Bayview Dr and on the north and south sides of Penmar Dr, north of Old Tampa Bay, consisting of a portion of Tract B and C, Myron A. Smith's Bayview Sub, whose post office address is (multiple addresses) from Low Density Residential (LDR) to Institutional (1). (Our Lady of Divine Providence LUZ 2002-05006) - Ordinance Tabled ITEM #12 - Ord 7009-02 -- Third Quarter Amended Operating Budget for FY ending September 30, 2002 - Ordinance adopted ITEM #13 - Ord 7010-02 -? Third Quarter Amended CIP Budget for FY ending September 30, 2002- Ordinance adopted ITEM #14 - Ord 7014-02 - Vacate the drainage and utility easements retained over the vacated portions of Park Street and Ewing Avenue as described in Exhibit "A" and vacate that part of the utility easement retained over the north 10 feet of the vacated alley lying adjacent to the south property line of Lot 9, Tack and Warren Sub. (V2002-11 City of Clearwater) - Ordinance adopted ITEM #15 - Ord 7036-02 - Increase the City's contribution to the City of Clearwater's Money Purchase Plan from 6% to 8% for all members except the City Manager, City Attorney, and Police Chief, and to increase the City's contribution for the Police Chief from 12% to 14%, effective October 1, 2002 - Ordinance adopted CITY MANAGER REPORTS CONSENT AGENDA (Items #16-22) - Approved as submitted ITEM #16 - Authorize the City of Clearwater to enter into agreements with Subreciplents that were approved allocations during the FY2002-03 Consolidated Action Plan funding cycle. Also, authorize the City enter into agreements for amounts under $50,000 for those organizations that did not receive funding allocations during FY2002-03 Consolidated Action Plan process should additional funds become available. mcc10a02.act 2 - 10/03/02 ITEM #17 - Approve acceptance of grant funding in the amount of $34,510 from the State of Florida, Office of the Attorney General, 2002/2003 Victims of Crime Act (VOCA) Grant Program. ITEM #18 - Accept grant and approve the corresponding agreement from the Florida Department of Transportation totaling $62,065 for 100% funding FY 03 for a Pedestrian Bikeway Coordinator and 75% funding in FY 04 and 50% funding in FY 05, and establish one FTE. ITEM #19 - Award a contract to Automated Presort, Inc., Tampa, Florida in the amount of $400,000 (estimated) from November 1, 2002 to October 31, 2003, for mail processing services and postage for the City of Clearwater. ITEM 420 - Ratify & Confirm Change Order #2 and Final in the amount of $24,947 to Angie & Schmid, Inc. of St. Petersburg for the construction of the Consolidated Laboratory (99-0042-UT) ITEM #21 - Approve the final plat for "Clearwater Villas One and Two" located at the Southwest corner of Missouri Avenue and Druid Road. ITEM #22 - Authorize appeal of circuit court's award of fees and costs in Jeffrey Arthur Jones Corp. v. Oakhurst Construction Co., Inc. v. City of Clearwater. OTHER ITEMS ON CITY MANAGER REPORT ITEM #23 - Approve a work order to Parsons Engineering Science, Inc. an Engineer of Record, to provide engineering design and permitting services for the Glen Oaks Stormwater Management Project for the sum of $649,792. - Approved ITEM #24 - Adopt Res 02-46 to approve the transfer of the franchise to operate a cable television ' system In the City of Clearwater from Time Warner Entertainment- Advance/Newhouse Partnership to a wholly-owned subsidiary and management, TWEAN (Time Warner Entertainment Advance Newhouse) Subsidiary, LLC. (PC) - Approved. Resolution adopted ITEM #25 - First Reading Ord 6935-02 amending the building code requirements to provide regulations for construction of buildings to support adequate radio coverage for City Emergency Service Workers, including Firefighters and Police Officers. - Item Pulled ITEM #26 - Other Pending Matters - None CITY ATTORNEY REPORTS ITEM #27 - Other City Attorney Items - None ITEM #28 - City Manager Verbal Reports: a) November 4 work session conflict with TBRC - Work session changed to 1 PM on 1114/02 mcc10a02.act 3 10/03/02 ITEM #29 - Commission Discussion Items: a) City Manager Evaluation - Very positive evaluations - Given b) City Attorney Evaluation - Very positive evaluations - Given ITEM #30 - Other Commission Action Jonson complimented Beach Association for their meeting; said South Clearwater Citizens for Progressive Action Say No to Drug March was excellent; attended Safety Village Open House; next week is Commuter Choices week - use PSTA and other modes of transportation. Hamilton said this year's Taste of Clearwater was outstanding; acknowledged Jay Keyes and Tampa Bay Harvest; this Saturday is Make a Difference Fishing Tournament at Pier 60. AunQst congratulated Christie Cottier of CGS and the committee for efforts with Taste of Clearwater; thanked Clearwater Housing and sponsors for seminar last Saturday on lending and Homeownership; thanked everyone involved in South Clearwater Progressive. Action .Committee's Say No to Drugs" march; thanked Marion Rich and committee and Morton Plant Mease Foundation for participation in Caring Times Luncheon re breast cancer awareness last Wednesday; October 5 is Make a Difference Fishing Tournament at Pier 60; October 5 from 10 am to 12 noon is tour and Public Meeting at former Clearwater Mali site; Animal Planet is at Coachman Park this Saturday and Sunday to educate people about animal rescue, etc,; town meeting at Countryside Rec Center on 1019102 at 7 pm; October 11 at 9 am is Belle Harbor groundbreaking; Jazz Holiday is 10117 - 10120; wished Denise Wilson, assistant to City Manager Happy Birthday; congratulated his son on his election to student senate; Mayor's Council is 10131 - Joint meeting with County 'Commission at 10 am; groundbreaking for new sports complex is October 16; American Heart Walk Is 10113 at Tropicana Field; good to see neighbors come out to meeting. Goudeau reminded everyone the October 17 Commission meeting begins at 5:00 p.m. ITEM #31 - Adjournment - 9:58 p.m. mcc1002.act 4 10103102. I?W Put The Brakes On Fatalities Day October 10, 2002 FOR IMMEDIATE RELEASE: CONTACT: Mark D Van Hala, P.E., NS13E September 25, 2002 407-836-7934 INIAGINE A DAY WITH ZERO TRAFFIC FATALITIES. CENTRAL FLORIDA ENGINEERS URGE ALL CITIZENS TO DRIVE SAFELY! 'rI-lE SECOND ANNUAL "PUT THE BRAKES ON FATALITIES DAY" Orlando, Florida. Three Thousand and Thirteen ( 3013) peopied died on Florida's roadways in 2001. In Pinellas County 100 people died in 2001. Motor vehicle crashes are a greater threat to life and limb in the United Slates than murder. In 1999, there was one murder every 34 minutes while there was one traffic- related• fatality every 13 minutes. Every day motor vehicle crashes cause an average of 114 fatalities, totaling more than 41,500 over the course of a year. The second annual Put The Brakes On Fatalities Day will be celebrated on October 10, 2002 in Central Florida to encourage the public to take a greater stand in keeping themselves and their loved ones from becoming one of those statistics. The goal is to unite the country in achieving one full day of zero traffic deaths by encouraging safer behavior and actions and by promoting safer roadways. "Motor vehicle fatalities are the leading cause of death for all Americans from 6 to 33 years old. Whether as a driver, passenger, pedestrian or cyclist, by working together in a concerted effort, we can make a difference to stop the carnage on our nation's roads" said Engineer Gail Washington, President of the Central Chapter of the Florida Engineering Society and Project Manager for the HNTB Corporation. The good news is that by taking pro-active steps, the public can greatly reduce the odds of becoming a statistic. "First and foremost, drive as if your life depends on it," Er. Washington stated. "Driving defensively, obeying the posted speed limits, slowing down in bad weather and in special construction and school zones and not drinking and driving are just a few examples of how drivers can reduce their chances of being in a crash." continued Er. Washington. "Other important safety practices include buckling up every time on every trip, using appropriate child safety seats, wearing a helmet when cycling or skating and crossing the street in crosswalks," Er. Washington noted. October was selected for the new safety observance because it is among the peak months for traffic fatalities. In fact, October 9 was the most dangerous day of the year to be on the road in 1999: 207 people died in traffic crashes according to the National Highway Traffic Safety Administration (NHTSA). February 22 was the safest day to be on the road that year: 50 were killed in motor vehicle crashes. Put The Brakes On Fatalities Day promotes: Safer driving behaviors: Research by NHTSA shows that lap/shoulder seat belts reduce the risk of fatal injury to front-seat passenger vehicle occupants by 45 percent and child safety seats reduce fatal injuries by 71 percent for infants and 54 percent for toddlers. Yet only 70 percent of Americans buckle up. Even more troubling, 61 percent of children ages 15 and under killed in motor vehicle crashes in 1999 were completely unrestrained. Another troubling statistic is that 38 percent of all traffic fatalities are aIcohol-related. Imagine this, 43 of those 114 people killed every day in traffic . crashes could be saved this October 10 if all drivers did not drink and drive. Safer roadways: Poor road conditions and obsolete designs contribute too more than 15,000 highway deaths annually. Be especially alert. this October 10 for dangerous roadway hazards such as narrow roads and bridges, narrow shoulders that end in steep slopes or ditches and intersections that are poorly marked and lighted. Encourage state and local officials to design roadway improvements, such as adding rumple strips, better lighting and highly reflective signs, creating separate turn lanes at dangerous intersections, constructing median barriers or widening lanes. Safer vehicles: In. 1999, Americans traveled nearly 2.7 trillion miles in the more than 200 million registered vehicles on U.S. roads. Proper vehicle maintenance plays an important role in reducing crashes. Check your tires for proper inflation pressure, tread wear and alignment. Replace worn windshield wipers. If your vehicle has antilock brakes, operate them correctly by "stomping and steering" rather than pumping them. If you are buying a vehicle, consider safety devices and safety ratings as a top priority. Check out the NHTSA Web site at wwW.nlista.dot.gov for vehicle safety ratings. For more traffic safety tips and information, log on to the Put the Brakes on Fatalities Day Web site at www. brakes onfatal ites.ore. Together-we can make a difference. PLEASE DRIVE AS IF YOUR LIFE DEPENDS ON IT. Put The Brakes On Fatalities Day is coordinated by a coalition of more than 40 national safety organizations, federal, state and local government agencies and private sector companies (3M Corporation, AAA, Alliance of Automobile Manufacturers, American Ambulance Association, American Association of Motor Vehicle Administrators, American Association of State Highway &,Transportation Officials, American Council of Engineering Companies, American Highway Users Alliance, American Industrial Hygiene Association, American Public Health Association, American Road & Transportation Builders Association, American Traffic Safety Services Association, Associated General Contractors, California Department of Transportation, CH2M Hill, Commercial Vehicle Safety Alliance, Construction Industry Manufacturers Association, Design Build Institute of America, Emergency Nurses Association, Emergency Nurses CARE, Institute of Transportation Engineers, Koch Performance Roads, Inc., Missouri Society of Professional Engineers, National Academy of Forensic Engineers, National Association of Governors' Highway Safety Representatives, National Association of County Engineers, National Organization for Youth Safety, National Police Defense Foundation, National Safety Council, National Society of Professional Engineers, National Transportation Safety Board, Network of Employers for Traffic Safety, New York City Committee for Taxi Safety, Partnership for Prevention, The Road Information Program, Roadway Safety Foundation, USDOT / Federal Highway Administration, USDOT 1 Federal Motor Carrier Safety Administration USDOT /National Highway Traffic Safety Administration, and the US Naval Safety Center.) working together to reduce the death and injury toll of motor vehicle crashes. i i 1 ,, Y ?? ? ? _ ?? ? .. ? ?1" Amen*c'an Rose octe t ... Since 1892 w P, o. Box 30.000 • Shreveport, LA 7 1 1 30-0030 8877 Jefferson Paige Road • Shret,eporf, LA 71 119-8817 Phone: 318/938-5402 • Fax: 315/938-5405 • H.-iiiaih ars((!?arx-hgmrg September 8. 2002 TO: The City of Clearwater, Florida FROM: The American Rose Society Year of the' Rose - 2002 American Rose City Project Susan Barry, Chairman The American Rose Society sends greetings and congratulations to the City of Clearwater, Florida, for participating with excellence in the "Year of the Rose - 2002" celebration, honoring; the rose as the National Floral Emblem of America and as a worldwide symbol of love, peace, beauty, and friendship. Therefore, the American Rose Society hereby acknowledges and recognizes Clearwater, Florida, as an "American Rose City." Susan Barry American Rose City Chairman I CLEARWATER CITY COMMISSION Meeting Date: Item # As stated in Commission Rules, "Representatives of a group may speak for three minutes plus an additional minute for each person in the audience that waives their right to speak, up to a maximum of ten minutes." We the undersigned designate _ !2:?, OXc (please print) as our spokesperson and waive our right to speak. Signature Signature Signature ??o,etrtS ?? VVOTC- Print Name ..y Print Name Gro Ve w Print Name Print Name Print Name _ ??YLL Print Name gSlgnajt? CtPyp`1 k-*? YJ ?J ?? r} Print Name 11CH31CLERMFORMS\Public Comments at Com Mtg.doc Jan 9, 2002 9700-0034 < I ` _. .,_ _1 '',1`?•'?,' F .F 1t•r Fi.? ,• , t 1; f i ' ''; Er , .r 1. '. -ITEM. #' 7 , . k 'l I ? ?, 1 ' 1. . r ' . ' . ; ir, r l?,t e ' ' • ,. , . . ; Sj , v F ? i •1' i r ,i F .. Wort: session Itcrn • Clearwater City Commission Agenda Cover Memorandum Final Agenda Item # Meeting Date: 10103102 SUBJECT/RECOMMENDATION: Approve the applicant's request to vacate the southerly 5 feet of the 10 foot drainage and utility easement lying along the north property line of Lot 16, Countryside Tract 60, (AKA 2880 Meadow Wood Drive), as recorded in Plat Book 80, Pages 78 - 81, of the Official Records of Pinellas County, Florida, and pass Ordinance Number 7020-02 on first reading, (V2002-09 Dohrman-Wood), © and that the appropriate officials be authorized to execute same. SUMMARY: • The applicant is seeking vacation of the south S feet of the 10-foot drainage and utility easement and proposes to construct an in-ground swimming pool and pool deck in the subject easement portion. • Applicant received flex standard approval on September 12, 2002 from the Development Review Committee to permit the pool/pool deck closer than the required 10 feet setback from the rear property line as required by the Community Development Code. • Florida Power Corp., Time Warner Communications, Verizon Media Ventures and Verizon have no objections to the vacation requested. .• No City utilities. are present in the easement portion. • Pubic Works Administration has no objections to the vacation request. Reviewed by: Originating Dept: Costs NIA Legal Info Srvc NIA Public Works Total Administration ry? C ?JL Steve Doherty Budget q public Works User Dept. Funding Source: Purchasing NIA DCMIACM NIA Current FY Cl Risk Mgmt NIA Other I Attachments OP Ord. 7020.02 Other Submitted by: Location Map City Manager •}] ! j j / /? _ _ _ Appropriation Code: Printed on recycled paper ? VACATION 2002-09 Dahrman-Wood ORDINANCE NO. 7020-02 AN ORDINANCE OF THE CITY . OF CLEARWATER, FLORIDA, VACATING SOUTH 5 FEET OF THE 10-FOOT DRAINAGE AND UTILITY EASEMENT LYING ALONG THE NORTH PROPERTY LINE OF LOT 16, COUNTRYSIDE TRACT 60; PROVIDING AN EFFECTIVE DATE. WHEREAS, Cheryl J. Dohrman and Kenneth R. Wood owners of real property located in the City of Clearwater, have requested that the City vacate the drainage and utility easement depicted in Exhibit A attached hereto; and . WHEREAS, the City Commission finds that said easement is not necessary for municipal use and it is deemed to be to the best interest of the City and the general public that the same be vacated; now, therefore, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following: South 5 feet of the 10-foot drainage and utility easement lying along the North property line of Lot 16, Countryside Tract 60 as recorded in Plat Book 80, Pages 78-81, Public Records of Pinellas County, Florida is hereby vacated, and the City of Clearwater releases all of its rights in the servitude as described above to the owner of the servient estate thereto. Section 2. The City Clerk shall record this ordinance in the public records of Pinellas County, Florida, following adoption. Section 3. This ordinance shall take effect immediately upon adoption. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Approved as to form: ,Bryan' D. Ruff' ^ f Assistant City Attorney Brian J. Aungst Mayor-Commissioner Attest: Cynthia E. Goudeau City Clerk Ordinance No, 7020-02 EXHIBIT Sco% 1 50' This is not o survey 19 Co???g Jz 1s60 "At' ICE 20 ? 70 otl 17 16 o a /'7 L Vacation Requested By Applican t? 104 103 Eq r . -.1,? MEq?ow woo 15, CITY OF CLEARWATER, FLORIDA PUBLIC WORKS ADMINISTRATION ENGINEERING 102 0D. K- We INC VACATION REQUEST VAC2002-09 p4mm-r DOHRMAN WOOD •a, &0014 nr 2880 MEADOW WOOD DRIVE 2 OF e 07/22/2DO2 COUNTRYSIDE TRACT 60 -ou-2?- 17-2eSew-1wa SE MU LOT 16 P.B. 80 Pa, 78 'n O'n, Clearwater City Commission Work session Item o Agenda Cover Memorandum Final Agenda Item # Meeting Dale; 10103102 SUBJECTIRECOMMENDATION: Approve the applicant's request to vacate the 15-foot alley that lies along the west property line of Lots 11 and 12, Block 48, Mandalay Subdivision, as recorded in Plat Book 14, Pages 32 -- 35, of the Official Records of Pinellas County, Florida, (AKA 908 and 914 Narcissus Avenue) and vacate the alley lying along the south property line. of Lot 12, bounded on the east by the west right-of-way line of Narcissus Avenue and bounded on the west by a line 15 feet west of and parallel to the west property line of said Lot 12, and pass Ordinance Number 7021-02 on first reading, (V2002-10 Epley), © and that the appropriate officials be authorized to execute same.' SUMMARY: The applicant'proposes to construct a privacy fence irl the vacated alley portions adjacent to Lot 12. • The subject alley portions are unimproved and no city utilities are present. • Florida Power has overhead power lines in the north-south alleyway portion and does not object to the vacation request if a utility easement is retained over the full width of the alley. Time Warner Communications, Verizon Media Ventures and Verizon have no objections to the vacation requested. + No City utilities are present in the subject alley portions, • Pubic Works Administration has no objections to the vacation request. Reviewed b d Originating Dept:. Costs NIA Legal 2?? nfo Srvc N/A Public Works Administration Total Steve Doherty Budget NIA Public Works 4 ?Z User Dept.' Funding Source: Purchasing NIA DCM/ACM NIA Current FY cl Risk Mgmt NIA Other 1 ' Attachments OP Ord. 7021-02 Other Submitted by: ' Location Map City Manager ?•,1? Appropriation Code: Printed on recvcled paper VACATION 2002.10 Epley Family Trust ORDINANCE NO. 7021-02 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, VACATING THE 15-FOOT ALLEY LYING ALONG THE WEST PROPERTY LINES OF LOTS 11 AND 12, BLOCK 48, MANDALAY SUBDIVISION AND THE 15-FOOT ALLEY LYING ALONG THE SOUTH PROPERTY LINE OF SAID LOT 12, BOUNDED ON THE EAST BY THE WEST RIGHT-OF-WAY LINE OF NARCISSUS AVENUE AND BOUNDED ON THE WEST BY A LINE 15 FEET WEST OF AND PARALLEL TO THE WEST PROPERTY LINE OF SAID LOT 12, SUBJECT TO A DRAINAGE AND UTILITY EASEMENT WHICH IS RETAINED OVER THE FULL WIDTH THEREOF; PROVIDING AN EFFECTIVE DATE. WHEREAS, Epley Family. Trust, owner . of real property adjoining the alley described herein, has requested that the City vacate the alley depicted in Exhibit A attached hereto; and WHEREAS, the City Commission finds that said alley is not necessary for municipal use and it is deemed to be to the best interest of the City and the general public that the same be vacated; now, therefore, BE IT ORDAINED. BY THE CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following: the 15-foot alley lying along the west property line of Lots 11 and 12, Block 48, Mandalay Subdivision, as recorded in Plat Book 14, Pages 32 - 35, Public Records of Pinellas County, Florida, and vacate the 15-foot alley lying along the south property line of said Lot 12, bounded on the east by the west right-of-way line of Narcissus Avenue and bounded on the west by a line 15 feet west of and parallel to the west property line of said Lot 12. is hereby vacated, closed and released, and the City of Clearwater releases all of its right, title and interest thereto, except that the City of Clearwater hereby retains a drainage and utility easement over the described property for the installation and maintenance of any and all public utilities thereon. Section 2. The City Clerk shall record this ordinance in the public records of Pinellas County, Florida, following adoption. Section 3. This ordinance shall take effect immediately upon adoption. PASSED ON FIRST READING Ordinance No. 7021-02 EXHIBIT "A" scale 1 " -== ,50' This is not a survey 60 Vocation Requested RI/ Ann&-17 nf Z d (n (n U z 60 CITY OF CLEARWATER, FLORIDA PUBLIC WORKS ADMINISTRATION ENGINEERING VACA71ON REOUEST VA C2002-10 EPLEY omf 908 NARCISSUS AVENUE z Dr I LOT 12, OLK 4$ MANDALAY -785 lu ac -74'W PLAT BOOK 14 PAGES 32"35 7#021- K I F DANO of KtPLIN °,?`D. S.D. CAlt P LA ZA 07/a3/2 ORDINANCE NO. 7003-02 2" Reading elI AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,. ANNEXING CERTAIN REAL PROPERTY LOCATED ON THE EAST SIDE OF SOUTH BAYVIEW DRIVE AND ON THE NORTH AND SOUTH SIDES OF PENMAR DRIVE, NORTH OF OLD TAMPA BAY, CONSISTING OF A PORTION OF TRACTS B AND C, MYRON SMITH'S BAYVIEW SUBDIVISION, WHOSE POST OFFICE ADDRESS IS 3024, 3018, AND 3022 PENMAR DRIVE, 721 AND 723 BAYVIEW AVENUE, TOGETHER WITH THAT PORTION OF THE SOUTHERLY 275 FEET OF SOUTH BAYVIEW 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: See Legal Description attached hereto. (ANX 2002-05007) 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. Thr 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 September 19, 2002 _ PASSED ON SECOND AND FINAL READING AND ADOPTED Approved as to form: Leslie K. Dougall-Sides Brian J. Aungst Mayor-Commissioner Attest: Cynthia E. Goudeau Ordinance No. 7003--02 Assistant City Attorney City Clerk Legal Description for ANX 2002-05007 Ordinance No. 7003-02 Parcel I Begin at the NW corner of Tract "B" of Myron Smith's. Bayview Subdivision, according to the map or plat thereof as recorded in Plat Book 25, Page 57, Public Records of Pinellas County, Florida, then South 211106'48" East, 99.13 feet; thence North 67029'05"E, 25 feet for a Point of Beginning; thence continue on same bearing 75 feet; thence South 21006'48" East; 101.43 feet; thence South 67°29'05" West, 75 feet; thence North 21006'48" West, to the Point of Beginning. Parcel II That part of Tracts "B" and "C" of Myron A. Smith's Bayview Subdivision, recorded in Plat Book 25, Page 57, Public Records of Pinellas County, Florida, described as follows: Begin at the NE corner Tract "C" and run thence South 21008'48" East 99.13 feet to the South line of Lot sold to Nelson Karg, for a Point of Beginning; thence North 67029'05" East 23.5 feet to permanent reference monument; thence South 21006'4B" East 101.46 feet to permanent reference monument; thence South 67°29'05" West 100 feet; thence North 21006'48" West 101.46 feet; thence North 67029'05" East 76.5 feet to Point of Beginning. Part of Parcel V That part of Tract "B", Myron A. Smith's Bayview Subdivision, recorded in Plat Book 25, Page 57, Public Records of Pinellas County, Florida more particularly described as follows: From the Northwest corner of Tract "B", run thence South 21006'48" East along the Westerly line of said Tract "B", 260.24 feet, thence North 68052'12" East, 25.0 feet for the Point of Beginning, thence continue North 68053'12" East, 75.0 feet, thence South 21°06'48" East 100,0 feet, thence South 68053'12" West 75.0 feet, thence North 21006'48" West 100.0 feet to the Point of Beginning. Parcel VII That part of Tract "C", Myron A. Smith's Bayview Subdivision, recorded in Plat Book 25, Page 57, Public Records of Pinellas County, Florida, described as follows: From the Northwesterly corner of said Tract "C", run South 21006'48" East, 253.73 feet, thence South 68053'12" West, 104.61 feet; thence South 21006'48" East, 177.0 feet for the Point of Beginning; thence continue South 21006'48" East, 100 feet, thence North 68053'12" East, 100 feet, thence North 21 006'48" West, 100 feet; thence South 68053'12" West, 100 feet to the Point of Beginning. Ordinance No. 7003-42 Parcel VIII Part of Tract'"C", Myron A. Smlth's. Bayview Subdivision, recorded in Plat Book 25, Page 57, Public Records of Pinellas County, Florida more particularly described as follows: From the most northwesterly corner of said Tract "C", run.South 21006'48" East, 253.73 feet, thence South 68053'12 West, 104.61 feet; thence South 211,06'4.8" East, 277.0 feet ' . , for the. Point of Beginning, thence North 21°06'48" East, 100.00 feet, thence North 68°53'12"West, 100.0,0, feet to the Point of Beginning. Together with that portion of the southerly 275 feet of South Bayview Avenue not currently within City limits. Ordinance No. 7003-02 j 2nd Heading ORDINANCE NO. 7004.02 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 DESIGNATING INITIAL LAND USE CATEGORY FOR ANNEXED PROPERTY LOCATED ON THE EAST SIDE OF SOUTH BAYVIEW DRIVE AND ON THE NORTH AND SOUTH SIDES OF PENMAR DRIVE, NORTH OF OLD TAMPA, CONSISTING OF A PORTION OF TRACT "B" AND "C", MYRON A. SMITH'S BAY VIEW SUBDIVISION, WHOSE POST OFFICE ADDRESS IS (MULTIPLE ADDRESSES), FROM RESIDENTIAL LOW (RL) TO INSTITUTIONAL (1); PROVIDING AN EFFECTIVE DATE. . WHEREAS, the amendment to the future land use plan element of the comprehensive plan of the City as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's comprehensive plan; now, therefore, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The future land use plan element of the comprehensive plan of the City of Clearwater is amended by designating the land use category for the hereinafter described property as follows: Property Land Use Category See legal description attached hereto From: Residential Low (RL) (LUZ 2002-05006 To: Institutional (1) 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 § 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. PASSED ON FIRST READING September 19, 2002 PASSED ON SECOND AND FINAL READING AND ADOPTED Approved as to form: ? ' LC {lC e ' --t " r,L Leslie K. Drug II-Sides Assistant City Attorney Brian J. Aungst Mayor-Commissioner Attest: Cynthia E. Goudeau City Clerk Ordinance No. 7004-02 Legal Description for LUZ 2002-05006 Parcel I Begin at the NW corner of Tract "B" of Myron Smith's Bayview Subdivision, according to the map or plat thereof as recorded In Plat Book 25, Page 57, Public Records of Pinellas County, Florida, then South 21006'48" East, 99.13 feet; thence North 67029'05"E, 25 feet for a Point of Beginning; thence continue on same bearing 75 feet; thence South 21006'48" East; 101.43 feet; thence South 67029'05" West, 75 feet; thence North 21°06'48" West, to the Point of Beginning. Parcel 11 That part of Tracts "B" and "C" of Myron A. Smith's Bayview Subdivision, recorded in Plat Book 25, Page 57, Public Records of Pinellas County, Florida, described as follows: Begin at the NE corner Tract "C" and run thence South 21008'48" East 99.13 feet to the South line of Lot sold to Nelson Karg, for a Point of Beginning; thence North 67029'05" East 23.5 feet to permanent reference monument; thence South 21006'48" East 1,01.46 feet to permanent reference monument; thence South 67029'05" West 100 feet; thence North 21006'48" West 101.46 feet; thence North 67029'05" East 76.5 feet to Point of Beginning. Together with: That part of Tracts "B" and "C", Myron A. Smith's Bayview Subdivision, recorded in Plat Book 25, Page 57, Public Records of Pinellas County, Florida, being further described as follows: Commence at the most Northwesterly corner of said Tract "C", thence along the Westerly line of said tract, South 21006'48" East, 253.73 feet to the Southerly line of Penmar Drive (width varies) for the Point of Beginning; thence along said line thence North 68053'12" East, 365.82 feet, thence South 21007'07" East, 330 feet, more or less, to the mean high water line of Old Tampa Bay, thence Southwesterly along said line, 500 feet, more or less to the Easterly right-of-way line of Bayview Avenue; thence along said right-of-way line, North 21006'48" West, 500 feet, more or less, to said Southerly line of Penmar Drive thence along said Southerly Line, North 68053'12" East, 104.61 feet. to the Point of Beginning. Ordinance No. 7004-02 All I. AM BIOS C Au WOL nu ?- INS AIOL ? suiev[yt_] RU nu Ru INS RLM nu Au ALM Ru RU RIOL Ru ?S o ALAI U RU IN RU AFH WS RU RU 0 RU RU Au © C Gt RU RU ------------- --- AM CG CG co ca CG CO Gulf to Ba Blvd 0 c CG co INS CG ALM RU ALM TAI Au Ru RH RL RU a;RL. ALM I Z O O ? AM AH i 4 } INS *? i RL r? A irr t9 tuUU101203 2 0 6 / WATER rrrr r 3 0 NO 5 ?8/ 66A3 00/000%0309 3 r Old'?fampa 93a.f 1 WATER 16129/ 6/8 08/000/0306 16/2011g8g/g8g3106/00010807 3 3 9/ 9/ B/83?08/000/03 p n 0 LAND USE PLAN MAP OWNER: Our Lady of Divine Providence House of Prayer, Inc. CASE L.UZ 2002-05008 SITE: S. Bayview Ave. & Penmar Dr. PROPERTY SIZE (ACRES): 3.08 ZONING LAND USE .`-- FROM: LDR Aasldentlul Low ATLAS PAGE: 301A TO: I I Ordinance NO. 7004-02 2"'' Reading ORDINANCE NO. 7005-02 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY BY REZONING CERTAIN PROPERTY DESIGNATING INITIAL ZONING FOR ANNEXED PROPERTY LOCATED ON THE EAST SIDE OF SOUTH BAYVIEW DRIVE AND ON THE NORTH AND SOUTH SIDES OF PENMAR DRIVE, NORTH OF OLD TAMPA BAY, CONSISTING OF A PORTION OF TRACT B AND C, MYRON A. SMITH'S BAY VIEW SUBDIVISION, WHOSE POST OFFICE ADDRESS IS (MULTIPLE ADDRESSES), FROM LOW DENSITY RESIDENTIAL (LDR) TO INSTITUTIONAL (1); 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 CF 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: Prope[ly See legal description attached hereto (LUZ 2002-05006) Zoning District From: Low Density Residential (LDR) To: Institutional (1) 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 700402 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 PASSED ON SECOND AND FINAL READING AND ADOPTED Approved as to form: Leslie K. Dougali-Sides Assistant City Attorney September 19, 2002 Brian J. Aungst ' Mayor-Commissioner Attest: Cynthia E. Goudeau City Clerk Ordinance No. 7005-02 Legal Description for LUZ 2002-05006 Parcel I Begin at the NW corner of Tract "B" of Myron Smith's Bayview Subdivision, according to the map or plat thereof as recorded in Plat Book 25, Page 57, Public Records of Pinellas County, Florida, then South 21 °06'48" East, 99.13 feet; thence North 67129'05"E, 25 feet for a Point of Beginning; thence continue on same bearing 75 feet; thence South 21106'48" East; 101.43 feet; thence South 67°29'05" West, 75 feet; thence North 21006'48" West, to the Point of Beginning. Parcel 11 That part of Tracts "B" and "C" of Myron A, Smith's Bayview Subdivision, recorded in Plat Book 25, Page 57, Public Records of Pinellas County, Florida, described as follows: Begin at the NE corner Tract "C" and run thence South 21008'48" East 99.13 feet to the South line.of Lot sold to Nelson Karg, for a Point of Beginning; thence North 67°29'05" East 23.5 feet to permanent reference monument; thence South 21006'48" East 101.46 feet to permanent reference monument; thence South 67029'05" West 100 feet; thence North 21006'48" West 101.46 feet; thence North 67029'05" East 76.5 feet to Point of Beginning. Together with: That part of Tracts "B" and "C", Myron A. Smith's Bayview Subdivision, recorded in Plat Book 25, Page 57, Public Records of Pinellas County, Florida, being further described as follows: Commence at the most Northwesterly corner of said Tract "C", thence along the Westerly line of said tract, South 21006'48" East, 253.73 feet to the Southerly line of Penmar Drive (width varies) for the Point of Beginning; thence along said line thence North 68053'12" East, 365.82 feet, thence South 21°07'07" East, 330 feet, more or less, to the mean high water line of Old Tampa Bay, thence Southwesterly along said line, 500 feet, more or less to the Easterly right-of-way line of Bayview Avenue; thence along said right-of-way line, North 21006'48" West, 500 feet, more or less, to said Southerly line of Penmar Drive thence along said Southerly Line, North 68053'12" East, 104.61 feet to the Point of Beginning. 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[?• ?},' "'V Q i' t 1 ??'Fi s 1•' }F:: ri'CS.^ ? d 1 f` J ,1 st4t 32/02 0 9 3 tA NN,{,Ft Y? yl1,a t3."3 t s'r}. ,?r?., • «"?' nrh? i' il:""rti £F.. rs,' trz pL ,h},t,tf 7''r77. ,:.ar$1??; ., f:}['vJ. `1.;,k:3a :?y;1'" ';?,%3?. •'iir.7 + „' "''?'. ;r. :Ptty;: •'.`n 'i.' _ti;?.y,?•':„7yd +fx:'sa;" '- :?, .,y'l.1 .`7. 'F i`?0 :7,? i J''i •. ," .? a S 0'? •?'D n 5+A / i ..1.•41 j,1 :,1,(•}?,•\S? '•Y'.! :It ?'• '', v ?rT 11,. 17.?r: .?s fir'/1; ;y;Fi a' ,. :i•,1. 6]7076 ` ?1 ?,';?ia'' `•r:- ,"1'a,?'"ti?jr iJS?.'}?'? r,'+: 4 LJ 5 qtb 637-10 92 32 03 itit 4;} .9776-125 / 116 TRACT C 32/0'1 /0? r ' l ,. ?`?FPV1A?6 cQ?l?> PIN: 1g/gig ;6/83108/000/02ab G 2r? y?` ?? 6129/1gg!g 3 08! ! 00 18/29/18/B3100 /OOa1 0306 4 16/20118183108!000/0306 STATE F 16/2g9g110188p31106/00p0p/0g3g90977g 18/29/ 8/83106/00(1/g388 161201 61831061000/0310 Zoning Map OWNER: Our Lady of Divine Providence House of Primer,- Inc. __ - -TCASE-LUZ 2002-05006 SITE: S. Bayview Ave. & Penmar Dr. PFiCPERTY SIZE (ACRES): 3.08 -----------ZONING LAND U5E??------- FROM LDn n0aldenllaf Low ATLAS PAGE: 301A TO: I I Ordinance NO. 7005'-02 2"`' Reading ORDINANCE NO. 7009-02 Revieed 9-1 C. I7 / I I AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE OPERATING BUDGET FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 2002 TO REFLECT INCREASES AND DECREASES IN REVENUES AND EXPENDITURES FOR THE GENERAL FUND, SPECIAL DEVELOPMENT FUND, SPECIAL PROGRAM FUND, LOCAL HOUSING ASSISTANCE TRUST FUND, WATER & SEWER FUND, STORMWATER FUND, GAS FUND, SOLID WASTE FUND, RECYCLING FUND, PARKING FUND AND ADMINISTRATIVE SERVICES FUND, AS PROVIDED HEREIN; PROVIDING AN EFFECTIVE DATE, WHEREAS, the budget for the fiscal year ending September 30, 2002, for operating purposes, including debt service, was adopted by Ordinance No. 6842-01; and . WHEREAS, at the Third Quarter Review it was found that increases and decreases are necessary in the total amount of $ 7,881,685 for revenues and $ 4,827,475 for expenditures; and WHEREAS, a summary of the amended revenues and expenditures is attached hereto and marred Exhibit A; and WHEREAS, Section 2.519 of the Clearwater Code authorizes the City Commission to provide for the expenditure of money for proper purposes not contained in the budget as originally adopted, due to unforeseen circumstances or emergencies arising during..the fiscal year; now, therefore, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA: Sertinn 1. Section I of Ordinance No. 6842-01 is amended to read: Pursuant to the Amended City Manager's Annual Report and Estimate for the fiscal year beginning October 1, 2001 and ending September 30, 2002 a copy of which Is on file with the City Clerk, the City Commission hereby adopts an amended budget for the operation of the City, a copy of which is attached hereto as Exhibit A. SPrrtinn 2. This ordinance shall take effect immediately upon adoption. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED AP r ive 'd as to form: Pamela . Akin, City Attorney September 19, 2002 Brian J. Aungst, Mayor-Commissioner Attest: Cynthia E. Goudeau, City Clerk Ordinance No. 7009.02 EXHIBIT A Original Budget 2001102 First Quarter Amended Budget 2001102 Mid Year Amended Budget 2001102 Third Quarter Amended Budget 2001102 udget Amendment General Fund: Property Taxes 28,115,300 28,115,300 28,115,300 28,418,300 303,000 Sales Tax ' 12,850,000 12,850,000 12,850,000 12,894,770 44,770 Franchise Fees 6,858,720 8,858,720 7,101,010 7,101,010 Utility Taxes 10,798,580 10,798,580 10,509,050 10,559,050 50,000 Licenses & Permits 3,182,360 3,182,360 3,182,360 3,132,360 -50,000 Fines, Forfeitures or Penalties 1,525,880 1,525,880 1,525,880 1,671,640 145,760 Intergovernmental Revenue 9,417,060 9,417,060 9,417,060 9,450,940 33,880 Charges for Services 2,002,500 1,988,060 1,988,060 1,896,100 -91,960 Use and Sale of City Property and Money 1,240,860 1,240,860 1,255,440 1,259,060 3,620 Miscellaneous Revenues 309,290 322,620 322,620 322,620 interfund Charges/Transfers 11,696,090 11,701,230 11,784,530 11,833,130 48,600 Transfer from (to) Surplus 313,000 605,440 765,340 378,770 -386,570 Total General Fund 86,308,640 88,606,110 88,816,650 88,917,750 101,100 2001.02 BUDGET REVENUE Special Revenue Funds: Special Development Fund 19,549,560 19,930,834 21,158,845 21,308,845 Special Program Fund 2,027,720 4,943,338 5,826,232 8,066,387 Local Housing Asst Trust fund 873,440 873,440. 873,440 873,440 Utility & Other Enterprise Funds: Water & Sewer Fund 44,760,020 44,784,020 45,369,020 45,369,020 Slormwater Utility Fund . 5,646,780 7,012,890 7,019,890 6,899,890 Solid Waste Fund 15,817,300 15,947,300 16,121,000 16,266,000 Gas Fund 28,384,970 30,040,060 29,789,140 29,117,900 Recycling Fund 2,357,140 2,320,140 2,214,800 2,257,800 Marine and Aviation Fund 3,372,530 3,372,530 3,372,530 3,372,530 Parking Fund 4,204,720 4,204,720 4,423,920 10,423,920 Harborvlew Center Fund 2,396,670 2,396,670 2,396,670 2,396,670 Internal Service Funds: Administrative Services Fund General Services Fund Garage Fund Central Insurance Fund 8,066,680 8,059,610 3,240,040 3,240,040 8,983,680 8,983,680 14,353,620 14,654,300 8,154,610 8,148,280 3,240,040 3,240,040 9,018,680 9,018,680 14,654,300 14,654,300 150,000 2,240,155 .120,000 145,000 -671,240 43,000 6,000,000 -6,330 Total, AD Funds 252,344,510 259,368,682 262,449,767 270,331,452 7,881,885 Ordinance #7009-02 ' EXHIBIT A (Continuod) 2001-02 BUDGET EXPENDITURES First Third Quarter Mid Year Quarter Original Amended Amended Amended Budget Budget Budget Budget Budget 2001/02 2001102 2001102 2001102 Amendment General Fund: City Commission 270,400 253,780 253,780 253,780 City Manager's Office 783,380 783,380 783,380 783,380 City Clerk 1,293,480 1,293,480 1,293,480 1,293,480 Development Services 2,858,860 3,022,760 3,163,860 31163,860 Economic Development 961,240 1,436,470 1,466,470 1,466,470 Finance & City Audit 2,046,660 2,046,660 2,045,380 2,038,380 -7,000 Fire 15,502,390 15,502,390 15,486,390 15,486,390 Human Relations 488,430 488,430 488,430 488,430 Human Resources 1,131,250 1,131,250 1,148,530 1,198,530 50,000 Legal 1,259,130 1,147,120 1,347,120 1,437,120 90,000 Library 4,541,310 4,541,310 4,541,310 4,541,310 Marine & Aviation 507,390 507,390 507,390 512,390 51000 Non-Departmental 2,773,590 3,285,360 3,118,760 3,061,240 -57,520 Office of Management & Budget 267,020 267,020 267,020 269,020 2,000 Parks & Recreation 14,745,550 14,745,550 14,7451550 14,749,170 3,620 Police 27,888,810 27,882,140 27,884,330 27,899,330 15,000 Planning 1,749,960 1,025,830 1,025,830 1,025,830 Public Communications 910,400 895,400 895,400 895,400 Public Works Administration 8,350,390 8,350,390 8,354,240 8,354,240 Special Revenue Funds: Special Development Fund 18,646,110 19,027,384 20,295,395 20,295,395 Special Program Fund 1,932,720 4,848,338 5,731,232 7,971,387 Local Housing Asst Trust Fund 873,440 873,440 873,440 873,440 Utility & Other Enterprise Funds: Water & Sewer Fund 44,760,020 44,784,020 45,369,020 43,344,020 Stormwater Utility Fund 5,646,760 6,453,630 6,601,630 5,401,630 Solid Waste Fund 15,812,190 15,861,990 15,908,640 15,950,640 Gas Fund 27,168,920 27,921,110 27,688,860 27,281,870 Recycling Fund 2,357,140 2,320,140 2,214,800 2,248,800 Marine and Aviation Fund 3,352,250 3,352,250 3,352,250 3,352,250 Parking Fund 3,119,220 3,274,920 3.494,120- 9,542,660 Harborview Center Fund 2,396,670 .2,396,670 2,396,670 2,396,670 Intemal Servlce Funds: Administrative Services Fund General Services Fund Garage Fund Central Insurance Fund 8,066,680 8,059,610 3,222,950 3,222,950 8,983,680 8,916,530 12,086,800 12,446,850 8,154,610 8,148,280 3,222,950 3,222,950 8,916,530 8,916,530 12,44 6,850 12,446, 850 2,240,155 -2,025,000 -1,200,000 42,000 -406,990 34,000 6,048,540 -6,330 Total, All Funds 246 735,210 252.365 942 255,483,647 260,311,122 4,827,475 Ordinance #7009.02 2`1 Reading ORDINANCE NO. 7010-02 IAN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,' AMENDING THE CAPITAL IMPROVEMENT BUDGET FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 2002, TO REFLECT A NET INCREASE OF $4,943,434 PROVIDING AN EFFECTIVE DATE. . WHEREAS, the Capital Improvement Budget for the fiscal year ending September 30, 2002 was adopted by Ordinance No. 6843-01; and WHEREAS, Section 2.519 of the Clearwater Code authorizes the City Commission to provide for the expenditure of money for proper purposes not contained in the budget as originally adopted due to unforeseen circumstances or emergencies arising during the fiscal year; now, therefore, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA; Section 1. Section 1 of Ordinance No. 6843-01 is amended to read: Pursuant to the Third Quarter Amended Capital Improvement Program Report and Estimated Budget for the fiscal year beginning October 1, 2001 and ending September 30, 2002, a copy of which is on file with the City Clerk, the City Commission hereby adopts a Third Quarter Amended budget for the capital improvement fund for the City of Clearwater, a copy of which is attached hereto as Exhibit A. % Section 2. This ordinance shall take effect immediately upon adoption. PASSED ON FIRST READING September 19, 2002 PASSED ON SECOND AND FINAL READING AND ADOPTED Approved as to form: I ?jl il,? Pamela K. Akin City Attorney. Brian J. Aungst Mayor Commissioner Attest: Cynthia E. Goudeau City Clerk Ordinance 47010-02 M-3i, it,: ,a.+1 EXHIBIT A CAPITAL IMPROVEMENT PROGRAM FOR FISCAL YEAR 2001102 First Qtr Mid Year Third Qtr Original Amended Amended Amended Budget Budget Budget Budget 2001102 2001102 2001/02 2001102 Amendments Police Protection 500,000 463,180 463,180 493,180 30,000 Fire Protectiorti 2,173,200 2,153,273' 3,216,085 3,414,735 198,650 New Street Construction 0 34,380 34,380 38,380 .4,000 Major Street Maintenance 4,986,620 5,163,125 5,278,486 5,278,486 Sidewalks and Bike Trails 0 0 0 0 Intersections 435,000 435,000 435,000 435,000 Parking 3,300,000 3,300,000 1,800,000 7,800,000 6,000,000 Miscellaneous Engineering 175,000 -18,847,533 -3,383,360 -3,368,360 15,000 Leisure 0 1,976,875 1,976,875 250,000 (1,726,875) Park Development 3,540,000 3,601,227 3,691,227 3,591,227 (100,000) Beautification 0 0. 0 0 Marine/Aviation Facilities 715,000 1,138,495 1,212,495 1,212,495 Libraries 5,737,900 5,803,825 5,807,222 5,844,542 37,320 .,Garage 2,842,210 2,851,234 3,004,184 3,002,705 (1,479) Maintenance of Buildings .512,000 533,479 577,479 574,958 (2,521) General Public Buildings & Equipment 0 -21,345 17,285 17,285 Miscellaneous ' 1,405,200 1,582,985 1,380,056 1,484,333 104,277 Stormwater Utility 5,954,620 22,382,298 22,888,848 19,996,302 (2,892,546) Gas System 2,485,490 2,485,490 2,485,490 2,485,490 Solid Waste 515,000 515,000 515,000 515,000 Utilities Miscellaneous 226,670 190,125 190,125 190,125 Sewer System 11,420,170 11,416,250 11,416,250 13,577,095 2,160,845 Water System .14.195.460 14,305,460 15,583,090 16,699,853 1,116,763 Recycling 225,000 44,350 44,350 44,350 TOTAL 61,344,540 61,507,173 78,633,747 83,577,181 4,943;434 Ordinance # 7010-02 EXHIBIT A CAPITAL IMPROVEMENT PROGRAM FOR FISCAL YEAR 2001102 First Qtr Mid Year Third Qtr Original Amended Amended Amended Budget Budget Budget Budget 2001102 .2001102 2001/02 2001102 Amendments GENERAL SOURCES: General Operating Revenue 1,386,060 1,780,124 2,156,265 2,454,815 298,550 General RevenuelCounty Co-op 124,940 124,940 124,940 124,940 Special Development Fund 1,594,000 1,594,000 1,594,000 1,494,000 (100,000) Community Redevelopment Agency 0 223,582 223,582 223,582 Downtown Development Board 0 0 0 0 Road Millage 1,881,620 1,881,620 1,881,620 1,881,620 Recreation Facility Impact Fees 245,000 245,000 409,000 409,000 Recreation Open Space Impact. Fee Recreation Land Impact Fee Recreation Land Impact Fees 0 0 0 .0 Transportation Impact Fees 290,000 290,000 290,000 290,000 Penny for Pinellas 5,586,800 5,968,074 7,072,084 7,072,084 Penny for Pinellas Bond Penny for Pinellas Bond 0 .0 0 0 Development Impact Fees 75,000 75,000 75,000 75,000 Local Option Gas Tax 1,750,000 1,750,000 1,750,OOC 1,750,000 Grants - Other Agencies 1,305,000 3,029,733 4,833.613 3,106,738 (1,726,875) Intarest 0 30,925 30,925 18,245 (12,680) Donations 5,000,000 5,035,000 5,035,300 5,130,300 95,000 City of Safety Harbor 0 0 0 0 Insurance Reimbursement 0 52,605 52,605 56,605 4,000 SELF SUPPORTING FUNDS: MarinelAvlation Revenue 470,000 470,000 470,000 470,000 Parking Revenue 306,000 306,000 491,200 6,491,200 6,000,000 Water Revenue 674,500 674,500 674,500 674,500 Sewer Revenue 3,113,500 3,113,500 3,113,500 3,113,500 Reclaimed Water 0 0 0 0 Water Impact Fees 220,000 220,000 220,000 220,000 Water R & R 2,108,000 2,108,000 2,108,000 2,108,000 Sewer R & R 1,484,000 1,484,000 1,484,000 1,484,000 Sewer Impact Fees 200,000 200,000 200,000 200,000 Gas Revenue 2,517,990 2,537,990 2,537,990 2,537,990 Solid Waste Revenue 515,000 515,000 515,000 515,000 Stormwater Utility 559,150 252,849 252,849 252,849 Stormwater Utility Retention Rev 84,060 84,060 84,060 84,060 Recycling Revenue 225,000 195,790 195,790 195,790 Grants 544,000 5,879,000 5,879,000 6,761,271 882,271 Property Owner Share 0 0 0 22,367 22,367 INTERNAL SERVICE FUNDS: Admin Services Fund 400,000 400,000 495,000 1,959,735 1,464,735 Garage Fund 165,410 98,261 98,261 98,261 General Services Fund 250,000 250,000 250,000 250,000 Ordinance 117010.02 EXHIBIT A CAPITAL IMPROVEMENT PROG RAM FOR FISCAL YE AR 2001/02 First Qtr Mid Year Thlyd Qtr Original Amended Amended Amended Budget Budget Budget Budget 2001102 2001102 2001102 2001102 Amendments BORROWING - GENERAL SOURCES: Lease Purchase 755,000 629,091 616,853 616,853 SELF-SUPPORTING FUNDS: .. Lease Purchase - Sewer 59,400 55,480 55,480 26,505 (28,975) Lease Purchase - Water 29,400 4,400 4,400 4,400 Lease Purchase - Stormwater Utility 0 -306,301 . -306,301 -3,397,065 ' Lease Purchase - Recycling Bond Issue - Parking 1,500.000 1,500,000 -185,200 -185,200 Bond Issue - Stormwater Utility 3,892,080 15,729,183 15,729,183 12,638,419 (3,090,764) Bond Issue -Water & ,Sewer 17,631,830 17,631,830 17,631,830 20,231,993 2,600,163 INTERNAL SERVICE FUNDS: Garage Lease/Purchase 2,676,800 2,713,073 2,713,073 2,713,073 General Services Lease/Purchase Adman Svcs Lease/Purchase 695,000 695,000 290,480 -1,173,878 (1,464,356) TOTAL ALL FUNDING SOURCES: 60,314,540 79,521,308 81,147,882 _ 83,000,552 4,943,434 f . Ordinance # 7010.02 ORDINANCE NO. 7014-02 2nd Reading AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, VACATING THE DRAINAGE AND UTILITY EASEMENT RETAINED OVER THE VACATED PORTIONS OF PARK STREET AND EWING AVENUE BEGINNING AT THE NORTHWEST CORNER OF LOT 1, BLOCK 3, MAGNOLIA PARK AND THE NORTH 10 FEET OF THE 20- FOOT UTILITY EASEMENT PORTION LYING SOUTH OF LOT 9 OF TACK AND WARREN; PROVIDING. AN EFFECTIVE DATE. WHEREAS, City of Clearwater, owner of real property located in the City of Clearwater, has requested that the City vacate the drainage and utility easement depicted' in Exhibit A-attached hereto; and WHEREAS, the City Commission finds that said easement is not necessary for municipal use and it is deemed to be to the best interest of the City and the general public that the same be vacated; now, therefore, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA: Section'l. The following: See legal description attached hereto is hereby vacated, and the City of Clearwater releases all of its rights in the servitude as described above to the owner of the servient estate thereto. Section 2. The City Clerk shall record this ordinance in the public records of Pinellas County, Florida, following adoption. Section 3. This ordinance shall take effect immediately upon adoption. PASSED ON FIRST READING September 19, 2002 PASSED ON SECOND AND FINAL READING AND ADOPTED Approved as to form: Wyan.D. Ruff ' Asslstant'City Attorney Brian J. Aungst Mayor-Commissioner Attest: Cynthia E. Goudeau City Clerk Ordinance No. 7014-02 Vacate 'the drainage and utility easement retained over the vacated portions of -Park Street and Ewing Avenue more particularly described as beginning at the Northwest corner of Lot 1, Block 3, Magnolia Park, as recorded in Plat Book 1, Page 70 of the Public Records of Hillsborough County, Florida, of which Pinellas County was once a part; thence N00°17'56"W, 60.00 feet; thence N89°57'12"E, 488.52 feet; thence S00°02'48"E, 60.00 feet; thence, S00°17'56"E, .65,30 feet; thence N89°57'12"E, 1,11 feet; thence S00°20'23"E, 69.20 feet; thence S89°57'12"W, 6,00 feet; thence S00°20'23"E, 50.00 feet; thence S89°57'12"W, 6.00 feet; thence S00°20'23"E, 80,50 feet; thence S89°57'12"W, 30.00 feet; thence NO0°20'23"W, 196,52 feet; thence N89°57'12"E, .11.59 feet; thence N00°17'56"W, '68.48 feet, thence S89°57'12"W, 458.95 feet to the point of beginning. (Containing '38,736.79 S.F., M,O,L.) and vacate" the north 10 feet of the 20 foot utility i easement portion lying south of Lot 9 of Tack, and Warren as recorded in Plat Book 21, Page 48 of the Official Records of Pinellas County, Florida. Ordinance Igo, 7014.02 NOi H Scale 1" = 150' z 'a O in Exhibit "A" This is not a st iley 1 M 2 G 3 p 4 IA S s 7 acute s R 11793 772: 16 15 14 13 12 11 10 9 PARK STREET T AC & HIV' RR N 4 5 6 7 8 9 10 . 11 1 576 9 4618-14.40 3 e Rat. Inod 2 2 16 15 w a 3 r2l- -4E - 1 M 1 PIERCE Z7 m 24 23 u LffLl r Lu z a w a- O CL F- D O En STREET . N 15 ? z 334 3 4 a a 1 2 3 4 A 5 K 6 - 7 _ _ 8 J 10 1 2 19 18 17 16 15 13 - 12 11 1-41 3 0 & 3- 43 14 ac. R /W Pa St. t70r 1155 11793-7721 1 1 nest ur. MO.3 sMt. 1 510 1 V 4795-9(094 1 105 6-9 16 2 17 s 3 a 4 9 ? c. R/W Pierce 5t. DrAW11. Eamt. 11701-1155 6 21 7 871-1044 22 8 r. Uluivement z 6404-t 4J 1 3 6 7 8 0 SUBJECT EASEMENTS TO Reading ORDINANCE NO. 7036-02 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, RELATING TO THE CITY OF CLEARWATER MONEY PURCHASE PENSION PLAN; AMENDING SECTION 2.492, CODE OF ORDINANCES, AND SECTION 5.1 (a) OF THE MONEY PURCHASE PLAN DOCUMENT TO PROVIDE AN INCREASE IN THE AMOUNT OF EMPLOYER CONTRIBUTION FOR THE POLICE CHIEF AND MANAGEMENT CONTRACT EMPLOYEES AND ASSISTANT CITY ATTORNEYS; PROVIDING'AN EFFECTIVE DATE. WHEREAS, the City has established the City of Clearwater Money Purchase Pension Plan (the "Plan"), as subsequently amended; and WHEREAS, the City is granted authority to amend the Plan; and WHEREAS, the City has determined that it is in the best interest of participants to further amend the Plan; now, therefore, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA: Section 1. Section 2.492, Code of Ordinances, is amended to read: Sec. 2.492. Contributions. (a) Employer Contributions. For each plan year, the employer shall contribute to the trust on behalf of each participant employed by the employer an amount equal to: 15 percent of compensation on behalf of the city manager and the city attorney; 14 42 percent of compensation on 'behalf of the chief of police; and eight six percent of compensation on behalf of management contract employees (excluding the chief of police) and assistant city attorneys. The employer will make bi-weekly contributions to the trust throughout the plan year to meet its funding obligations under the plan. (b) Employee Mandatory Contributions. For each plan year, the city manager and the city attorney shall contribute an amount equal to two percent of compensation and the chief of police shall contribute an amount equal to six (6) percent of compensation bi-weekly to the trust, The mandatory contributions made by employees under the plan shall be designated as employer contributions pursuant to section 414(h) of the code. Such designation is contingent upon the contributions being excluded from the employees' gross income for federal income tax purposes, For all other purposes of the plan, such contributions shall be considered employee contributions. E-mployee-mandatory-contdbutions-te-the-plan-shall-be4ull"ested-at-all times- Ordinance No, 7036-02 (c) Vesting. Participants shall . be immediately 100% vested in all contributions made pursuant to this section. Section 2. The City of Clearwater hereby adopts the First Amendment to the First Restatement of the City of Clearwater Money Purchase Pension Plan (the "Plan") effective October 1; 2002, substantially in the form attached hereto as Exhibit A and made a part hereof. Section 3. This ordinance shall take effect October 1, 2002. PASSED ON FIRST READING September 19, 2002 PASSED ON SECOND AND FINAL READING AND ADOPTED Brian J.'Aungst, Mayor-Commissioner Approved as to form: Attest: ; t.. Pamela K. Akin, City Attorney Cynthia E. Goudeau, City Clerk 2 Ordinance No. 7036-02 FIRST AMENDMENT TO THE FIRST RESTATEMENT OF THE CITY OF CLEARWATER MONEY PURCHASE PENSION PLAN This First Amendment to the First Restatement of the City of Clearwater Money Purchase Pension Plan is made and entered into this day of , 2002, but is effective for all purposes as of , by the City of Clearwater (tile "City"). WITNESSET11: WHEREAS, the City has previously adopted the City of Clearwater Money Purchase Pension Plan (the "Plan"), as subsequently amended; and WHEREAS, pursuant to the terms of the Plan the City is authorized and empowered to amend the Plan; and WHEREAS, the City deems it advisable and in the best interest of Participants to amend the Plan. NOW, THEREFORE, Section 5.1 of the Plan is amended to read as follows: 5.1 Employer Contributions. (a) Employer Contributions. For each Plan Year, the Employer shall contribute to the Trust on behalf of each Participant employed by the Employer an amount equal to: 15% of Compensation on behalf of the City Manager and the City Attorney; 14% of Compensation on behalf of the Chief of Police; and 8% of Compensation on behalf of Management Contract, Employees (excluding the Chief of Police) and Assistant City Attorneys. The Employer will make bi-weekly contributions to the Trust throughout the Plan Year to meet its funding obligations under the Plan. (b) Employee Mandatory Contributions. For each Plan Year, the City Manager and the City Attorney shall contribute an amount equal to 2% of compensation and the Chief of Police shall contribute an amount equal to 6% of compensation bi-weekly to the 'Trust. The mandatory contributions made by employees under the Plan shall be designated as employer contributions pursuant to Section 414(h) of the Code. Such designation 'is contingent upon the contributions being excluded from the employees' gross income for federal income tax purposes. For all other purposes of the Plan, such contributions shall be considered employee contributions. (c) Effective Date. This amended version of Section 5.1 is elEcctive for all purposes as of October 1, 2002. (d) Participants shall be immediately 100% vested in all contributions made pursuant to this Section 5.1. ? ?jr? J '?? ?/ - .Clearwater City Commission Work session Rent #: .. Agenda Cover Memorandum Final ASendii liem N Meciing Date; 10-03-02 SUBJECT/RECOMMENDATION: Authorize the City of Clearwater to enter into agreements with Subrecipients that were approved allocations during the FY2002-03 Consolidated Action Plan funding cycle. Also, authorize the City enter into agreements for amounts under $50,000 for those organizations that did not receive funding allocations during FY2002-03 Consolidated Action Plan process should additional funds become available. SUMMARY: On June 18, 2002 the Commission approved the FY2002-03 Consolidated Action Plan for funding through the Community Development Block Grant, HOME Investment Partnership Program, and the State Housing Initiatives Partnership Program. The Goal of the Consolidated Plan and the One Year Action Plan is to develop viable and sustainable communities, provide safe, decent and affordable housing, and expand economic opportunities for very-low to moderate' income persons and households. The FY2002-03 Consolidated Action Plan identified various non-profit agencies and allocated funds to those organizations to carry out the objectives listed above. In accordance with the City ordinances and state and federal mandates, the City must enter into an agreement with each non-profit prior to expending funds. Listed on the attached matrix in the shaded areas are allocations amount for the organizations that are scheduled to receive funds during the upcoming fiscal year. Contracts are also being issued to and/or renewed for those non-profits that have expressed a desire to participate in the FY2002-2003 Housing Pool. A total of $1,326,007 in funding has been allocated to this pool and will be disbursed to organizations completing eligible housing activities. The Housing Pool contracts outlines the basic contractual elements required by the state and federal government. The following non-profits have been approved to use the Housing Pool funding: Clearwater Neighborhood Housing Services, Inc., Tampa Bay Community Development Corporation, Largo Area Housing Development Corporation, Community Service Foundation, and Habitat for Humanity. A workshop for Consolidated Action Plan participants is conducted each year that will outline specifically which types of activities are eligible. A copy of the sample Subrecipient Agreement is available for review in the City Clerk's Office. Reviewed by: '7 Origi mg I'll I Costs Legal D Info Srvc N/A wo Total - Budget Public Works NIA User De Funding Source: CDI3G, C ? HOME & SHIP Purchasing ••? f A DCM/ACM Eco• Development & Housing Current FY Cl Risk Mgmt NIA Other N!A Attachments: FY02-03 Action OP Plan Contract Allocation Matrix Other Submitted by: City Managers Q ?None Appropriation Code: Printed on recycled paper Rev. 2198 City of Cloarwater Consolldatod Action Plan _ Subrociplont Contract Allocations Fiscal Yoar 2002.2003 4,4,02 S22 PM Alloc?llom City of_Cloarwator_Housing-Procrams; C? Real Property Acqulsit!on Tprgeled_Aroas $_-_ 185,000 City of Clearwater-Homeless Project Activity $ 100,000 General Rehab Programs -_? ___..--'--.--....__._ _._ $._._ 828134 L_ead Based Paint Program __ _- _ _ _ $- iD0,Qa0 City of Clearwater_Relocation Program ___,- - .. -. SW_ 25,238 City of Clearwater-Demoiltion Program _-:_ _ 5. _-20,000_ $ 1,058,374 __ - -- -?--`-?-__ __ ._. ?ubllc Services: ?--...__.__ C?f3' isti???fOrriSe` ass fnterr"? `?r?!ro?y???` ??'t1'??' , t+? 1? 's Ir t t r-.' ` ?Ilt1?Q C fW,. 69ARI Cf " Sts+I e;P{dQt ; t .`:' 4 y' v 4 t' i- ? r rr >J ? ` ' iti ?$?''.•`•}47 20? , S i4 i„36'33T.; 3t, ..?t;, - ,. ?, , , isl - t, • +^i 1.e`r P? ?rd 1fSu flderlc¢"? ate. ?', ?'????`'.t?;? ?? t ?? h l r ,'''r Z`l7:. , 1 , ?i ?'??iJ ?A.a t ?'t r , C?3 ' lri? 1, w w: ru u a1` , ?"; 15??' .25';400. 1pt i r = 1.;*•:. t'?1?760 ` , ? 1 Peraatl Eri i p u" Q t ;SO ,1 c.: it a???.. .??t?? a S, ?f6;b6 }., ,y4,,.y1, ??) + f ty.t7 ttiof$ I :-ClaliWa i?Say ,t 4+ r ?, r' ti '`t3•n' ,;t ',• ri Y,5 ?, r 3 r.1 00 ' , may, tr'?. 1 la .t F4ti?'? Gaff Godat g I s ces 'c. r1 {?ff,?'.r t; ' +3" Sr+'5;98f ` Y 4+ D01 E'`,{t'??'t4 1 s?'.?> 'a, q f:+t1i i.'.`i tZfl?j,• kt r_•'??1,f?C ?.: 1i4'"S it}`?`'7'e!? t c J scrt Q S aier i 8ased, lo ?1R ` .?, e ir l , . .. ????t., :. _ 267' ?: ' 18 i +t . a t? ot?t? . p , ,, K Y r Free t ifn a?'I?ict ,. 4i?y r :." ' ? 1-' + f, '? Cie iie?a?a . j°' I r. Y ' ' h r { t , ,3 '., `' B;Ot}fli ?i ? ' = 4 S . LL ;? 1r ?. l, 1 % ' ?. 1 •Sti + (i Gra,larporatriotPEnelfaa?k },';?itj?'fi:;,n?`;t'"'i":i'; ' .1„ . . ,' ? ,?. T l ,? ' l `. Il + }10,102', ? ? i,? i' ; y ± . , ( !! , r. , Ip.i; ..r, j x . 4 (. u erpUQ?? Comitilirlltji Servlaea; !nC ?`;t :' `c y ;11 ' ' ' . ? f ( ? ,? ???1 .i'.i!?!? ' = :, , tr t ;t:. y? r, r ii r'15 -`:; t-..s1 I L Nefg}ibot?f!Sftbt5iryices t:,,`}^°,:?,` '.aj':.: `, :t? : r. y, :+. : : ,f 5i''?f6,000; S 201,564 ...??. _ . ? -. . ----- . _ ? PuJlc Fa4lll?lo?, PublI rs C , •v,e rr .•v..., ;T; r,.p __,:-.r,:.?wq) ;^x,:.-ut J ( : f.i (. •'•'t i 4r t4 ! :, • Ii? tt i + ' .r.. °_ _..., ' • ,, , r • i•, ; ? r .,, n h ? r Ctii i1r? t7 Pride'Gh1Id Cara.-1osla Cntr `''? I t rah, ). "''' rT d ?1 /.1.... t 1 N i'^ ?, , .y z' ?rti ii r'.?"it, ;' a•: ,! ,..,.? e,?;.:.,...,, Jai' ?Ifg 0 ?'omCri'Servlces, "Ctle' Heven? is-; ; ,:; •' ' : , _ .3 = . '9;812 a _,?, ?• f''; + '; 81;50D' , . . Camili?pjda.CiifCars'-'(f?aintinp'BreedaRCn?r).::. S' ,' 11,50U, ?BJ9Lo !4 C.Wn0 fServJces;?aG[ace,?louseA.:: .... .. 'S.: i ,.8,41.7.. t]Irections for Mental Health _ _ _ _ $ _ _- _ _ Gulf Coast Community_Care _^__ __-___ $ _. Family Resources ----- - - . - . .._... _.------- $-- -- Seronlty Club ----------•--?-_.___-._...._ _5.-_^= $ 200,828 ?- - -_ _?_ CommunitylEconomlcDo 01212?gr1: •ir,?,i ..?... `jr' ?L7-'ter het ., y:'!' .,•. ? Qrh`ood }?dg,?Sefrrlces= C?earWa r Ne?ghb :', .::t i C.,,.yn :FA..,,r;,-. . 'S ;` .202,000' . _.. „_ North Greenwood Fade Improvement Program _ -_ $ --_ 601000 Gateway FarYado Improvoment Program___-__- $ 100,000 $ 352,000 ?__ Hgme 8uverrr•Bducatlon 6 Counsolinn: p ,-i f:j . •. ?•'1.';F'•R t• Y'. 7 A.fje t.., ?.'", i:'.i....s.,,, C??q??.?,l,?t???,' ` QU tIo '? pp I ?`f+:; i ^ilSl ;'??, p+?r r.. 11?A?, •?'ti ?, .ti, w4n•'1i1 ?'./ y ,?.? C¢ Go?fr(? riovrrI?f?,solnp?'t e. kh iJ,?,-. , £ .?l,a ?? t vl• N , t t ri r s t,5o?"v. cofi?i? ? ?P? t,4?;;::ar? %, .r,.-,,.F, r' z :?+ ~ , ;`6,550, ?t 'P'I' Ytrr.3;6Cf1: •,.,?? „'.4y..)• r 7,?oa:. ??; ?,? , ,s. ?'.' ? ? ? ' ? ?S.t rt: !{t' s. +.•'j rw?r bGrx{allon-s? pt` 'y ??:!.::+, t-r} ?'• r :J•'" " ? s. ' ?•' . ? , .?h„ks'r???,/K.`?•`. ???Yr a'y`„?+?4y .. f 7 t • :i ? .N ? , e F J k .? .y ? !Y v ,? r hd Ceaiuiel f?ef FJw Srv l tonance l?I '' '?' '" , . (.i ; .f 7, ?00? r ; ?`Q S . . + r : ,-E n : • ? , > , i City of Cloarwator Consolidated Action Plan _ Subrociplont Contract Allocations - 4' T- _ Fiscal Year 2002-2003 ----- -- 4114102 3:22 PM `._,_........_-_......? ................---._.-_ W ?.-- ?----- --.._ tool Allocations $ 66,800 . ? - . _..-."._._.._._.??-- ----'---?- _. ? . . Housing Paa}; Acquisltion & Downppayyment /assistance-_? $ 837,317 Rental New Construction w- ?- $ 172,900 Rental Rehabititalion rirtisr-.w?,y.. ?•?.!..- . .. ..s.;.. ""'y'1.'S:'t.:?sr;; r.....?..: .- ..n {1 111648, t?f d?S}!%{ ? . , _: ; •f.t,. ', ,. w,? , , ` ;r: r,; ?i,.. Inellas l?8 t Wi]ma?lY r AL? ,%T?pa.Bay.CoglrgipelrWo u1 tl11sfn iPobE ^?k.,.k??=:1 A:l'Gt1k •1 t'?.1.?"s(? k", •. ?u., i. i ., r:r :'i','?. ? SrylCeF'?cil?atlgnusl?lo'oc?,?'?;r.'. [ hl>t der Nelghbrtld'Hi&.Stv:r '-?-Ioi slno.Ponlf''? r,iJR'.:?}. _;'i <:ri•4 .???a;Hoil@???;pevalopmont Copp;:.;:`.s.:.?':"`?:.,. $ 285,790 ,..: r-...` .. T., .Z ;5;.,,,.s 30000: .:µ'???ti, ?.:?r: $:f:,','?' [.: tl .??+? :5:,:... s'r..-"i'' $ 1,326,007 Community Houslna Development Oroanlzation_ To be Determined $ $ Affordable Rental Houalna ?• ;I i e' {?e?'R''?•`' ,'r('?NEIT[ls??'f'C>4: "? ??" •.!? is `a a nu i c9 ouri tal4loy,.Ro abt' = s',.:. at G " ,'l: "'µ 4;I`7[1yr? S:kTt-`. r3riti{r2 '?': =,.74„ t,??GarOiel Cor?r? jDe ;C+orP, Of CleaivVate tr1C ?'., ,;; r«-u?i•... .- .... n, ? r 3 ='.60 r?1CSYt ?? ?$ r 26d'000e, S 310,000 Fair Housinu; w`P1?`'';A>?YI'y Fa....?.y,....^!•1?...:.,?...?+ f-r•?•,F•?r?'.ir?i'•t.,?.-{.+? CoM_(R!NSoN!ce,Foundalt6n-F?alryl?6Bt';4' ?:..•a:i: 1,.? ., ,.-•r,..,?:7 :$;' '::iQ,00Q? $ 10,000 upportA4:tlvltla4; r ra -? Cily of Clearwater Program Administration _ S 225,400 C_ily of Clearwater Program Administratlon-HOME _S 51,100 qty of Clearwater Program Administration-SHIN _ $__98 Kt Pity of C!w-Frog, Admn SSHIP, r9Prog City of Clearwater Program l?e! City of Clearwater Prog. De!-Econ Dev $ S100,000 12,500 gyt of Clearwater Prog._De1•Rehab uw_,•_ City of Clearwater Prog.Del-Infill $12500 $ 500,451 Home Program - CHDO Roservas Tl3A - 78,6350 $ $ 76,650 TOTAL PROJECTS: ___.._ ^?JT $ 4.102,675 CITY OF CLEARWATER FISCAL YEAR 2002-2003 SUBRECIPIENT AGREEMENT THIS AGREEMENT is entered into this 1st day of , by and between the- City of Clearwater, a Florida municipal corporation, having its principal office at 112 South Osceola Avenue, Clearwater, Florida, hereinafter referred to as the "City", and the , hereinafter referred to as the "Provider". WITNESSETH: WHEREAS, the City has entered into an agreement with the U.S. Department of Housing and Urban Development for the purpose of conducting a Housing and Community Development Program (HUD) with federal financial assistance under Title I of the Housing and Community Development Act of 1974, as amended, hereinafter called "Act"; and the Cranston-Gonzalez National Affordable Housing Act of 1990; and WHEREAS, the City has entered into an agreement with the U. S. Department of Housing and Urban Development for the purpose of conducting the HOME Investment Partnership Program (HOME) with federal assistance under Title II (42 U.S.C. 12701-12839) of the Cranston-Gonzalez National Affordable Housing Act of 1990, as amended; and WHEREAS, the City has entered into an agreement with the State of Florida for the purpose of conducting the State Housing Initiatives Partnership (SHIP) Program with State of Florida assistance under the William E. Sadowski Housing Act (Chapter 420.907 - .9079 Florida Statutes, Rule 67-37, Florida Administrative Code) which was signed into law on July 7,1992; and WHEREAS, the City has determined through its Consolidated Plan of Objectives and Projected Use of Funds, which was adopted by the City of Clearwater. on June .18, 2002 the necessity for providing to low to moderate income residents of Clearwater; and WHEREAS, the City desires to engage the Provider to render certain services in connection therewith: NOW, THEREFORE, the parties hereto agree as follows: SECTION I: SCOPE OF SERVICES The Provider agrees to in accordance with the projected accomplishments attached and made a fully binding part of this Agreement, as Appendix 1, as follows: SECTION II: CONDITION OF SERVICE The Provider hereby agrees to the following: A. The Program shall serve eligible low and moderate-income persons living primarily in Clearwater. The Provider shall certify that the activities carried out with funds provided under this Agreement will meet one or more of the CDBG program's National Objectives -- 1) benefit low to moderate income persons, 2) aid in the prevention or elimination of slum and blight, 3) meet community development needs having a particular urgency -- as defined in 24 CFR 570.208. B. The Provider shall maintain in its file the documentation on which basis it determines that the - project benefits low and moderate-income persons, minorities and residents of Clearwater. Such records shall include, but not be limited to profiles identifying financial classification, head of household, ethnicity, race and gender, or area benefit data, as required. C. The Provider shall maintain a citizen participation mechanism, which will include, but not be limited to the following: 1 ' Logging citizen comments or complaints when received. 2. Copies of comments and/or complaints received in writing. 3. Copies of responses to complaints and/or explanations of resolutions to complaints. D. The Provider shall comply with Subpart c -- Post Award Requirements of the Office of Management and Budget (OMB) Circular No. A-110, "Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals and Other Non-Profit Organizations", incorporated by reference into this Agreement. E. Costs incurred under this program shall be in compliance with Federal Office of Management and Budget Circular No. A-122, "Cost Principles for Non-Profit Organizations", incorporated by reference into this Agreement. F. The Provider shall abide by those provisions of 24 CFR Part 570 Subpart J, when applicable, incorporated by reference into this Agreement. G. No expenditures or obligations shall be incurred, for the program prior to approval and release of funds from the U.S. Department of Housing and Urban Development and/or the State of Florida. Further, it is expressly understood that in the event no funds are released from the U.S. Department of Housing and Urban Development and/or the State of Florida in connection with this Program, then the City is not liable for any claims under this contract. 2 H. The Operating Agency hereby certifies that, in the implementation of projects funded by this Agreement and in all of its other operations, it will comply with all requirements of Section 504 of the Rehabilitation Act of 1973 (29 USC 794) (and the implementing regulations at 24 CFR 8), the Americans with Disabilities Act of 1990 (PL 101-336), and all state and local laws requiring physical and program accessibility to people with disabilities, and agrees to defend, hold harmless and indemnify the City from and against any and all liability for any noncompliance on the part of the Operating Agency. (1) Notification by HUD to the City that said project is ineligible because of project location, services provided, or any other reason cited by HUD; (2) • Notification by HUD to the City that said project is deficient and that continued support of the project is not providing an adequate level of services to low income and minority people; or (3) Written notification from HUD to the City that the program funds made available to the City are being curtailed, withdrawn, or otherwise restricted. (4) Fails!to file required reports or meet project progress or completion deadlines; (5) Materially fails to comply with any provision of this Agreement (which may result in suspension or termination in accordance with 24 CRF 85.43 or OMB Circular A-110, Attachment L); (6) • Expends funds under this Agreement for ineligible activities, services or items; (7) Implements the project prior to notification from the City that the federal environmental review process has been completed; (8) Violates Labor Standards requirements; or (9) Fails to comply with written notice from the City of substandard performance under the terms of this Agreement. 1. The Provider shall certify, pursuant to Section 109 of the Act, that no person shall be denied the benefits of the program on the ground of race, color, national origin or sex. J. The Provider agrees that to the extent that it staffs the Program with personnel not presently employed by said party, it will take affirmative action in attempting to employ low income persons residing in the City of Clearwater, particularly minority group members. 3 l?.l! ?.. w. .-. .. ? x•.54' •i. ell. l.t ?._ K. The Provider shall comply with the provisions of 24 CFR 570.504 (c), "Program income" and meet the definition of program income defined in 24 CFR 570.500 which generally states, that program income is gross income received by the recipient or a subrecipient directly generated from the use of CDBG funds. All program income generated through the use of Community Development Block Grant, HOME Investment Partnership Program, and State Housing Initiatives Partnership programs shall be returned to the City within 45 days after receipt by the subrecipient. In those instances where the City allows the sub-recipient to retain program income, these funds shall be expended for CDBG eligible activities, previously approved by the City in accordance with the projected accomplishments and budget descriptions attached to this Agreement. L. The Provider shall transfer to the City any CDBG funds on hand at the time of expiration And any accounts receivable attributable to the. use of CDBG funds. All real property acquired or improved in whole or in part with CDBG funds in excess of $25,000 shall be: (1) Used to meet one of the national objectives in Section 570.208 until five years after expiration of the agreement, or fro such longer period of time as determined to be appropriate by the City; or (2) If not used as stated above, the provider shall pay to City an amount equal to the current market value of the property less any portion of the value attributable to expenditures on non-CDBG funds for the acquisition of or improvement to, the property. The payment shall be considered program income. M. The Provider shall adhere to the applicable requirements contained in - the "Acknowledgement of Economic Development Activities", attached hereto and made a part hereof as Appendix 2, if applicable. N. . The Provider shall comply with First Amendment Church/State principles, as follows: 1. It will not discriminate against any employee or applicant for employment on the basis ofreligion and will not limit employment or give preference in employment to persons on the basis of religion. 2. It will not discriminate against any person applying for public services on the basis of religion and will not limit such services or give preference to persons on the basis of religion. 3. It will provide no religious instruction or counseling, conduct no religious worship or services, engage in no religious proselytizing, and exert no other religious influence in the provision of such public services. 4. The portion of a facility used to provide public services assisted in whole or in part under this Agreement shall 4 contain no sectarian or religious symbols or decorations. 5. The funds received under this Agreement shall not be used to construct, rehabilitate, or restore any religious facility which is owned by the Provider and in which the public services are to be provided. However, minor repairs may made if such repairs are directly related to the public services; are located in a structure used exclusively for non-religious purposes; and constitute, in dollar terms, only a minor portion of the CDBG expenditure for the public services. O. The Provider shall transfer to the City upon expiration of this Agreement, any CDBG, HOME and/or SHIP funds on hand at the time of expiration and any accounts receivable attributable to the use of CDBG, HOME and/or SHIP funds. The following restrictions and limitations apply to any real property under the Provider's control, which was acquired or improved in whole or in part with CDBG funds in excess of $25,000: 1. Any real property under the Provider's control must be used . to meet one of the National Objectives in the CDBG Regulations, Part 570.208 until five years or such longer period of time as determined appropriate by the City after expiration of the Agreement. 2. If the real property is sold within the period of time specified above, the property must be disposed of in a manner which results in the City being reimbursed in the amount of the current fair market value of the property, less any portion thereof attributable to expenditures on non-CDBG funds for acquisition of, or improvement to, the property. Such reimbursement is required. P. The Provider agrees that when sponsoring a project financed in whole or in part under this Agreement, all notices, informational pamphlets, press releases, advertisements, descriptions of the sponsorship of the project, research reports, and similar public notices prepared and released by the Provider shall include the statement: FUNDED BY THE CITY OF CLEARWATER COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM, HOME INVESTMENT PARTNERSHIP PROGRAM, AND STATE HOUSING INITIATIVES PARTNERSHIP PROGRAM In written materials, the words "CITY OF CLEARWATER COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS, HOME INVESTMENT PARTNERSHIP PROGRAM FUNDS, AND STATE HOUSING INITITATIVES PARTNERSHIP PROGRAM FUNDS ADMINISTERED BY THE HOUSING DIVISION" shall appear in the same size letters or type as the name of the Provider. Q. The Provider shall ensure the following when entering into a sub-contract agreement: 1. The full correct legal name of the party shall be identified. 2. The "Scope of Services" shall describe the activities to be performed. R. The Provider shall maintain sufficient records in accordance with 24 CFR 570.502 and 570.506 to determine compliance with the requirements of this Agreement, the Community Development Block Grant Program and all applicable laws and regulations. This documentation shall include, but not be limited to, the following: 1. Books, records and documents in accordance with generally accepted accounting principles, procedures and practices which sufficiently and properly reflect all revenues and expenditures of funds provided directly or indirectly by this Agreement, including matching funds and program income. 2. Time sheets for split-funded employees who work on more than one activity, in order to record the CDBG, HOME, and/or SHIP activity delivery cost by project and the non-CDBG related charges. 3. How the Statutory National Objective(s) and the eligibility requirement(s) under which funding have been received, have been met. These also include special requirements such as necessary and appropriate determinations, income certifications, and written agreements with beneficiaries, where applicable. S. The Provider is responsible for maintaining and storing all records pertinent to this Agreement in an orderly fashion in a readily accessible, permanent and secured location for a period of three (3) years after expiration of this Agreement, with the following exception: if any litigation, claim or audit is started before the expiration date of the three year period, the records will be maintained until all litigation, claims or audit findings involving these records are resolved. The City shall be informed in writing after close-out of this Agreement, of the address where the records are to be kept. SECTION 1101. OTHER CONTRACTUAL PROVISIONS A. Labor Standards Except with respect to the rehabilitation of residential property designed for residential use for less than eight households, the provider and all subcontractors engaged in contracts in excess of $2,000 for the construction, completion, rehabilitation, or repair of any building or work financed in whole or in part with assistance provided under this Agreement are subject to the federal labor standards provisions which govern the payment of wages and the ratio of apprentices and trainees to journey workers. Under the terms of the Davis-Bacon Act, as amended, the provider is required to pay all laborers and mechanics employed on construction 6 work wages at rates not less than those prevailing on similar construction in the locality as determined by the Secretary of Labor, and shall pay overtime compensation in accordance with and subject to the provisions of the contract Work Hours and Safety Standards Act (40 USC 327-332), and the provider shall comply with all regulations issued pursuant to these Acts and with other applicable Federal laws and regulations pertaining to labor standards, including the Copeland "Anti-Kickback" Act. Provided, that if wage rates are , higher than those required under the regulations are imposed by State or local laws, nothing hereunder is intended to relieve the provider of its obligation, if any, to require payment of the higher rates. B. Flood Disaster Protection This Agreement is subject to the requirements of the Flood Disaster Protection Act of 1973 (PL 93-234). Use of any assistance provided under this Agreement for acquisition or construction in an area identified as having special flood hazards shall be subject to the mandatory purchase of flood insurance in accordance with the requirements of Section 102(a) of said Act. C. Clean Air and Federal Water Pollution Control Act {Applicable to Contracts and Subcontracts Which Exceed $100,000 The provider shall comply with and require each subcontractor to comply with all applicable standards of the Clean Air Act of 1970 (42 USC 1857 et seq.) as amended, the Clean Air Act of 1990, the Federal Water Pollution Control Act (33 USC 1251 et seq.), as amended, and the regulations of the Environmental Protection Agency with respect thereto, at 40 CFR Part 15, as amended from time to time. D. Provision of the Hatch Act Neither the provider program nor the funds provided therefore, nor the personnel employed in the administration of the program shall be in any way or to any extent engaged in the conduct of political activities in contravention of Chapter 15 of Title 5, United States Code. E. Lead-Based Paint Any grants or loans made by the provider for the rehabilitation of residential structures with assistance provided under this Agreement shall be made subject to the provisions for the elimination of lead-based paint hazards under 24 CFR Part 35. Operating Agency will comply with the requirements of 24 CFR 570.608 for notification, inspection, testing, and abatement procedures concerning lead-based paint. Such regulations require that all owners, prospective owners, and tenants of properties constructed prior to 1978 be properly notified that such properties may contain lead-based paint Such notification shall point out the hazards of lead-based paint and explain the symptoms, treatment, and precautions that should be taken when dealing with lead-based paint poisoning. F. Special Assessments Provider shall not attempt to recover any capital costs of public improvements assisted in whole or in part with funds provided under Section 106 of the Act or with amounts resulting from a guarantee under Section 108 of the Act by assessing any amount against properties owned and occupied by persons of low and moderate income, including any fee charged or assessment made as condition of obtaining access to such public improvements, unless (1) funds received under Section 106 of the Act are used to pay the proportion of such fee or assessment that relates to the capital costs of such public improvements that are financed from revenue sources other than under Title 1 of the Act, or (2) for purposes of assessing any amount against properties owned and occupied by persons of moderate income, the grantee certifies to the Secretary of HUD that lacks sufficient funds received under Section 106 of the Act to comply with the requirements of subparagraph (1). G. Acquisition, Rehabilitation, and Demolition of Real Property and Displacement of Persons and Businesses Provider shall comply with the "City of Clearwater, Housing Division, Community Development Block Grant Program Plan for Minimizing the Displacement of Persons As a Result of Community Development Block Grant Funded Activities" and "City of Clearwater, Housing Division, Community Development Block Grant Program Residential Anti-displacement and Relocation Assistance Plan." Provider shall conduct any acquisition, rehabilitation, or demolition of real property, and any negotiations for acquisition, rehabilitation or demolition of real property in compliance with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended, Section 104(d) of the Act, and the implementing regulations at 49CFR 24 and 24 CFR 570.606. Unless specifically permitted, the provider shall not cause either temporary or permanent involuntary displacement of persons or businesses. If the provider causes the involuntary. temporary or permanent displacement of any person or business as a result of Community Development Block Grant activities, it shall comply with the City's "Plan to Assist Persons Actually Displaced by Community Development Block Grant Activities," and Operating Agency shall provide all notices, advisory assistance, relocation benefits, and replacement dwelling units as required by the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended, Section 104(d) of the Act, and the implementing regulations at 49 CFR 24 and 24 CFR 570.606. The Provider hereby agrees to defend, to pay, and to indemnify the City from and against, any and all claims and liabilities for relocation benefits or the provision of replacement dwelling units required by federal statutes and regulations in connection with activities undertaken pursuant to this Agreement. H. Lobbing Restrictions Provider certifies that, to the best of its knowledge and belief. No Federal Appropriated funds have been paid or will be paid, by or on behalf of it, to any person for influencing an officer or employee of any 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 Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress, in connection with this Federal contract, grant loan or cooperative agreement, it will complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions; and It will require that the language of this paragraph L be included in the award documents for all sub-awards at all tiers (including subcontracts, sub-grants, and contracts under grants, loans and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352 Title 31, United States Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. SECTION IV': TERM OF AGREEME NT This Agreement shall be deemed effective upon approval and release of funds by' the U.S. Department of Housing and Urban Development and/or the State of Florida and being duly executed by both parties, whichever is later. This project shall become operational as of October 1., 2002, and shall continue through September 30, 2003. SECTION V: TERMINATION The City and the Provider agree: 9 A. This Agreement may be terminated by either party hereto by written notice of the other party of such intent to terminate at least thirty (30) days prior to the effective date of such termination. B. This Agreement may be terminated in whole or in part, for convenience, when both parties agree upon the termination conditions. A written notification shall be required and shall include the following: reason for the termination, the effective date, and in the case of a partial termination, the actual portion to be terminated. However, if, in the case of a partial temianation, the City determines that the remaining portion of the Agreement will not accomplish the purposes of such Agreement,-the City may terminate such in its entirety. C. The City may place the Provider in default of this Agreement, and may suspend or . terminate this Agreement in whole, or in part, for cause. 1. Cause shall include, but not be limited to, the following: a Failure to comply and/or perform in accordance with this Agreement, or any federal statute or regulation. b. Submitting reports to the City, which are late, incorrect or incomplete in any material respect. C. Implementation of this Agreement, for any reason, is rendered impossible or infeasible. d. Failure to respond in writing to any concerns raised by the City, including substantiating documents when required/requested by the City. e. Any evidence of fraud, mismanagement, and/or waste, as determined by the City's monitoring of the subrecipient, and applicable HUD rules and regulations. 2. The City shall notify the Provider in writing when the Provider has been placed in default. Such notification shall include actions taken by the City, such as withholding of payments, actions to be taken by the Provider as a condition precedent to clearing the deficiency and a reasonable date for compliance, which shall be no more than fifteen (15) days from notification date. 3. The City shall notify the Provider in writing when sufficient cause is found for termination of this Agreement. The Provider shall be given no more than fifteen (15) days in which to reply in writing, appealing the termination prior to final action being taken by the City. 10 D. Let it be further understood that upon curtailment of, or regulatory constraints placed on, the funds of the U.S. Department of Housing and Urban Development and/or the State of Florida, this Agreement will terminate effective as of the time that it is determined such funds are no longer available. E. Costs of the Provider resulting from obligations 'incurred during a suspension or after termination, are not allowable unless the City expressly authorizes them in the notice of suspension or termination or subsequently. Other costs during suspension or after termination which are necessary and not reasonably avoidable are allowable if 1. The costs result from obligations which were properly incurred before the effective date of suspension or termination, are not in anticipation of it, and in the case of termination, are noncancelable, and 2. The costs would be allowable if the award were not suspended or expired normally at the end of the Agreement in which the termination takes effect. F. Upon termination of the Agreement, the Provider and the City shall meet to discuss the City's determination if any amounts are to be repaid to the City or if additional amounts are due the Provider. SECTION VI: AMENDMENTS Any alterations, variations, modifications or waivers of this Agreement shall only be valid when they have been reduced in writing and duly signed by both parties. Any changes, which do not substantially change the scope of the project and/or the Project Implementation Schedule or increase, the total amount payable under this Agreement, shall be valid only when reduced to writing and signed by the City Administration and the Provider. The City shall not reimburse the Provider for outlays in excess of the funded amount of the Agreement unless and until the City officially, in writing, approves such expenditure by executing a written modification to the original Agreement. SECTION VII: METHOD OF PAYMENT It is expressly understood and agreed that the total compensation to be paid hereunder for actual expenditures incurred shall be reserved in the amount of The funds must be expended in accordance with the terms and conditions of the Agreement. Funds set aside for this agency may increase or decrease, subject to production performance. Production will be reviewed quarterly and will be based upon the goals the Provider established in their program implementation schedule. Any remaining balance of funds shall revert to the City or other approved providers). Such compensation shall 11 be paid in accordance with the projected accomplishments and budget descriptions attached hereto and made a part hereof as Appendix 1. A. The Provider shall submit monthly requests for payment for actual expenditures, including applicable back-up documentation, no later than the tenth (10th) day of the succeeding month and the City will provide reimbursement, upon approval, within ten (10) working days after receipt of the same, if submitted by the deadline data for inclusion on the drawdown request. B. The City agrees to pay the Provider for expenditures incurred under this Agreement on an as needed basis in accordance with the Budget and Project Implementation Schedule attached.hereto and made a part hereof as Appendix 1. Line item transfers are allowable only within each component and may not exceed in the aggregate fifteen percent (15%) of each line item without prior written approval of the City. All changes amounting to more than fifteen percent (151/o) require prior written approval. . SECTION VII: EQUAL EMPLOYMENT OPPORTUNITY During the performance of this contract, the Operating Agency agrees as follows: (1) The Operating Agency shall not discriminate against any employee or applicant for employment because of race, color creed, religion, sex age, handicap, disability, sexual orientation, ancestry, national origin, marital status, familial status, or any other basis prohibited by applicable law. The Operating Agency shall take affirmative action to ensure that applicants are employed and that employees are treated during employment without regard to their race, color, creed, religion, sex age, handicap, disability, sexual orientation, ancestry, or national origin. 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 pay or other forms of compensation, and selection for training including apprenticeship. The Operating Agency agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. (2) The Operating Agency will, in all solicitations or advertisements for employees placed by or on behalf of the operating Agency, state that all qualified applicants will receive consideration for employment without regard to race, color creed religion, sex age, handicap, disability, sexual orientation, ancestry, national origin, marital status, or any other basis prohibited by applicable law. (3) The Operating Agency will send to each labor union or representative of workers with which is has a collective bargaining agreement or other contract of understanding, a notice to be provided advising the , 12 said labor union or workers; representatives of the Operating Agency's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (4) The Operating Agency will comply) with all provisions of Executive Order 11246, Equal Employment opportunity, of September 24, 1965, as amended by Executive Orders 11373 and 12086, copies of which are on file and available at the City and of the rules regulations, and relevant orders of the Secretary of Labor. (5) The Operating Agency will furnish all information and reports required by Executive Order 11246 of September 24, 1965, as amended, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to its books, records, and accounts by HUD and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. (6) In the event of the Operating Agency's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be cancelled, terminated, or suspended in whole or in part and the Operating Agency may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, as amended, and such other sanctions may be imposed and remedies invoked as provided in Executive order 11246 of September 24, 1965, as amended, or as otherwise provided by law. (7) The Operating Agency will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor, issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, as amended, so that such provisions will be binding upon each subcontractor or vendor. The Operating Agency will take such action with respect to any subcontract or purchase order as HUD may direct as a means of enforcing such provisions, including sanctions for noncompliance; provided, however, that in the event an Operating Agency becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by HUD, the Operating Agency may request the United States to enter into such litigation to protect the interests of the United States. Equal Opportunity In Participation A. Development Act of 1974, and in conformance with City policy and all requirements imposed by or pursuant to the Regulations of HUD (24 CFR Part 570.601 and 570:602) issued pursuant to Section 109, no person in the United States shall on the ground of race, color creed, religion, sex, age, handicap, disability, sexual orientation, ancestry national origin, marital status, familial status, or 13 any other basis prohibited by applicable law be excluded from participation in, be denied the benefits of, or be subjected to discrimination under, and program or activity funded in whole or in part with Community Development Block Grant Program funds. B. ' Specific (not exclusive) Discriminatory Actions Prohibited: The Provider may not directly or through contractual or other arrangements, on the ground of race, color, creed, religion, sexual orientation, ancestry, national origin, marital status, familial status, age handicap, disability, sex or any other basis prohibited by applicable'law: (1) Deny any facilities, services, financial aid, or other benefits provided under the program or activity. (2) Provide any facilities, services, financial aid, or other benefits, which are different or are provided in a different form from that provided to others under the program or activity. (3) Subject to segregated or separate treatment in any facility, or in any mater or process related to receipt of any service or benefit under the program or activity. (4) Restrict in any way access to, or the enjoyment of any advantage or privilege enjoyed by others in connection with facilities, services, financial aid or other benefits under the program or activity. (5) Treat an individual differently from others in determining whether the individual satisfies any admission, enrollment, eligibility, membership, or other requirements or condition which the individual must meet in order to be provided any facilities, services, or other benefit provided under the program or activity. (6) Deny any person with the legal right to work an opportunity to participate in a program or activity as an employee. C. Business and Employment Opportunities for Lower Income Residents, Women-Owned Business Enterprises, and Minority-Owned Business Enterprises The Provider shall conform with the rules and regulations set forth under Section 3 of the Housing and Urban Development Act of 1368, (12 USC 1701u), as amended, and the HUD regulations issued pursuant thereto at 24 CFR Part 135. This Act requires that, to the greatest extent feasible, opportunities for training and employment be given to lower income residents of the project area, and contracts for work in connection with the project be awarded to business concerns which 14 are located in, or owned in substantial part by, persons residing in the area of the project. In all solicitations for bids, the contractor must, before signing the contract, provide a preliminary statement of the work force needs and plans for possible training and employment of lower income persons. When an Operating Agency utilizes the bidding procedure to let a bid, the invitation or solicitation for bids shall advise prospective contractors of the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, and the clause shall be inserted as a component part of any contract or subcontract. Please see Appendix 4. If an Operating Agency solicits or requests an invitation forbids, every effort feasible will be made to contact minority-owned and women-awned business enterprises for a response to the solicitation or invitation for bidders. D. Nondiscrimination in Federally Assisted Programs The Provider shall comply with Title VI of the Civil Rights Act of 1964 (PL 88-352, 42USC 2000d et seq.) and the Fair Housing Act (42 USC 3601-20). In accordance with City policy and.Title VI of the Civil Rights Act of 1964{PL 88-352), in the sale, lease of other transfer of land acquired, leased or improved with assistance provided under this Agreement, the deed or lease for such transfer shall contain a covenant prohibiting discrimination upon the basis of race, color, creed, religion, sex handicap, disability, sexual orientation, ancestry, national origin, marital status, or familiar status, in the sale, lease or rental, or in the use or occupancy of such land or any improvements erected or to be erected thereon. The Provider will comply with Title VIII of the Civil Rights Act of 1968 (PL 90-284) as amended and will administer all programs and activities related to housing and community development in a manner to affirmatively further fair housing. . SECTION IX: CONFLICT OF INTEREST The Provider covenants that no person, under its employ who presently exercises any functions or responsibilities in connection with Community Development Block Grant Program, HOME Investment Partnership Program and State Housing Initiatives Partnership Program funded activities, has any personal financial interests, direct or indirect, in this Agreement. The Provider covenants that in the performance of this Agreement, no person having such conflicting interest shall be employed. The Provider covenants that it will comply with all provisions of 24 CFR 570.611 "Conflict of Interest", and the State Statutes governing conflicts of interest. The Provider shall disclose, in writing, to the City any possible conflicting interest or apparent impropriety that is covered by the above provisions. This disclosure shall occur immediately upon knowledge of such possible conflict. The City will then render an opinion, which shall be binding on both parties. SECTION X: INDEMNIFICATION AND INSURANCE The Provider shall indemnify and hold harmless the City from any and all claims, liability, losses and causes of action, which may arise out of the 15 Agreement. The Provider shall pay all claims and losses of any nature whatsoever in connection therewith and shall defend or pay to defend all suits brought against the City, when requested, and shall pay all costs and judgments which may be issued thereon. Automobile and vehicle coverage shall be required when the use of automobiles and other vehicles are involved in any way in the performance of the Agreement. The Provider shall submit to the City an ORIGINAL Certificate of Insurance. All liability insurance coverage shall be approved by the City's Risk Management Office prior to the release of any fiords under this Agreement. Generally, the amount of coverage necessary would be at a minimum of $300,000. Further, in the event evidence of the required insurance is not forwarded to the Risk Management Office within thirty (30) days after the execution of this Agreement, this Agreement may be terminated at the City's option and any payments then due may be permanently withheld by the City and the City will have no further obligation under this contract or any subrecipient contract. SECTION XI: REPORTING AND EVALUATION REQUIREMENTS Maintaining credibility for the community development effort rests heavily on the ability to produce an impact in low/moderate income areas, through progress in accomplishing scheduled activities. An effective method for maintaining project progress against a previously established schedule is through project evaluation and reporting, which will consist of both written reports and staff discussions on a regular basis. The Provider also assures prompt and efficient submission of the following: A. Monthly Reports are due no later than the tenth (10th) day of the succeeding month and shall include the request for payment when applicable. Contents of the Monthly Report, attached hereto and made a part hereof as Appendix 3, shall include but not necessarily be limited to the following: 1. The Narrative Report Form 2. The Financial Summary Form, which shall include the request for payment and documentation, as applicable. 3. The Client Profile Form B. Final Evaluation. Within twenty (20) days of contract completion, a final report documenting how the Statutory National Objective and the eligibility requirements were met must be submitted by the Provider to the City's Housing Division for review and approval. The contents of it shall include a cumulative total of the data submitted during the program's operation. Further, such report shall include statistical findings, which depict program efficiency; i.e., the number of dollars spent, including non-CDBG funding sources, to render actual. service to program 16 recipients, and an overall evaluation of the program's effectiveness, and quantitative results. The final report will be evaluated and the Provider will be notified if additional data is necessary or that the project/activity is considered "closed-out". Other Reporting Requirements may be required by the City in the event of program changes, need for additional information or documentation and/or legislation amendments. The Provider shall be informed, in writing, if any changes become necessary. Reports and/or requested documentation not received by the due date, shall be considered delinquent, and maybe considered by the City as sufficient cause to suspend CDBG, HOME, and SHIP payments to the Provider. SECTION XH: AUDIT AND INSPECTIONS At any time during normal business hours and as often as City and/or Federal Government representatives may deem necessary, there shall be made available to representatives of the City and/or the Federal Government an opportunity to review, inspect or audit all records, documentation, and any other data relating to all matters covered by the Agreement. An annual organization audit shall be submitted to the City 120 days after the end of the Provider's fiscal year. The submitted audit shall include any management letters and agency responses to the management letters. The audit shall be performed in accordance with OMB Circular A-110 Attachment F, OMB Circular A-133 or OMB Circular A-128, as applicable. If this Agreement is closed-out prior to the receipt of an audit report, the City reserves the right to recover any disallowed costs identified in an audit after such close-out. SECTION XIII: REVERSION OF ASSETS The Provider shall transfer to the City any CDBG, HOME or SHIP funds on hand (including program income) or any accounts receivable attributable to the use of CDBG, HOME or SHIP funds should the agency close its doors. The Provider shall also transfer to the City any real property in the Provider's control that was acquired or improved in whole or in part of with CDBG, HOME or SHIP funds, unless it is used to (1) meet one of the national objectives in Section 570.208 until five years after the expiration of this agreement, or for such longer period of time as determined to be appropriate by the recipient; or (2) if not used for eligible activity, the Provider shall pay to the City an amount equal to the current to the current market value of the property less any portion of the value attributable to expenditures of non-CDBG, HOME or SHIP funds for the acquisition of or improvement to, the property. SECTION MV: COl!MIANCE WITH LOCAL STATE & FEDERAL REGULATIONS The Provider agrees to comply with all applicable federal regulations as they may apply to program administration. Additionally, the Provider will comply with all state and local laws and ordinances hereto applicable. 17 ty SECTION XV: ADDITIONAL CONDITIONS AND COMPENSATION It is expressly 'understood and agreed 'by the parties hereto that monies contemplated by this Agreement to be used for compensation originated from grants of federal Community Development Block Grant Fonds, HOME Investment Partnership Program Funds and State Housing Initiatives Partnership Funds, and must be implemented in full compliance with all of HUD's and the State of Florida rules and regulations. It is expressly understood and agreed that in the event of curtailment or non-production of said federal grant funds, that the financial sources necessary to continue to pay the Provider compensation will not be available and that this Agreement will thereby terminate effective as of the time that it is determined that said funds are no longer available. In the event of such determination, the Provider agrees that it will not look to, nor seek to, hold liable, the City or any individual member of the City Commission thereof personally for the performance of this Agreement and all of the parties hereto shall be released from Ruther liability each to the other under the terms of this Agreement. .E , IN WITNESS WHEREOF the parties hereto have caused this Agreement to be executed by their duly authorized officials on the day and date first above indicated, By President Date Continued: f ATTEST: Secretary Date ! Countersigned: CITY OF CLEARWATER, FLORIDA By: Brian J. Aungst William B. Horne, II Mayor Comrnission'er City Manager Continued: Approved as to form: Attest: Cynthia E. Goudeau Assistant City Attorney City Clerk t9 1 APPENDIX 1 Provider's Program Budget 'Category .Amount 4ther.Fundq Other Funding Total, : Requested Sources mmitted Proposed Co ` Provider's Program Implementation Schedule Planned ' Implementation . Steps - . Oct , . Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep 2) 3) 5) 6) APPENDIX 2 ACKNOWLEDGEMENT OF ECONOMIC DEVELOPMENT ACTIVITIES If the Provider will be using CDBG funds for an Economic Development Activity, the following federal requirements must be acknowledged: The provider will be responsible for the day-to-day administration of the Clearwater Neighborhood Housing Service Economic Development Loan Program. The Provider will administer all tasks in connection with the aforesaid program in compliance with all applicable Federal, state, and local rules and regulations governing these funds, and in a manner satisfactory to the City. The Provider with limited input from the City shall be responsible for, the economic development loan program. procedures and forms, outreach, loan applications, underwriting assessment, loan collateral, establishing and conducting the loan review committee, loan closing, maintaining job creation files, monitoring for job creation/retention, and maintenance of records. The City will provide loan servicing and loan portfolio management. In addition, 'the City will sit on the loan review committee, monitor the Provider for compliance and provide technical assistance. ' LOW/MODERATE INCOME JOBS Criteria A low/moderate jobs activity is one that creates or retains permanent jobs, at least 51% of which are taken by low/moderate income persons or considered to be available to low/moderate income persons. In counting jobs created or iobs retained, the following policies apply: o Part-time jobs must be converted to full-time equivalents. o Only permanent jobs count. o' Temporary jobs may not be included. o Regardless of the sources of funding, all permanent jobs created by the activity must be counted. o Trickle-down jobs {jobs indirectly created by the assisted activity may not be counted). For iobs retained, the following additional criteria apply: o There is clear and objective evidence that permanent jobs will be lost without CDBG assistance. Such evidence includes: a notice by the business to affected employees, a public announcement by the business, or relevant financial records. o Retained jobs are considered to involve the employment of low/moderate income persons if 51% of such jobs are known to be held by low/moderate income persons when CDBG assistance is provided. Jobs are considered to be available to low/moderate income persons when both the following conditions are fulfilled: a Special skills that can only be acquired with one or more years of training or work experience, or education beyond high school, are not a pre-requisite to fill such jobs, or else the business nevertheless agrees to hire unqualified persons and train them; and o The Provider ensures that the assisted business adheres to the principles of "first consideration" by: using a hiring practice that in all likelihood will result in over 51% of those hired being low/moderate income persons; seriously considering a sufficient number of low/moderate income job applicants to meet this intent; determining that the distance from the job applicant's residence is close to the job site or that transportation is available to the job site. RECORDS TO BE MAINTAINED Where the low/moderate income benefit is based on job creation, the Provider's files must include the documentation described in either (A) or (B) below: (A) For activities where at least 51% of the jobs will be available to low/moderate income persons, documentation for each assisted business must include: A copy of a written agreement containing: • A commitment by the business that it will make at least 51% of the jobs available to low/moderate income persons and will provide training for any of those jobs requiring special skills or education; • A listing by job title of the permanent jobs to be created, indicating which jobs will be available to low/moderate income persons, which jobs require special skills or education, and which jobs are part-time; • A description of actions to be taken by the Provider and business to ensure that low/moderate income persons receive "first consideration" for these jobs; and o A listing, by job title, of permanent jobs filled, and which jobs were available to low/moderate income persons, as well as a description of how "first consideration" was given to such persons for those . jobs. The description must include what type of hiring process was used; which low/moderate income persons were interviewed for a particular job and which interviewees were hired. (B) For activities where at least 51% of the jobs will be taken by low/moderate income persons, documentation for each assisted business must include: A copy of a written agreement containing: • ' A commitment by the business that at least 51% of the jobs, on a full-time equivalent basis, will be taken by low/moderate income persons and a listing by job title of the permanent jobs created; • A listing, by job title, of the permanent jobs filled and which jobs were initially held by low/moderate income persons; and • Information on the size and annual income of the persons' immediate family prior to the low/moderate income person being lured for the job. Where low/moderate income benefit is based on job retention, the files must include the following documentation: • Evidence that jobs would be lost without CDBG assistance. • A listing, by job title, of permanent jobs retained, indicating which of those jobs are part-time and (if known) which are held by low/moderate income persons at the time the assistance is provided. • Identification of any retained jobs not already held by low/moderate income persons which are projected to become available to low/moderate income persons through job turnover within two years of the time CDBG assistance is provided. (Job turnover projections should also be included in the record.) • information on the size and annual income of the low/moderate income persons' immediate family for each retained job claimed to be held by a low/moderate. income person. Acceptable documentation on jab applicant/ employee family income includes any one of the following: o Notice that job applicant/employee is a referral from state, county, or local employment agency or other entity that agrees to refer individuals determined to be low/moderate income according to HUD criteria. (These entities must maintain documentation for city or federal inspection.) o Written certification, signed by the job applicant/employee, of family income and size to establish low/moderate income status by showing: the actual income of the family, or a statement that the family income is below CDBG low/moderate income requirements. (These certifications must include a statement that they are subject to verification by the local or federal government.) o Evidence that job applicant/employee qualifies for assistance under another program with income qualification criteria at least as restrictive as those used by the CDBG program, such as refen als from the Job Training Partnership Act (JTPA) Program, except for referrals under the JTPA Title III Program for dislocated workers. ADDITIONAL CONSIDERATIONS The Provider must prepare a "necessary or appropriate" determination whenever CDBG assistance is provided for a private, for-profit entity carrying out economic development cq m G z w CL CL a I- 4) c V 0 V 0 rn O cq O N C, d Cl 0 N } O} •O ii: NJ a m = 0. 'O ? w to _ m O O V i 0 0 a c? w ti N c 0 m a E 0 0. ID 0.' [4 U LL 730 b . i N o n A M L m ! U 0 0 m 6 .-. r N a a) M ? m m '.f m 2 u w Ln G c 0 c 13 U [D APPENDIX 4 EQUAL EMPLOYMENT OPPORTUNITY CLAUSE FOR CONTRACTS SUBJECT TO EXECUTIVE ORDER 11235 The applicant hereby agrees that it will incorporate or cause to be incorporated into any contract for construction work, or modification thereof, as defined in the regulations of the Secretary of Labor at 41 CFR Chapter 64, which is paid for in whole or in part with funds obtained from the Federal Government or borrowed on the credit of the Federal Government pursuant to the grant, contract, loan insurance, or guarantee, or undertaken pursuant to any Federal program involving such grant, contract, loan, insurance, or guarantee, the following Equal Opportunity clause: During the performance of this contract, the contractor agrees as follows: (1) The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, or national origin. 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 pay or other forms of compensation; and selection of 'training, including apprenticeship. The contractor agrees to post in a conspicuous place, available to employees and applicants for employment, notices to be provided setting forth the provision of this nondiscrimination clause. (2) The contractor will, in all solicitations or advertisements for employees placed by or behalf of the ' contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex or national origin. (3) The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representative of the contractors commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (4) The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. (5) The contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. (6) In the event of the contractors non-compliance with the non-discrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part and the contractor may be declared ineligible for further government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. (7) The contractor will include the portion of the sentence immediately preceding paragraph (1), and the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246. of September-24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for non-compliance provided, however, that in the event a contractor becomes involved in or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency, the contractor may request the United States to enter into such litigation to protect the interest of the United States. The applicant further agrees that it will be bound by the above Equal Opportunity clause with respect to its own employment practices when it participates in federally assisted construction work: provided that, if the applicant so participating is a State or local government, the above Equal Opportunity clause is not applicable to any agency, instrumentality or subdivision of such government which does not participate in work on or under the contract. The applicant agrees that it will assist and cooperate actively with the administering agency and the Secretary of Labor in obtaining the compliance of contractors and subcontractors with the Equal Opportunity clause and the rules, regulations, and relevant orders of the Secretary of Labor, that it will furnish the administering agency and the Secretary of Labor such information as they may require for the supervision of such compliance, and that it will otherwise assist the administering agency in the discharge of the agency's primary responsibility for securing compliance. The applicant further agrees that it will refrain from entering into any contract or contract modification subject to Executive Order 11246 of September 24, 1965, with a contractor debarred from, or who has not demonstrated eligibility for, government contracts and federally assisted construction contracts pursuant to the Executive Order and will carry out such sanctions and penalties for violation of the equal opportunity clause as may be imposed upon contractors and subcontractors by the administering agency of the Secretary of Labor pursuant to Par IL Subpart D of the Executive Order. In addition, the applicant agrees that if it fails or refuses to comply with these undertaldngs, the administering agency may take any or all of the following actions: cancel, terminate, suspend in whole or in part this grant (contract, loan, insurance guarantee); refrain from extending any further assistance to the applicant under the program with respect to which the failure or refund occurred until satisfactory assurance of future compliance has been received from such applicant; and refer the case to the Department of Justice for appropriate legal proceedings. SECTION 3 CLAUSE A. The work to be performed under this contract is on a project assisted under a program providing direct Federal financial assistance from the Department of Housing and Urban Development and is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701u. Section 3 requires that to the greatest extent feasible, opportunities for training and employment be given to lower income residents of the project area, and contracts for work in connection with the project be awarded to business concerns which are located in, or owned in substantial part by persons residing in the area of the project. B. The parties to this contract will comply with the provision of said Section 3 and the regulations issued pursuant thereto by the Secretary of Housing and Urban Development set forth in 24 CFR 135.20, and all applicable rules and orders of the Department issued there under prior to the execution of this contract. The parties to this contract certify and agree that they are under no contractual or other disability which would prevent them from complying with these requirements. C. The contractor will send to each labor organization or representative of workers with which he has a collective bargaining agreement or other contract or understanding, if any, a notice advising the said labor organization of workers' representative of his commitments under this Section 3 Clause and shall post copies of the notice in conspicuous places available to employees and applicants for employment or training. D. The contractor will include this Section 3 Clause in every subcontract for work in connection with the project and will, at the direction of the applicant for or recipient of Federal financial assistance, take appropriate action pursuant to the subcontract upon a finding that the subcontractor is in violation of regulations issued by the Secretary of Housing and Urban Development, 24 CFR 135.20. The contractor will not subcontract with any subcontractor where it has notice or knowledge that the latter has been found in violation of regulations under 24 CFR 135.20, and will not let any subcontract unless the subcontractor has first provided it with a preliminary statement of ability to comply with the requirements of these regulations. E. Compliance with the provisions of Section 3, the regulations set forth in 24 CFR 135.20, and all applicable rules and orders of the Department issued hereunder prior to the execution of the contract, shall be a condition of the federal financial assistance provided to the project, binding upon the applicant or recipient for such assistance, its successors, and assigns. Failure to fulfill these requirements shall subject the applicant or recipient, its contractors and subcontractors, its successors, and assigns to those sanctions specified by the grant or loan agreement or contract through which Federal assistance is provided, and to such sanctions as are specified by 24 CFR 135.20. rE Clearwater City Commission Agenda Cover Memorandum worksession Item #: Final Agenda Item # Meeting Date: SUBJECTIRECOMMENDATION: r o 3?. Approve acceptance of grant funding in the amount of $34,510 from the State of Florida, Office of the Attorney General, 2002/2003 Victims of Crime Act (VOCA) Grant Program, n and that the appropriate officials be authorized to execute same. SUMMARY: • The City of Clearwater Police Department has been awarded a VOCA grant in the amount of $34,510 that will be used to continue funding for an additional victim advocate. • For the past three years, VOCA grant funding has allowed Clearwater's victim assistance program to provide more crime victims with crisis counseling; follow-up contact; information and referral; criminal justice support/advocacy; emergency financial assistance; and assistance in filing .compensation claims. The addition of the VOCA-funded victim advocate and the victim assistance program volunteers has enabled Clearwater to provide all of these services at virtually any time of the day or night and allowed for easier scheduling of vacation and sick days without a negative impact on victim services. • Grant funds will provide $34,510 for salary and benefits for the additional victim advocate. A percentage of the salary and benefits for both of the Department's victim advocates will serve as the City's required 20% match in the amount of $8,627. All costs associated with the grant will be charged to Special Project Number 181-99301. • The VOCA-funded victim advocate position is not required by the grant to be retained at the end of the grant period. • VOCA Program Guidelines require that all grant recipients utilize volunteers in their victim advocacy programs. The Department has been successful in recruiting a number of outstanding volunteers to supplement the program and will continue to do so. The Department provides the screening and training for the volunteers, as well as office space, equipment and free parking. Reviewed by: Originating Dept: Costs Legal Info Srvc nla Police i'-11("7 Total $8,627 Budget. Public Works Prepared by: Janet Skinner Funding Source: Purchasing a DCM/ACM User Dept. Current FY CI Risk Mgmt nla Other nl, Police,r44- OI' Attachments Other $8,627 Submitted by: r Special Project # 181-99301 Cit Manager X Nome 10 Printed an recycled paper Rev. 2198 Clearwater City Commission Werksesslon Item #: ., Agenda Cover Memorandl.irn Final Agenda Item # Meeting Date: 10103102 SUBJECT/RECOMMENDATION: Accept grant and approve the corresponding agreement from the Florida Department of Transportation totaling $62,065 for 100% funding in FY 03 for a Pedestrian Bikeway Coordinator and 75% funding in FY 04 and 50% funding in FY 05, and establish one FTE, I@ and that the appropriate officials be authorized to execute same. SUMMARY: • The Parks and Recreation Department has attempted to administer the City's Bikeway and Trail Plan through the allocation of limited staff resources. While this program has been successful in the development of the East/West Trail it has not been able to receive the necessary focus of securing the necessary funding to implement the citywide vision: • The Tampa Bay region is annually selected as one of the most dangerous and 4Ipedestrian, bicycle unfriendly transportation systems in the country. • in the Parks and Recreation Master Plan that was presented to the Commission earlier this year one of the top priorities was the completion of the City's bikeway and trail plan. This will not only provide safe passage for non-automotive vehicles but also links many of the City's parks and recreation facilities. • Through the State of Florida Department of Transportation, Highway Safety Funds are available as a sub grant of the U.S. Department of Transportation to provide a safe alternative for non-automotive vehicle transportation for a three-year period. • Acceptance of this grant and the establishment of this position will allow for the submitting of grant opportunities, monitoring of projects from award through construction, and securing of funding to complete such projects as the East/West Trail, Druid Road Trail and the coordination with the county and other trail providers to provide a seamless link. In essence to provide a first class pedestrian environment citywide. • It is anticipated that the completion of the citywide trail system will take 20 years. Per the Master Plan, maintenance costs over that period of time are anticipated to reach $150,000. Funding is proposed to come from projected revenues for Pinellas County for non-resident facility use. • Future funding would be provided within the Parks and Recreation budget through a combination of attrition and reallocation of existing resources. No new funding is being requested, only one unfunded FTE. Reviewed l L --- z Info Srvc Originating Dept: Parks 8 Recreatlon Do t Costs ega i NIA p . D Ke i b Di otal NIA Budget Public Works rector v n un ar, Funding Source: hasin P User De ' t urc /A DCMIACM . ter p Current FY NIA CI Risk Mgmt . NIA Other Parka & Recreation De OP Attachments: Other Submlttod by: • City Managor ? None Appropriation Code: None Printed on recycled paper Rev. 2190 STATE OF FLORIDA UGPARM100 OF TRANSPORIA11014 . SUBGRANT APPLICATION FOR HIGHWAY SAFETY FUNDS 500-005.01 SAFCTY OGC • 07/01 For D.O.T. Use Only Project Number: DOT Contract Number: Federal Funds Allocated: Date Approved: Subgrant Period: Date Revised: Subgrant History: (1) (2) (3) je rt J [(Part I: GENERAL ADMINISTRATIVE INFORMATION See Instructions for Highway Safety Subgrant Applications) 1. Project Title: Clearwater Pedestrian/Bicycle Coordinator 2. Type of Application: Q + Initial Q Continuation 13. Requested Subgrant Period: 10/1/2002 4. Support . Sought: $62,065 5. Applicant Agency (Subgrantee): City of Clearwater, #220 100 S. Myrtle Av Clearwater, FL 33756-5520 to 9/30/2003 Total Budget: $62,065 6. Implementing Agency: Parks and Recreation Department City of Clearwater 100 S. Myrtle Ave Clearwater, FL 33756-5520 Telephone: _ (727) 562-4811 Telephone: _(727) 562-4811 7. Federal ID Number: 8. State SAMAS Number (State Agencies) 596000289 9. Chief Financial Officer: 10. Project Director: Mark E. Goheen Administrative Analyst 100 S. Myrtle Avenue Clearwater,,FL 33756-5520 Telephone Number: (727) 562-4819 Fax Number: (727) 562-4825 E-Mail Address: mgoheen@clearwater-fi.com Subgrant funds provided by the U.S. Department of Transportation, National Highway Traffic Safety Administration, Catalog of Federal Domestic Assistance Number - 20.600, State and Community Highway Safety Program, through the Florida Department of Transportation, Page 1 10 Matching ' Share: $0 Jon A. Russell Administrative Support Manager 100 S. Myrtle Avenue Clearwater, FL 33756-5520 Telephone Number: (727) 5624811 Fax Number: (727) 5624825 E-Mail Address: frusseli(cD-clearwater-fl.com 50D.005-0 1 Part II: PROJECT PLAN AND SUPPORTING DATA SAFETY = . Clm1 State clearly and In detail the alms of the project, precisely what will be done, who will be involved, and what is expected to result. Use the following major headings: 1. Statement of the Problem 2. Proposed Solution 3. Objectives 4. Evaluation 5. Milestones (Use form provided) Start below and use additional pages as necessary. 1) Problem statement The Clearwater-Tampa-St. Petersburg area has been identified the most dangerous large metropolitan region for pedestrians) The.Tampa-St. Petersburg-Clearwater area has been identified as the most dangerous large metropolitan region for Pedestrians by the Mean Streets 2000 report prepared by the Surface Transportation Policy Project. It has ranked consistently among the top five dangerous areas since 1995. These reports indicate a serious need to address the safety and transportation needs of pedestrians and bicyclists in the area. In addition, 26% of Clearwater's population is 60 years old and up and this segment is growing. This segment of the population Is particularly at risk for pedestrian- related hazards. Another 15% of Clearwater's population is too young to drive, and also requires a safe pedestrian- and bicycle-friendly environment. Due to the urban sprawl and traffic congestion of Pinellas County, It is very difficult for these populations - or anyone else - to get anywhere or carry on a normal life without using a car. 2) Proposed Solutign. A full-time Pedestrian/Bicycle Coordinator is essential to dedicate and focus resources to address the serious safety needs of pedestrians and bicyclists In Clearwater. The requested Highway Safety funds will be used to create a new, permanent PedestrianlBicycle Coordinator position within the City of Clearwater, to report directly to the Administrative Support Manager for the Clearwater Parks and Recreation Department. The job description, coordinator's attributes, and program would be similar to what is described in FHWA publication, "The Role of Local Bicycle/Pedestrian Cooridnator" distributed by the FDOT Safety Office in Tallahassee, FL, including the emphasis on institutionalization. The Ped/Blke Coordinator would work to achieve the City's vision of its future, which includes "a first class pedestrian environment" downtown and in the Beach District. Due to the considerable overlap in program goals and methods of accomplishing these goals, the Ped/Bike Coordinator will work closely with the City's Traffic Engineering division. In addition, the coordinator will also provide support to programs sponsored by the Parks and Recreation and Police departments, such as Bike Days, a pedestrian/bicyclist educational safety program aimed at the senior and the school-age population, and bold Star, a positive reinforcement program to enforce bicycle regulations. Part of the scope of the Clearwater's Bikeway and Trail Plan is the need to identify the specific trail routes required to meet the recreational and transportation needs of the bicycling, roller skating, jogging and walking public within the city limits of Clearwater. Because an understanding of pedestrian and bicycle safety needs is new to many people, it is important to be able to clearly and convincingly convey what is needed and achieve widespread agreement in the face of competing demands in order to institutionalize pedlbike safety and move pedlbike safely projects forward. In other words, "We're going to tell our story, we're going to do it with pictures, and we're going to get consensus." Equipment requested will be used to document situations In the field, analyze these hazards, and create persuasive arguments for positive solutions. Page 2 580.065.01 SAVOY UC.c • 07101 3. Objectives The most important objectives are those involving putting into place long-term solutions through the institutionalization of ped/bicycle safety, as,described In the bicyclelpedestrian coordinator's guide. This would include appropriate changes to the Comprehensive Plan, Land Development Code, appropriate Master Plans, and Engineering Standards. The specific priorities for the pedestrian/bicycle coordinator's position within those objectives are: • To establish an effective procedure for accumulating and analyzing pedestrian & bicycle accident statistics within the City of Clearwater by June 30, 2003.. • To identify the top ten impediments to pedestrian safety within the City of Clearwater by September 30, 2003. • To review, evaluate and track all current plans for roadway and/or sidewalk modifications within the City and make written recommendations for the improvement of ped-blke safely to proper management authority. A report summarizing these efforts will be provided by September 30, 2003. To become an integral, effective and respected part of the transportation planning process for all future projects. While this will be an ongoing effort, a summary report will be provided at the end of each fiscal year. • Establish and document a public education and awareness by September 30, 2003. To update and expand the existing 'draft' Citywide Pedestrian and Bikeway Plan and seek formal commission approval. Continue to develop the current off-road trail system which will offer a viable alternative to motor vehicles for commuters, and recreational enthusiasts alike. An annual summary report will document accomplishments such as new funding acquired, new trail footage opened to the public, newly acquired land for trail use, and surveys documenting basline use of existing trails. • To develop and employ practical and effective trail, sidewalk, and bikelane inspection and maintenance standards by September 30, 2004 To help develop an on-going cooperative, productive team approach to solving county-wide ped-bike safety and convenience concerns. A log will be kept of these efforts and results. 4. Evaluation The success of the Ped/Bike Coordinator position will be measured and evaluated by its accomplishments. The Ped/Bike Coordinator will maintain a weekly log of all activity which, in summary, will provide the basis for: • A list of the top 5 locations for pedestrian or bicycle accidents resulting in personal injury. • A list of the top 5 causes for pedestrian or bicycle accidents resulting in personal Injury. • A list of the primary impediments-to improving pedestrian and bicycle'safety in Clearwater. • , A list of prioritized projects and programs addressing these needs. • A list of available grants opportunities to assist with project & program funding. A list of grants applied for, and grants awarded. • A list summarizing the results of participation in county bikeway and pedestrian planning committees. • Reports of: 4) Training program effectiveness; 2) Infrastructure improvements to existing facilities; and 3) The development of a long-range ped/bike plan which is coordinated with neighboring counties and other statewide efforts. Page 3 500.OGS-01 Ar[TY occ -VIA" Timetable for Milestones Milestones I st Quarter 2nd Quarter 3rd Quarter 4th Quarter pC7 NOV DEC JAN FEB MAR APR MAY JUN JUL AUG SEP Advertise, recruit & hire Ped/Bike Coordinator X X Purchase equipment for PedlBike Coordinator X X X ID primary pedlbike safety Issue needs X X X X X Prioritize projects addressing these needs X Research & apply for grant opportunties X X X X X X X X X Update & expand Ped/bikeway Plan X X X X X Seek Commislon approval of PedlBikeway Plan X X X Participate In MPO Bike Advisory Committee X X X X X X X X X Participate In MPO Ped Trans Advisory Comm X X X X X X X X X Participate In Pinellas CTST X X X X X X X X X Develop training programs X X X X X X Work closely wl City Traffic Calming Engineer X X X X X X X Support Parks and Police Depts' programs X X X X X X X X X X Work w/Regional Crash Data Center X X X Work with City's GIS Section X X X X X X X Work with advocacy groups X X X X X X X Work to put long-term policy support in place X X X X X X X X X Coordinate trails & bikeways construction X X X X X X X X X Work on the Traffic Calming Master Plan X X X X X X Page 4 500.005.01 Part Ill: PROJECT DETAIL BUDGET snrGTV OGC•01MI Project Title: Clearwater Pedestri an/B [cycle Coordinator Project Number: Contract Number: BUDGET CATEGORY TOTAL FEDERAL NON-FEDERAL FUNDING STATE LOCAL A. Personnel Services Pedestdan/Bicycle Coordinator Salary $ 42,000 $ 42,000 Benefit: Medial Ins, fixed $ 4,070 $ 4,070 Benefit: Pension @ 7% $ 2,940 $ 2,940 Benefit: Medicare Tax @ 1.45% $ 609 $ 609 Benefit: SAMP life ins @ .23% $ 96 $ 96 Sub-total $ 49,715 $ 49,715 B. Contractual Services Sub-total C. Expenses EducationaUPromotional Materials $ 2,000 $ 2,000 Training and travel $ 2,000 $ 2,000 Bike rack and accessories $ 700 $ 700 Software for imaging and publication $ 100 $ 100 Hardware for Imaging and presentation $ 1,850 $ 1,850 Sub-total $ 6,650 $ 6,650 D. Operating Capital Outlay Digital still & full motion video cameras $ 3,400 $ 3,404 Computer; 1st of 3 year $2100 lease w Dell $ 700 $ 700 Bicycle $ 1,600 $ 1,600 Sub-total $ 5,700 $ 5,700 E. Indirect Cost Sub-total Total Cost of Project $ 62,065 $ 62,065 Budget Modification Number: Page 5 Effective Date: 500.065.01 BUDGET NARRATIVE sn ETY acc - 07/01 Project Title: Clearwater Pedestrian/Bicycle Coordinator Project Number: Contract Number: _ The following is a narrative description of the project budget by line item by category, detailing the item and anticipated ,cost. Each category must be sufficiently defined to show cost relationship to project objectives. Attach additional sheets i as needed. Expense dollars from this grant will be used to create, staff and properly equip a new staff positon of Pedestrian/Bicycle Coordinator for the City of Clearwater. A. Personnel Services $1,538.46 biweekly, plus benefits, based on an annual salary of $42,000, plus benefits including: medical Insurance; dental insurance; life insurance; retirement plan; sick leave; vacation (after 1 st year); and tuition' reimbursement. G. a ses , Educational/Promotional Materials dollars will be spent to purchase or produce various ped/bike safety promotional materials, trail booklets with safety tips, and "Gold Star" positive reward program materials (Instant "medals" awarded on the spot for safe biking behavior). Training and travel dollars will be spent to attend key conference, training seminars and other professional gatherings, including out of state conferences for the purpose of learning the latest effective tools and approaches and giving professional presentations, and for membership dues and subscriptions for related professional organizations and journals. Examples include the 2-day State Bicycle/Pedestrian Coordinators' meeting, the National Trails Symposium, and the UTEP workshops. Bicycle and accessories dollars will be spent to purchase equipment to equip the Ped/Bike Coordinator to perform related field work and to lead pedlbike-related safety events, including a bicycle, bike rack, locks, lights, saddlebags, first aid kit and storage locker. $!2ftware for Imaging and GIS Video editing software, Pinnacle Studio, $99 (City has already purchased the Adobe Illustrator/Premier Suite) Hardware for Imaging, GIS_and presentation Dazzle Hollywood DV Bridge, $260; Video DVD player, $90; 15" TV, $150 (need 110 ports; cannot be conbined with VCR) Photorealistic printer, such as HP Businessjet 2200, $450 Video camera accessories, including carry case and wide-angle lens adapter, $200; Video DVD recorder, such as Pioneer A04, $700 D. Operating Capital Outla yJdea still and full-motion video cameras Digital video camera, such as Sony Mavica CD400, $899; Digital full-motion video camera, such as the Canon XL-1S, $2,479 (plus shipping) Dell Latitude computer with IEEE 1394 digital port (port to external video editing hardware), 3-year lease totalling $2100. Computer will be purchased under City of Clearwater's cost-effective lease arrangement with Dell Computers for Latitude computers, which includes standard support. Exact configuration will be determined at time of purchase for the most cost-capable configuration, The video editing hardware is external to the computer and so can migrate to a replacement computer when this leased machine is replaced in threee years, Budget Modification Number: Page 6 Effective Date: Part 1V: REPORTS 500.065.01 SAFETY oGC • 0710 1 Quarterly Progress Report.Narrat€ve for the quarter. Project Title: Clearwater PedestrianlBicycle Coordinator Project Number: Implementing Agency: City of Clearwater Project Director: Jon A. Russell, Administrative Support Manager Describe the subgrant activities that took place during the quarter. Attach newspaper clippings, press releases, photos and other items that document activities. Use additional sheets, if necessary. The Quarterly Progress Report of PerformanceIndicators should be sent to the DOT Safety Office along with the narrative within 30 days of the end of each quarter. • Page 7 L0a•oa5.0i SAFELY QUARTERLY PROGRESS REPORT OF PERFORMANCE INDICATORS acc•0VOI for the quarter. Project Title: Clearwater Pedestrian/Bicycle Coordinator Project Number: Implementing Agency: City of Clearwater Project Director: Jon A. Russell, Administrative Support Manager Milestones Acomplished Performance Indicators Quarter Ending . Quarter Ending Si h Quarter Ending Quarter Ending t Projec December 31 March 31 T otals Totals dune 30 September 30 Totals Totals Ped/Bike Coordinator recruited & hired, % complete (goal: 100% by December 1, 2002) Percent of equipment purchased (goal: 75% by December 30, 2002; 100% by January 31, 2003) Number of Bike Advisory Committee meetings attended for Pinellas MPO (goal: 3/quarter) Number of Ped Transportation Advisory Committee meetings attended for Pinellas MPO (goal: 3/quarter) Percent of relevant policy documents (Comprehesive Plan, etc.) identified and reviewed (goal: 50% by March 31, 2003) Percent of Ped/Bikeway Plan updated and expanded (goal: 50% by April 30, 2003) Page 8 ,54?•OG5.01 Final Narrative Report S07ri orc -a7ros Project Title: Clearwater Pedestrian/Bicycle Coordinator Project Number, Implementing Agency: City of Clearwater, Florida Project Director: Jon A. Russell, Administrative Support Manager The following Is a chronological,nanative history of the above listed project in accordance with Part V.• Acceptance and Agreement, Conditions of Agreement, T. Reports. This report is an accurate accounting of the project performance and accomplishments. Attach additional sheets as needed. Page 9 546.065.01 SAVVY Part V; Acceptance And Agreement 0701 Conditions of Agreement. Upon approval of this Subgrant Application for Highway Safety Funds, the following terms and conditions shall became binding. Noncompliance may result in loss of, or delays in, reimbursement of costs. 1. Reports. The implementing agency shall submit the Quarterly Progress Report Narrative and Quarterly Progress Report of Performance Indicators forms to the State Safety Office by January 31, April 30, July 31, and October 31 if there was subgrant activity during the quarter prior to the deadline. The implementing agency shall submit a Final Narrative Report, giving a chronological history of the subgrant activities, problems encountered, and major accomplishments by October 31, unless the State Safety Office extends the subgrant period due to late award of the subgrant. Requests for reimbursement may be returned to the subgrantee or implementing agency unpaid if the required reports are past due. 2. Responsibility of Subgrantee. The subgrantee and its implementing agency shall establish fiscal control and fund accounting procedures that assure proper disbursement and accounting of subgrant funds and required non-federal expenditures. All monies spent on this project shall be disbursed in accordance with provisions of the Project Detail Budget as approved by the State Safety Office. All expenditures and cost accounting of funds shall conform to 49 CFR, Part 18, Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments; 49 CFR, Part 19, Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals, and Other Non-Profit Organizations; OMB Circular A-102, Grants and Cooperative Agreements with State and Local Governments; OMB Circular A-110, Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals, and Other Non-Profit Organizations; OMB Circular A-21, Cost Principles for Educational Institutions-, OMB Circular A-87, Cost Principles for State, Local, and Indian Tribal Government; and/or OMB Circular A-122, Cost Principles for Non-Profit Organizations, as applicable (hereinafter referred to as Applicable Federal Law). The subgrantee and the implementing agency, by entering into this agreement, certify that they meet and shall comply with the federal statutes, executive orders, and implementing regulations applicable to this subgrant. 3. Compliance with Chapter 287, Florida Statutes. The subgrantee and implementing agency agree to comply with all applicable provisions of Chapter 287, Florida Statutes. The following provisions are stated in this agreement pursuant to sections 287.133(3)(a) and 287.134(3)(b), Florida Statutes. (a) Section 287.133 (2)(a), F.S. 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 s. 287.017 for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. (b) Section 287.134 (2)(a), F.S. An entity or affiliate who has been placed on the discriminatory vendor list 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. tOb 4. Approval of Consultant and Contractor Agreements. The State Safety Office shall review and approve in Sta writing all consultant and contractor agreements prior to the actual employment of the consultant or the contractor by the subgrantee or Implementing agency. Approval of the subgrant does not constitute approval of a consultant nth or contractor agreement. P. 10 500.065.01 SAFETY 07101 5. Allowable Costs. The allowability of costs incurred under any subgrant shall be determined in accordance with the general principles of allowability and standards for selected cost items cat forth in the applicable Fedsral Law and slate law, to be eligible for reimbursement. All funds not spent In accordance with the applicable Federal Law will be subject to repayment by the subgrantee. 6. Travel. Travel costs for approved travel shall be reimbursed in accordance with regulations applicable to the implementing agency and the State of Florida, Department of Transportation's (Department's) Disbursement Operations Manual, Chapter 3 Travel, but not in excess of provisions in Section 112.061, Florida Statutes. All travel for out-of-state or out-of-grant-specified work area shall require written approval of the State Safety Office prior to the commencement of actual travel. In addition, prior written approval shall be obtained from the State Safety Office for hotel rooms with rates exceeding $100 per day that are to be reimbursed. 7. Written Approval of Changes. The subgrantee or implementing agency shall obtain prior written approval from the State Safety Office for changes to the agreement. For example: (a) Changes in project activities, objectives, milestones, or performance indicators set forth in the approved application. (b) Changes in budget items and amounts set forth in the approved application. B. Reimbursement Obligation. The State of Florida's performance and obligation to reimburse the subgrantee shall be subject to the availability of Federal highway safety funds and an annual appropriation by the Legislature. As detailed In 49 CFR, Part 29, Governmentwide Debarment and Suspension (Nonprocurement) and Governmentwide Requirements for Drug-Free Workplace (Grants), the subgrantee shall not be reimbursed for the cost of goods or services received from contractors, consultants, vendors, or individuals suspended, debarred, or otherwise excluded from doing business with the Federal government. The subgrantee or its Implementing agency shall submit the required certification by consultants with awards in excess of the small purchase threshold fixed at 10 U.S.C. 2304(g) and 41 U.S.C. 253(8) (currently $25,000). 9. Commencement of Projects. If a project has not commenced within 30 days after the acceptance of the subgrant award, the subgrantee or its implementing agency shall report by fetter the steps taken to Initiate the project, the reasons for delay, and the expected starting date. If, after 60 days from the acceptance of the award, project activity as described herein has not begun, a further statement of implementation delay will be submitted by the subgrantee or its implementing agency to the State Safety Office. The subgrantee agrees that if the statement is not received in 60 days, the State Safety Office may cancel the project and reobligate the funds to other program areas. The State Safety Office, where warranted by excusable delay, may extend the implementation date of the project past the 60-day period, but only by formal written approval from the State Safety Office. 10. Excusable Delays. (a) Except with respect to the defaults of subgranlee's or implementing agency's consultants and contractors which shall be attributed to the subgrantee, the subgrantee and its implementing agency shall not be in default by reason of any failure in performance of this agreement in accordance with its terms if such failure arises out of causes beyond the control and without the fault or negligence of the subgrantee or Its Implementing agency. Such causes may include, but are not restricted to, acts of God or of the public enemy, acts of the Government In either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes, and unusually severe weather, but In every case the failure to perform must be beyond the control and without the fault or negligence of the subgrantee. If the failure to perform is caused by the failure of the subgrantee's or Its Implementing agency's consultant or contractor to perform or make progress, and If such failure arises out of causes beyond the control of the subgrantee, Its implementing agency and Its consultant or contractor, and without the fault or negligence of any of them, the subgrantee shall not be deemed to be in default, unless (1) the supplies or services to be furnished by the consultant or contractor were obtainable from other sources, (2) the Stale Safety Office shall have ordered the subgrantee or its Implementing agency in writing to procure such supplies or services from other sources, and (3) the subgrantee or its implementing agency shall have failed to comply reasonably with such order. P. 11 500.065.01 SACETY orrot (b) Upon request of the subgrantee or its implementing agency, the State Safety Office shall ascertain the facts and extent of such failure and, if it shall be determined that any failure to perform was occasioned by any one or more of the said causes, the delivery schedule shall be revised accordingly. 11. Obligation of Subgrant Funds, Subgrant funds may not be obligated prior to the effective date or subsequent to the termination date of the subgrant period. Only project costs incurred on or after the effective date and on or prior to the termination date of the subgrant application are eligible for reimbursement. A cost is incurred when the subgrantee's employee, its implementing agency, or approved contractor or consultant performs the service required or when goods are received by the subgrantee or its implementing agency, notwithstanding the date of order. 12. Performance. In the event of default, noncompliance, or violation of any provision of this agreement by the subgrantee, the implementing agency, the subgrantee's consultant(s) or,contractor(s) and supplier(s), the subgrantee agrees that the Department may impose such sanctions, as the Department deems appropriate. Such sanctions include withholding of payments, cancellation, termination, or suspension of the agreement in whole or in part. In such an event, the Department shall notify the subgrantee and its Implementing agency of such decision 30 days in advance of the effective date of such sanction. The subgrantee shall be paid only for those services satisfactorily performed prior to the effective date of such sanction. 13. Access to Records and Monitoring. The Department, NHTSA, Federal Highway Administration (FHWA), and the Comptroller and Auditor General of the State of Florida, or any of their duly authorized representatives, shall have access for the purpose of audit and examination of books, documents, papers, and records of the subgrantee and its Implementing agency, and to relevant books and records of the subgrantee, its implementing agency, and its consultants and contractors under this agreement, as provided under Applicable Federal Law. In addition to review of audits conducted in accordance with OMB Circular A-133, as revised, monitoring procedures may include, but not be limited to, on-site visits by Department staff, limited scope audits as defined by OMB Circular A-133, as revised, and other procedures. By entering into this agreement, the subgrantee and its implementing agency agree to comply and cooperate with any monitoring procedures deemed appropriate by the Department. In the event the Department determines that a limited.scope audit of the subgrantee or its implementing agency is appropriate, they agree to comply with any additional instruction provided by the Department. The subgrantee further agrees to comply and cooperate with any Inspections, reviews, investigations, or audits deemed necessary by the Comptroller or Auditor General. The Department shall unilaterally cancel this subgrant if the subgrantee or its implementing agency refuses to allow public access to all documents, papers, letters, or other material subject to the provisions of Chapter 119, F.S., and made or received by the subgrantee or Its implementing agency in conjunction with the subgrant. 14. Audit. This part Is applicable if the subgrantee is a State or local government or a non-profit organization as defined In OMB Circular A-133, as revised. In the event that the subgrantee expends $300,000 or more in Federal awards in Its fiscal year, the subgrantee must have a single or program-specific audit conducted in accordance with the provisions of OMB Circular A-133, as revised. Page 1 of this agreement indicates the source of Federal funds awarded through the Florida Department of Transportation by this agreement, In determining the Federal awards expended in its fiscal year, the subgrantee shall consider all sources of Federal awards, including Federal funds received from the Department of Transportation. The determination of amounts of Federal awards expended should be in accordance with the guidelines established by OMB Circular A-133, as revised. An audit of the subgrantee conducted by the Auditor General in accordance with the provisions OMB Circular A-133, as revised, will meet the requirements of this part. In connection with the audit requirements addressed above, the subgrantee shall fulfill the requirements relative to auditee responsibilities as provided in Subpart C of OMB Circular A-133, as revised. P. 12 500.065.01 SAFM- 07101 If the subgrantee expends less than $300,000 in Federal awards in its fiscal year, an audit conducted In accordance with the provisions of OMB Circular A-133, as revised, is not required. In the event that the subgrantee expends less than $300,000 in Federal awards in its fiscal year and elects to have an audit conducted in accordance with the provisions of OMB Circular A-133, as revised, the cost of the audit must be paid from non-Federal funds. Copies of audit reports for audits conducted in accordance with OMB Circular A-133, as revised, and required by this agreement shall be submitted, when required by Section .320 (d), OMB Circular A-133, as revised, by or on behalf of the subgrantee directly to each of the following: (a) Florida Department of Transportation 605 Suwannee Street, MS-17 Tallahassee, FL 32399-0450 (b) Federal Audit Clearinghouse Bureau of the Census 1201 East 10 Street Jeffersonville, IN 47132 (c) Other Federal agencies and pass-through entities in accordance with Sections .320 (e) and (f), OMB Circular A-133, as revised.. 15. Retention of Records. The subgrantee shall retain sufficient records demonstrating its compliance with the terms of this agreement for a period of three years from the date the audit report is issued, and shall allow the Department or Its designee access to such records upon request. The subgrantee shall ensure that audit working papers are made available to the Department or Its designee upon request for a period of three years from the date the audit report Is issued, unless extended in writing by the Department. Records related to unresolved audit findings, appeals, or litigation shall be retained until the action Is completed or the dispute is resolved. Records shall also be maintained and accessible in accordance with 49 CFR, Section 18.42 or 49 CFR, Section 19.53. 16. Procedures for Reimbursement. All requests for reimbursement of subgrant costs must be submitted on forms provided by the Department (FDOT Form Numbers 500-065-04 through 07). Appropriate documentation supportive of the reported costs must accompany each claim. The subgrantee or its implementing agency shall submit financial reimbursement forms to the Safety Office at least once each quarter as costs are Incurred and payment is made. The only exception is when no costs are incurred during a quarter. Reimbursement for subgrants with personnel costs should be made after every two pay periods. Failure to submit reimbursement requests In a timely manner may result in the subgrant being terminated. All requests for reimbursement of Operating Capital Outlay Items having a unit cost of $5,000 or more and a useful life of one year or more shall be accompanied by a Non-Expendable Property Accountability Record (FDOT Form No. 500-065-09). Payment of the Operating Capital Outlay costs shall not be made before receipt of this form. A final financial request for reimbursement shall be submitted to the State Safety Office within 30 days after the end of the subgrant period, Such request shall be distinctly Identified as Final. Failure to submit the invoice in a timely manner may result in denial of payment. The subgrantee agrees to forfeit reimbursement of any amount Incurred if the final request is not received within 30 days of the end of the subgrant period. 17. Ownership of Data and Creative Material. The ownership of material, discoveries, inventions and results developed, produced, or discovered by the agreement are governed by the terms of 49 CFR, Section 18.34, 49 CFR, Section 19.36, or OMB Circular A-110. P. 13 500.005.01 SAFETY 07101 In addition to'the provisions for 49 CFR, Part 18 and 49 CFR, Part 19, the State Safety Office reserves a royalty-free, nonexclusive, and Irrevocable license to reproduce, publish or otherwise use, and to authorize others to use: (a) The copyright In any work developed under a subgrant or contract under a subgrant; and (b) Any rights of copyright to which a subgrantee or a contractor purchases ownership with subgrant support. 18. Property Accountability. The subgrantee or its implementing agency shall establish and administer a system to control, protect, preserve, use, and maintain and dispose of any property furnished by the Department, or purchased pursuant to this agreement in accordance with Federal Property Management Standards as set forth in 49 CFR, Section 18.32, 49 CFR 19, Section 19.34, or OMB Circular A-110. This obligation continues as long as the property is retained by the subgrantee or its implementing agency, notwithstanding the expiration of this agreement. 19. Disputes. Any dispute, disagreement, or question of fact arising under the agreement shall be decided by the State Safety Office in writing and shall be distributed to parties concerned. A written appeal may be made within 30 calendar days to the Govemor's Highway Safety Representative at the Florida Department of Transportation, 605 Suwannee Street, MS 57, Tallahassee, Florida 32399-0450, whose decision is final. The subgrantee and its implementing agency shall proceed diligently with the performance of the agreement and in accordance with Department's decision. 20. Conferences, Inspection of Work. Conferences may be held at the request of any party to this agreement. Representatives of the Department or the U.S. Department of Transportation (USDOT), or both, shall be privileged to visit the site for the purpose of inspection and assessment of work being performed at any time. 21. Publication and Printing of Observational Surveys and Other Reports. (a) Before publication or printing, the final draft of any report or reports required under the agreement or pertaining to the agreement shall be submitted to the State Safety Office for review and concurrence. (b) Each publication or other printed report covered by Paragraph 21.a. above shall include the following statement on the cover page: (1) This report was prepared for the State Safety Office, Department of Transportation, State of Florida, in cooperation with the National Highway Traffic Safety Administration, U.S. Department of Transportation and/or Federal Highway Administration, U.S. Department of Transportation. (2) The conclusions and opinions expressed in these reports are those of the subgrantee and do not necessarily represent those of the State of Florida, Department of Transportation, State Safety Office, the U.S. Department of Transportation, or any other'agency of the State or Federal Government. 22. Equal Employment Opportunity. No person shall, on the grounds of race, color, religion, sex, handicap, or national origin, be excluded from participation in, be refused the benefits of, or be otherwise subjected to discrimination under this subgrant, or any project, program, or activity that receives or benefits from this subgrant award. The subgrantee and its implementing agency agree to comply with Executive Order (E;.O.) 11246, as amended by E.O. 11375, and as supplemented by 41 CFR, Part 60. 23. Responsibility for Claims and Liability. Subject to the limitations of Section 768.28, Florida Statutes, the subgrantee and its implementing agency shall be required to defend, hold harmless and indemnify the Department, NHTSA, FHWA, and USDOT, from all claims and liability, or both, due to negligence, recklessness, or intentional wrongful misconduct of subgrantee, implementing agency, and its contractor, consultant, agents and employees. The subgrantee and its implementing agency shall be liable for any loss of, or damage to, any material purchased or developed under this subgrant agreement which is caused by the subgrantee's or its Implementing agency's failure to exercise such care in regard to said material as a reasonable careful owner of similar materials would exercise. P. 14 500.065.01 SAFETY 01101 The parties executing this agreement specifically agree that no provision in this agreement is intended to create in the public or any member thereof, a third party beneficiary, or to authorize anyone not a party to this agreement to maintain a suit for personal Injuries or property damage pursuant to the terms or provisions of this agreement. 24. Disadvantaged Business Enterprises (DBE). (a) The subgrantee and Its implementing agency agree to the following assurance: The subgrantee and its Implementing agency shall not discriminate on the basis of race, color, national origin, or sex in the award and performance'of any USDOT-assisted contract or in the administration of its DBE program or the requirements of 49 CFR, Part 26. The subgrantee shall take all necessary and reasonable steps under 49 CFR, Part 26 to ensure nondiscrimination in the award and administration of USDOT-assisted contracts. The subgrantee's DBE program, as required by 49 CFR, Part 26 and as approved by USDOT, Is incorporated by reference in this agreement. Implementation of this program Is a legal obligation and failure to carry out its terms shall be treated as a violation of this agreement. Upon notification to the subgrantee of its failure to carry out its approved program, the USDOT may impose sanctions as provided for under Part 26 and may, in appropriate cases, refer the matter for enforcement under 18 U.S.C. 1001 and/or the Program Fraud Civil Remedies Act of 1986 (31 U.S.C. 3801 et seq.). (b) The subgrantee and its implementing agency agree to include the following assurance In each contract with a consultant or contractor and to require the consultant or contractor to Include this assurance in all subcontract agreements: The consultant or contractor and subconsullant or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The consultant or contractor shall carry out applicable requirements of 49 CFR, Part 26 in the award and administration of USDOT-assisted contracts. Failure by the consultant or contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy, as the subgrantee, its implementing agency, or the Department deems appropriate. 25. Restrictions on lobbying. The subgrantee and Its implementing agency agree to comply and require consultants and contractors to comply with 49 CFR, Part 20, New Restrictions on Lobbying, for filing of certification and disclosure forms. No funds granted hereunder shall be used for the purpose of lobbying the legislature, the judicial branch, or state agencies. Section 216.347, Florida Statutes. 26. 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. 27. Federal Requirement for Public Service Announcements. All public service announcements produced with Federal Highway Safety funds shall be closed captioned for the hearing impaired. 28. Public Awareness Materials and Promotional Items. The name of the subgrantee or implementing agency and its logo can appear on printed materials and promotional items. The names of individuals connected with the subgrantee shall not appear on printed materials and promotional items paid for with Federal highway safety funds. Before printing public awareness materials or ordering promotional items, a final draft or drawing of the items shall be submitted to the State Safety Office for review. The Office shall provide written approval for reimbursement If the Items are appropriate for purchase under this agreement. Copies of all public awareness materials purchased with Federal highway safety funds shall be attached to the forms requesting reimbursement for the items. 29. Term of Agreement. Each subgrant shall begin on the date of the last party to sign the agreement and shall end on September 30, following, unless otherwise stipulated by the State Safety Office on the first page of the respective agreement. The subgrant period shall not exceed 12 months. P. 15 &W-M•01 SAFETY 07/o 1 30. Clean Air Act and Federal Water Pollution Control Act. For subgrant awards In excess of $100,000 the subgrantee and its implementing agency agree to comply with all applicable standards, orders, or regulations Issued pursuant to the Clean Air Act (42 U.S.C. 7401 et seq.) and the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.). The subgrantee shall include this provision In all subcontract awards in excess of $100,000. 31. Personnel Hired Under Agreement. The head of any implementing agency receiving first year funding for a new position(s) through a subgrant shall provide written notification within 30 days of the agreement being awarded to the State Safety Office that a new posltion(s) has been created In the agency as a result of the subgrant being awarded. Any and all employees of the subgrantee or implementing agency whose positions are funded, in whole or in part through a subgrant, shall be the employee of the subgrantee or implementing agency only, and any and all claims that may arise from said employment relationship shall be the sole obligation and responsibility of the subgrantee or its implementing agency. 32. Repossession of Equipment. Ownership of all equipment purchased with Federal highway safety funds rests with the subgrantee and its implementing agency; however, the USDOT maintains an interest in the equipment for three fiscal years following the end of the subgrant period. The State Safety Office, on behalf of the USDOT, may repossess any equipment purchased with Federal highway safety funds that Is not being used by the. subgrantee or its Implementing agency for the purposes described in the subgrant. Items that are repossessed shall be disbursed to agencies that agree to use the equipment for the activity described in this subgrant. 33. Replacement or Repair of Equipment. The subgrantee and its implementing agency are responsible, at their own cost, for replacing or repairing any equipment purchased with Federal highway safety funds that is damaged, stolen, or lost, or that wears out as a result of use. Federal regulations prohibit funding equipment replacement. 34. Ineligibility for Future Funding. The subgrantee and its implementing agency agree that the Department may find the subgrantee or its implementing agency ineligible for future funding for any of the following reasons: (a) Failure to provide the required audits, (b) Failure to continue funding positions created with highway safety funds after the Federal funding cycle ends, (c) Failure to provide required quarterly and final reports in the required time frame, (d) Failure to perform work described in Part li of the subgrant agreement, (e) Providing fraudulent quarterly reports or reimbursement requests, (#) Misuse of equipment purchased with Federal highway safety funds. 35. Safety Belt Policy. Each subgrantee and implementing agency shall have a written safety belt policy, which is enforced for all employees. A copy of the policy shall be attached to the subgrant application. 36. Safety Belt Enforcement. All law enforcement agencies receiving subgrant funds shall have a standard operating procedure regarding enforcement of safety belt and child safety seat violations. A copy of the procedure shall be attached to the subgrant application. 37. Certification for Equipment Costing More than $500 per Item. The head of any implementing agency purchasing equipment costing more than $500 per item shall send a letter to the Safety Office upon award of the subgrant certifying that none of the items being purchased with federal highway safety funds is replacing previously purchased equipment, whether the equipment was purchased with federal, state, or local funds. 36. Checkpoint Reporting. Any law enforcement agency that conducts DUI checkpoints shall attach a copy of the After Action Report for each checkpoint operation conducted during a quarter to its Quarterly Progress Report of Performance Indicators. This requirement applies to all law enforcement agencies, regardless of the program area for which they are being funded. P. 16 k .. ? r ? C,00-065.01 . -SAFETY OGG • 07101 39.Child Safety Seats.,,Any implementing agency that receives funds to purchase child safety seats must have . bt least one staff member certified by the American Automobile Association (AAA) as a Certified Child Passenger Safety Technician within 90 days of the effective date, of the subgrant.. Failure to comply with this provision shall result in the termination of this aareement. ' 40'. Special Conditions. ! L :'7' PROJECT NUMBER: SM-ass-o1 SAFETY OGC • 07101 IN WITNESS WHEREOF, the parties affirm that they have each read and agree to the conditions set forth in Part V of this Agreement, that each have read and understand the Agreement in its entirety. Now, therefore, in consideration of the mutual covenants, promises and representations herein have executed this Agreement by their undersigned officials on the day, month, and year set out below. (For DOT Use Only) SUBGRANTEE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION City of Clearwater, Florida Y Name of Applicant Agency Typed By: By: ature of Authorized Representative Title: William Horne II Authorized Representative's Name Typed Date: Title: City Manager Attest: ' Date: Attest: / D. FEDERAL FUNDS ALLOCATED Signature of Witness ADMINISTRATOR OF IMPLEMENTING AGENCY r By: Reviewed for the Department of Transportation: Signature of Administrator B Kevin E. Dunbar y' Administrator's Name Typed Attorney - DOT Date: Title: Parks and Recreation Director NOTE: No whiteout or erasures accepted on this signature page. P. 18 Worksession Item #: //??LLI Oearwater City Commission `- Agenda CoverMemorandum Final Agenda Item # Meeting Date: 1013102 SUBJECT/RECOMMENDATION: Award a contract to Automated Presort, Inc., Tampa, FL, in the amount of $400,000 (estimated) from November 1, 2002 to October 31, 2003, for mail processing services and postage for the City of Clearwater, 0 and that the appropriate officials be authorized to execute same. SUMMARY: • Automated Presort, Inc. was selected as the least expensive and most responsive vendor to RFP #38-02, for the outsourcing of mail processing services for the City of Clearwater. + Automated Presort, Inc. will pick up, weigh, meter, sort and deliver City of Clearwater outgoing department mail to the United States Postal Service. e Automated Presort, Inc. will pick up, fold, insert, meter and sort utility bills and deliver utility mail to the United States Postal Service. • The $400,000 consists of the following: $50,000 for mail processing services provided to all City Departments sending mail, $130,000 for postage used by all City Departments sending mail and $220,000 for postage used by Clearwater Customer Service for utility mail. + Funding is available in the 2002/03 operating budget for this contract. A copy of the agreement is available for review in the City Cleric Department. Reviewed b . Originating Dept; PC --- Costs Legal fa Srvc N/A John Scott 562.4913 Total $400 000 Eatlmatnd Budget . Public Works User Dept. rundingSource: Purchasing 4a-l- DCMIAC All Curront FY $370,000 Cl Risk Mgmt Other: CCS Attachments Estimated OP X Other Submitted by: 655-09872-530300.519-000 City Manager 0"- © None roApp printlon Codo; 656-09872.542500-619-000 555-09884-5425 ' 00-519-000 Prinhsd on rocvclod moor Rev. 7198 PC2///(;/ SERVICES AGREEMENT SERVICES AGREEI\'IENT ("Agreement") by and between Automated Presort, Inc., a Florida corporation with its principal place of business at 5477 Jet Port Industrial Blvd., Tampa, FL 33634, and City of Clearwater ("City"). having offices at 100 S. Myrtle Ave.. Clearwater, FL 33756 is made and entered into as of the day of . 2002. SECTION 1. Term 1.01 This Agreement shall become effective November 1, 2002, and shall remain in effect through October 3 L 2003. At the option of the City, this agreement may be extended for two additional renewals of one year each. SECTION 2. Agreement to Pro\'ide Services 2.01 Automated Presort. Inc. wiII provide to the City the Services detailed in Exhibit A ("Services"), as may be amended from time to time, in accordance with the terms and conditions set forth herein. Prices for the provision of Services by Automated Presort, Inc. are set forth in Exhibit 13 ("Prices"). SECTION 3. Stundurds of Performance 3.01 All Services shall be performed in a manner consistent with the standards of performance set forth in Exhibit A. 3.02 In the event that Automated Presort, Inc. does not perfoml any component of the Services, in a manner that is substantially consistent with the standards of performance and such Services are not performed to the City's reasonable satisfaction, the City shall notify Automated Presort, Inc. Upon such notification, Automated Presort, Inc. shall promptly take steps to correct or redo the work. 3.03 In the event Automated Presort, Inc. consistently fails to substantially perform significant components of the Services to the City's satisfaction and such Services are not performed, in a manner reasonably consistent with the standards of performance, the City shall notify Automated Presort, Inc. in writing, specifying in reasonable detail the manner in which the City believes the Services to be deficient. Within five (5) business days of such notification, Automated Presort, Inc. shall either correct the deficiencies or submit a comprehensive corrective action plan to the City for approval, which approval shall not be unreasonably withheld, conditioned or delayed. Automated Presort. Inc.'s failure to correct the deficiencies or comply with such corrective action within the time specified in the plan shall constitute non-perfonnance by Automated Presort, Inc. The City shall then have the option of terminating this Agreement, as set forth in Section 10.02. SECTION 4. Contract Administration and Managcmcnt Rcporting. 4.01 The City shall designate a "Contract Administrator" for this Agreement who will serve as thc liaison between Automated Presort, Inc. and the City and shall be the authorized agent of the City. Automatcd Presort, Inc. will dircct aU questions rcgarding this Agreement to the Contract Administrator and shall bc fully protected in relying upon instructions from the Contract Administrator. 4.02 Automatcd Presort, Inc. shall designate a "Sitc Manager" for this Agreement. Thc Sitc Manager wiII be in chargc of the day-to-day delivery of Services hereunder and will bc the point of contact for all operational issues that arise. 4.03 Automated Presort, Inc. will provide activity reports to the City within cstablishcd time frames and in format mutual1y agrccd upon by both parties. 4.04 Automated Presort, Inc. shall maintain accurate records of all amounts billable to, and payn1ents made by, the City under this Agreement in accordance with generally accepted accounting principles. Automated Presort, Inc. shall preserve all records for a period of two (2) years after the termination of this Agreement. The City shaII have access to such rccords, upon prior written request to Automated Presort, Inc., at all reasonable times during Automated Presort, Inc.'s normal business hours during thc period in which Automated Presort, Inc. is required to maintain such records, for thc purpose of verifying the accuracy of the City billings or for any other reasonable purpose. 4.05 The respective party will endeavor to give prior notice to the other party of ariy change in the Contract Administrator or Sitc Manager. SECTION 5. Prices and I)aymcnt Tcrms 5.01 Prices for Services to be provided hereundcr are set forth in Exhibit B. 5.02 The monthly charges for Services will be billed at thc end of each month in which such charges werc incurred. Paymcnt by the City shall be subject to F.S. 218.70 Florida Prompt Payment Act. 5.03 The City will pay for, actual postage costs associatcd with the City mail. Automated Prcsort, Inc. will maintain a daily accounting of postage costs associated with processing the City mail. At a minimum such accounting 2 shall include beginning postagc balance. number or picces or City mail processed at various postage ratcs and daily ending postage balance. Residual postage wiII be tracked and accounted for in the postage reconciliation and paid from the postage deposit. The City will periodically provide a postage deposit to cover ongoing postage expenses. SECTION 6. Insurancc 6.01 Automated Presort. Inc. shall furnish, pay for, and maintain during the life of the Agreement with thc City the following liability coverage: A. Comprehensivc General Liability insurance on an "occurrence" basis in an amount not less than $500,000 combined single limit Bodily Injury Liability and Propcrty Damage Liability. B. Business Automobile Liability insurance in the amount of at least $500,000, providing Bodily Injury Liability and Property Damage Liability. C. Worker's Compcnsation Insurance applicahle to its employees, ifany, for statutory coverage limits in compliance with Florida laws, including Employers' Liability, which meets all state and federal laws. D. Professional Liability / Malpractice / Errors or Omissions insurance, as appropriate for the type business engaged in by Automated Presort, Inc., shall be purchased and maintained by Automated Presort, Inc. with minimum limits of $500,000 per occurrence. E. Product Liability Insurance, as appropriate for the type of products, if any, sold by Automated Presort, Inc. in an amount of not less than $500,000. 6.02 The City is to be specifically included as an additional insured on all liability coverage described above, except the insurance coverage identified in paragraphs 1 (C), (D) and (E). 6.03 All policies of insurance must be endorsed to provide the City with thirty (30) days of cancellation or restriction. 6.04 Automated Presort, Inc. shall provide the City with a certificate or certificates of insurance showing the existence of the coverage required. Automated Presort, Inc. will maintain this coverage with a current certiticate or certificates of insurance throughout the term of the Agreement with the City. When specifically requested by City in writing, 3 Automated Presort will provide the City with ccrtified copics of all policies of insurance as rcquired above. Ncw ccrtificatcs and ncw certified copies of policics if certificd copies of policics have bcen requested, shall be providcd to the City whenever any policy is renewed, re\'ised or obtained from other insurers. 6.05 The address whcrc such certificatcs and ccrtified policics shall bc sent or dc1ivered is as follows: City of Clearwater Attention: City Clerk P.O. Box 4748 Clcarwater, FL 33758-4748 6.06 Automated Prcsort. Inc.. shaIl defend, indemnify. save and hold the City harmless ii'om any and all claims. suits, judgments and liability for death, pcrsonal injury. bodily injury. or propcrty damage arising dircctly or indirectly from any performance undcr this Agreement entered into by thc City and Automated Prcsort, Inc. its employees. subcontractors, or assigns, including legal fecs. court costs or other legal cxpenses. Automated Presort. Inc., acknowledges that is solely responsible for complying with the terms of the Agreement. Automated Presort, Inc., shall at its expense, sccure and provide to the City, prior to beginning pcrformancc under this agreement, all insurance coverage as rcquired. SECTION 7. Indcmnification 7.01 Each party agrces to indemnify and hold harmless thc other. its rcspcctive directors, officers and cmployees, from all losscs, claim of losscs, damages and expenses (including without limitation court costs and rcasonable attorneys' fecs) asserted against the indemnified party by third parties and directly and proximately caused by the ncgligent acts or omissions or misconduct of the indemnifying party, its officers, agents, and employees or authorized rcpr~sentativcs. 7.02 Thc party claiming indemnification under this Section 7 (thc "indemnified party") shall promptly notify the other party of such claim. The indemnifying party shall have the right to control the dcfcnse of the claim including thc right, with thc conscnt of the indemnificd party (which consent shaIl not bc unrcasonably withheld, conditioned or delayed), to compromise or settlc such claim. Thc indcr:":lified party shall participate in such dcfensc if requestcd to do so by thc indemnifying party and shall be reimburscd for its reasonable direct out-of pocket expenses incurred as a result of such participation. 4 ,........ ... 7.03 The City shall be responsible for cnsuring that it has appropriate rights to all materials that it dirccts Automated Presort, Inc. to copy. use or distribute and shall indemnify and hold harmless Automated Presort, Inc., its officers, agcnts and employees from and against any and all suits, actions. Icgal procecdings. claims. demands, or costs arising form such copying, use or distribution at the request or instructions of the City. 7.04 Automated Presort, Inc. maximum liability under Section 7 is limited to those amounts set forth in Section 9. 7.05 The City's maximum liability under Section 7 is limited to those amounts sct forth in Scction 9. SECTION 8. ConfidcntialiQ' and Protcction of Intellcctual Propcrty x.OI Automated Presort, Inc. acknowledges that in providing thc Serviccs hercunder it may have access to confidcntial or proprietary information of the City, its affiliatcs or c1icnts. Automated Presort, Inc. agrees to use such information that is idcntificd in writing by the City as being confidential or proprietary only to fulfill its obligations undcr this Agreement and agrces to hold such information in confidence. 8.02 Automated Presort, Inc. shall inform its employees, agents and independent contractors who require access to information of the City, its affiliates, or clients in ordcr for Automated Presort, Inc. to perform the Services hereunder of the confidentiality obligations set forth above, and Automated Presort, Inc. shall cause them to abide by such obligations. SECTION 9. Limits on Liabilit)' 9.01 Automated Presort. Inc.'s liability hereunder for any claim of whatever nature shall be limited to a maximum of the insurancc amounts stated in Section 6 if such claim is covered by insurance, or to a maximum of $200,000 if such claim is not covered by insurance. 9.02 In no event shall either party to this Agreement be liable to thc othcr for special, consequential or indirect damages, including without limitation loss of anticipated profits, business opportunity or goodwill. 9.03 The City's maximum liability for any claim of whatever nature or any obligation hereunder to indemnify Automated Presort, Inc. shal1 be limited to those amounts sct forth in Section 768.28, Florida Statutes of $1 00,000 for anyone person and $200,000 for anyone incident or occurrencc. SECTION 10. Tcrmination 5 10.01 In thc cvent of substantial non-performance, as described in Section 3.03, thc City shall havc thc right to tcrminate this Agreement upon 30 days prior written notice. 10.02 In addition to all other rights or remedies provided for in this Agrccment or by law. this Agrcement shall automatically tcrminate in thc event that (a) a party hercto shaII makc a gcneral assignment for the bencfit of creditors, (b) a party hereto admits in writing its inabi Iity to pay debts as they mature. (c) a trustee, custodian or receiver is appointed by any court with respect to a party hcreto or any substantial part of such party's assets, or (d) an action is taken by or against a party under any bankruptcy or insolvency laws or laws relating to the rclief of debtors, including federal Bankruptcy Act, and such action is not dismissed within thirty (30) days. 10.03 Tcrmination of this Agrccmcnt shall not relicve cither party of the obligation to pay any amounts duc, or to give any crcdit due, for Scrviccs rendered prior to thc effective dutc of termination. SECTION 11. Forcc Majcurc 11.01 Ncither Automated Presort, Inc. nor the City shall be rcsponsiblc or incur any liability for any delay or failure in performance of any part of this Agrccmcnt to the extent that such dcIay or failure results from causes bcyond its control, including but not limited to firc, flood, explosion, war, labor dispute. embargo, government requirement, civil or military aULhority, natural disasters, or other similar types of situations. If such situations occurs, the party delayed or unable to perform shall give prompt notice to the other party and shall use its commercially reasonable best efforts to resume Services, to the extent possible, as soon as practicable aftcr thc cessation of the situation. SECTION 12. Exhibits 12.0 I Any Exhibits attached hereto are specifically made a part of this Agreement. 12.02 Any Exhibit may be amended or augmented only by the mutual written consent of the parties. Any such amended Exhibit shall be signed by both partics hereto and attached hereto and shall be considered a part of this Agreement. SECTION 13. Entirc Agrcemcnt 13.0 I This Agreement supersedes all prior written or verbal agreements, undcrstandings and discussions betwcen thc parties. This Agreement 6 cannot be modified unlcss signcd by the party against whom such modification is sought to be enforced. SECTION 14. Misccllancous 14.01 This agreemcnt may not be assigned without the prior written consent of thc othcr party, except that either party may assign this agreement to a parent, subsidiary, affiliate, or successor to substantially all of the assets or eithcr party. Any purported assignment without conscnt shall be decmed null and void and having no effect. IN WITNESS WHEREOF, thc parties hereto have exccuted this Agrecment as of thc date first above written. :~TO~~~ Name: iJoUJ./ fA/. (P~HI~tt( Title: P~ib!:iUr Countersigncd: CITY OF CLEAR WATER, FLORIDA By: Brian .J. Aungst Mayor.Commissioner William B. Hornc II City Manager Approved as to form: Attest: ~ "::\ ------ ./) :).) l;'iit;:/ ~. l; ..~.. /,Bi'Y<y . Ruff" . " /) Assistant City Attorney 1'/ Cynthia E. Goudeau City Clerk 7 SERVICES AGREEMENT Exhibit A Scrviccs t. Automatcd Presort. Inc. will bc responsible for thc pick up of the City of Clearwater printed Utility Bills. Final Noticcs and Reminder Final Bills fivc days pcr week (Monday - Friday) excluding ten (10) City Holidays betwccn 2:00 PM and 2:30 PM from the: Municipal Services Building Customcr Service Dcpartmcnt 100 S. Myrtle A vcnue, Clearwatcr. FL 33756. 2. Automated Presort. Inc. will fold Utilitv BilI, Reminder Final Notice and Final Notice. match with a return (#9) cnvcIopc and inscrt into a City of Clearwater (# I 0) cnvclope. Base fee includcs the addition of one insert with the Utility Bill. 3. To distinguish between Utility bills. Direct Debit Utility Bills, Final Notices and Rcminder Final Bills the City of Clcarwater will scparate and identity them in containers for pick up and transport. 4. Automated Prcsort, Inc. will insert additional inserts that may be requested by the City of Clcarwater and targetcd for selcct mailings. 5. Automatcd Prcsort. Inc. wiII notify the City of Clearwater of postage incrcases due to increased weight of additional inserts. Upon notitication, The City of Clcarwater wiII instruct Automatcd Presort, Inc. how to proceed. 6. The City of Clearwatcr will run Utility Mail in zip code order, affix a postal bar code and provide a daily zip code listing and a Cass (Coding Accuracy Support System) rcport. 7. Automated Presort, Inc. will meter and sort completed utility mail to maximize postal discounts. Utility Mail will be sorted to thc five-digit discount. 8. AII Utility Mail will bc proccssed and dclivcrcd to thc Postal Scrvicc on the samc day as pickcd up to ensure same day mailing. 9. Automatcd Prcsort, Inc. will pick up and store one (I) month supply of City of Clcarwater (# 10) cnvclopes, return (#9) cnvelopes and inserts for thc duration of this contract. 8 10. Automatcd Presort. Inc. will use duc diligcnce to prevent multiplc bills from being inserted into one em'elopc and to prevcnt damage to and I or loss of bills or other typcs of errors. 11. Ifa Utility Bill 01' Notice is damagcd in the comsc ofproccssing. Automated Presort, Inc. will fax the damagcd bill to thc City of Clcarwater the samc day for rcprinting. 12. Automated Presort will be responsible for the pick up of City ofClcarwater Dcpartment Mail five days pCI' week (\londay - rridny) excluding tcn (10) City Holidays between 2:00 Pj\'l and 2:30 P\l li'om the: Graphics Building Public Communications Department 711 Maple Strcet Clearwatcr. FL 33755 13. Automatcd Presort will meter City of Clearwater Department Mail by wcighing and applying corrcct postage. 14. Automated Prcsort will barcodc and sort City of Clearwater Department Mail through Automated Sorting Systcms. Departmcnt I\'tail will be sorted to the three- digit Icvcl. 15. All City of Clearwater Dcpartment Mail will be processed and dclivcred to the Postal Servicc on the same day as picked lip to ensure same day mailing. 16. Postal Classi ficution will be first class mail. 17. Automatcd Prcsort will track City of Clearwatcr Utility Mail and Department Mail costs and provide corresponding reports weekly and u summary invoice by the 51h day of the following month. 9 SERVICES AGREEMENT Exhibit B Prices Service Fec: Folding, Inserting, rvletering, Sorting Utility Bills, Reminder Final Notices and Final Notices: $.025 completed envelope (Inserting includes a Bill or Notice, a #9 return envclope and onc insert into a # 1 0 envelope.) Adding an additional insert: $.005 per additional insert Wcighing & rvletering Department mail: $.025 pCI' envelopc Sorting Dcpartment mail to Automation discount: $.025 per discounted picce* Pn.:paration. tracking and reporting and presentation of reports: $100.00 per week *Thcre is no service fec for mail that does not receive a discount through the automated sorting systcm. While the fee for metering remains in force, there is no charge for sorting mail that is sent to the Post Office for full rate; only the residual postage charge applies to this type of mail. Residual postage is the difference between what thc mail is metered at and what the mail actually qualifies for through the sorting process. 10 SUBJECTIRECOMMENDATION: Clearwater City Commission Agenda Cover Memorandum Worksession Item #: 12 Final Agenda Item #t Meeting Dale; 10/03102 Ratify and Confirm Change Order #2 and Final in the amount of $24,947.00 to Angle & Schmid, Inc, of St. Petersburg for the construction of the Consolidated Laboratory (99-0042-UT), ? and that the a ro riate officials be authorized to execute same, SUMMARY: • On March 1, 2001 (item #38) the contract for the construction of the WPC Consolidated laboratory was awarded in the amount of $2,119,683.28 and change order #1 was approved reducing the contract by $96,349.24 for a net contract amount of $2,023,334.04. • The City upgraded their existing equipment from what was originally designed for the project. These changes occurred near the end of the project, causing an overrun of the contingency by $24,947.00 for a new contract total of $2,048,281,04. • Angle & Schmid has completed all contractual work obligations. • The Certificate of Substantial Completion was issued and dated April 2,2002. • A first, quarter amendment transferring budget and sewer revenue in the amount of $24,947.00 from .315-96645, Laboratory Upgrade to 315-96656, Laboratory Building will provide funding for the change order. • A copy of the change order is available for review in the City Clerk department. Reviewed by: Legal Info Srvc N/A Budget Public Works Purchasing DCM/AC Risk Mgmt NIA Other Submitted by: il originating Dept.: - - - Costs: PWA (K Bush) 'total _ $24,947.00 User Dept.: Funding Source: Current FY Cl X Attachments OP _ Other Appropriation Coda: Q Nono ...... _ . . ... , , - ... Z: ! Work session Item #: PAA1,, Clearwater City Commission Agenda Cover Memorandum Final Agenda Item a Meeting Date: `50- 3-0 SUBJECT/RECOMMENDATION: Approve the final plat for "CLEARWATER VILLAS ONE AND TWO" located at the southwest corner of Missouri Avenue and Druid Road. ® and that the appropriate officials be authorized to execute same. SUMMARY: This plat will record the existing four metes and bounds tracts (11.904 Acres), a portion of the former Sunshine Mall property, into four lots. • The applicant is proposing to redevelop the property with multiple commercial buildings on the vacant portion abutting Missouri Avenue. The remainder of the existing westerly property was previously developed and is known as Villas at Renaissance Square. e A copy of the plat is available for review in the City Clerk's office. Reviewed by: Legal NIA Budget NIA Purchasing NIA Risk Mgmt N'1A originating Dept: Info Srvc NIA Public Works Admi from Mahon y) Public Works User Dept. DCMIACM NIA Other /rA Attechments Plann. & Dev. None Other Submitted by, City Manager I&A )4411v? Printed on recvcled saner Costs Total Funding Source: Current FY Cl OP Appropriation Code: Plat Clearwater Mall.doc AY 19 -- ---- ¦ Clearwater City Commission Work session ltcnt t#: Agenda Cover Memorandum Final Agenda Item # 23 10/03/02 Meeting Date: SUBJECT/RECOMMENDATION: Approve a work order to Parsons Engineering Science, Inc., an Engineer of Record, to provide engineering design and permitting services for the Glen Oaks Stormwater Management Project for the sum of $649,792, © and that the appropriate officials be authorized to execute same. SUMMARY: • This project is the highest-ranked capital improvement project for the Stevenson Creek Watershed Management Plan. The project consists of two stormiwater management areas totaling approximately 22 acres in size. It will provide flood protection fi•om a 100-year design storm for 33 structures (78 dwelling units) within the middle Stevenson Creek Basin, create approximately seven acres of vegetated wetland habitat, and provide water quality treatment for 1,193 acres of drainage at-ea. In addition, the project will reduce the rates of downstream creek erosion and sediment deposition, • The Chi Chi Rodriquez Youth Foundation has an agreement with the city regarding the operation and maintenance of the course through March 1, 2010. Stormwater improvements to this site prior to March 1, 2010 will have an impact on this lease. There is a provision in the lease that allows the City to terminate the lease for any municipal purpose consistent with City Charter by giving one ( 1) year written notice to the foundation. . • A public meeting was held at the Glen Oaks Golf Course on August 29, 2002. Approximately 30 people attended and expressed their opinions. While most did not want to see changes many felt that if changes were made a park with trailhead would be nice. Some of the concerns were regarding soccer field lights and possible noises fi•om soccer use. Other concerns included increased transient issues due to no golf course. • The City of Clearwater Real Estate Services Coordinator , estimates the property value of the Glen.Oaks Golf Course at $1,360,000, which is 1.9 times its current $716,100 tax assessed value. The appraised land value will be used to offset the Parks and Recreation design and construction portion of the project. • Total estimated project construction cost is $4,384,490 with $2,611,896 for the Stormwater portion and $1,772,594 for the Parks and Recreation improvement portion. • Sufficient budget and 02 Stormwater Revenue Bond proceeds are available in project 377-96144, Stevenson Creek Implementation Phase 1, to fund this work order. • The project design is estimated to take one year to complete from the notice to proceed crate and the construction phase is estimated to take one year from the time plans are complete. • A copy of the work order is available in the City Clerk office for review. Ravlowed b Originating Dept: t Legal Info Srvc NA Public Works (E. 5?t?ar Budget Public Works user Dept. Purchasing DCMiACM -- Risk Mgmt __:NA___ Parks & Rec J? Attachments Submitted by: U . rill None City Manager IW?H'+ -- ?. ••. ---. .T Printed on recycled parer [Glen Oaks Sturrnwater Piuject-ducl) Costs: Total Current FY Appropriation Code: Funding Source: CI OP Other 9144- 129Q_- a Rev. 2198 s_o,19,792 _ PUBLIC WORKS ADMINISTRATION WORK ORDER INITIATION FORM Date: August 30, 2002 Project Number: City Project Number: 1. PROJECT TITLE: Glen Oaks Stormwater Management Project 2. SCOPE OF SERVICES: See Attachment A 3. PROJECT GOALS: The Glen Oaks Stormwater Management Project is the highest ranked capital improvement project recommended in the Stevenson Creek Watershed Management Plan. It will provide 100- year storm LOS flood protection to 33 structures (78 dwelling units) within the middle Stevenson Creek Basin, will create +/- 7 acres of wetland habitat, and provide water quality treatment for IJ93 acres of tributary area. The project will serve the dual uses of Stormwater management and recreation. 4. BUDGET: . The budget for this project is Six Hundred Forty Nine Thousand Seven Hundred Ninety Two Dollars ($649,792) (See Attachment B). Expense Code: , 5. SCHEDULE: Construction plans are to be. delivered within 360 days of issuance of Notice to Proceed. 6. STAFF ASSIGNMENT: Dikian Kalaydjian, P.E. John E. Loper, P.E. Kathy Kuhlman Susan Gintert, E.I. Bryan Lardizabal Program Manager Engineer of Record - Project Manager Environmental Scientist Project Engineer Senior Designer 7, CORRESPONDENCE/REPORTING PROCEDURES: All Parsons correspondence will be directed to John E. Loper, P.E. All City of Clearwater correspondence will be directed to Mr. Elliot Shoberg, P.E. 8, INVOICE FUNDING PROCEDURES: Invoices will be submitted monthly, and will be based on a percentage of the total BASIC FEE corresponding to the percentage of the total SCOPE OF SERVICES completed. Invoices will be transmitted to Marty Pages, 100 S. Myrtle Ave., #220, Clearwater, FL, 33756-5520, or P.O. Box 4748, Clearwater, FL, 33758-4748. City invoicing code # Glen Oaks Stornntialer 111(magenie rt Prcljv0 SCaj)c of'Vervices ATTACHMENT A SCOPE OF SERVICES For CITY OF CLEARWATER Glen Oaks Stormw_ater Management Project This Scope of Services is attached to the August, 1993 Agreement for Professional Services, between Parsons Engineering Science, Inc., hereinafter referred to as the ENGINEER, and the City of Clearwater, hereinafter referred to as the CITY, and made part of the agreement thereof. 1. INTRODUCTION The Stevenson Creek Watershed Management Plan (WMP) was developed in accordance with a cooperative agreement between the CITY and the Southwest Florida Water Management District (DISTRICT). . The WMP includes recommendations and prioritizations for capital improvement projects to address flooding, water quality, natural resources, and erosion problems within the watershed. The planning phase of the WMP was completed in August of 2001. The WNW is now in the implementation phase. Project 3A of the WMP is the Glen Oaks Stornnivater tMfanageniernt Project. This project is the highest ranked capital improvement project for the Stevenson Creek Watershed Management Plan. The project consists of two storm'water management areas totaling approximately 22 acres in size. It will provide flood protection from a 106-year design storm for 33 structures (78 'dwelling units)'within the middle Stevenson Creek Basin, create approximately seven acres of vegetated wetland habitat, and provide water quality treatment for 1,193 acres of tributary drainage area. hi addition, the project will reduce the rates of downstream creek erosion and sedimentation. The project area. includes the existing 27-acre Glen Oaks Golf Course parcel bounded by Betty Lane to the west, Hillcrest Avenue to the east, Court Street to the North, and Druid Road to the South: Also included is the existing 4-acre David Martin Soccer Field Parcel adjacent to the Glen Oaks parcel on the north side of Court Strcct, for a total project area of approximately 31 acres. The project will serve the dual uses of stormwater management and recreation. The recreational features will be incorporated into the overall facility, including two soccer fields, bicycle/pcdestrian trails, bridges and boardwalks, restroom and vending facilities, parking facilities, and approximately six acres of dry uplands containing playground equipment, picnic tables, and benches (refer to the attached Glen Oaks Park Sketch Plan). JMATAIWatcr ItcsourccslTcgmmry Prmposal FilcsVen 0aksV1ropo%aW1cn 0A% Attachsrkut A dm Page 1 of 18 Glen Oakr Stornilvater Aanagement !'sleet Scope of Sell' ces II. SCOPE OF SERVICES The scope of services to be provided by the ENGINEER is described below,- includes the following components: • Project management, s Limited land surveying, • Geotechnical engineering, o Subsurface utility engineering, • Hydrologic, hydraulic, and water quality modeling, • Land planning and preliminary design services, • Architectural design services, • Landscape architecture, • SWFWMD and FDOT permitting services, • Final construction plans and specifications, • Limited construction phase services, • Assistance with CITY's public information initiative, and • Preparation of FEMA conditional map revision. 1.0 Project Management, Meetings, and Coordination 1.1 Project Management Plan The ENGINEER will coordinate work activities with the CITY, PROJECT REPRESENTATIVE(s), DISTRICT, and other involved agencies. The ENGINEER shall submit a Project Work Plan procedure outlining coordination activity. The Project Work Plan will include the following elements: a. Scope of Services b. Detailed Project Schedule c. Project Budget d. Coordination Procedures e. Reporting Procedures E Documentation Procedures g. Technical Quality Control Procedures 1.2 Progress Reports The ENGINEER shall submit to the CITY, each month, a Progress Report reflecting the PROJECT status, in terms of the total work effort estimated to be required for the completion of the Scope of Services, as of the last day of the preceding month. The report shall show all work items, the percentage complete of each item, the percentage of total work effort represented by cacti item, and the percentage of total work effort completed. Based oil a project schedule of 360 calendar days, it is anticipated that a total of twelve (12) progress reports will be required. j-.mATA%%k1atcr HesourcesWengwrary Nopusal Hcsl()len Oak.01ropos:%Wkn0aks Allaclurrrnt Kdoc Page 2 of 18 Glen Oaks Star nru,ater Manrz~SJe1i,enl Prnje"cl Scope of Services 1.3 Project Coordination 1.3.1 Project Manager Coordination The ENGINEER shall designate in writing to the ary its Project Manager, and those project representatives who will be involved in the essential portions of the project. The ENGINEER shall coordinate the progress of the project with the City Project Manager and other interested parties, such as the CITY Planning and Development 'Services Department, and the Public Works Road and Drainage Division. The work effort for this task is estimated to be 1 hour/week throughout the duration of the project based on a schedule of 52 weeks. 1.3.2 Utilities Coordination The ENGINEER shall coordinate the progress of the project with the private and public utilities. Plans shall be submitted to private utilities to locate existing underground and above ground utilities and coordinate the relocation of such utilities if conflict arises. Construction Plans will be submitted 'to all utility departments at 30%, 60%, and 90%, development stages. Inputs received from utility agencies relevant to the project design will be incorporated into the drawings. Schedules for relocation activity by other agencies will be developed into the final drawings and specifications. If field verification of public utilities is required, Parsons will conduct a subsurface exploration determining the horizontal and vertical depth of such utilities as described under Task Item 2.4. 1.4 Project Team Meetings The ENGINEER will attend an initial kick-off meeting, and bi-monthly progress meetings (6 - total) for the duration of the project design and permitting, which is anticipated to be 12 months. A project team to include ENGINEER's staff, City and District Staff, as well as all other stakeholders such as Parks and Recreation, Planning, Finance, and members of the public; which will be agreed upon by the City and the ENGINEER will attend the project team meetings. In addition to the progress meetings the ENGINEER will also attend two additional meetings for park planning coordination purposes. The ENGINEER's project schedule, quality control and quality assurance procedures, and pertinent project related processes would be presented at the kick-off meeting. At the progress meetings the ENGINEER will discuss the details of the design, present the progress made during the work period and solicit and record input from all applicable departments and stakeholders. As appropriate and agreed upon, the received input will be incorporated into the design documents. If necessary, the ENGINEER will conduct a utility coordination meeting. The ENGINEER will prepare for and conduct a meeting with the appropriate public and/or private utilities during the design development phase of the project. The ENGINEER will attend tip to three additional design coordination meetings to JmATMIValcr Resourceffar rorary 1'mposal Files0en Oak%NJ'ropnsaUJ1cnOak1 AtIA011 <ne A.Joe Page 3 of 18 Glen Oaks Slornrwater Management Project Scope of Services discuss design comments, standards, and specifications after the 30u/(,, 60% and 90% review phase of the project. The purpose of the design coordination meetings will.be to discuss any design related issues not addressed in one of the progress meetings. If necessary, one or more of these design coordination meetings may be held in the field. The following meetings are anticipated for this project: a. .Kick-off meeting at City (1) b. Progress Meetings (G) c. Utility Coordination Meetings (1) d. Design Coordination/Field Meetings (3) The ENGINEER shall keep accurate minutes of all meetings and distribute copies to all participants, within seven (7) calendar days after the meetings. The ENGINEER. shall coordinate with the CITY and prepare the accessary agenda for each meeting to be held. Agenda shall be submitted to the CITY at least ten (10) days prior to any scheduled meeting. All display material shall be developed and prepared by the ENGINEER. 2.0 , Site Characterization 2.1 Subconsultant Administration, Coordination, and Review The ENGINEER shall develop a detailed scope for the subconsultant services described under subtasks 2.2, 2.3, and 2.4. The ENGINEER shall also solicit proposals from qualified local firms and recommend to the City the firm that will be conducting the proposed services. For budgeting purposes, estimates of the subconsultant fees have been included in Attachment B. Upon approval of subconsultant's scope of services and professional fees by the CITY project manager, the ENGINEER will administer the subconsultants' contracts, coordinate all sub-consulting efforts, and review the subconsultants' work within the capacity of ENGINEER's expertise. 2.2 Land Surveying Services The ENGINEER will obtain the services of a qualified land-surveying firm to perform topographic and planimetric field surveys of the project area. The land survey will include the major elements required to complete the final design of the project.. Specific requirements shall include, but are not limited to, the following: a. Horizontal references and temporary benchmarks at intervals along the project, b. Property corners physically located, c. 'Right of way and casement lines, d. Existing topography including ground elevations spaced on a 25-foot grid pattern within the project limits, and within 50' beyond the project limits. 'File survey will include grade break lines, or feature lines, as necessary to define abrupt changes in J:IAATA1Watcr Reso=sWcuporary Proposal l'ilc%\Glcn oak%Trolws3W1cu(lake Attacluncut A.doc Page 4 or 18 Glen Oaks Stawnsiver Managentent Project Scope of Services ground slope. The break lines will include, but will not be limited to, the continuous horizontal and vertical delineations of top of batik JOB) and toe of slope (TOS) of Stevenson Creck within the project limits and within 100 feet upstream and downstream of the project limits. e. Location and description of natural and manmade features within the project limits, and within 50' beyond the project limits. Located features should ,include all visible improvements including but not limited to: manholes, lift stations, water meters, water valves, hydrants, air release valve manholes, telephone pedestals, power poles and guys, overhead utilities, edges of pavement, foundation slabs, driveway widths and materials, signs, underground utility markers, sidewalks, valley gutters, curbs, catch basins and wings, curb inlets, culverts, and headwalls, fences, ornamental vegetation, and trees (4" dbh and larger). E The tree survey shall indicate trunk diameter, spread, and species, and shall include spreads and/or approximate locations of drip lines of all live oak trees 10" dbh or larger. g. Sanitary and storm sewer information shall include inverts, pipe sizes and types. For sanitary and storm systems, data shall be provided for the next structure upstream and downstream outside the project limits. h. Location of verified wetland boundaries, as flagged by the ENGINEER. The wetland limits shall be verified by City Staff and the SWFWMD as part of Tasks 6.1 and 6.2, prior to surveying the wetland boundaries. i. Wetland seasonal high and normal pool elevations, as staked by the ENGINEER. The CITY shall provide to the ENGINEER, in electronic (AutoCAD) format, the survey completed by the CITY in March 2001, for the Glen Oaks Golf Course Clubhouse Site Study, which covers approximately 12.5 acres; and no additional surveying shall be required within this area. All surveys shall be performed under the direction and control of a Florida Registered Professional Land Surveyon 2.3 Geotechnical Services ENGINEER will obtain the services of a subconsultant to perform preliminary geotechnical investigations. The preliminary geotechnical investigations will include twelve (12) auger borings and ten (10) standard penetrometer tests (SPT's), for a total of 22 borings. Borings will be conducted to a minimum depth required to determine the seasonal high groundwater elevations, classifications of the soils, and the properties of the excavation material. The geotechnical subconsultant shall provide measurements of the vertical and horizontal hydraulic conductivity of the soils.' Upon ENGINEER's review of the preliminary geotechnical investigations, up to eight (8) additional borings shall be obtained in order to supplement the geotechnical data in areas of critical concern (i.e., locations of clay soils, rock formations, etc.). A signed and scaled narrative report summarizing the investigation procedures and results of the J.?DATA1Water RescumcATer4orary Proposal CilestGlerr oaksU'roposaRGlcnoaks Attaehrrrent A.Joc Page 5 or 18 Glen Oaks Stornavaler klrnirrs,'L'11 ent Prgiecl Scope njServ ces analyses, together with an assessment of design constraints clue to soil subsurface conditions ' will be prepared by the Gcotechnical Subconsultant for submittal to the CITY. 2.4 Subsurface Utility Location Services ENGINEER will obtain the services of a Subconsultant to perform underground investigations for locating existing utilities, to include actual field verification of below grade utilities by vacuum excavation and other suitable methods. Excavation locations shall be identified upon completion the field survey and site investigations. This scope of services includes a maximum often (10) excavation locations. 3.0 Preliminary Design Report Upon substantial completion of Task 2, the ENGINEER will prepare a Preliminary Design Report (PDR). The PDR will serve to document the design constraints on the project, and to present a preliminary design master plan suitable for review by the involved CITY departments, the DISTRICT, and other interested parties. It is intended that the approved preliminary design plan will be carried forward into the detailed design phase. 3.1 Preliminary Master Plan and Draft PDR Using the topographic survey and tree survey prepared under Task 2.2 Land Surveying Services, a Preliminary Master Plan of the proposed park facilities will be prepared. The Preliminary Master Plan will include, but will not be limited to, the following: a. The locations of all proposed new facilities, b. Locations of existing facilities to remain, c. Locations of all trees of 4" DBH or larger to remain, d. General locations of new trees to be planted, and e. . The Preliminary Master Plan will be rendered in color and presented to the City Staff for review and comment. A draft PDR will be prepared that will present and describe the preliminary engineering design of the project. The draft PDR will identify the engineering requirements for the project, and will summarize the coordination efforts with the City Parks and Recreation Department, the City Public Works Department, and the public. The PDR will also include a conceptual site grading and drainage plan. At a minimum, the Draft PDR will identify and discuss the following: a. - Physical design constraints imposed by soil and groundwater conditions, adjacent infrastructure, topography, and trees, b. Potential impacts to utilities, adjacent properties, strictures, and trees, c. Mitigation alternatives for the above, if required, d: Potential soil stockpile and/or disposal alternatives, e. Permitting issues, and VDATA1Water Rc&a rctslTetnporary Proposal FilnU'ilen Oak0roposall.Glcnoaks AltachnYnl A.doc Page 6 of 18 Glen Oaks rS'tor» ovater iW n:ageiuent Pm ect Srope of Ser%,iecs f. Engineering design criteria. 3.2 Hydrologic and Hydraulic Modeling and Water Quality Optimization The ENGINEER will update the WMP computer model, based on the more detailed preliminary design. The ENGINEER will evaluate alternative pond configurations-with the objective of optimizing pollutant removal efficiencies. The updated model results with the estimated water quality improvement benefits of the project will be included in the PDR. The PDR water quality narrative will include a discussion of the proposed TMDL's for Stevenson Creek, and how the Glen Oaks project might help the CITY meet their TMDL goals. Recommendations for increasing the pollutant removal efficiency through the use of mechanical/chemical means (alum injection, polymers, etc.) will be discussed. 3.3 Final PDR Upon receipt of complete written comments from all applicable CITY departments and the DISRICT, the ENGINEER will address the comments, provide the necessary revisions and prepare a final PDR. The PDR will include a preliminary site grading and drainage plan and a color rendered Final Master Plan. The final PDR will serve to document the project design parameters as agreed upon by the Project Team. 4.0 Site Construction Plans and Specifications The ENGINEER shall prepare the final design documents, to include final construction plans, quantity estimates, cost estimates, technical specifications, and permit applications adequate to meet the review requirements of local, state and federal environmental regulatory agencies. The following plan information shall be developed and included in the final design documents, all construction plans and specifications shall be prepared per City standards: a. Cover Sheet (1 sheet) b. Legend and Abbreviations (I sheet) 'c. General Construction Notes (1 sheet) A. Key Sheet, 1 "=$0' (I sheet) e. Demolition Plan, 1"=30' (6 Sheets) f. Grading, Paving, and Drainage Plan, I "=30' (6 sheets; g. Cross Sections (5 sheets) h. Utilities Plan (water and sewer for restroom facilities) i. Erosion Control and Tree Protection Details (2 sheets) j. Utility Relocation/Adjustment Details (if required) (I k.' Grading, Paving, and Drainage Details (6 sheets) 1. Structural Plans and Details (5 Sheets), m. Wetland Planting Plans (3 sheets) n. Wetland Planting Details (1 Sheet) (3 sheets) sheet) J;IDATA%Wutcr RcsourccslTcnTmmry Proposal FitoNGIcu 0ak%Tn3posaMl1cn0sk3 Attacluncut A.doe Page 7 or 18 Glen Oaks Storinwatur M anageiljent Project Scopc of Services o. Maintenance of Traffic Plan and Details (I Slice() p. - Architectural Plans (10 Sheets) q. Landscape Plans (10 Sheets) r. Irrigation Plans (3 Sheets) S. Lighting Plans (3 Sheets) Total number of Sheets: J: 69 sheets 4.1 30 % Construction Plans Submittal Requirements for the 30 % submittal shall include the following: a. Cover Sheet, b. Legend and Abbreviations per City standards, c. Key Sheet, d. Demolition Plans indicating existing improvements, utilities, and. topography, and identification of trees `to be removed; e. Grading, Paving, and Drainage Plan sheets indicating preliminary layout and grading of the proposed improvements, existing right-of-way and easements, subdivision, block, and lot number, and plat book and page for adjacent parcels, f. Typical cross sections, and g. Engineer's preliminary opinion of probable construction cost, based on the 30 % submittal. ENGINEER will submit copies of the plans, at the 30% Design Submittal, to applicable private utility companies and each City of Clearwater Utility Department for verification of their underground facilities. ENGINEER shall add the size, location, depth, and type of material of the private and public underground facilities to the grading plan. If necessary, a utility design conference shall be conducted to ensure that consideration is given to.the impact of the project upon existing utilities. Deliverables: a. Eight (8) sets of prints of 30% Site Construction Plan b. Eight (8) copies of the Final Preliminary Design Report (prepared under Tasks 3.1- 3.3) e. Engineer's preliminary opinion of construction cost 4.2 60% Construction Plans Submittal In addition to the items in the 30% submittal, requirements for the 60% submittal shall include the following: a. General Construction Notes related to best_management practices, utilities, and other conditions relevant to the project, :b. Typical pavement sections shall indicating typical. cross sectional slopes, median J:IAATA1Water Kcsourceffemlwrary Proposal FilejKllcu Oaks\PruposatKllarooks Altachaxut A.doc Page 8 or 1$ Glen Oaks Storinwater iVanagenjent Prgiecl Scope of Sert-ices improvements, pavement requirements. right-of-Way lines, sidewalks, curbs, butters, and landscaped areas, c. Grading, Paving, and Drainage Plan Sheets, to include drainage plans for the soccer fields, d. Erosion control and tree protection details, including best management practices applied to the project, e. Existing private utilities, as available, such as gas, electrical, telephone, fiber optic, and cable TV, f. Detailed Cross Sections, g. Wetland Planting Plans and Details, h. Utility relocation/adjustment details indicating utility conflicts, relocation design, proposed utility structures, and conflict manholes, design details, and specific profiles, if required, i. Grading, Paving, and Drainage detail sheets, including standard and nonstandard stormwater management structures, retaining walls, and related notes, j. ENGINEER's preliminary opinion of probable construction cost based on the 60% design submittal, and k. ENGINEER will review CITY'S standard technical specifications and modify or supplement as necessary for the project. Deliverables: a.. Five (5) sets of prints of Site Construction Plans b. Five (5) sets of prints of Preliminary Architectural Plans (prepared under Task 5.1). c. Five (5) sets of prints of Preliminary Landscape Plans (prepared under Task 5.2). d. Five (5) sets of prints of Preliminary Irrigation Plans (prepared under Task 5.3). e. Preliminary Technical Specifications f Preliminary opinion of construction cost g. Copy of DISTRICT ERP application package (prepared under Task 6.2). h. Copy of DISTRICT Water Use Permit application package (prepared under Task 6.3) i. Copy of the FDOT Drainage Connection Permit application (prepared under Task 6.4), 4.3 90% Construction Plans Submittal The 90% construction plans shall include the design items required for the construction of the project, including the special provisions and technical specifications. In addition to the items in the 60% submittal, requirements for the 90% submittal shall include. the following: a. Maintenance of Traffic Plan, b. Structural plans, details, and calculations, including 'dcsign and details of shallow foundations, pedestrian bridge abutments, retaining walls, structural reinforcing, tiebacks, and stability analyses for slopes and retaining walls, c, Utilities Plan, for restroom/vending shelter, )MATAMater Kcsuurecs%Tenporary Proposal Files%len Oaks\Pioposanalcuoaks Attaclunent A•doc Page 9 of 18 Glen Oak .Storinw11jL')'M11i1(IS?,.enlent 1rc?i d Scope of Services d. ENGINEER's preliminary opinion of probable construction cost based on the 90% design submittal, and e. Technical specifications and Special Provisions. Deliverables: a. Five (5) sets of prints of Site Constriction Plans, b. Five (5) sets of prints of Architectural Plans and Specifications (prepared under Task c. Five (5) sets of Landscape Plans and Details (prepared under Task 5.2), d.' Five (5)'sets of Irrigation Plans (prepared under Task 5.3), e. Five (5) sets of Lighting Plans (prepared under Task 5.4), f Two (2) copies of the preliminary opinion of constriction cost, item descriptions, technical specifications, and contractor's proposal form, g. One (1) draft copy of Technical Special Provisions. 4A Final (100°/x) Construction Documents The 100% submittal shall address the CITY's final review comments. Work prepared and/or submitted shall be reviewed and checked by a civil engineer registered in the state of Florida as the ENGINEER of Record. The ENGINEER of Record shall sign, seal and date the design calculations, technical specifications and contract drawings as required by Florida law. Deliverables: a. Five (5) sets of signed and scaled Site Construction plans, b. Five (5) sets of signed and sealed Architectural Plans and Specifications, c. Five (5) sets of signed and sealed Landscape and Irrigation Plans, d. One (1) final reproducible copy of the preliminary opinion of construction cost, item descriptions, technical specifications, technical special provisions, and contractor's proposal form, e. Final drawings in reproducible format, and f. Final drawings on CD-ROM (AutoCAD version 2000 or later). Plans will be produced on reproducible vellum and provided electronically on AutoCAD version 2000 according to the following format, utilizing CITY CADD graphical standards: The survey plan shall be produced on stable-based mylar material, 24"06" or reproducible vellum at a scale of 1 "=20' unless approved otherwise. The ENGINEER shall deliver a CD-ROM containing all project data in Land Development Desktop (LDD) R1 or later, format complete with all drawing files and associated project data files. MDATANWatcr KesoumvATenTorary ProNial FilcsUcii OaksTroposaWknQaks Anach"wilt Kdoc Page 10 of 18 Glen Oaks Storrrrwaler Alrtlru?r;cnrc?rrt Project Scope of Services An Acad2000 drawing file shall be submitted. NOTE: City of Clearwater CAD standards will be used by the ENGINEER and shall include all necessary information to aid in manipulating the drawing including either PCP, CTB or pen schedule for plotting. The drawing file shall include only authorized fonts, shapes, line types or other attributes contained in the standard AutoDcsk, Inc. release. All block references and references contained within the drawing file shall be included on the mabmetic media disk. Also, a PCP, CTB file or a pert schedule for plotting of drawings shall be included on the disk. 4.5 Prepare Bid Documents Using Standard CITY requirements, the ENGINEER will prepare contract documents for bidding, including proposal form, specific provisions, technical specifications, and bid line item descriptions. The ENGINEER shall submit one copy of the Bid Documents with the 90% construction plans to the CITY for their review and comments. Bid documents will not include the front-end legal documents for the execution of the construction work. The CITY will be in-charge of assembling the document providing the front-end legal forms and advertising the project. 5.0 Architectural and Landscape Design Services 5.1 Architectural Plans ENGINEER will provide construction drawings for the restroom shelter.and gazebo. The restroom shelter shall consist of a single story, Type V, unsprinklered, non-air- conditioned facility that will house male and female restrooms, vending area, small concession room, small electric room, and a covered porch. The gazebo shall consist of a single story, pile-supported, open-air, wooden shelter approximately 20' x 20'. ENGINEER will prepare architectural, structural, electrical, and plumbing plans for the restroom shelter and gazebo facilities. The preliminary architectural drawings will be submitted to the CITY for review and comment with the 60% review submittal, and will include floor plans, elevations, and, sections, major details, and finish schedule. The final drawings to be provided with the 90% and 100% submittals shall include floor plans, four (4) exterior elevations, building sections, interior elevations of restrooms and concession area, architectural details, finish and accessory schedules for the restroom shelter and gazebo, foundation plans, roof framing plan, structural details, electrical plan, and a plumbing plan. 5.2 Landscape Plans Landscape plans to be submitted at 60%, 90%? and 100% submittals shall include locations, sizes, and species of trees, shrubs, and groundcover to,be planted, as well as the location, type, and size of existing trees to remain. ENGINEER will determine tree mitigation requirements, prepare plant list (including numbers by type, botanical and common names, size, and planting instructions), prepare landscape specifications to l:WATAMalcr Resourcuffeapararyy Pinposal FilestiOlen Oaksllmposawlcugsks AIIadana<111 AAw i,agc 11 or 18 Glen Oaks Stornovater Hra agetnent I-Ygject Scope of Services include specifications for playing field (turf), prepare tree removal permit application and tree, mitigation' plan, prepare 'spccial paving details (if applicable), prepare landscaping notes, and prepare landscape construction cost estimate. Drawings and specifications for the prc-manufact tired pedestrian bridge spans and playground equipment will be provided by outside equipment vendors and are not included in this scope of services. 5.3 Irrigation Plans The proposed lower stormwater lake may provide a suitable source of irrigation water for the soccer complex. Under this task, ENGINEER will prepare design plans for a small pump station and intake structure to serve the facility's irrigation requirements, and will prepare the layout'. design and specifications of a complete irrigation system for the two proposed soccer fields, landscape areas around parking lots, restroom building, and other areas as required by code. 5.4 Lighting Plans ENGINEER will prepare lighting plans for the two soccer fields, restroom shelter, and the pedestrian path. The lighting plans, to be included in the 90% submittal, shall include, but not be limited to, the following: a. Locations, dimensions, and materials of light poles, b. Locations- and specifications for main disconnect, meter, panel, transformers, and switches, c. Wiring schematic and layout, and d. Conduit and wiring schedules. ENGINEER will coordinate with the FPL Lighting Solutions Office, which has prepared a photometric design for the two soccer fields. Photometric design is not, included in ENGINEER's. scope of services, and it is assumed herein that FPL (or other CITY-approved vendor) will provide the ENGINEER with the numbers, type, direction angle, wattage, and any other additional specifications necessary for the installation of the lights for the soccer fields, based on the CITY's criteria. +6.0 Permitting Services 6.1 Permit Application Meetings The ENGINEER will attend a pre-application meeting with DISTRICT and FDOT to familiarize them with the project and to identify any permitting issues of potential concern. 6.2 ERP Application The ENGINEER shall prepare and submit a completed Environmental Resource Pen-nit (ERP) application to the District upon completion of the 60% design Phase. The ERP JVATAVIder RcsourcriMnipuraryProposal Filcsu3lrn C)olcs+Pru}wsariC3lcndaka Allaclurxal A.dc: Page 12 of 18 Glen Oaks Slorvnivater illanagernenr 1'rnjeet SCOI)e f Ser vices application will address the wetland mitigation crcdits provided within the Glen Oaks Stormwatcr Management Facility and allocate them for future impacts as a result of the implementation of other projects within the Stevenson Creek Watershed Management Plan. hi addition, the ERP application will quantify and document a portion of the reduction in flood elevations that shall be reserved as mitigation for future conveyance improvements upstream of the project, as identified in the Stevenson Creek Watershed Management Plan. It is anticipated that this project will require an individual ERP permit. A conceptual pcrntit application is not anticipated to be required, and is not included in this scope. 6.3 SWFWMD Water Use Permit The.ENGINEER shall prepare and submit a completed SWFWMD Water Use Permit Application to the District upon completion of the 60% design phase. Tile water use permit application will be required for approval of the irrigation plans for the park facilities, and will include an analysis of the effects of the desired pumping rates and schedules on stages within the proposed stormwater lake. 6.4 FDOT Drainage Connection Permit Application The ENGINEER shall prepare and submit a completed FDOT Drainage Connection Permit application to the Department of Transportation upon completion of the 60% design phase. 6.5 PCHDIFDEP Permit Applications The ENGINEER shall prepare, and submit general permit applications for water and sewer services that will serve the parks facilities. Perniit applications shall be submitted upon completion of the 90% design phase. 6.6 Requests for Additional Information If necessary, the ENGINEER shall respond to requests by the DISTRICT and the .Department of Transportation for additional information. A separate coordination meeting shall be scheduled with the jurisdictional agencies to discuss any comments, if required. The ENGINEER, shall notify the CITY prior to meeting with permitting agencies to allow the CITY to send a representative to attend the meeting. The ENGINEER will pay the required permit review fees for this project. 7.0 Construction Phase Services 7.1 Pre-Bid Meeting The ENGINEER will attend a pre-bid. conference with contractors, CITY representatives, and other appropriate parties. The ENGINEER will present the project description and bid documents and specifications to the contractors and respond to any )A DATA1Water ItasotucesVrcu4wrary 1'rupusal Fiksuilcn 0a10]'ro1ws2W1cn0aks AllachuKni AAty Page 13 of 18 Glen Oaks Storinwater lblanagement Pr giect Scope of sel-ViCC.r questions related to the project. 'file CffY will advertise the proiect and rurnish the bidding documents, and maintain a record of prospective bidders. 7.2 Prepare Addenda The ENGINEER shall receive the bidder's written questions regarding interpretation and clarification of Contract Documents, and respond in compliance with CITY policy and procedures through written addenda addressed to all bidders. 7.3. Pre-construction Meeting The ENGINEER will conduct a pre-construction conference with, contractor, CITY representatives, and other appropriate parties. The ENGINEER will prepare the agenda 5 days before the meeting, and provide all participants with the meeting minutes 7 days after the meeting. 7.4 General Consulting (Contractor's RFI's) The ENGINEER shall issue necessary interpretations and clarifications in the form of a Request for Information or RFI, of the Contract Documents in accordance with the Contract Documents. If required, the ENGINEER shall furnish in writing, additional instructions by means of DRAWINGS, or otherwise, as required for the proper execution of the WORK. This task includes an average level of effort of 3.0 hours/week for duration of 36 weeks. 7.5 Shop Drawing Review The ENGINEER shall review all submittals within the times specified in the Contract Documents for compliance with the applicable requirements of the Contract Documents. ENGINEERrs review and approval or other action shall not extend to means, methods, techniques, sequences, or procedures of construction, or to safety precautions and programs incident thereto. The ENGINEER shall review and approve or take other appropriate action with respect to Shop Drawings and samples, the results of tests and inspections and other data that the Contractor is required to submit. The ENGINEER shall determine and advise the CITY on the acceptability of substitute materials and equipment proposed by Contractor; receive and review for compliance with the requirements of the Contract Documents, the maintenance and operating instructions or manuals, schedules, guarantees, bonds and certificates of inspection that are assembled by Contractor(s), in accordance with the Contract Documents. Tile ENGINEERrs approval of Contractor submittals is a representation to the CITY of the ENGINEERrs belief that said submittals conform . to applicable requirements of the Contract Documents, unless the ENGINEER takes specific written exception. This scope includes twenty (20) shop drawings submittal reviews, with maximum of two reviews per shop drawing. The ENGINEER shall not: PDATAVAIcr Ilcsoruces+I VIV1rary Proposal I'MoUi to oakiV'rrgwsb UilcoWks All.rchnxnl A d4w Page 14 of 18 Glen Oaks Storinwater Alanagentew Pr•nject Scope of Services a. Authorize any deviation from the Contract Documents or substitution of materials or equipment, unless authorized by the CI'T'Y. b. Undertake any of tite responsibilities of the Contractor, subcontractors, or Contractor's superintendent. c. Advise on, issue directions relative to or assume control over any aspect of the means, methods,' techniques, sequences or procedures of construction. ENGINEER shall report observations of means and methods of construction to the CITY. as appropriate. d. Advise on, issue direction regarding or assume control over safety precautions and programs in connection with the work. ENGINEER shall, however, immediately report to the Contractor and the CITY any safety concerns or violations which he observes. e. Accept shop drawing or sample submittals from anyone other than the Contractor. 7.6 Site Visits The ENGINEER's representative will visit the site when requested by the CITY to determine if work is proceeding in accordance with the Contract Documents. This scope includes seventeen (17) site visits not exceeding (d) four hours per visit. 7.7 Final Certification Upon notification from the CITY, the ENGINEER shall conduct inspections with the CITY representative in order to determine that the project is completed in accordance with the Contract Documents. Upon completion of the initial inspection, ENGINEER will prepare a punch list. ENGINEER will conduct a second site visit to verify that the punch list items were completed, to evaluate any outstanding issues related to the punch list, and to provide a recommendation to the CITY regarding Contractor's final payment. .ENGINEER will submit the record drawings to the permitting agencies. A certified As- Built shall be submitted to the ENGINEER by the CITY. The ENGINEER shall also verify if all items on final list have been completed or corrected and determine if those items are in accordance with the Contract Documents, and make recommendations to the CITY concerning acceptance. l;1DATA%Walcr RcwurccaVreirrparary Prupuml 1 i1cMicii 0A%\11roposaW1cnoakc Auachimn A.doc Page is or is Glen Oaks S'torinwater Management Pi-(#erf Scope of Sel-vices 8.0 Public Information Initiative and I+EMA CLO IR This task includes public outreach in the form of public meetings, workshops, and an Internet web page for the project. 8.1 Public Meeting If requested by the CITY, a public inecting or workshop will be conducted at or near the 30% design stage to present the Final Master Plan. This meeting will include a presentation by the ENGINEER to the public, and/or to the City Commission at a workshop or regular commission meeting. The ENGINEER will prepare the exhibits, public comment forms, and meeting announcements on the project web page and one local major newspaper. If so required, the CITY will conduct the general mailings for the meeting. 8.2 Project Web Page The ENGINEER will update the Stevenson Creek Internet web page to provide information to the Glen Oaks Project stakeholders and the public at large. Information on the web page shall include, but not be limited to: project features, conceptual design, project schedule, and public meeting information. The web page design will also include a means of soliciting public input on the project. Tile web page will be hosted on the City's network system and linked to the CITY's.Public Works site. 8.3 Project Rendering The ENGINEER will obtain the services of an architectural/planning firm to prepare two renderings of the facilities selected conceptual plans. The renderings will be utilized in the public information initiative to present an artist's depiction of the completed alternative projects. The renderings will be limited to 24 by 36 inches in size. 8.4 FEMA CLOMR The ENGINEER shall prepare and submit a Conditional Letter of Map Revision (CLOMR) to the Federal Emergency Management Agency (FEMA) for the project. The CLOMR shall clearly identify the . reduction in the limits of the 100-year floodplain attributable to the proposed project in accordance with the latest FEMA guidelines. , The ENGINEER shall also include in the CLUVIR the effects of the Palmetto Street Drainage Improvements and, at the CITY's request, one additional floodplain reduction project identified in the Stevenson Creek Watershed Management Plan. LOATAWaler Keso=cslTcmporary Pmpnsal FilesVen 0aks111ru}wsa1tG1c1i0akY Allaclurrent A.doc Page 16 of 18 Glen Oaks Storinwater blanager lent krgject Scope of Services III. SCHEDULE Services described herein will commence upon receipt by the ENGINEER of this executed Agreement and written noti c e4o -proceed. Tile services will be completed and delivered according to the following schedule unless it is modified by mutual agreement: Site Characterization Draft Preliminary Design Report Final Preliminary Design Report 30% construction plans 60% construction plans and permit applications 90% construction plans Final construction documents Bidding Phase Construction Phase 60 calendar days 110 calendar days 160 calendar days 190 calendar clays 250 calendar days 310 calendar days 360 calendar days 90 days from Final Plans 270'days from Final Plans . . Projected Project Completion Date August 2004 ENGINEER will observe the time limitations as set forth herein; however, should there be delays in receiving information from others and in obtaining subsequent authorization, approvals and review comments from CITY 'and other governmental agencies, the schedule will be updated and adjusted as mutually agreed upon by ENGINEER and CITY. The ENGINEER shall not be responsible for delays that occur through no fault of ENGINEER. The schedule is based on the CITY providing complete written review comments to the ENGINEER within 20 calendar days of each submittal. IV. CITY RESPONSIBILITIES The CITY will: a. Provide the ENGINEER with the CITY's existing land surveys within the project area, including boundary surveys, and provide the ENGINEER with reduced survey base maps in both paper and electronic format. b. Provide copies of all pints, aerial photographs, record drawings, and other available information and data'pertinent to the project design within the CITY's riles, c. Provide copies of any CITY standard drawings applicable to the project, d. Provide sample copies ofCITY's standard contract documents and specifications. e. Acquire right-of-way and easements, including construction casements, as required. 1:1UATAIWntcr ResourceslTeml omry Pwimisal FilesTlicu Oskski'mpusaRlIeWaks Allachmnnl A.Joc Pup 17 of 18 Glen Oaks Stoi-inivaler illanagentent Project Scope of Services f. Assemble the final Project Specifications Manual with its legal front-end documents, produce and sell contract documents to interested bidders. The City will also reproduce and distribute addendum to bidders. g. Obtain permission from property owners or the authorized representatives for survey, soil tests and other engineering tasks to be conducted on private property (if applicable). h.. Upon completion of the project, provide record drawings of the project signed and scaled by a professional surveyor licensed in the State of Florida. V. BUDGET (ENGINEER'S COMPENSATION) The ENGINEER shall submit, with each monthly progress report, an invoice for the work completed. The invoiced fee earned will be expressed as a percentage of the total BASIC FEE, and shall correspond to the percentage of the total SCOPE OF SERVICES work effort completed as reflected by the progress report. Fees for outside professional services shall be invoiced to the CITY at ENGINEER's actual cost. The ENGINEER may, obtain the services of outside subconsultants to assist with preparation of the architectural drawings and irrigation plans. The CITY shall make monthly payments in terms of the invoice presented. Invoices not properly prepared (mathematical errors, billing not reflecting actual work done, no signature, etc.) shall be returned to the ENGINEER for correction. The BASIC FEE for this project, including outside professional services, other direct costs, and task allowances, shall not exceed six hundred forty nine thousand seven hundred ninety two dollars ($649,792). The Task and Subtask breakdown of the BASIC FEE is presented in Attachment B, Project Budget. Task Allowances in the event that additional professional services not anticipated or included in the above tasks become necessary for. the satisfactory completion of the project, ENGINEER may provide the CITY with a scope of work and fee estimate for these additional services. ENGINEER will provide the additional services for the additional fee mutually agreed upon by ENGINEER and CITY, and upon written authorization from the CITY. If upon prior written approval by the CITY, ENGINEER's actual cost incurred for outside professional services should exceed the budged amounts listed in Attachment B, ENGINEER shall be entitled to additional fees equal to the difference between the actual incurred cost and the budgeted amount. The total fee for all authorizations under this task is included in the total BASIC FEE and shall not exceed ten percent (10%) of the Project Budget. invoicing Procedures Invoices will be transmitted to Marty Pages, Administrative Analyst, Public Works Administration, 100 S. Myrtle Ave., #220, Clearwater, FL, 33756-5520, or P.O. Box 4748, Clearwater, FL, 33758-4748. City Invoicing Code: JMATANNValcr kesomna\Temparary Proposal Filo%ilart 0ak%T"osa1A11cn0aks Allachnicnl A.doe Page 18 of 18 ATTACHMENT B PROJECT BUDGET For CITY OF CLEARWATER Glen Oaks Stormwater Management Project 'T'ask Descri tion . Outside Professional Services Labor Total 1.0 Project Management, Meetings, and Coordination 1.1 Project Mana ement Plan $2,883 1.2 Progress Reports $4,262 1.3 Project Coordination $13,296 1.4 Project Team Meetings $16,114 $36,556 2.0 Site Characterization 2.1 Subconsultant and Land Survey Coordination $6,879 2.2 Surve in Services $50,000 2.2 1 Geotechnical Services $13,000 2.3 Underground Utility Locations $5,000 $74,879 3.0 Preliminary Design Report PDR) 3.1 Preliminary Alternative Design Evaluation and Draft PDR $41,612 3.2 Hydrologic and Hydraulic Modeling and Water Quality 4 timization $8,104 3.3 Final PDR $5,417 $55,133 4.0 Final Construction Plans and 'Specifications 4.1 30% Submittal $47,544 4.2 60% Submittal $55,417 4.3 90% Submittal $54,742 4.4 Final 100% Construction Documents $13,290 4.5 Pre are Bid Documents $17,488 $188,481 5.0 Architectural and Landscape Design Services 5.1 Construction Plans for Restroom Shelter and Gazebo $27,238 5.2 Landscape Plans for Park Facilities $42,571 5.3 Irrigation Plans $9,209 5.4 Lighting Plans $6,565 $79,017 JADATA1Water RcsourccATcmporary Proposal fllcAGlcn OakslPrapc)sal\Attac}tmernt 11bw Page I of 2 F Glen Oaks Stormwater iWanagement Project Prpjcct Budget Task Description Outside Professional Services Labor Total 6.0 Permitting Services 6.1 Permit Application Meetings $2,398 6.2 ERP Application $10,461 . 6.3 SWFWMD Water Use Permit Application $6,050 6.4 FDOT Drainage Connection Permit A lication $4,967 6.5 PCHD/FDEP Permit Applications $3,511 6.6 Requests for Additional Information $6,163 $33,549 7.0 Constructions Phase Services . 7.1 Pre-Bid Meetin $622 7.2 Prepare Addenda $17,636 7.3 Pre-Construction Meeting $1,871 7.4 General Consulting Contractors RFI's $14,007 7.5 Shop Drawing Review $17,399 7.6 Site Visits $20,090 7.7 Final Certification $8,477 $80,101 8.0 Public Information Initiative and CLOMR 8.1 Public Meetin $5,440 8.2 Project Web Page $4,709 8.3 Project Renderin $4,000 $408 8.4 FEMA CLOMR $7,720 $22,278 Subtotal, Labor and Subcontractors $569,993 Other Direct Costs (printing & binding, permit review fees, etc $22,800 Task Allowances (10%) $56,999 Grand Total $649,792 JADATAlWatcr Rcsourccffmpornry Proposal >!ileslalcn QaksTroposal\Attachmcnt B.doc Page 2 of 2 Worksession Item #; Clearwater City Commission Agenda Cover Memorandum Final Agenda Item # Cx, Meeting Date: R93- SUBJECT/RECOMMENDATION: SUBJECT/RECOMMENDATION: Adopt RESOLUTION NO. 02-46, approving the transfer of the franchise to operate a cable television system in the City of Clearwater from Time Warner Entertainment-Advance/Newhouse Partnership to a wholly-owned subsidiary and management, TWEAN (Time Warner Entertainment Advance Newhouse) Subsidiary, LLC. ® and that the appropriate officials be authorized to execute same. SUMMARY: • On November 21, 1996, the City of Clearwater adopted Ordinance 6108-96, granting a cable franchise to Time Warner Entertainment - Advance/Newhouse Partnership (d/b/a Time Warner Communications). The Ordinance granted the use of the City of Clearwater rights-of-way for a term of fifteen (15) years. • Time Warner Communications submitted documents, dated duly 18, 2002, to the City of Clearwater requesting approval of the transfer of the cable franchise to a wholly-owned subsidiary of Time Warner Entertainment-Advanced/Newhouse, enabling Advance/Newhouse to take a more active role in the daily management of the cable system. • Per the documents submitted, the transfer should have no significant impact on the cable system within Clearwater including the decentralized management structure. The local management and staff will remain the same, but will become employees of Advance/Newhouse. Customers will not see any changes in customer service, the commitment to continue high-quality programming choices, or the provision of new services. • The transfer approval request and applicable Federal Communications Commission application documentation are available for review in the City Clerk Department. Reviewed by Legal Budget Purchasing NA Risk Mgmt NA Info Srvc NA Originating Dept.: Public Communications Public Works User Dept.. DCM/ACM Public Communications Other Attachments Resolution No. 02-46 Submitted by. City Manager CI None Costs Total •0• Current FY -0- Funding Source: CI OP _ Other atlon Code: RESOLUTION NO. 02-46 A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA, APPROVING THE TRANSFER OF THE FRANCHISE TO OPERATE A CABLE TELEVISION SYSTEM IN THE CITY OF CLEARWATER FROM TIME WARNER ENTERTAINMENT - ADVANCE/NEWHOUSE PARTNERSHIP TO A WHOLLY-OWNED SUBSIDIARY AND MANAGEMENT THEREOF BY ADVANCE/NEWHOUSE PARTNERSHIP; PROVIDING AN EFFECTIVE DATE. WHEREAS, Time Warner Entertainment - Advance/Newhouse Partnership ("TWE-A/N") is the holder of a franchise (the "Franchise") to provide cable television service for the City of Clearwater pursuant to Ordinance No. (The "Franchise Ordinance"); and WHEREAS, TWE-A/N has formed a new wholly-owned subsidiary, TWEAN Subsidiary, LLC ("Subsidiary") to be managed by Advanced/Newhouse, one of TWE- A/N's general partners; -and WHEREAS, such Subsidiary will be bound to the terms and conditions of the. Franchise Ordinance; and WHEREAS, the Franchise Ordinance requires that prior to a transfer of the Franchise, the City must grant its prior written consent thereto; and WHEREAS, TWE-A/N' and TWEAN Subsidiary have submitted a written application (the "Application") requesting consent by the City to the transfer of the Franchise from TWE-A/N to TWEAN Subsidiary; now, therefore, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The transfer of the Franchise to TWEAN Subsidiary, LLC, a wholly- owned subsidiary of TWE-A/N (including such other names ' that hereafter may be adopted by such Subsidiary) and the exercise of day-to-day management of. the Subsidiary by the Advance/Newhouse Partnership is hereby approved. Section 2. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this day of , 2002. Resolution No. 02-46 + ?w 4Vnrksessirm Item JJ: ? •Clearwater City Commission T I Agenda Cover Memorandum Final Agenda Item JI ^ ? , t LC.(- &Y-" &Y; Meeting Date; October 3, 2002 pt . - SUBJECT/RECOMMENDATION: Pass on first reading, Ordinance No. 6935-02, to amend the building code requirements to provide regulations for construction of buildings to support adequate radio coverage for City Emergency Service Workers, including, Firefighters and Police Officers. Cl and that the appropriate officials be authorized to execute same. SUMMARY: • The City of Clearwater operates an 11 channel public safety radio system in the 800 megahertz (MHz) band. The system was designed to provide clear, intelligible, in-building communication from portable radios with public safety speaker microphones mounted at shoulder height with an area coverage reliability of better than 95%. • The City has recently discovered that erection of some new or additions to large buildings (for example, additions at Countryside Mall) affects the radio system coverage. The effect on radio coverage is dependent on location (distance from the radio transmitter and receiver and other buildings in the vicinity), height, projected frontal area and construction materials. If engineering studies indicate that there is a potential for reduction in radio system coverage to a level below that considered acceptable for reliable public safety communications, corrective action will be required to assure radio-system coverage reliability is retained. At the minimum, a Radio Signal Booster System will be required. In extreme situations, it may be necessary to install a satellite receiver station. • This new ordinance includes requirements of a Radio Signal Booster System which will correct for a predicated reduction in the radio signal through fade margin studies, resulting from a new building development, to a level below that required to assure the 95% area coverage reliability needed for public safety communications. • Single family residences and/or buildings less than 5,000 square feet are exempt. • Staff recommends approval of the attached Ordinance 6935-02. Reviewed by: Originating Dept.: C osts 1 Legal Info Srvc NIA Development Serv 6* ept. Total {Jeff Kronschnabl, or) t Budget NIA Public,works NIA User Dept.: Funding Source: Purchasing NIA DCM/ACM Development S vices ept. Current CI {Jeff Kronschna clor) FY Risk Mgmt NIA Other- a Attachments OP Police Dept, ?. General Services 9,,l Ord, 6935.02 Other Submitted by: City manager 0 Nf1i1L Annrnnri?finn r.,.l,,. Printed on recvcled naner ORDINANCE N0.693&02 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, RELATING TO THE BUILDING AND DEVELOPMENT REGULATIONS; AMENDING ARTICLE III STANDARD CODES, ESTABLISHING SECTION 47.053 RADIO SYSTEM REGULATIONS FOR BUILDINGS; TO PROVIDE REGULATIONS FOR CONSTRUCTION OF BUILDINGS TO SUPPORT ADEQUATE RADIO COVERAGE FOR CITY EMERGENCY SERVICE WORKERS INCLUDING BUT NOT LIMITED TO FIREFIGHTERS AND POLICE OFFICERS; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA: Section 1. Article III. STANDARD CODES, is amended to read: f Section 47.053. Radio System Regulations for Certain Buildings and Structures. (a) Adequate radio coverage defined. For purposes of this section, adequate radio coverage shall include all of the following: (1) a minimum signal strength of -95 dBrn available In 95% of the area of each floor of the building when transmitted from the closest City Police or Fire communications system site; (2) a minimum signal strength of-95 dBm received at the closest City Police or Fire communications system site when transmitted from 95% of the area of each floor of the building; (3) the frequency range which must be supported shall be 806 MHz to 869 MHz; (4) a 95%.reliability factor. (b) Requirement of adequate radio coverage. No person shall construct or architecturally modify any building or structure which falls to support adequate radio coverage for city emergency service workers including but not limited to firefighters and police officers. The effect on radio coverage is dependent on location (distance from the radio transmitter and receiver and'other buildings in the vicinity), height, projected frontal area and construction materials. If the City determines that there is a potential for reduction in radio system coverage to a level below that considered acceptable for reliable public safety communications, corrective action by the property owner will be required to assure radio system coverage reliability is retained. (c) Technical requirements of coverage systems. At a minimum, a Radio Signal Booster System shall be installed to correct any predicated reduction in the radio signal resulting from a new building development, as verified through fade margin studies performed by the City, to a level below that required to assure the 95% area coverage reliability needed for public safety communications. In extreme situations, it may be necessary to install a satellite receiver station.-The Radio Signal Booster System shall consist of an antenna subsystem (typically mounted on the roof or another exterior structure), a bi-directional amplifier subsystem with a backup power supply mounted in a suitable location on one or more floors of the building and an in-bullding antenna subsystem. The specifications and design of the system will be subject Ordinnhce No. 6935-02 to approval by the City prior to the-issuance of a building permit. Buildings and structures which cannot sLrpport the required level of radio coverage shall be equipped with either a radiating cable system(s) or Internal multiple antenna system(s) with or without FCC type accepted bi-directional 800 MHz amplifiers as needed. If any part of the installed systems contains an electronically powered component, the system shall be capable of operating on an independent battery and/or generator system for a period of at least twelve (12) hours without external power output. The battery system shall automatically charge in the presence of external power input. If used, bi-directional amplifiers shall include filters to reduce the adjacent frequency interference at least 35 dl3 below the NPSPAC band. The filters shall be tuned to 825 MHz and 870 MHz so that they will be 35 dB below the NPSPAC frequencies of 824 MHz and 869 MHz respectively. Other settings may be used provided that they do not attenuate the NPSPAC frequencies and further provided that they are not more than one MHz from the NPSPAC frequencies. (d) Acceptance test procedures. When an in-building radio system is required, and upon completion, it will be the building owner's responsibility to have the radio system tested to ensure that two-way coverage on each floor of the building is a minimum of 95%. Each floor of the building shall be divided into a grid of approximately twenty (20) equal areas. A maximum of two (2) nonadjacent areas will be allowed to fail the test. In the event that three (3) of the areas fail the test, in order to be more statistically accurate, the floor may be divided in to forth (40) equal test areas. In such event, a maximum of four (4) nonadjacent areas will be allowed to fail the test. After the forty (40) area test, if the system continues to fail, the building owner shall have the system altered to meet the 95% coverage requirement. Talk back testing from the site to the City shall use a three (3) watt portable transceiver with speaker microphone and flexible antenna. A spot located approximately in the center of a grid area will be selected for the test, then the radio will be keyed to verify two-way communications to and from the outside of the building through the City. Once the spot has been selected, prospecting for a better spot within the grid area will not be permitted. Field strength testing instruments are to be recently calibrated (1 year) and of the frequency selective type incorporating a flexible antenna similar to the ones used on the hand held transceivers. The gain values of all amplifiers shall be measured and the test measurement results shall be kept on file with the building owner so that the measurements can be verified each year during the annual tests. In the event that the measurement results become lost, the building owner will be required to rerun the acceptance test to reestablish the gain values. A representative of the City of Clearwater shall oversee the acceptance test. A Certificate of Occupancy shall not be issued for any building or structure covered by this section if the requirements of this section are not met. (e) Annual and Five Year Tests. When an In-building radio system is required, the building owner shall test.all active components of the system, including but not limited to amplifiers, power supplies and back-up batteries, a minimum of once every twelve (12) months. Amplifiers shall be tested to ensure that the gain is the same as it was upon Initial inspection and acceptance. Backup batteries and power supplies shall be tested under load for a period of one (1) hour to verify that they will properly operate during an actual power outage. If within the one (1) hour test period, in the opinion of the testing technician, the battery exhibits symptoms of failure, the test shall be extended for additional one (1) hour periods until the testing technician confirms the Integrity of the battery. All other active components shall be checked to determine that they are operating within the manufacturer's specifications for the Intended purpose. In addition to the annual test, the building owner shall perform a radio coverage test a minimum of once every five (5) years to ensure that the radio system continues ? Ordinance 6935-02 to meet the requirements of the original acceptance test. The procedure set forth above shall apply.to such tests. (f) Qualifications of testing personnel. All tests shall be conducted, documented and signed by a person In possession of a current FCC license, or a current technician certification Issued by the Associated Public- Safety Communications Officials International (APCO) or major radio system vendor such as MIA-COM or Motorola. The building owner shall retain all test records on the inspected premises, and a copy shall be submitted to the City of Clearwater. (g) Field Testing. As a condition of permit issuance for new construction and architectural modification, the property owner shall give the City of Clearwater the right to enter upon the subject property, after reasonable notice to the property owner or representative, to conduct field testing during the life of the permit to be certain that adequate radio coverage is present. ' . (h) Exemptions. This section shall not apply to any single-family residence or to buildings or .. structures of area less than 5,000 square feet. For purposes of this section, parking structures and stair shafts shall be considered to be part of a building or structure, but elevators shall be excluded. Section 2. This ordinance shall take effect immediately upon adoption. PASSED ON FIRST READING PASSED ON SECOND AND FINAL. READING AND ADOPTED Approved as to form: Leslie K. Dougal! Slde Assistant City Attorney , Brian J. Aungst, Mayor-Commissioner Attest: Cynthia E. Goudeau, City Clerk 3 Ordhinucc 6935.02 COPIES TO: COMMISSION City Attorney Annual Review Vice Mayor Whitney Gray October 3,2002 OCT 0 3 2002 PRESS CLERK / ATTORNEY Pam Akin, Clearwater City Attorney, is a valuable asset to the City of Clearwater. Her advice is reliable, conservative and legally sound as is evidenced by her reputation in the city's legal community as well as the City's record in and out of the courtroom. She is able to explain legal and, to an impressive degree, financial consequences of actions. Her positions are well thought out and are always in the best interest of the City of Clearwater. She is aggressive in the City's interests, but is also very perceptive of opponents' strategies. She formulates contingency plans according to those potential strategies. She anticipates potential problems and their solutions. She works hard to implement those solutions. The CA's communications are clear and concise, understandable to the layman. She invites questions and does not shrink from philosophical debate. She clearly works to protect the Commission and the City from unfavorable financial and policy exposures. The CA is personable and is enjoyable to spend time with. I feel that she is very responsive to me, returning phone calls very promptly and answering questions until she is sure I understand. She is not condescending in any way. She seems to be well respected by her staff and there seems to be good morale in her department. Overall, I am very pleased with Ms. Akin's performance and look forward to working with her in the future. 2002 EVALUATION CITY MANAGER (Cleanvater, FL) ASSISTING COMMISSION WITH ITS POLICY-MAKING ROLE \Veak Strong A. Providing Information 1. Does the City Manager keep you informed, 1 2 3 4 (f) in a timely manner, of the things you want ., to know about? 2. Do you feel that you reccive information on 2 3 4 0 an equal basis with other Commission members? 3. Do reports provide adcquate information 1 2 3 4 (9 and analysis to help you make sound decisions? 4. Are agenda items and supporting documents 1 2 3 (3) 5 brought to the Commission in sufficient time for deliberations? 5. Does the City Manager follow up promptly 1 2 3 4 (!) on Commission requests for information or action without having to be remindcd? Comments \Vcak StroU!! B. Providing Advice 1. Does the City Manager have adequate 2 ... 4 uj -' knowlcdge of municipal affairs? 2. Does hc exercise good judgment? 2 ... 4 cD -' 3. Do you feel that the City Manager considers 2 ... 4 (f) -' alternatives before making recommendations? 4. Does the City Manager plan ahead, anticipate 2 3 4 (i) needs and recognize potential problems? 5. How do you fcel about the quality of analysis 2 ... 4 cD -' 5 t that accompanies recommendations? 6. Does he have a good sense of timing in 2 3 4 G bringing issues to the Commission for action? Comments .' INTERNAL ADMINISTRATION \Vcak Strong A. Financial Managcmcnt 1. Arc you comfortable with the City Manager's 2 ... 4 6J -' approach to budget preparation and review? 2. Is the City Manager effective in controlling 2 3 4 (D costs through economical utilization of manpower, materials and equipment? 3. Does the City Manager havc sufficient 2 3 4 & knowledge of financial matters? 4. Docs the City Manager provide you with 2 3 4 (JJ sufficicnt information on the financial status of the City government? 5. Is the budgct submitted on time? '") .. 4 /:'-. .:.. -' ("~) Comments Wcak Strong B. Personnel Managcmcnt 1. Is the City Manager successful in guiding people 2 3 4 cD so that they work together as a team toward common objectives? 2. Is the City Manager effectivc in selecting and 2 3 & 5 placing personnel? 3. Does the City Manager develop and motivate 1 2 3 4 (}) personnel so that they are increasingly effective in pcrforming their duties? 4. Is the City Manager willing to face up to 1 2 '" 4 @ .) disciplinary problems and take action when warranted? 5. Is the City Manager effectivc in promoting 1 2 3 4 d) positive employer-employec rclations? 6. Is the City Manager effective on assuring that 2 3 4 (i) staff makes a positive impression on citizens? Comments \Vcak Strong C. Gctting the Job Done 1. Do you have the feeling that things the 2 3 4 (j) Commission decides or directs get done? 2. Does the City Manager organize or assign 2 ... 4 () ..) work so that it is performed efficiently and effectively? 3. Does the City Managcr pay sufficient attention 2 3 4 V to detail to avoid error or things "slipping through the cracks"? 4. Docs the City Manager put in sufficient time 2 3 4 @) and effort to perform to your expectations? 5. Does the City Managcr have a good scnse of 2 3 4 @ priorities in the way hc spends his time on the job? 6. Is the City Manager able to analyze problcms 2 3 4 (j) or issues and identify causes, reasons and implications? Comments EXTERNAL RELATIONS \Vcak Strong A. Citizen Relations 1. Does the City Manager gcnerally make a positive 2 3 4 ~) impression on citizcns and is he rcspected in thc City of Clearwater? 2. Is he cffcctive in handling disputes or complaints 2 " 4 0 ..) involving citizens? \Veak Strong 3. Does the City Manager have appropriate 2 3 4 CD visibility or identity in the community? 4. Does the City Manager represent Commission 1 2 3 4 CD positions and policies accurately and effectively? S. Does the City Manager give sufficient credit 1 2 3 4 CD to Commission? 6. Does the City Manager think and act in a 2 3 4 CD manner reflecting an attitude that client (Commission, staff or citizens) perceptions and satisfactions are key? Comments \Veak Strong 8. Intergovernmental Relations 1. Is the City Manager effective representing 2 3 4 (J) the City's interests in dealing with other agencies? 2. Does the City Manager participate in enough 2 3 4 (i) intergovernmental activity to have an impact on behalfofthe City? Comments PERSONAL CHARACTEIUSTICS \Veak Strong A. Personality I. Is the City jvlanagcr's personulity suited to clfective performance of his duties? 2 3 4 6) \Veak Strong B. Communications 1. Is the City Managcr easy to talk to? 2 3 4 G) 2. Do you feel he is a good listener? 2 3 4 (!) 3. Arc communications thoughtful, clear 2 3 4 (]) and to thc point? 4. Does the City Managcr show sensitivity 2 3 4 CD to the concerns of others? Commcnts \Veak Strong C. Management Style 1. Does the City Manager demonstratc interest 2 3 4 (!J and enthusiasm in perfom1ing his duties? 2. Does he have sufficicnt leadership 2 3 4 (!) characteristics to command respect and good performance from cmployecs? 3. Does the City Manager show initiative and 2 3 4 (J creativity in dealing with issues, problems and unusual situations? 4. Is thc City Managcr opcn to new idcas and 2 3 4 CV suggestions for change? 5. Is the City Manager honest and ethical? 2 3 4 ()) 6. Does the City Manager work well under 2 3 4 G'l )/ pressure? .-/ 7. Can the City Manager consistently put 2 3 4 G) aside personal views and implcment Commission policy and direction? Comments Vision Accomplishments Weak Strong 1. Does the City Manager demonstrate interest 2 3 4 6) and enthusiasm about the Commission's Vision for the City? 2. Has the City Manager given staff enough support 2 3 4 0 to carry out the Commission's Vision? 3. Has the City Manager contained the growth of 2 3 4 (j) public safety personnel? 4. . Has the City Manger supported policies that will 2 3 4 (i) increase safety in the City of Clearwater? 5. Has the City Manager created an atmosphere 2 3 4 0 for redevelopment throughout the city? 6. Docs the City Manager support responsible 2 3 4 (!) infrastructure maintenance? 7. Docs the City Manager place enough emphasis I 2 3 4 f) on the need for asset management and technological improvements throughout the city? 8. Has the City Manager supported a wide variety 2 3 4 CV of cultural and recreational offerings? 9. Do the City Manager's actions show an active 2 3 4 V interest in the health and safety of the city's neighborhoods? \Veak Strong 10. Does the City Manger give his staff the tools 2 .., 4 G.) j necessary to provide efficient, responsive city services? 11. Does the City Manager create an atmosphere 2 3 4 d) in which employees can enjoy working for the City? 12. Do the City Manager's personnel policies 2 3 4 (j5 reflect the need to compete for and cultivate talented employees. 13. Has the City Manager helped to make Clearwater 2 3 4 (!) a wonderful place to live, learn, work, and play. ACHIEVEMENTS List the top three achievemcnts or strong points of the City Managcr for the past twelve (12) months. FUTURE DEVELOPMENT List three goals for the City Manager that you feel are the most important targets for this year. Councilmember Dale /Y3;J:2 \Veak 1 2 Strong 3 4Q) ::'1:: ICity of Clearwater J -- . . emor anager , . . - . Employee Evaluation and PlanQing Form . PURPOSE OF THE SYSTEM CITY MISSION CITY VALUES From: 10/1/01 To: 9/30/02 ^ To reinforce and evaluate performance against the mission, values. and objectives of the City of Clearwater. ^ To reward and recognize high performance and to motivate employees to achieve higher levels of performance. ^ To hold employees accountable for meeting their objectives. ^ To improve communication between all employees. ^ To provide performance feedback that can be used for performance improvement and career development purposes. Provide the leadership, programs, and infrastructure necessary to make.....Clearwater; One great place to live, work and play." CARING - We will act in ways which promote a thriving community and citizenry. We will demonstrate concern and respect for our citizens and our employees by being attentive to all sides of an issue. We will encourage teamwork, trust, respect, and open communication. WELL-RUN - We commit to efficient, effective, economical provision of services. We will plan and organize to accomplish these goals througtl Innovation, excellent service. and removing barriers. We will seek and retain the best leaders. Our employees will be knowledgeable and customer service oriented. INTEGRITY - We will be honest, straightforward, and courageous in our actions. We will be fair, ethical, and consistent as we strive to attain our vision. OUTSTANDING QUALITY - We will set and maintain high standards. We will provide extraordinary service and require excellence at every level. FUTURE ORIENTED DECISION-MAKING - We understand that the decisions we make today establish the infrastructure, quality of life, and the direction of our community for future generations. We will make informed decisions by considering the pros and cons, the ramifications. the costs, and the alternatives. Part I: KEY. JOB OBJECTIVES, Manage the legal department and the provision of legal services to the City. a mg: o Exceeds Expectations o Meets Expectations o Needs Further Development ommen 5 on nnua e ormance: I receive good feedback on the performance in this area. It is particularly important to me that the City Attorney and the City Manager work as a team for the benefit of the citizens. This happens with the current CM and CA. a mg: o Ex~e_~.ds Expectations o Meets Expectations o Needs Further Development ommen 5 on nnua e ormance: Ms. Akin gives timely guidance on pending legal matters. She provides adequate background and interprets legal issues for me with considerable patience and makes sure I fully understand all issues. She is also a legal sounding board for proposals or suggestions that I bring up. Direct the prosecution or defense of litigation to which the City is a party. o Exceeds Expectations e Meets Expectations e Needs Further Development ommen 5 on nnua e ormance: Ms. Akin is appropriately aggressive in following the direction of the Commission. The Granite State Outdoor case in a good example. The timely resolution of litigation is not always achieved, but this is probably more a factor of the court system than of Ms. Akin's. . ~ :.' . ~ . .' ~ . . . . . .~ . .':. : :",;: .' " . " ~ .,..... ,... 2 Part II: CORE MANAGEMENT COMPETENCIES LEADERSHIP: Accomplishes actions through leading and directing others; effectively guides, directs, and inspires groups of employees; provides a vision for the organization and communicates it effectively; builds teamwork and guides other toward common goals. uarter y evtew otes: atmg: (L_Exceeds ExpectatioJ1~ o Meets Expectations o Needs Further Development STRATEGIC THINKING: Thinks long-term, anticipating issues that may impact the operation; seeks to identify future trends that will affect the business. uartcr y CVICW otes: atmg: o Exceeds Expectations o M~_t~~pectations o Needs Further Development INTEGRITY: Demonstrates regard for standards of ethics and honesty; acts in a trustworthy manner; does what is promised. uarter Y cVlew otes: atmg: o Exceeds EXQectations o Meets Expectations o Needs Further Development omments on nnua e ormanc ecommen e ctlon: She operates with the highest integrity. Ms. Akin tells me what I need to know even if she knows that it isn't what I want to hear. JUDGMENT: Makes sound and timely decisions; demonstrates prudence, discretion; analyzes the pros and cons of alternatives before taking action; considers ramification of decisions. uarter y eVlew otes: atmg: {L!=.xceeci? EXQectations o Meets Expectations o Needs Further Development FOCUS ON QUALITY: Demonstrates concern for accuracy and quality of work performed; sets high standards and takes action to meet those standards. lIartcr y eVlew otes: 3 Annual Rating: o Exceeds Expectations o Meets Expectations o Needs Further Development c.;omments on Annual tJenormanCe/Kecommenaea ActIon: Only seldom do documents which have been reviewed by her department contain errors which require withdrawal of an agenda item. " COMMUNICA TION SKILLS: Demonstrates accuracy and clarity of written and verbal information, strong writing and editing abilities; listens effectively; uses questioning and probing skills; high level of comprehension. uarter y eVlew otes: atmg: o !=xc~~s!~~p'ectations o Meets Expectations o Needs Further Development ctlon: INTERPERSONAL SKILLS: Relates well to others; makes an attempt to interact with all employees in both formal and informal settings; demonstrates ease in working with staff and management. uarter y eVlew otes: atmg: o g2<~e_eQs Expectations o Meels Expectations o Needs Further Development ctlon: INNOVA TION: Actively seeks new methods to accomplish work; shows Interest in change and improvement; is not overly tied to old methods of doing things; looks for process improvements wherever possible. uarter y eVlew otes: a mg: o !;.xceeds I=xpectations o Meets Expectations o Needs Further Development ctlon: CONFLICT RESOLUTION/MANAGEMENT: Demonstrates successful intervention in conflict situations; identifies mutually acceptable solutions; promotes individual and group rights; provides mediation of differences. uarter y eVlew otes: atmg: o !;.xceeds Exgectations o Meets Expectations o Needs Further Development ctlon: 5 DIVERSITY: Accepts and values individual methods, concepts, ideas; actively promotes diversity ir. measurable terms within the organization; views all employees as valuable contributors to the organization. Quarterly HeVlew Notes: Annual Hatmg: o Exceeds Expectations o Meets Expectations o Needs Further Development Comments on Annual PerformancelHecommendea ActIon: PERFORMANCE SUMMARY . Strengths: Integrity Counselor Team Player Defender of City ordinances Respected by her peers in other cities Opportunities for Development: OVERALL RATING: 0 Exceeds Expectations 0 Meets Expectations 0 Needs Further Development City Commissioner Bill Jonson 10/03/02 Evaluator Signature Date Employee Signature Date 6 R C!'Jilef mate U Interoffice Correspondence Sheet To: Mayor and Commissioners From: Bill Horne, City. Manager Re:'' Evaluation and City Accomplishments Date:' . September 27th, 2002 i Attached to this memo is the'2002 City Manager's evaluation document for my evaluation on i October 3rd,, 2002. This document was compiled based upon the Commissions' suggestions and i preferences. Also included is a list of citywide accomplishments that reflect progress towards the i f City Commissions' recently adopted strategic vision (pending public input). I look forward to' receiving the Commissions' response and direction. 14i lrtSMiWM.}•'n.. r-f'r .... _ ? - .. .,... ., i.Y-r ...`.e......., _ 1 r., . e :! vr1. .I..r . • ., r .. t .... .. ..•.-. a.. res. r._.+• .. CITY MANAGER (Clearwater, FL) 2002 EVALUATION ASSISTING COMMISSION WITH ITS POLICY-MAKING ROLE Weak Strong A. Providing Information 1. Does the City Manager keep you informed, 1 2 3 4 ' .5 in a timely manner, of the things you want to'know about? 2. Do you feel that you receive information on 1 .2 3 4. 5 an equal-basis with other Commission members? 3. Do reports provide adequate information' 1 2 3 4 5 and analysis to help you make sound decisions? 4. Are agenda items and supporting documents 1 2 3 4. 5 brought to the Commission in sufficient time for deliberations? 5. Does the City Manager follow up promptly. 1 2 3 4 5 on Commission requests for information or action ' without having to be reminded? Comments Weak Strong B. Providing Advice 1. Does the City Manager have adequate 1. 2 3 4 5 knowledge of municipal affairs? 2. Does he exercise good judgment? 1 2 3 4 5 3. Do you feel that the City Manager considers 1 2 3 4 5 alternatives before making recommendations? 4. Does the City Manager plan ahead, anticipate 1 2 3 4 5 needs and recognize potential problems? 5. How do you feel about the quality of analysis 1 2 3 4 5 that accompanies recommendations? b. Does he have a good sense of timing in 1 2 3 4 5 bringing issues to the Commission for action? .Comments INTERNAL ADMINISTRATION Weak Strong? A. Financial Management 1., Are you comfortable with the City Manager's 1 2 3 4 5 approach to budget preparation and review? 2. Is the City Manager effective in controlling 1 2 3 4 5 costs through economical utilization of manpower, materials and equipment? 3. . Does the City Manager have sufficient 1 2 3 4 5 knowledge of financial matters? 4. Does the City Manager provide you with I 2 3 4 5 sufficient information on the financial status of the City government? 5. Is the budget submitted on time? 1 2 3 . 4 - 5 Weak St_ ron ' B: Personnel Management 1. Is the City Manager successful in guiding people 1 2 3 4 5 so that they work together as a team toward common objectives? 2. Js the City Manager effective in selecting and 1 2 3 4 5 placing personnel? ' 3. Does the City Manager develop and motivate 1 2 3 4 5 personnel so that they are increasingly effective in performing their duties? 4. Is the City Manager willing to face up to 1 2 3 4' 5 . disciplinary problems and take action when warranted? . 5. Is the City Manager effective in promoting 1 2 3 4 5 ` positive employer-employee relations? 6. Is the City Manager effective on assuring that 1 2 3 4 5" staff makes a positive impression on citizens? Comments , . Weak Stron C. Getting the. Jab Done 1. Do you have the feeling that things the 1 2 3 4 5 ' Commission decides 'or directs get done? 2. Does the City Manager organize or assign 1 2 3 4 5 work so that it is performed efficiently and 4 :. effectively? 3. Does the City: Manager pay sufficient attention 1 2 3 4 S ' . to detail to avoid error or things "slipping ' through the cracks"? 4. Does the City Manager put in sufficient time 1 2, 3 4 5. f and effort to perform to your expectations? 5. Does the City Manager have a good sense of 1 2 3 4 5 priorities in the way he spends his time on ' . the job? d. Is the City Manager able to analyze problems 1 2 3 4 S • : or issues and identify causes, reasons and implications? Comments EXTERNAL RELATIONS Weak Strong A. Citizen Relations ' i 1. Does the City Manager generally make a positive 1 2 3 4. .5 impression. on citizens and is he respected in the City of Clearwater? 2. Is he effective in handling disputes or complaints 1 2 3 4 5 involving citizens? Weak Strone 3. Does the City Manager have appropriate 1 2 3 4 5 visibility or identity in the community? 4. Does the City Manager represent Commission 1 2 3 4 5 positions and policies accurately and effectively? 5. Does the City Manager give sufficient credit 1 2 3 4 5 to Commission? 6. Does the City Manager think and act in a 1 2 3 4 5 manner reflecting an attitude that client i . (Commission, staff or citizens) perceptions and satisfactions are key? Comments Weak Strong' B. Intergovernmental Relations 1. Is the City Manager effective representing 1 2 3 4 5 the City's interests in dealing with other ' agencies? 2. Does the City Manager participate in enough 1 2 3 4 5 intergovernmental activity to have an impact on behalf of the City? Comments PERSONAL CHARACTERISTICS Weak Strong A. Personality' 1. Is the City Manager's personality suited to 1 2 3 4 5 effective performance of his duties? Weak Strong B. C ommunications 1. Is the City Manager easy to talk to? 1 2 3 4 5 2. Do you feel he is a good listener? 1 2 .3 4 5 '. 3. Are communications thoughtful, clear 1 2 3 4 5 { and to the point? 4. Does the City Manager show sensitivity 1 2 3 4 5 to the concerns of others? Comments Weak Strong C. Management Style I. Does the City Manager demonstrate interest 1 2 3 4 5 and enthusiasm in performing his duties? 2. Does he have sufficient leadership 1 2 3 4 5 characteristics to command respect and good performance from employees? 3. Does the City Manager show initiative and 1 2 3 4 5 ' creativity in dealing with issues, problems and unusual situations? 4. Is the City Manager open to new ideas and 1 , 2 3 4 °. 5 " suggestions for change? 5. Is the City Manager honest and ethical? 1 2 3 4 5' .6. Does the City Manager work well under l 2 3 .4 5 pressure? 7. Can the City Manager consistently put 1 2 , 3 4, 5 aside personal views and implement Commission policy and direction? I , Comments Vision Accomplishments Weak Strong I., Does the City Manager demonstrate interest 1 . 2 3 4 . 5 and enthusiasm about the '. Commission's Vision for the City? , 2. Has the City Manager given staff enough support 1 2. 3 4 ; 5, to carry out the Commission's Vision? 3. Has the City Manager contained the growth of 1 2 3 .4 5 public safety personnel? 4, -Has the City Manger supported policies that will 1 2 3 , .4 5 '.increase safety in the City of Clearwater? 5. Has the City.Manager created an atmosphere 1 2 3 .4 5 . for redevelopment throughout the city? 6. Does the City Manager support responsible 1 2 -3 4 5 infrastructure maintenance? ' 7. Does the City Manager place enough emphasis 1 2 3 4 ' 5 on the need for asset management and technological improvements throughout the city? 8. Has the City Manager supported a wide variety 1 2 3 4 5 ' of cultural and recreational offerings? 9. Do the City Manager's' actions show an active t" 2 3. 4 5 s interest in the health and safety of the city's neighborhoods? i v Weak Strong 10.' Does the City Manger give his staff the tools I 2 3 4 5 necessary to provide efficient, responsive city services? 11. Does the City Manager create an atmosphere 1 2 3 4 5 in which employees can enjoy working for the city? 12. Do the City Manager's personnel policies 1 2 3 4 5 reflect the need to compete for and cultivate ' talented employees. 13. Has'the City Manager helped to make-Clearwater 1 2 3 ° .. 4 5 a wonderful place to live, learn, work, and play. ACHIEVEMENTS List the top three achievements or strong.points of the City Manager for the past twelve (12) months. FUTURE DEVELOPMENT List three goals for the City Manager that you feel are the most important targets for this year. City Accomplishments for FY 2002 Public Safety • The Police Department increased the visibility of police officers and vehicles throughout the city by extending the take home vehicle policy to include all officers that live within. city limits. • Results of the 2002 Customer Service Survey reflect that 91 % of residents surveyed feel that the City is a safe place to live, work and do business. • The Police Department improved the City's ability to address crime related to homelessness through the Police Homeless Outreach program that was funded through a federal Neighborhood Policing Initiative. • In FY 02, the Fire Department designed and constructed a new, modern, well- equipped fire station on Sand Key, an isolated location that previously showed longer response times than the City average. The department also purchased a new engine for the station. The Sand Key station will be open in October 02. • The Fire Department completed the design for the replacement of Station 49 at Clearwater Mall and will begin construction in December 02. • The Fire Department added a total of 13.2 positions, including staff for the Northwest Station. These staff members were: o 11 Firelighters -- ¦ 3 for Truck 45 (filled & in operation) ¦ 8 for NW Station (unfilled at present; awaiting contract award) 0 1 Fire Prevention Inspector (Hiring in-process) 0 1 Staff Assistant e .2 Public Education Specialist (Upgraded Pub Ed Spec to fulltime) The installation of a first rate security system at the Airpark. A representative from the Florida Department of Transportation referred to the system as the best in the state of Florida. Economic Development • The Economic Development and Housing Department was instrumental in the development of the Harbor Oaks Shopping Center and its lead tenant Publix, which involved the use of Brownfield and Enterprise Zone funding and credits. • The Economic Development and Housing Department targeted residential development within the downtown, and is coordinating multiple new residential projects, including the Mediterranean Village In The Park. The Economic Development and Housing Department provided $1.5'million dollars in funding for the rehabilitation of the North Greenwood Apartments and the Fulton Apartments. • The Planning Department amended the Community Development Code to address additional flexibility in signage for large sites. • The Planning Department increased the tax base by approximately $5 million as a result of annexed properties into the City. Infrastructure Maintenance • Public Utilities' new Water Plant is moving forward on schedule and under budget. • Public Utilities Wastewater Collection System's improvements are'continuing and decreasing overflows and blockages throughout the city. In FY 01, there were 84 2 . ¦ overflows and 248 blockages. With the new improvements, there were 46 overflows and 140 blockages in FY 02. In addition, the United States Environmental Protection Agency has recognized Public Utilities shift from reactive maintenance to proactive maintenance. • Public Utilities has gotten the Aquifer Storage and Recovery (ASR) initial feasibility study approved and all Interlocal agreements have been signed. The project will be underway in the beginning of FY 03. • The Public Services Department swept 25,576 miles of main street arteries throughout Clearwater. • The Public Services Department repaired or constructed 53,130 square feet of sidewalks and pads throughout Clearwater. • The Public Services Department pruned 4,233 palm trees in the City's right of way and parks in FY 02, • The Engineering Department completed the design phase and began construction on both the Memorial Causeway Bridge and Town Lake. These projects are vital components to downtown revitalization. • The Engineering Department purchased the Kapok Mobile Home Park to reduce flooding in the areas east of US 19, north of Gulf to Bay. • The Engineering Department made significant progress on both north and south beach by completing the design and starting the construction of the Mandalay Streetscape project and developing a detailed scope of work to begin the design and implementation of the Beachwalk project. 3 ??t'•a/?r ....... .,. a .. '3 ? .. .F ., L'.... .. .1. .. .? ... f * The Finance Department successfully issued three bonds to improve the city's infrastructure. They were $54 million for water and sewer, $23 million for Stormwater, and $15 million for the Community Sports Complex. • The Clearwater Gas Department achieved annual revenues of nearly $28 million with a net income of over $1.5 million, while transfer payments to the City reached nearly $4.9 miNion. • The Clearwater Gas Department connected over 1,700 new gas customers in FY 02, which brings the number of gas customers to nearly 17,000. • The Clearwater Gas Department achieved a natural gas system reliability of 99.99997%, making a customer's probability of experiencing an outage to be once every 70 years. • The City consolidated the Solid Waste and General Support Services Departments, which saved the City 6.5 FTE's and approximately $400,000 in operating expenses. • The Solid Waste/GSS Department donated a lot adjacent to the MSB and Clearwater Police. Department to the General Fund valued at $235,000. • The Solid WastelGSS Department revised Fleet Maintenance operating procedures to conserve approximately $300,000 in annual operating costs. • The Marine and Aviation Department more than doubled the Airpark revenue with the completion of twenty new "T" Hangars. Quality of Life The Marine and Aviation Department hosted the international Sailing regatta for "sailors of all abilities" with entries from as far away as Australia. • The City Auditor's Office assisted City departments with communication and liaison services to our growing Hispanic/Latino community and translated (English to Spanish) approximately 20 brochures, pamphlets, and physical signs throughout the City. • 'The Parks and Recreation Department has successfully negotiated the design of the new Community Sports Complex and has begin its construction. • The Parks and Recreation Department has designed and started construction on two new recreation and aquatic complexes in both North and South Greenwood. • The Parks and Recreation Department held over 103 culturally diverse events and . festivals in FY 02. • The Clearwater Public Library system circulated 1,211,867 books, videos, DVDs and other materials. • The Clearwater Public Library system answered 436,072 reference questions in FY 02. • The Clearwater Public Library system hosted 1,176 programs with a total attendance of 75,807 customers. • The Customer Service Department received approximately 100,000 customer telephone calls and answered over 96% of those calls within 30 seconds, with less than a 5 % loss rate. • The Customer Service Department performed over 680,000 water and gas meter readings with an accuracy rate of over 99%. 5 • The Customer Service Department Issued over 550,000 utility bills totaling $90 million in revenue, and processed over 514,000 customer payments. • The Finance. Department received a Certificate of Achievement for Excellence in Financial Reporting from the Government Finance Officers Association (GFOA) for the 22nd consecutive year. The achievement of this award serves to give citizens a greater confidence in their government and also helps the City maintain higher debt ratings, leading 'to lower debt costs. • The Public Communications Department developed new programs/events to encourage greater public participation and input. These initiatives were the Citizen's Academy, Candidate's Forum, Town Hall Meetings, and the Citizens Opinion Survey. • The Public Communications Department produced a record number of major city publications to keep citizens informed: 540,000 utility stuffers, 10,000 Clearwater Neighborhoods Newsletters, 60,000 Annual Reports, 65,000 Citizen's Guides, and 6,000 Capital Improvement Project Newsletters. • The Public Communications Department developed a new look for C-View15 and refined programming to respond to citizen requests. The 2001 Communications Survey indicated that 74% of the 90% cabled households in Clearwater have watched C-View. • The City adopted the Island Estates Neighborhood Overlay District that will.improve the quality of life for the Island Estates neighborhood, plus increase the level of partnership between the neighborhood and city. • The,Development Services Department presented an agenda item to the City Commission in May to demolish the Cabana Club Restaurant on Sand Key. The structure had deteriorated to the point of being considered unsafe. Thereafter, the department was able to work with the owner to renovate the structure instead of demolishing it. 6 a . • The Development Services Department finalized the Citywide Facilities Management Survey. All City facilities were evaluated as to code compliance, aesthetics and safety concerns. 400 Parcels involving over 290 properties were inspected and found to have 490 non-compliance issues. Department Directors focused on resolving these issues in a timely and fiscally responsible manner. Survey completed March 20, 2001 follow up survey currently in progress to assure compliance issues still outstanding were addressed and/or are in the planning stages to be addressed. The project was completed on October 30, 2001. - The Development Services Department formulated the Residential Rental Compliance Program. The department partnered with outside community and rental business organizations to create a program for the inspection and licensing of all rental units in the city. The purpose and intent of the program is to revitalize and preserve our neighborhoods, plus create a more livable community. Implementation of the program is planned in FY 03. - The Development Services Department managed Clearwater's second weeklong celebration of neighborhoods. Events included: Welcome to Clearwater, Teen Coffeehouse, Landlord and Tenant Training, Neighborhood Block Parties, and a Public Sneaking workshop. Human Resource Issues o The Human Resources Department developed and implemented a comprehensive Senior Management (SAMP 4-6) Performance Evaluation System. • The Human Resources Department designed, developed, and implemented a 96-hour Leadership/Supervisory Development Program for all city supervisors, 7 • The Human Resources Department implemented the web based Peoplesoft HR Information System which will significantly enhance capabilities to provide service and enhance strategic goals, • The City Auditor's Office conducted ten tax and fee auditshevieWs that recovered $175,000 due the City. • The City Auditor's Office conducted twelve program audits that produced forty-five s recommendations improving operations and compliance in departments throughout the city. • The Equity Services Department graduated 9 employees from the Citywide Leadership Program in FY 02. 'S. 4 • The Equity Services Department trained over 1,600 employees in Diversity Awareness sessions. • The City was awarded the Government Finance Officers Association "Distinguished Budget Presentation Award for the City's annual budget for the fiscal year beginning October 1, 2001. 3 } LL rwa te'r Interoffice Correspondence Sheet MEMORANDUM i TO: City Commission 1(j FROM: Garry Brumback, Assistant City Manage oe? ' DATE: September 27, 2002 'RE:.. City Manager's Review • 1 Traditionally' you discuss the City Manager's evaluation at the work session and request any input pertaining to.-salary adjustments at that time.' Once you have considered the input, the Commission . then makes whatever they , deem as :y appropriate adjustments at the Thursday Commission Meeting. Bill will not be at the work session; therefore, I am providing the minutes of the meeting at which ` he was appointed. I would request that you review the attached transcript and favorably. consider .' . raising Bill's salary to at least the average, which is approximately $130,000. 1. am available to discuss any particular issues at your convenience at 224-7112. GB/sh ' Attachment ITEM .#32 - Other Commission Action The Interim City Manager departed at 7:25 p.m. a) City Manager contract The Mayor stated that Lou Fox of DMG Maximus was hired to negotiate Interim City Manager Bill Horne's contract for the City Manager position. Mr. Fox thanked Ms. Akin for her assistance in the negotiation process. He said Mr. Horne is requesting a base salary of $120,000 plus a one-time bonus of $10,000 to compensate.Mr. Horne for his tenure as Interim City Manager. Concern was expressed that when the total benefit package is considered, Mr. Horne would receive a 30% salary increase over his current salary. In response to a'question, Human Resources Director Paul O'Rourke said Mr. Horne's requested salary is 410,000 below the midpoint salary range for his position compared to similar cities' city manager positions. The City wishes to be competitive and analyses indicate that the City Manager and City Attorney positions are well below the market average. In response to a question, Mr. Fox said he had recommended the $130,000 salary; not Mr. Horne. He based his recommendation of the value of the job. A City Manager is on call 24 hours a day, 7 days a week. He said the other 4 finalists for the position were already receiving a higher salary and none of them would have accepted the position for $120,000. It was remarked that Mr. Horne should have received more compensation during his tenure as Interim City Manager. It was felt that when an employee is promoted, there is a tendency not to give the same increase needed should someone be hired from outside the City. Although no specific salary range was advertised, it was made clear during the process that the City would have to increase the salary significantly in order to attract competent candidates. Mr. Fox said there is no question that Mr. Horne's duties and responsibilities go beyond those of most municipal employees. He said Mr. Horne's military career required a high level of management skills. He worked in the City for a year in the difficult position of Interim City Manager and did an outstanding job. Comments were made that the salary level is appropriate. A citizen said after reading the newspaper, she thought Mr. Horne had asked for the $130,000 salary. Mr. Fox said the City is saving money even at this salary. Relocation fees would typidally cost $20,000 and there would be a 6-month acclimation period for an outside candidate. ',