08/18/2008
WORK SESSION AGENDA
Council Chambers - City Hall
8/18/2008 - 1:30 PM
1. Presentations
1.1 Service Awards
Attachments
1.2 Certificates to be presented to the Leadership Development Training Program graduates.
Attachments
1.3 Leadership ICMA Performance - Rashad Young, City Manager, Dayton, Ohio and Shelli Siemer,
Assistant City Manager, Allen, Texas
Attachments
2. Financial Services
2.1 Authorize the transfer of $364,299 from the Special Programs Fund - Project 99877 (Building Code
Enforcement Surplus) to the General Fund to cover deficits in revenues over expenses for FY07 and to
make a correction to the amount calculated in FY06. (consent)
Attachments
2.2 Declare salvaged materials from the East and Marshall Street WPC facilities surplus to the needs of the
City and ratify and confirm the sale. (consent)
Attachments
2.3 Presentation and discussion on the Downtown Boat Slips Marketing and Boat Slip Lottery Process (WSO)
Attachments
3. Gas System
3.1 Declare as surplus Pasco County real property identified as Parcel 32-25-16-0040-00000-0040 and
authorize advertising said property for bid pursuant to Invitation For Bid 34-08 in the minimum amount of
$650,000 net, less costs of recording corrective instruments, if any, adopt Resolution 08-18 and authorize
appropriate officials to execute same.
B Attnchmentc
3.2 Approve a Utility Work By Highway Contractor Agreement (Lump Sum) with the State of Florida's
Department of Transportation to install natural gas mains during improvement project, FPN: 256881-1-
56-07/Pinellas County, SR55 (US 19) from North of Whitney to South of Seville, at an estimated cost of
$70,576.00, adopt Resolution 08-19 and authorize the appropriate officials to execute same.
B Attachments
3.3 Approve a Utility Work By Highway Contractor Agreement with the State of Florida's Department of
Transportation to install natural gas mains during improvement project, FPN: 256881-2-56-07/Pinellas
County, SR55 (US 19) from South of Seville to North of SR 60, at an estimated cost of $39,427.00 and
adopt Resolution 08-21.
B Attachments
4. Marine and Aviation
4.1 Approve an increase to the Marine Operations budget in the amount of $850,000 to cover the increased
cost of fuel for resale. (consent)
Attachments
4.2 Authorize Supplemental Agreement 3 to an existing JPA with the FDOT for modifications to the Fixed
Base Operation (FBO) Building at Clearwater Airpark including renovation for the sewer system and
ground water cleanup, increasing funding by $175,000 ($99,598 from DOT and $75,402 from City),
authorize the appropriate officials to execute same and adopt Resolution 08-20.
Attachments
5. Parks and Recreation
5.1 Approve Florida Recreation Development Assistance Program (FRDAP) project grant agreement for
Morningside Improvements, in the amount of $135,611, between the State of Florida Department of
Environmental Protection and the City of Clearwater and authorize the appropriate officials to execute
same. (consent)
Attachments
5.2 Ratify and confirm staff submission of grant request to Florida Department of Elder Affairs 2008-2009
Senior Center Fixed Capital Outlay Grant (SCO) for the Senior Center at the Long Center in the amount
of $727,500. (consent)
Attachments
5.3 Approve the First Amendment to Agreement between the City of Clearwater and The Upper Pinellas
Association for Retarded Citizens, Inc., for the use of certain portions of The Long Center and authorize
the appropriate officials to execute same. (consent)
Attachments
6. Police
6.1 Approve an Interlocal Agreement between the CRA and the City of Clearwater to provide CRA funding
in the amount of $134,023.46 to underwrite the cost of two additional Community Policing officers and
related equipment by the Clearwater Police Department in the East Gateway CRA District, pursuant to the
recently adopted East Gateway District Five-Year Action Plan and authorize the appropriate officials to
execute same. (consent)
Attachments
6.2 Approve renewing a contract with the Pinellas County Sheriff's Office, Largo, Florida, for latent
fingerprint, crime scene processing, evidence and property storage and Pinellas Juvenile Assessment
Center services, during the one year contract period commencing October 1, 2008, through September 30,
2009, at a cost of $647,362.00 and authorize the appropriate officials to execute same. (consent)
Attachments
7. Engineering
7.1 Approve the a Cooperative Funding Agreement in the amount of $412,875 with the Southwest Florida
Water Management District (SWFWMD) and Pinellas County to share the cost of implementation of the
Magnolia Avenue and Sandra Drive Improvement Area and authorize the appropriate officials to execute
same. (consent)
Attachments
7.2 Approve a contract for $902,074.25 to Keystone Excavators, of Oldsmar, Fl, for the construction of
Alligator Creek Channel G (Fairwood Forest) Project, (03-0023-EN) which is the lowest responsible bid
in accordance with plans and specifications and authorize the appropriate officials to execute same.
(consent)
2 Attachments
7.3 Approve a Construction Contract in the amount of $630,165.25 for Pump Station 19 Replacement (06-
0010-UT), to Clark Hunt Construction, Inc. of Clearwater, FL, which is the lowest responsible bid
received in accordance with the plans and specifications and authorize the appropriate officials to execute
same. (consent)
Attachments
7.4 Award a contract for the Skycrest Neighborhood Traffic Calming project (03-0097-EN) to Scraper Fi
Services, LLC, of Palmetto, Florida, in the amount of $2,373,742.24, which is the lowest responsible bid
received in accordance with plans and specifications, and authorize the appropriate officials to execute the
same. (consent)
Attachments
7.5 Approve a work order to Malcolm Pirnie, City of Clearwater Engineer of Record (EOR), to provide
engineering design and permitting services for the Spring Branch Conveyance Enhancements Project for
the lump sum of $202,052.30 and authorize the appropriate officials to execute same. (consent)
Attachments
7.6 Approve the amendment to Department of Environmental Protection agreement WAP050 to extend the
expiration date from June 30, 2008 to April 30, 2010. (consent)
Attachments
7.7 Approve entering a Project Partnership Agreement (PPA) with the Department of the Army to design and
construct the Stevenson Creek Estuary Aquatic Ecosystem Restoration with the City funding $2,324,340
of the $6,640,970 total project cost and authorize the appropriate officials to execute same. (consent)
Attachments
8. Planning
8.1 Approve the Annexation, Initial Land Use Plan Designation of Residential Urban (RU) and Initial Zoning
Atlas Designation of Medium Density Residential (MDR) District for 1729 Overbrook Avenue (Lot 7,
Nichols Subdivision, according to the map or plat thereof as recorded in Plat Book 30, Page 9, Public
Records of Pinellas County, Florida); and Pass Ordinances 7985-08, 7986-08 and 7987-08 on first
reading. (ANX2008-04010)
AttnchmPntc
8.2 Approve the Annexation, Initial Land Use Plan Designation of Residential Low (RL) and Initial Zoning
Atlas Designation of Low Medium Density Residential (LMDR) District for 1837 Carlton Drive (Lot
Two (2), Block C, Carlton Terrace, according to the Map or Plat thereof as recorded in Plat Book 41, Page
16, Public Records of Pinellas County, Florida); and Pass Ordinances 7988-08, 7989-08 and 7990-08 on
first reading. (ANX2008-05012)
Attachments
8.3 Approve amendment to the Community Development Code to permit sandwich board signs in certain
areas, provide a fee for such signage, and to add a definition for traditional urban corridor, and Pass
Ordinance 7949-08 on first reading.
B Attachments
9. City Manager
9.1 Receive and consider report of Chase Realty, Inc., with Wm. Mark Searcy as Agent, of the results of the
firm/agents efforts to identify and propose suitable parcels, including letters of intent to sell said suitable
parcels, for City purchase and development of a 300 space parking garage on south Clearwater Beach.
Attachments
10. Legal
10.1 Adopt Ordinance No. 7964-08 on second reading, changing the parameters and procedures for settling
minor claims.
B Attachments
10.2 Adopt Ordinance No. 7965-08 on second reading, amending Section 2.641 - 2.647, Code of Ordinances,
relating to the Self Insurance Program, making procedural changes and name changes.
Attachments
10.3 Adopt Ordinance No. 7983-08 on second reading, increasing certain fees for the use of recreation
facilities by nonresidents and modifying the formulas for charging nonresident recreation fees.
Attachments
11. City Manager Verbal Reports
11.1 Report on Steinmart Meeting
Attachments
12. Council Discussion Items
12.1 County Inclusionary Zoning Ordinance
Attachments
13. Other Council Action
13.1 Other Council Action
Attachments
14. Adjourn
15. Presentation(s) for Council Meeting
15.1 2008 Legislative Session Report - Rep. Peter Nehr
Attachments
15.2 Home of the Quarter, Neighborhood of the Quarter and Business of the Quarter
Attachments
15.3 Veterans' Day Celebration Update - Bob Swick
Attachments
15.4 Clearwater Housing Authority Presentation
Attachments
15.5 Nagano Exchange Program - Margo Walbolt, Cultural Affairs Manager
Attachments
Meeting Date:8/18/2008
Y 1 ,",_1
4`k ' g Work Session
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Service Awards
SUMMARY:
5 Years of Service:
David Blow Solid Waste
Willie Watts, Jr. Public Utilities
Joel Conklin Gas
Freda Dixon Parks & Recreation
10 Years of Service:
Darci Willis
Jade Weppler
Scott Yates
Mir ana Zdjelar
Thomas Wilcox
15 Years of Service:
Ronald Flanery
Richard Hughes, Jr.
Nanci Cantrell
Mark Jansen
20 Years of Service:
Patricia Rice
Mark Sena
Christina Keenan
30 Years of Service:
Vernon Packer
Public Utilities
Gas
Information Technology
Finance
Solid Waste
Police
Fire
Library
Solid Waste / Bldg. & Maint.
Library
Police
Police
Development Services
Review Approval: 1) Clerk
Cover Memo
Item # 1
Meeting Date:8/18/2008
Y 1 ,",_1
4`k ' g Work Session
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Certificates to be presented to the Leadership Development Training Program graduates.
SUMMARY:
Karen Cunkle - Audit
Joyce Hunt- Finance
Matt McCombs - Fleet
Bill Peterson - Risk
Karen Vaughan - ORLS
Review Approval: 1) Clerk
Cover Memo
Item # 2
Meeting Date:8/18/2008
Y 1 ,",_1
4`k ' g Work Session
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Leadership ICMA Performance - Rashad Young, City Manager, Dayton, Ohio and Shelli Siemer, Assistant City Manager, Allen, Texas
SUMMARY:
Review Approval: 1) Clerk
Cover Memo
Item # 3
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CITY OF CLEARWATER - PERFORMANCE MEASUREMENT PROJECT
Table of Contents
Executive Summary page 2
Background and Project Scope page 2
Project Organization page 3
Methodology & Process page 3
Summary of Observations & Recommendations page 4
Site Visit page 6
Data Analysis page 8
Organizational Observations page 8
Observation #1 Performance Measures page 9
Observation #2 Budget Process page 9
Observation #3 Strategic Planning page 9
Observation #4 Linking Performance Measurement to Strategic Planning page 10
Recommendations page 11
Recommendation #1 Formalize Performance Measurement Program page 11
Recommendation #2 Benchmarking and Comparative Analysis page 15
Recommendation #3 Survey Citizens/Customers page 15
Recommendation #4 Linking Performance to the Strategy page 15
Conclusions page 18
Appendix A page 20
Appendix B page 22
Appendix C page 24
Appendix D page 25
Appendix E page 26
Appendix F page 28
Appendix G page 29
Appendix H page 30
Appendix I page 31
Appendix J page 32
Appendix K page 33
June 2008 Page 1
CITY OF CLEARWATER - PERFORMANCE MEASUREMENT PROJECT
EXECUTIVE SUMMARY -
BACKGROUND AND PROJECT SCOPE -
As the third-largest city in the Tampa Bay metropolitan area, Clearwater has a
population of 110,000 residents and has experienced significant changes in the
community over the past ten years. The most significant impact has been the recent
implementation of the state mandated property tax reform affecting all Florida cities.
This resulted in the consolidation of internal service operations, a workforce reduction of
70 employees and reductions in city services.
In anticipation of the second round of property tax reductions, the City of Clearwater
recognized the need to review its performance measurement program for relevance and
effectiveness. Clearwater submitted a Request for Assistance to the Leadership ICMA
Consulting & Peer Assistance Program to consider working with Clearwater on this
important project.
As a result of Clearwater's request and recognition of the impact of the state mandated
property tax reductions affecting Florida cities, a Leadership ICMA (L-ICMA) Project
Team submitted a proposal to the City of Clearwater. The Project Team immediately
began working with Clearwater staff to explore a way to better prioritize service delivery,
maximize efficiencies and assess program effectiveness. The City of Clearwater
desires to have a comprehensive performance management process and system that
could become institutionalized throughout the organization.
The Project Team proposed the following approach to this project:
• Analyze current performance measures and workload indicators for the
General Fund departments of Police, Fire, Library and Parks & Recreation
• Develop key indicators by department to incorporate into the budget process
to establish base performance and guide resource allocation
• Formalize a process in which performance data can be integrated into budget
and evaluation process for city administration and key staff
The Project Team completed a four phase work plan, which resulted in a recommended
performance management system for the four General Fund departments of Police,
Fire, Library and Parks & Recreation to assist the City in making financial and resource
decisions to serve as a model for implementation throughout the organization.
June 2008 Page 2
CITY OF CLEARWATER - PERFORMANCE MEASUREMENT PROJECT
PROJECT ORGANIZATION -
Project Schedule -
The Project Team began working with Clearwater in March 2008, and is on schedule to
complete this project within four months.
The goal is to provide Clearwater with recommendations which will result in a
performance management system for the four departments under review and will assist
the City to make financial and resource decisions to serve as a model for
implementation throughout the organization.
Project Team -
The Project Team consisted of six members from diverse organizations and
communities from across the United States. Further, the Project Team members
themselves are from diverse backgrounds and have different levels of experiences and
levels in management structure. The members of the Project Team included:
Ramiro Inguanzo
David Junger
Travis Rothweiler
Shelli Siemer
Chief of Staff /Human Resources Dir. City of Miami Beach, Florida
Assistant City Manager/Public Works Dir. City of Decatur, Georgia
City Administrator
Assistant City Manager
City of Jerome, Idaho
City of Allen, Texas
City of Cedar Hill, Texas
City of Dayton, Ohio
Melissa Stephens Assistant to the City Manager
Rashad Young City Manager
Ramiro Inguanzo served as the Project Manager and was the primary point of contact
with the City of Clearwater's point of contact - Public Communications Director Doug
Matthews. The Project Team worked collectively to compile and analyze data, conduct
departmental reviews, draft the observations and recommendations and present report.
METHODOLOGY & PROCESS -
The project was organized into four phases with the work plan consisting of the
following:
• Phase 1: Background and Data Collection
• Phase 2: Analysis and Development
• Phase 3. DRAFT Review
• Phase 4: Observations and Recommendations
June 2008 Page 3
CITY OF CLEARWATER - PERFORMANCE MEASUREMENT PROJECT
SUMMARY OF OBSERVATIONS & RECOMMENDATIONS -
The City of Clearwater conducts some of the three key components that contribute to a
successful Performance Measurement Program - while there is no formal strategic plan
there is a Strategic Vision, annual budgeting and measuring data. The City's Strategic
Vision and Annual Budget are impressive documents that clearly explain the City's
vision and fiscal plan. The City's performance measurements are weak because there
is not a strong linkage or integration between the strategic vision or budgeting.
The report includes a summary of the Project Team's Organizational Observations and
Recommendations, with the detailed Performance Measurements provided in
Appendix B - E.
Summary of Observations::
• Performance Measures - The City of Clearwater's implementation of
performance measurements appear to fall short of communicating the
status of the thirteen strategic priority areas or the department's core
service areas.
• Budget Process - The performance measures included in the budget
document do not clearly relate to the strategic elements or the
departments' core service delivery accomplishments.
• Strategic Planning - The City of Clearwater has an impressive Strategic
Vision, but it is not clear the City Council is involved in an annual Strategic
Planning meeting.
• Linking Performance Measures to Strategic Planning - Clearwater's
Strategic Vision and Performance Measures processes are not fully
integrated, giving the impression they are independent processes brought
together in the budget document.
Summary of Recommendations:
• Performance Measures - The Project Team recommended specific
performance measures for the four general fund departments of Parks and
Recreation, Fire, Police, and Library.
• Benchmarking and Comparative Analysis - Using data collected and
compiled through the Florida Benchmarking Consortium, Clearwater can
assess performance against a peer set of cities in a consistent and
formalized manner and track that performance over time.
• Survey Citizens/Customers The City of Clearwater already conducts
citizens/customer surveys and should continue to do so on both a citywide
basis and a specific program basis.
June 2008 Page 4
CITY OF CLEARWATER - PERFORMANCE MEASUREMENT PROJECT
• Linking Performance to Strategy - Departments should include
performance measures that measure how effective they are providing core
service delivery as well as those that tie into a strategic plan that supports
the overall City Vision.
The City of Clearwater is not far from achieving an excellent performance measurement
program. With more emphasis and a heightened level of importance placed on
measuring the right data, performance measurements will become a powerful tool to
base resource allocation decisions to ensure the organization is moving toward
achieving its strategic objectives. The results of a strong Performance Measurement
Program will promote greater accountability and transparency with citizens.
June 2008 Page 5
CITY OF CLEARWATER - PERFORMANCE MEASUREMENT PROJECT
SITE VISIT -
The Project Team conducted an initial site visit to the City of Clearwater on March 6 and
7, 2008. Members of the Project Team on the site visit included Ramiro Inguanzo,
David Junger, Travis Rothweiler, Melissa Stephens, and Rashad Young.
The site visit included an initial meeting and discussion with City Manager Bill Horne
who provided an overview of how the City's priorities and focus have evolved over time.
There has been a tremendous focus on economic development and redevelopment that
began in 1998. As a result, the beach area and downtown have been transformed and
have become stronger community anchors.
The Project Team also participated in meetings with Jill Silverboard, Assistant City
Manager; Tina Wilson, Budget Director; Doug Mathews, Public Communications
Director; Barbara Pickell, Finance Director; Robin Gomez, City Auditor; as well as staff
from the Police, Fire, Parks and Recreation Departments and the Library System.
The site visits were informing and were invaluable in helping frame the issues that the
City of Clearwater is facing. The site visit also served to clarify and affirm what City
leadership expects from this project. Some of the key points and expectations
described to the Project Team included the following:
• City leaders anticipate and expect some institutional resistance to this shift in
focus to performance management.
• Performance measures should drill down to those things that are most important
from a program and/or service delivery perspective.
• There are tremendous financial pressures the City is facing with a potential $7M
general fund reduction.
• In considering the sustainability of the performance management effort, the City
Manager has assembled a team to champion this effort. They will be responsible
for guiding and managing the process.
The meetings held with the senior staff of the four departments under review (Fire,
Police, Parks and Recreation, and Library) provided an overall understanding of the
organization, service delivery responsibilities, and priorities of these general fund
agencies.
Clearwater Fire Department
The Fire Department is divided into three divisions: Operations, Fire Prevention
Services, and Support Services. There are 212 fire fighting, emergency medical
services, management staff and support staff full-time positions allocated to the
Department that serves a fire district with a total area of forty-two and a half
square miles. The Department has eight fire stations strategically located
June 2008 r Page 6 - -
CITY OF CLEARWATER - PERFORMANCE MEASUREMENT PROJECT
throughout the community to provide non-emergency and emergency response
services. There are two double companies and six rescue units that are included
in the front line service system. The Department responds to an average of 100
fires per year. The Department completed a Master Plan in 2004 and is currently
updating the plan.
Clearwater Library System
The Clearwater Library System provides an extensive variety of services,
collections and programs to meet the needs of Clearwater residents and
businesses. Presently, a total of 88.4 full-time equivalent positions provide
support to over 65,000 active cardholders with circulation of 1.1 million items
annually. Additionally, the Clearwater Librarians provide reference and research
help to the general public, answering over 400,000 reference questions each
year.
The City of Clearwater Library has a collection of over 500,000 items with a
comprehensive website. The website provides access to many library services
including adult and children's programs.
In addition to print books and periodicals, the Clearwater libraries have a wide
array of other media including music CDs, computer software, movies on video
tape, and DVD, as well as facilities to access the Internet.
The Clearwater Library system also provides other services, such as community
meeting rooms, storytelling for infants, toddlers, and children. The Library
system provides after-school programs in person and on-line programs for
homework help, language learning and other community service programs are
common offerings.
Clearwater Parks and Recreation Department
The Parks and Recreation Department consists of 250 full-time and part-time
employees, 150 professional contract employees, 136 umpires, referees and
officials, 105 event support staff and 1,230 volunteers representing a budget of
$21.9 million. The Department is divided into Administration, Recreation
Programming and Parks and Beautification.
The Department has business plans for each of the recreation centers and
specialty facilities and also has a master plan for each of the following: bicycle
paths, aging-well programs, recreation, and cultural programs. In order to solicit
feedback from their customers, the Department conducts secret shopper
programs, surveys, and focus groups.
June 2008 Page 7
CITY OF CLEARWATER - PERFORMANCE MEASUREMENT PROJECT
Clearwater Police Department
The Clearwater Police department consists of 28 programs organized into 5
divisions. The operation currently consists of 406.6 full-time equivalent (FTE)
positions supporting numerous divisions and serving many community-policing
programs. The General Fund supports 393.9 FTEs and grants or other funding
support 11.7 positions.
The Clearwater Police Department has developed and implemented the high
standards and professionalism needed to reach accredited status and was
initially accredited by the Commission for Florida Law Enforcement Accreditation
in May 1998. The Clearwater Police Department has continued to maintain or
exceed these standards and was reaccredited in 2001, 2004 and 2007. This
status helps achieve a high quality service and citizen satisfaction by providing a
safe and secure city.
DATA ANALYSIS
In addition to the interviews conducted during the site visit, the Project Team reviewed
current performance measurement processes employed by the four departments under
review and determined whether these systems were consistent with the City Council's
Vision Elements and Priorities shown in Appendix A. The team researched other
organizations with similar demographics, fiscal resources and those that are viewed as
leaders in their respective disciplines.
The Project Team also reviewed many data sources which the City of Clearwater either
made available upon request or was available via the City website. Such documents
include but are not limited to the City of Clearwater budget, organizational chart, Library
Strategic Plan, Library Work Plan, customer satisfaction survey, crime statistics, police
and library citizen survey.
ORGANIZATIONAL OBSERVATIONS
Our analysis of the various data, research of best practice examples, and field
interviews have resulted in a number of organizational observations and conclusions.
These observations form the basis of the recommendations offered in the subsequent
section of this report.
An important aspect to a successful Performance Measurement program is for an
organization to have a clear and distinctive link to the budgeting and strategic planning
processes. Although each process has its own specific purpose, the three should be
interdependent. If the organization does not use them as building blocks there will be a
clear disconnect.
June 2008 Page 8
CITY OF CLEARWATER - PERFORMANCE MEASUREMENT PROJECT
As stated in the 2006 Clearwater, Florida "City Vision & Performance Measures"
document, performance measures help translate the city's mission and vision into
tangible objectives. The core purpose of measuring performance is to determine if all
desired outcomes are being achieved. The measures also provide insight into the
effectiveness and efficiency of departments and programs.
It is clear that the City values the importance of a Performance Measurement program
and Clearwater has all three processes in place - strategic visioning, annual budgeting,
and measuring performance data, but there is not a strong linkage or integration
between the three.
Observation #1- Performance Measures
If used properly, performance measurement data can be a dynamic tool to assist an
organization in continuous improvement by reviewing resource allocation to ensure the
organization is moving toward achieving its strategic objectives. Many organizations
implement a formal performance measurement program to promote greater
accountability and transparency with its citizens.
The City of Clearwater's implementation of performance measurements appear to fall
short of both communicating the full scope of the thirteen strategic priority areas and do
not clearly tie back to each of the departments where the work is originated.
Observation #2 - Budget Process
The City of Clearwater develops an Annual Operating Budget for each fiscal year
starting on October 1st to September 30t". This process follows a very traditional path
where the City Manager provides guidance on how the economic conditions will
translate into budget assumptions and his expectations to department directors on how
to develop their individual department budgets.
The budget document dedicates an entire section titled "City Vision and Performance
Measures" to highlight each accomplishment under the six strategic elements and the
Key Performance Measures related to the thirteen priority initiatives. However, the
actual measurements do not give the full picture of either accomplishments relative to
the strategic elements or the departments' core service delivery accomplishments and
the relationship between the two.
Observation #3 - Strategic Planniin
In 2005, the City of Clearwater developed a 20-year strategic vision, developed by the
City Council with input from the community. The Strategic Vision, along with the listing
of annual accomplishments is an impressive document.
It is not clear to the Project Team if the City of Clearwater engages the City Council in
an annual strategic planning meeting to determine whether the City is on target or
whether the Vision document needs some refinements.
June 2008 Page 9
CITY OF CLEARWATER - PERFORMANCE MEASUREMENT PROJECT
simply need to tie their data to the strategic objectives and report it. Good performance
measures do not require a department to collect and measure new data.
There is an impressive list of specific project accomplishments in the City Vision &
Performance Measures report. One of the 2008 projects was identified as "Relocate the
Beach Branch Library to the Beach Recreation Center to maintain a library presence
within walk-able distance of most residents of the Clearwater Beach community." On a
basic level, the strategic goal will be achieved once the relocation has been completed
and the performance indicator is whether the project was on time and on budget.
Taking the performance indication a step further includes an analysis of whether the
Library is achieving the intended goals of creating "community." This would require the
department to track the number of library patrons from the immediate beach residential
community vs. other areas of Clearwater and their customer satisfaction levels.
The integration typically takes on a cascading approach where the Strategic Vision
provides the broad, policy related goals is should then lead to the development of a
strategic plan with performance measures that report back whether or not the objectives
are being accomplished to support the goals. The first is typically a very high level,
vision related document, while the second much more specific detailed data.
RECOMMENDATIONS
RECOMMENDATION #1-- Formalize the Performance Measurement Program
The principal deliverable of this project was to develop performance measures for the
four general fund departments of Parks and Recreation, Fire, Police, and Library. The
recommended measures for each department are given in Appendix B - E. The
measures developed are a mix between efficiency measures, workload indicators, and
outcome measures. This mix will allow the City of Clearwater to assess performance
for its departments that are consistent with the strategic priorities endorsed by City
Council as well as help focus the organization on productivity and overall cost of
service.
1.1. Assign Performance Coordinators
Prior to identifying a performance measurement team with departmental coordinators,
clear expectations should be established by the City Manager on the importance of
each department fully engaging in the performance measurement program.
Each department should fix the accountability for performance management to a
specific position within the department. This work could be assigned to an existing staff
member and made an additional responsibility. The position responsible for
coordinating performance data must have access to all areas and information
repositories within the department so that the incumbent can easily and routinely access
June 2008 Page II
CITY OF CLEARWATER - PERFORMANCE MEASUREMENT PROJECT
or require the submission of information from the various divisions within the
department.
1.2. Determine data availability
The measures selected and recommended for each department are a result of the
Project Team's analysis of current organizational functions and responsibilities as well
as the research results of what other cities measure that provides similar services. The
measures also represent the Project Team's understanding of departmental priorities
and the broad strategic objectives that the City of Clearwater has identified. The City
will need to determine what data readily exists and what data can be manipulated to
support the ability to report on the measures that have been recommended. In some
cases, technology may need to be enhanced or manual processes will have to be
evaluated in order to produce the data necessary to inform the measures that have
been suggested. The performance management system, to be meaningful and useful,
must be easy to use which means the data must be readily accessible and easy to
report.
1.3 Use standard formats and templates to
report performance data
The performance measures recommended for
each department are presented in a consistent
format. The template developed and used for
reporting on each measure is flexible enough
to allow for quarterly assessments as well as
an annual tabulation. Each measure may not
require a quarterly reporting figure but may
only require a final or annual tabulation. The
template also provides for an overall target to
be identified prior to the start of the year under
review as to establish a firm target or goal for
the department to achieve relative to the
measure identified. Finally, each set of
performance measures tie back to a
"Performance Priority" which establishes the
goal for which the measures support. The
"Performance Priority" relates to a strategic
priority as established and adopted by the City
Council in its vision document.
This regular scheduled, standard reporting
process will allow for the data to become an
integral part of the budget and strategic
planning processes.
eaiwater is a Wonderf6i Place to
lay It offers a variety o`f Cultural
and Recreational Offerings, '
P'? rmance Pr?ori,ty:,;_
!,offer diverse recreational programs
that are cost effective
Performance Measure:
16_ Nuo*er of children registered in
summer.programs .
17- Nu!nl er. of students parlicipatiriq,
in cultural arts programs
18. Percent of participants in
recreation programming that rate
the programs as good or
,gxcpJlent', , .
June 2008 Page 12
CITY OF CLEARWATER - PERFORMANCE MEASUREMENT PROJECT
1.4 Fire Department Measures
There are eighteen recommended measures for the Fire Department that spans
three performance priorities. Those performance priorities focus on the areas of fire
emergency services, prevention and inspection, and fiscal administration and
maintenance.
The Fire Department indicated that they had a very rigorous performance
measurement system in place some years ago but now the system is more
situational. They currently track information related to total fire loss, fire fatalities,
and head counts (# of fire fighters available for work). The Department also
indicated that they pay particular attention to call volume and training hours provided
to sworn members by shift by station.
The recommended measures reflect the operational priorities articulated by the Fire
Command staff and support the strategic elements and priorities contained in the
City's vision document. To support the work that the operations division is
responsible for measures have been developed that focus on what can be
considered as traditional measures of calls for service, civilian injuries and deaths,
and property loss. Clearwater Fire Department also has a contractual agreement
with Pinellas County to provide fire and EMS response. As we have recommended
measures that track response time we also have included a measure to specifically
track the response time to calls from Pinellas County as there is a specific criterion
listed in the contract between the City and the County. We also have
recommended a measure that focuses on continuing education hours taken by
sworn personnel to reflect the chief's priority of keeping the staff up to date on
training. As the priorities for fire prevention include supporting a customer focused
and responsive permitting system, we have recommended measures that track the
turnaround time for plan review. Finally, because of the need to reduce overtime
costs and manage the overall cost of service we have recommended measures that
address the cost per call for EMS service as well as those that track overtime
expenditures and units in service.
1.5 Library Department Measures
In view of the budgetary constraints facing the City of Clearwater, the public libraries
are closely monitoring their operational efficiency and library managers are seeking
better methods in allocating limited resources among the library branches.
The Clearwater Public Library System recognized early the importance of having a
new strategic plan which addresses the potential need for budget reductions. In
addition to having a strategic plan to insure that the library will continue to strengthen
in priority areas, it is equally critical to have performance measures which provide
feedback from library customers on the effectiveness of the Clearwater Library's
programming efforts, to help guide future programming and resources.
June 2008 Page 13
CITY OF CLEARWATER - PERFORMANCE MEASUREMENT PROJECT
A traditional measure for libraries for many years was size. How many books were
held, how many people were served, and how much money was spent were all ways
to determine if a library was successful. While the Project Team has recommended
some of those traditional measures, there is a focus on looking at how well libraries
serve their users and how well libraries manage their resources.
It is also important to note that there are no appendices providing benchmark data
for the library system as there are for the other departments under review. That
comparative data was not available to the Project Team as the Florida Benchmark
Consortium does not collect library information.
1.6 Parks and Recreation Department Measures
There are thirteen recommended measures for the Parks and Recreation
Department. The measures support the two main performance priorities of providing
active and passive green space and diverse recreational programs to the citizens of
Clearwater.
The Parks and Recreation Department had at one time a robust data collection
system that they used to develop and track performance measures. The key
indicators they typically tracked included number of programs and program
participants, and revenues. They also instituted a secret shopper program and
conducted general surveys of users to solicit feedback.
The recommended measures emphasize the utilization and quality of programs
offered through the recreation division and the efficiency related to the maintenance
of parks. To be meaningful and useful, the department will have to continue and
perhaps enhance the use of surveys to gauge the perception of users as it relates to
the quality of the programs provided. These survey instruments are a very important
way to assess the quality of program delivery. Coupled with the measures that track
volume of participants, the department can begin to form perspective as to the value
of programs offered relative to cost.
1.7 Police Department Measures
There are twenty recommended measures for the Police Department that span four
performance priorities. The performance priorities for the police department focus
on perceptions of safety amongst residents, visitors, and businesses of Clearwater;
crime occurrences; and enforcement workload.
The Clearwater Police Department is one of many stakeholders that share
responsibility for the public's safety and security. Measuring whether community
members feel safe can be accomplished in many ways. One method that has
produced valuable feedback is through the use of community surveys. In order for
survey data to be an effective measure, time must be taken to ensure that all
sections of the community are offered the opportunity to provide feedback. The
police department's resource allocation must recognize the importance of measuring
June 2008 Page 14
CITY OF CLEARWATER - PERFORMANCE MEASUREMENT PROJECT
the community perception of crime and safety and then take steps to address those
concerns. An effective tool, which can assist in maintaining a finger on the pulse of
the community are through the use of community advisory boards. These boards
can play an important role in acting as liaisons between the police department and
the neighborhoods they served. These same boards can also provide valuable
feedback on real versus perceived crime trends.
RECOMMENDATION #2 - Benchmarkin and Com arative Anal sis
Appendix F - H provide benchmarks for selected measures against a peer set of
cities. Clearwater, as a part of a comprehensive performance measurement system,
should regularly and routinely assess its performance in workload and efficiency
measures against its peer group. We have recommended six cities in Florida based
on geographical proximity or population size as the comparative peer set. They
include Tampa, St. Petersburg, Gainesville, Cape Coral, Coral Springs, and
Lakeland. Using data collected and compiled through the Florida Benchmarking
Consortium, Clearwater can assess performance against a peer set of cities in a
consistent and formalized manner and track that performance over time.
The selection of specific targets for a comparative purpose is left to City leadership
to determine based on actual performance of the departments relative to the
measures selected. City administration should select targets that reasonably stretch
the departments' current performance using the comparative graphs in Appendix F
- H as a basis for determination.
RECOMMENDATION #3 - Survev Citizens/Customers
An important component to truly measuring an organization's performance is by
knowing and understanding what the customers think about services. Clearwater
already conducts citizens surveys, with the most recent comprehensive customer
satisfaction survey completed in 2006. In addition to an overall citizen survey, many
of the departments conduct targeted surveys to obtain specific program related
feedback. In fact, the Parks & Recreation Department even takes it a step further
with their Secret Shopper program to truly evaluate customer service. These
targeted surveys shouldn't be limited to program specific feedback. The Police
Department could also survey their service levels by targeting their advisory
committee members for feedback. Regardless of the method, surveying customers
should be used for each department as a critical component to the performance
measurement program.
RECOMMENDATION #4 - Linking Performance to the Strate
As a result of the City Council's overall vision and priorities as identified, each
department should provide detail on how to further those priorities and to determine
whether or not their core operations have a role in achieving that objective. In an
ideal situation, each department develops individual strategic plans that reflects the
June 2008 Page 15
CITY OF CLEARWATER - PERFORMANCE MEASUREMENT PROJECT
City's overall vision and while incorporating and communicating specific core
operational goals and objectives.
The City Council's annual strategic vision. reflects broad, long-range goals. This
should be further refined into a city wide strategic plan. Then, department specific
strategic plans should reflect specific objectives and tasks related to their core
service delivery goals. These, in turn, cascade into performance measures that will
be more specific to the department to assist in determining whether or not the
outcomes are meeting the intended goal. Departments should include performance
measures that measure how effective they are providing core service delivery as
well as those that tie into the overall Strategic Vision and strategic plan.
Although it is not difficult in concept, it may be more difficult to implement when
working with each department, especially if there is a perception that only negative
consequences come out of reporting performance data.
4.1 Establish Organizational Ground Rules
Organizational ground rules would serve to squash misperceptions about the use of
the performance measurement system as potentially one to punish but rather
reaffirm the organization's commitment to high performance and creating a culture of
continuous improvement.
We recommend the following ground rules:
Performance Measurement data will not be used against people, but
rather to make policy/budget decisions
• Strive to learn and continuously improve or "raise the bar"
• Use data to justify budget requests and demonstrate accountability
In order to practice the ground rules, it is important for the senior managers to
develop a culture where performance results should be an attitude that is rewarded
for measuring the right data and making a conscious effort to improve rather than
implementing negative consequences for not meeting performance targets. The
expectation of senior staff should be to actively support and participate in the
development of the performance measurement concept in order to achieve
continuous improvement.
4.2 Integration
As important as the measures are and the benchmarking of performance, the
linkage between vision, strategy, and measures is even more critical. To achieve
this integration, we recommend a task force be developed to work towards the full
integration of the Strategic Vision, yet to be defined strategic plan, the Performance
Measures and the Annual Operating Budget. The task force should challenge the
June 2008 Page 16
CITY OF CLEARWATER - PERFORMANCE MEASUREMENT PROJECT
departments with identifying the right measures and projects with the related
strategic priority.
This task force should be coordinated in conjunction with the Performance
Measurement Program team with the same central point of contact, either a staff
member from the City Manager's Office or from the budget office, to ensure the
program is on track.
4.3 Budget Process
In addition, the Strategic Vision and plan/Performance Measurement development
and reporting should be incorporated into the annual budget calendar and include
regular quarterly status reports. The quarterly staff reports serve to encourage the
use of the performance data to make management decisions or make mid course
corrections in operations if necessary.
The integration of the performance measurement system into the budget process
should be institutionalized by creating a central point in the organization to collect,
help assess, and report on the measurement system. The Budget Department
should serve in this role. Performance Measures can sometimes be hard to identify,
and exploring options for Departments to consider as their benchmarks can be hard
tasked and sometimes arduous. This central control not only serves as the driver of
the performance measurement initiative, but also as the support system to back
departments as they struggle to identify their goals through the performance
measurement system.
The Budget process is also an opportunity to come together as a staff team, and
develop goals for the next year. Each department should be responsible for their
measures and their successes, but the central control can help to ensure
consistency in how things are measured and what is a valid performance measure.
The education portion of this process may be long, but eventually with some
consistency in staff, the departments will develop and begin to maintain accurate
performance measurement data. Then, at this point, the central control can begin to
simply serve more as a resource for when departments are in need.
In the end, City departments and employees are in one way or another, working to
benefit the community. If this end goal is in mind, performance measures will
become successful and eventually, everyone will see the benefits from measuring
department status and performance. Once these things are established, the
performance measurement document will serve as a communication piece for the
community, City Council and Staff to have a firm understanding of what the mission,
vision and goals for the City are.
June 2008 Page 17
CITY OF CLEARWATER - PERFORMANCE MEASUREMENT PROJECT
CONCLUSION
Like all local governments, the City of Clearwater's primary duties and services revolve
around its customers. Throughout the community, the City has developed a reputation
for providing effective, responsive, quality municipal services to residents, businesses
and visitors it serves. The City of Clearwater has a track record of providing services
above and beyond its customers' expectations and finds effective solutions to problems
that are brought to their attention. Implementing a comprehensive performance
measurement system will allow the City of Clearwater to determine the appropriate
levels of service designed to maintain its customer's level of satisfaction and improve
upon the services delivery techniques.
A comprehensive performance measurement system will allow the City of Clearwater to
track how efficiently and effectively it delivers services to its citizens. In order for
performance to improve, it must be measured. Measuring performance allows an
organization to find innovative strategies designed to enhance programs to meet
customer's expectations. Additionally, measuring performance allows an organization
to determine if changes in practice and policies are necessary.
In summary, Clearwater's performance measurement system should:
• Provide insights into the customer's expectations
• Determine the quality and quantity of the service provided
• Set performance standards, establish benchmarks and develop appropriate
measurement tools
• Evaluate outcomes, recognize accomplishments and celebrate successes, and
develop strategies to elevate levels in areas that fall short of expectations.
Communicate with customers regarding satisfaction ratings and changes to
programs and projects to meet the ever-changing demands for better services
Developing a performance management program is simply to take an inventory of
current services and opinions of those receiving city services. Once collected and
gathered, the performance results are analyzed, specific target levels are identified and
benchmarks are developed. Lastly, internal policies are enacted and structures are put
in place to continually track performance and to receive customer feedback. In addition,
customers are provided feedback regarding changes to services based on their
comments and suggestions.
Implementing a performance measurement system starts at the top of Clearwater's
organization. The leadership must start by defining the purpose for developing a
performance measurement program, as well as the desired level of outcomes. Simply
June 2008 Page 18
CITY OF CLEARWATER - PERFORMANCE MEASUREMENT PROJECT
- why are we doing it and how will we use it? A clear statement of purpose will allow
the right system to be design and implemented uniformly across the organization.
The results of the performance measurement system will yield information that can be
directly applied to service delivery methods and performance benchmarking. Once an
organization understands its current customer satisfaction status, Clearwater will be
able to determine the target levels and performance measures needed to meet the
expectations of its customers.
Appendix I-J offer a draft schedule for implementing this new performance management
framework. It establishes a schedule and timetable for developing the strategic plan
and the associated departmental workplans, the adoption of performance measures,
and updating the plan in concert with the City's budget cycle. This implementation
schedule contemplates a twenty four month cycle to allow the city the time to organize,
commit resources, and institutionalize the process.
Establishing an organization-wide strategic plan, along with the documentation of the
goals, objectives, and action plans will propel the City of Clearwater toward its vision.
As the city's leadership works toward achieving measurable progress against stated
goals and objectives, ongoing assessment and communication will be critical to
ensuring collective buy-in. In the end, the people who live, work, and care for the city
know best and their dedication to ongoing improvement will override barriers to change
that may present themselves along the way.
June 2008 Page 19
Appendix A
Vision and Mission Statement
Vision Statement
"Sparkling Clearwater is a uniquely beautiful and vibrant waterfront community that is
socially and economically diverse, that reinvests in itself and is a wonderful place to live,
learn, work and play."
Mission Statement
"The Mission of the City of Clearwater is to provide cost effective municipal services and
infrastructure necessary for a high quality of life for all our citizens."
As part of the Council's visioning exercise, thirteen priority initiatives were developed in
support of the adopted vision statement. Each of these was carefully defined to best
address the issues seen as critical to promoting the specific initiative. Since it is difficult
to build a focus around thirteen related, but distinct priorities, a framework was created
to reference the priorities back to the City's official vision statement. The Council
adopted these elements on February 2, 2006.
City Council Elements & Priorities
Clearwater is a Wonderful Place to Live
It has:
• A Safe, Clean, Green Environment
• Safe, Comfortable, Walkable Neighborhoods
• Well Maintained Housing Stock in all Markets
Clearwater is a Wonderful Place to Learn
It provides its citizens with:
• High Quality Education
Clearwater is a Wonderful Place to Work
It seeks:
• Economic Vitality and Reinvestment
• Diverse, High-Paying Jobs
Clearwater is a Wonderful Place to Play
It offers:
A Variety of Cultural and Recreational Offerings
Page 20
Mission and Vision Statement Cont.
Clearwater Provides the Infrastructure to Support all of its Attributes
To ensure that the City remains a great place to live, learn, work and play,
Clearwater invests in:
• Well Maintained Infrastructure
• Efficient, Responsive City Services
• Efficient Transportation Systems
• Communication
Clearwater included Special Places that belong to Everyone in the Community
Two Places in Clearwater are especially important to all its Citizens:
• A Quality Beach Environment
• A Vibrant Downtown that's Mindful of its Heritage
Page 21
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Meeting Date:8/18/2008
4`k ' g Work Session
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Authorize the transfer of $364,299 from the Special Programs Fund - Project 99877 (Building Code Enforcement Surplus) to the
General Fund to cover deficits in revenues over expenses for FY07 and to make a correction to the amount calculated in FY06.
(consent)
SUMMARY:
Senate Bill 442 states that local governments may provide a schedule of reasonable fees for enforcing Florida Building Codes. It further
states that the total estimated annual revenue derived from the fees, fines and investment earnings related to the fees, may not exceed the
total estimated annual costs of allowable activities and that any unexpended balances shall be carried forward to future years for
allowable activities or shall be refunded at the discretion of the local government.
Fiscal year 2006 was the first year of implementation of Senate Bill 442. The City did a calculation and determined, at the time, that
there was $482,818 of excess fees collected over the actual expenditures. In FY06, costs related to building code enforcement were
accounted for in the same cost center with costs not directly related to building code enforcement. Starting in FY07, the costs were
isolated into a separate cost center to provide for better accounting of these costs. In reviewing the expenses for FY07, we reviewed the
methodology for FY06 and it was determined that an additional $101,757 in expenses should have been properly allocated to SB 442
(making the excess fees collected in FY06 to be $381,061). We are requesting this adjustment as part of this agenda item.
In Fiscal year 2007, the revenues collected were $2,793,113 compared to expenses of $3,055,655, a deficit of $262,542. The following
shows the calculation of the requested transfer.
Fund 181 Balance after transfer for FY06 $482,818
Adjustment requested
FY06 Adjustments ($101,757)
FY07 Deficit ($262,542)
Total ($364,299)
Fund 181 Balance after Transfer for FY07 $118,519
This balance can be used to fund the costs of enforcing the building code in future years when expenses exceed revenues. In any year
that revenues exceed costs, the excess revenues will be transferred to this project for use in future years.
The amount of fees collected is dependent on a number of variables and will vary from year to year, largely as a result of the volume of
development activity taking place. Carrying any unused balance over from years with high levels of activity will help the city maintain
its level of service without subsidizing the program from the General Fund in less active years. Below shows the total revenues and
expenses related to SB442 and the related surplus/(deficit).
Year Revenues Expenses (Deficit)/Surplus
2006 $3,257,677 $2,876,616 $381,061
2007 $2,793,113 $3,054,916 ($262,542)
Balance $118,519
By keeping the funds in a Special Programs Fund, the city is better able to account for any surplus and use the money to enforce Florida
building codes in future years. It will also continue to provide an effective tool for evaluation and adjustment of permit fees over time.
The last permit rate increase was 2003. The Council approved an expiration fee in 2005. The fee did not go into effect until FY06 and
is part of our 322111-revenue code.
This calculation will be done annually and the needed transfers, either from the General Fund to the Special Programs qqwdwrose
versa will be brought forward for Council action.
Item # 4
Review Approval: 1) Office of Management and Budget 2) Legal 3) Clerk 4) Assistant City Manager 5) Clerk 6) City Manager 7) Clerk
Cover Memo
Item # 4
Bill 442
1430 FY07 Expenditures FY6 Expenditures
Salaries 1,289,890 1,258,223
Benefits 429,613 361,577
Total Personal Services 1,719,503 1,619,800
FY07 Expenditures FY6 Expenditures
530100 Professional Services
530300 Other Contractual Serv 210,133 179,653
530400 Lot Mowing
542500 Postage 138 AttachrApp.
543000 Document Recording 210 Page 1 of 2
543900 Other Refunds 78,792
544100 Equipt Rental 7,267
546100 Ofc Equip Svc & Repair 1,078
546200 Other Equip Svc & Repair
547100 Uniforms-Employee 4,202 2,881
547200 Travel Expense-Emp 7,510 12,139
547300 Mileage Reimbursement 412
547400 Meals-Employee 281
548000 Other Services Or Charges 14,588 13,045
550100 Office Supplies 5,780 9,127
550400 Operating Supplies & Matls 15,511 13,102
552000 $1000-5000 Computer Softwar
552500 $1000-5000 Mach & Equip 3,300
557100 Memberships/Subs/Lic Emp 4,731 4,887
557200 Officl Recognition-Emp 580
557300 Training & Ref Employee 17,346 14,497
Total Other Operating 371,859 249,727
540100 Garage Services 64,879 60,053
540200 Doc Repro & Print Shop Svc 6,645 4,163
540300 Telephone Service Variable 7,032 6,414
540400 Messenger Service 1,137 775
540500 Radio Svc-Fixed 6,840
540600 Telephone Svc Fixed 8,325 7,938
540700 Postal Service 12,605 12,426
540800 Bldg Svcs-Fixed 33,792 33,887
540900 Risk Mgmt Service 6,800 5,769
541000 Info Technology Charge 147,649 139,149
541500 Garage Variable 4,666 2,834
541600 Bldg & Maint-Variable - 2,427
542000 Employee Benefits-Fixed 4,800 3,169
Total Internal Services 305,171 279,004
564000 >$5,000 Machinery & Equip
565800 Cost Matl & Services
Capital Items
591600 Debt Service Transfer-L/P 10,582 3,681
Total Debt Service 10,582 3,681
Planning & Development Total 2,407,114 2,152,212
1432 Code Enforcement FY07 Expenditures FY6 Expenditures
Total Personal Services 106,704 106,944
Total Other Operating 4,372 8,131
Total Internal Services 17,271 17,967
Code Enforcement Total 128,347 133,042
1445 Neighborhood Services FY07 Expenditures FY6 Expenditures
Total Personal Services 22,753 21,350
Total Other Operating 2,575 5,416
Total Internal Services 3,649 2,279
Neighborhood Services Total 28,977 29,045
Q`)11 (`ih, riAnnonnr'c nffinn CVn7 Cvr?nnrl i4rnc CVR Cvr?nnrl i4rnc
mber 1
Bill 442
Total Personal Services 134,444 91,488
Planning Total 134,444 91,488
1313 Engineering FY07 Expenditures FY6 Expenditures
Total Personal Services 285,820 319,176
Engineering Total 285,820 319,176
MSB & Garage Depreciation 31,231 24,821
MSB Garage Maintenance 2,624 2,624
Tidemark - 2,138
Indirect Svc Chg 17,442
Page 2 of 2
Total Expenses 3,055,655 2,876,614
Revenue #322108 for FY07 2,690,911 3,189,777
Revenue #322111 for FY07 61,426 47,400
Interest Revenue 40,776 20,500
Difference 262,542 (381,061%
Prior Year excess revenue (381,061)
Current Year Overage/(shortage) 262,542
Net PY/CY (118,519)
Amount for Reporting purposes (118,519)
mber 1
Meeting Date:8/18/2008
Y 1 ,",_1
4`k ' g Work Session
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Declare salvaged materials from the East and Marshall Street WPC facilities surplus to the needs of the City and ratify and confirm the
sale. (consent)
SUMMARY:
Seven stainless steel grit units were removed during construction at the East and Marshall Street Advanced Water Pollution Control
Facilities as part of the Headworks Construction Project.
Salvage rights were negotiated during the contract startup process. The contract, as approved by City Council did not address the sale of
salvage. Salvage rights were negotiated with the Contractor during the construction startup process.
The construction contractor utilized a crane during the project and was willing to load salvage materials onto City trucks at no
additional cost to the City.
Public Utilities was unable to unload or to reload the trucks at their yards without renting a crane or cutting the grit units into smaller
pieces to allow time for declaration of Surplus and for sale. Public Utilities obtained 4 quotes from local salvage firms; then sold and
delivered the materials to the highest bidder. Weight tickets confirmed 22,080 pounds @ $0.75/lb. Net $16,560.
Materials were sold to Onesteel Recycling, Clearwater, Florida.
Type: Other
Current Year Budget?: No
Budget Adjustment:
No
Budget Adjustment Comments:
Current Year Cost: Revenue
Not to Exceed:
For Fiscal Year: to
Annual Operating Cost:
Total Cost:
Appropriation Code Amount Appropriation Comment
0421-00000-364413-000- $16,560 Revenue
000-0000
Bid Required?: No Bid Number:
Other Bid / Contract: Bid Exceptions: Other
Review Approval: 1) Office of Management and Budget 2) Legal 3) Clerk 4) Assistant City Manager 5) Clerk 6) City Manager 7) Clerk
Cover Memo
Item # 5
Meeting Date:8/18/2008
4`k ' g Work Session
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Presentation and discussion on the Downtown Boat Slips Marketing and Boat Slip Lottery Process (WSO)
SUMMARY:
The Downtown Boat Slips project was approved at referendum on March 13, 2007. Since that time, staff has been working diligently
on the preliminary design, permitting and financing of the project. The Council awarded a Design Build Contract for the Downtown
Boat Slips project to Misener Marine Construction, Inc on April 17, 2008. At this time, it is estimated that the Boat Slips will be open
for operation on July 1, 2009. This presentation outlines the City's plans for marketing and conducting the lottery for the Boat Slips.
Major items included in this presentation:
City staff will be involved in 3 events to market the Boat Slips
• August 9, 2008 - National Marina Day - Clearwater Beach Marina
• September 5 - 7, 2008 - Tampa Boat Show
• December 4-7, 2008 - St. Petersburg Boat Show and Strictly Sail
There are currently more than 500 individuals on the interest list. Staff will be mailing applications to those on the list as well as any
other interested party.
Public Communications will be involved in advertising both the recreational and overnight slips. I have included a copy of a brochure
produced for this purpose.
The Marina has obtained a new website address (not yet operational)
www.MyClearwaterMalina.com
Staff is currently working with our software vendor to permit on-line reservations.
Current Timeline:
August - December, 2008: Events/Advertising/Application to "interest list"
January 30, 2009: Cutoff for lottery registration
February, 2009: Staff complete verification of resident vs. non-resident
March 14, 2009: Lottery at Harborview Center
July 1, 2009: Estimated opening of Boat Slips
The referendum for the boat slips required that residents of Clearwater be given first priority for the Boat Slips. An applicant will be
considered a resident if they are domiciled within the Clearwater city limits and can provide evidence of this domicile. Evidence would
include either his/her homestead exemption for property within the City limits, or if a tenant, a copy of his/her current lease agreement
for property within the City limits.
Cover Memo
Two separate lists will be compiled from the applications received. One will be for those applicants who are domicile ftti* 9 Oe
Clearwater city limits (resident list) and one for those not domiciled within the Clearwater city limits (non-resident list). The resident
list will get first priority for the slips. If there are still slips available after exhausting the resident lists, we will then proceed to the non-
resident list. Internal Audit will be involved in producing the random order priority for each list.
An applicant or their named representative must be present at the lottery to get a slip.
A $500 deposit must accompany each application for a slip.
Deposit will be forfeited in not present at the lottery or if they decline an appropriate slip.
Deposit will be applied to the first and last months rent with the remaining balance due at the lottery.
If applicant is not selected for a slip - applicant will have the option of a full refund of the $500 or a refund of $400 with the remaining
$100 as a fee to stay on the wait list (wait list will be in the random generated order).
Staff is currently working on the procedures and application form to use for the lottery. A draft is attached to this agenda item.
Review Approval: 1) Office of Management and Budget 2) Legal 3) Clerk 4) Assistant City Manager 5) Clerk 6) City Manager 7) Clerk
Cover Memo
Item # 6
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Attachment number 2
Dock Your Boat in
• F
Pull your boat into one of the new Downtown Clearwater Boat Slips and enjoy these great amenities:
• Access to the newly renovated Cleveland Street • Parking
District that includes shops, restaurants and • 129 to 140 recreational boat slips
entertainment • Over 1,700 feet of overnight "side-tie" mooring
• Floating concrete dock for visitors
• 24-Hour Security • Over 800 feet of free "side-tie" mooring for
• Restrooms and showers daytime visits and special events
• Laundry facilities • Convenient access to Gulf of Mexico and
• Electricity and cable hook-ups Clearwater Beach
• Pump-out service
- ? 'ate
Clearwater
Item # 6
Attachment number 3
Page 1 of 6
Do n o S i t
Procedures
7ry
1. Purpose:
To establish a process for the lottery drawing for downtown boat slips. Wet slips are at
a premium in this area with approximately 119 slips available and over 500 persons
expressing an interest in reserving a space. The slips will be delegated by a lottery
drawing in March 2009. The following guidelines have been established to administer
the lottery and establish a waiting list for the remaining interested boaters wishing to
obtain a slip in the downtown area. These guidelines are necessary to provide objective
equality and fairness to the lottery procedures. The registration form and fee to enter
the lottery will provide sufficient information from the applicant to be entered into the
lottery for a downtown boat slip and establish an order for the boaters wishing to remain
on a wait list.
2. Procedure:
a. Registration Process:
i. A registration form will be mailed to all persons who entered complete
information on the City of Clearwater's website expressing an interest in the
downtown boat slips.
ii. A registration form will be mailed out and must be completed and returned to
the City of Clearwater with an interest free registration fee of $500.00 for
those wishing to be entered into the lottery drawing.
iii. All information on the form must be completed.
iv. This registration form must be postmarked no later than January 31, 2009 to
be entered into the lottery.
v. The registration form will be reviewed by city staff to ensure all necessary
information has been entered.
vi. If the form is not complete, city staff will make an attempt to contact the
registrant to complete the form.
vii. A check for the $500.00 must be attached for entry into the drawing.
viii. There is no limit to the number of entries for the lottery drawing, however, a
registration form and $500.00 fee must be completed for each entry.
ix. Registrants will be notified of location, date, and time of lottery at least two
weeks prior to lottery drawing.
x. If the registrant decides to take their name off the lottery drawing list, the fee
will be refunded. This will apply until final notice of the drawing has been
made or two weeks prior to the lottery drawing.
A. This registration form and fee is non-transferable. The person applying for
the slip will not be allowed to transfer the registration for the lottery to
anyone else.
b. Lottery Process:
i. Registrant or designated agent (representative) MUST be present for lottery
drawing.
ii. The registrant must be 18 years of age or older.
iii. The registration list will be divided into two lists:
a. Residents of Clearwater (domiciled in Clearwater)
1. Either of the following two criteria will be used to determine if a
Lottery applicant is a legal resident (domiciliary) of Clearwater:
S:Downtown Boatslips: Slip Rental Wait List new boat slips a1bevsedit Item #f
Attachment number 3
Page 2 of 6
i. Th d h? the plic n has claimed his/her
se d x p'
ii. he applican ;is a tenant, ave him er present a copy of their
most recent lease agreement.
b. Non-residents of Clearwater
The lists will then be alphabetized and assigned a registration number.
The city internal auditor will be providing the random number generation to be used
at the time of the lottery. This random sequence will be applied to the qualified
registrants as the actual drawing sequence.
First number drawn gets to make the first choice of slips, second drawn, second
choice of slips, and so on down the list until all slips are filled or all registrants have
been drawn.
c. Assignment of slips:
i. The registrant will be able to pick a slip according to the size dimensions
indicated on the registration form.
ii. The registrant will not be allowed to choose from slip sizes not indicated on
the registration form.
iii. The boat must fit within the slip dimensions. The length of the boat overall
will include the bow pulpit to the end of the swim platform if applicable. The
beam of the boat will be measured from the widest point of the boat. The draft
of the vessel is measured from the waterline to the deepest point of the
vessel below the surface.
iv. If the registrant refuses a slip size that has been indicated on the registration
form, the fee will be forfeited and is non-refundable.
v. You or your representative must be present to be eligible for a slip. If you are
not present at the lottery drawing the $500.00 fee is forfeited and non-
refundable.
vi. The registration fee of $500.00 will be applied towards the first month's rent.
The remaining portion of the first and last months rent will be due upon
selection of a slip.
vii. If all slips have been selected or there is not a slip available that you have
indicated on the registration form, you will have two options:
c. a full refund of your $500.00
d. or the opportunity to be put on a wait list for a $100.00 non-
refundable fee and receive a $400.00 refund.
viii. The wait list will be established by the order of the lottery drawing. The
drawing will pull ALL registrants numbers and that will be the order of the wait
list for the downtown boat slips.
ix. A vessel must be placed in the slip within 60-days of assignment (after
construction completion) with a one time 60-day extension available with a
written request.
x. The vessel in the slip must be owned/registered to the registered applicant.
A. The slip reverts to the city upon sale of the vessel and all other terms of the
city dock permit apply.
S:Downtown Boatslips: Slip Rental Wait List new boat slips albevsedit Item # f
Attachment number 3
Page 3 of 6
xii. All rules a d pol ci t t pplh cur wai I st will be in place for the
downtown
I it 11 t. o t se rules a e enclosed.
b' w
ALL REGISTRATIONS WILL BE MAILED TO THE CITY OF CLEARWATER MARINE &
AVIATION DEPARTMENT. IT IS THE RESPONSIBILITY OF THE REGISTRANT TO
MAINTAIN CORRECT CONTACT INFORMATION WITH THE MARINA OFFICE.
Marine & Aviation Department
25 Causeway Blvd.
Clearwater, FL 33767
Phone: 727-462-6954
Fax: 727-462-6957
The attached registration form must be completed and returned to the Marina Office
prior to January 31, 2009.
Waiver:
I certify that I have read the rules and procedures outlined above regarding the boat slip
lottery. I understand that I or my named representative must be present to obtain a boat
slip if drawn, and that the $500.00 fee is forfeited if I or my representative are not
present or I decline a slip with the appropriate dimensions for the boat indicated on the
application form.
Name:
Signature
Date: Name:
Printed
S:Downtown Boatslips: Slip Rental Wait List new boat slips albevsedit Item #,f
Attachment number 3
Page 4 of 6
E
RSummary of Slip Sizes Available
Slip Size
Length x width
Total
55x20 4
55x19.5 1
50x22.6 2
50x20.6 1
50x19.1 2
50x19.5 7
50x19 14
50x18.5 8
50x18 24
45x17.8 16
40x17 21
40x16.6 2
39x17 2
30x12 15
Slip rent will be calculated by the length of the slip.
Length of slip Rent
30 ft $465.00
40 ft $620.00
45 ft $697.00
50 ft $775.00
55 ft $852.50
S:Downtown Boatslips: Slip Rental Wait List new boat slips albevsedit Item #46
Attachment number 3
Page 5 of 6
FAgra I b? D'M?isi n cati Tn
North Basin S th Basin
Dimensions Dimensions Dimensions
Slip# L'xW'xD' Slip# L'xW'xD' Slip# L'xW'xD'
NA1 50 X 20.6 X ? SA44 50 X 19.1 X ? SB89 40 X 17 X ?
NA2 50 X 18 X ? SA45 50 X 19.1 X ? SB90 40 X 17 X ?
NA3 50X18X? SA46 50X18.5X? SB91 40X17X?
NA4 50X18X? SA47 50X18.5X? SB92 40X17X?
NA5 50X18X? SA48 50X18.5X? SB93 40X17X?
NA6 50X18X? SA49 50X18.5X? SB94 40X17X?
NA7 50X18X? SA50 50X18.5X? SB95 40X17X?
NA8 50X18X? SA51 50X18.5X? SB96 40X17X?
NA9 50X18X? SA52 50X18.5X? SB97 40X17X?
NA10 50X18 X? SA53 50X18.5 X? SB98 40X16.6 X?
NA11 50X18 X? SA54 50X19.5 X? SB99 40X16.6 X?
NA12 50X18 X? SA55 50X19.5 X? SC100 45X17 X?
NA13 50X18 X? SA56 50X19.5 X? SC101 45X17 X?
NA14 50X18 X? SA57 50X19.5 X? SC102 45X17 X?
NA15 50X18 X? SA58 50X19.5 X? SC103 45X17 X?
NA16 50X18 X? SA59 50X19.5 X? SC104 45X17 X?
NA17 50 X 18 X ? SA60 50 X 19.5 X ? SC105 45 X 17 X ?
NA18 50X18 X? SA61 55X20 X? SC106 45X17X?
NA19 50 X 18 X ? SA62 55 X 20 X ? SC107 45 X 17 X ?
NA20 50 X 18 X ? SA63 55 X 20 X ? SC108 45 X 17 X ?
NA21 50X18 X? SA64 55X20 X? SC109 45X17X?
NA22 50X18 X? SA65 55X19.5 X? SC110 45X17 X?
NA23 50X18 X? SB66 50X19 X? SC111 45X17X?
NA24 50X18 X? SB67 50X19 X? SC112 45X17X?
NA25 50X18 X? SB68 50X19 X? SC113 45X17X?
SB69 50X19 X? SC114 45X17.8 X?
- T' - SB70 50X19 X? SC115 45X17.8 X?
NON R 40X17 SB71 50X19 X? SC116 30X12 X?
NIR27 A 40 X 17 SB72 50 X 19 X ? SC117 30 X 12 X ?
NIR22 N 40X17 SB73 50X19 X? SC118 30X12 X?
NIR29 S 40X17 SB74 50X19 X? SC119 30X12 X?
NIR30 1 40 X 17 SB75 50 X 19 X ? SC120 30 X 12 X ?
NIR31 E 40X17 SB76 50X19 X? SC121 30X12 X?
NIR32 N 40 X 17 SB77 50 X 19 X ? SC122 30 X 12 X ?
NIR33 T 40 X 17 SB78 50 X 19 X ? SC123 30 X 12 X ?
NBU 45X17 SB79 50X19 X? SC124 30X12 X?
h I R 3 5 S 45 X 17 SB80 50 X 22.6 X ? SC125 30 X 12 X ?
NON L 45j X 17 SB81 50 X 22.6 X ? SC126 30 X 12 X ?
NIR37 1 45 X 17 SB82 40 X 17 X ? SC127 30 X 12 X ?
NIR32 P 45 X 17 SB83 40 X 17 X ? SC128 30 X 12 X ?
- S - SB84 40 X 17 X ? SC129 30 X 12 X ?
NM39 40X17X? SB85 40X17X? SC130 30X12X?
NM40 40X17X? SB86 40X17X? SC131 39X17X?
NM41 40X17X? SB87 40X17X? SC132 39X17X?
NM42 40X17X? SB88 40X17X?
NM43 40X17X?
S:Downtown Boatslips: Slip Rental Wait List new boat slips albevsedit Item #&
Attachment number 3
Page 6 of 6
Clearwat6r-Wunidpal'Marina S-ri"ait Lift Application
(ALL information MUST BE COMPLETED)
Name: Age: Birthdate:
Last First MI (Month/Day/Year)
City:
Phone:
Email:
Mobile:
State: Zip Code:
City of Clearwater Resident: Yes No
A Clearwater Resident is defined as one who resides within the city limits and claims a homestead
exemption in the City of Clearwater, or resides within the city limits as a tenant of rental property and can
provide proof of such rental. Proof of either are considered indicative of legal residence and such proof
must be provided. Attach either a copy of your homestead exemption or a utility bill in your name for your
residence.
Agent or Representative Contact Information:
Name: Age: Birthdate:
Last First MI (Month/Day/Year)
City: State: Zip Code:
Phone: Mobile:
Email:
Boat Info:
Type of Boat: Power Sail
Boat Size: Length Beam Draft
Of available slip dimensions, what is your primary preference:
Of available slip dimensions, what is your secondary preference:
What is the maximum size of slip you will take:
What is the minimum size slip you will take:
I certify that I have read the rules and procedures regarding the boat slip lottery, understand that I
or my representative listed above must be present to obtain a boat slipif drawn, and that the $500
fee is forfeited if I am not present or decline a boat slip if drawn.
SIGNATURE: Date:
YOU or YOUR DESIGNATED REPRESENTATIVE MUST BE PRESENT TO ACCEPT SLIP
Submit application and check for $500.00 per applicant to: City of Clearwater
Marine & Aviation Dept
Call 727-462-6954 if you have any questions. 25 Causeway Blvd.
Clearwater, FL 33767
S:Downtown Boatslips: Slip Rental Wait List new boat slips albevsedit Item #?i
Meeting Date:8/18/2008
4`k ' g Work Session
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Declare as surplus Pasco County real property identified as Parcel 32-25-16-0040-00000-0040 and authorize advertising said property
for bid pursuant to Invitation For Bid 34-08 in the minimum amount of $650,000 net, less costs of recording corrective instruments, if
any, adopt Resolution 08-18 and authorize appropriate officials to execute same.
SUMMARY:
The Clearwater Gas System ("CGS") purchased the subject property addressed at 7240 U. S. Highway 19, New Port Richey, Florida on
September 22, 1995, for $275,000 to establish a Service Center (the "Center") in western Pasco County.
CGS closed the Center on May 29, 2008 to reduce duplication of personnel and save approximately $208,000 in annual expenses, as the
CGS service area has shifted easterly with more of its growth occurring in the Land O' Lakes area of central Pasco.
The Center was purchased with proceeds from sale of Gas System Revenue Bonds Series 1996A. The Bond Covenant requires the City
obtain an opinion from a Consulting Engineer that disposal of certain CGS property is in the best interest of the CGS prior to declaring
the property surplus and offering it for sale. In a Certificate dated July 16, 2008, Black & Veatch Corporation, the CGS Consulting
Engineer, certified the disposal of the subject property is in the beneficial interest of CGS and within the terms of the Bond Covenant.
The Bond Covenant further requires the City Manager or other duly authorized officer in charge make a written finding that such
property comprising a part of the CGS is no longer necessary, useful, or profitable in the operation thereof. Chuck Warrington,
Managing Director of CGS made such written determination on July 17, 2007, in form approved by the City Manager.
In further compliance with Section 5.01(d)(5) of the City Charter two current appraisals were obtained to value CGS's fee interest in the
property. An appraisal performed by Colliers Arnold Valuation Services dated June 5, 2008 valued the property at $650,000. A second
appraisal performed by James M. Millspaugh, MAI, on June 26, 2008 valued the property at $435,000. The Colliers Arnold appraisal is
deemed to be more representative of the current market based on use of more current sales data. Invitation For Bid 34-08 has been
prepared establishing the minimum bid amount of $650,000 net, less costs of recording corrective instruments, if any as determined
above.
Pending receipt of the most responsive bid complying with requirements of the declaration of surplus, and upon development and
closing of a Sale and Purchase Agreement acceptable to Council, all sale proceeds of the subject CGS property will be deposited into a
debt service account used only for the purpose of retiring the Series 1996A Bonds that funded the original purchase.
Review 1) Public Works Administration 2) Financial Services 3) Legal 4) Clerk 5) Assistant City Manager ED 6) Clerk 7) City
Approval: Manager 8) Clerk
Cover Memo
Item # 7
Attachment number 1
Page 1 of 2
RESOLUTION 08 -18
A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA
("CITY"), FINDING THAT PASCO COUNTY REAL PROPERTY,
TAX I.D. NO 32-25-16-0040-00000-0040, COMPRISING A PART
OF THE CLEARWATER GAS SYSTEM ("SYSTEM"), IS NO
LONGER NECESSARY, USEFUL AND PROFITABLE IN THE
CLEARWATER GAS SYSTEM OPERATION, FINDING THAT IT IS
IN THE BEST INTERESTS OF THE SYSTEM THAT SUCH
PROPERTY BE DISPOSED OF, DECLARE SAID PROPERTY AS
SURPLUS FOR THE PURPOSE OF ADVERTISING FOR BID IN
THE MINIMUM AMOUNT OF $650,000 NET, LESS COSTS OF
RECORDING CORRECTIVE INSTRUMENTS, IF ANY PER BID
NUMBER 34-08; PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Manager has made a written determination that the
herein described real property, comprising a part of the System, is no longer
necessary, useful or profitable in the operation thereof; and,
WHEREAS, Black & Veatch Corporation, Consulting Engineer for the
System has made a finding that it is in the best interests of the System that such
property be disposed of; and,
WHEREAS, the System has obtained through Colliers Arnold Valuation
Services, Inc. a current fair market valuation of the City's fee simple interest in
said property of $650,000 as of June 5, 2008; and,
WHEREAS, Section 5.01(d)(5) of the City Charter requires that said
property be declared surplus and no longer needed for municipal use, and that
upon being declared surplus said real property shall be sold to the party
submitting the highest competitive bid above the appraised value whose bid
meets the terms set by Council; and,
WHEREAS, Invitation For Bid No. 34-08 has been prepared to Advertise
For Bid on said property in the minimum amount of $650,000 net, less costs of
recording corrective instruments, if any; and,
WHEREAS, the findings of the City Manger and the Consulting Engineer
and the valuation determination by Colliers Arnold Valuation Services, Inc. with
respect to said property, all having been duly considered;
Item # 7
Attachment number 1
Page 2 of 2
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF CLEARWATER, FLORIDA:
Section 1. That Council does hereby approve and concur in the
findings of its City Manager that the subject property is no longer necessary,
useful or profitable in the operation of the System.
Section 2. That Council does hereby approve and concur in the findings
of Black & Veatch Corporation, Consulting Engineer, that it is in the best interest
of the System that such property be disposed of.
Section 3. That Council does hereby declare the subject property as
surplus and no longer needed for municipal use, and hereby authorizes it be
advertised for bid in accordance with Invitation For Bid 34-08 in accordance with
provisions of Section 5.01(d)(5) of the City Charter.
Section 6. This resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED this day of , 2008.
Frank V. Hibbard, Mayor
Approved as to form:
Laura Lipowski, Asst. City Attorney
Attest:
Cynthia E. Goudeau, City Clerk
2 Item # 7
M dauneiu IIUHIG
Page 1 & 1
® l&
I ? n l?r
.? _ F do
:I111Y IQAM
NO CI n 44 a, : 11:1. o m
1"t=l?rr,_ ins- 1'In;?l;1r
City II ? r L
400 O n& i'
CleaiI vLjIcIr ; l,)ricia 3375-
Re: Cerlificllle of (lie Consulting 1 rl? Ill I
Dew NO W11rr111gwn:
11 A_ rdance vvhh ai Q 11 1 C uil -'ll[lHad ''N, I R?1 x.11 Cry'' Jje o the ,I; ill " PVI ?I?I jn 1,1 I lll
n' I I IIl. City pf C 1;.1n" Lk I h1 On W ?_ il° I ;r:L III 11:11.` j INJI ,j A I,h,CI ` In' I ? [o ? IT`, 1 iC'?11.111.?1 In i+, v, L :]I[ I[,IIll, III lll.' ;lIlI11l d[ n[ I1'?' r _d
)I jl,ld[ „';ll 1 JIN-` 1` In IP 1?' l IIIII:Ll' -.1 ?d L]1 1 'lIV_ 1hc E'111 1` 111,1 I?I111- di- (i'. 1l e1
,j,C1ny
I ?11,,,' l I?i?'?'[1 lPI nj? ? ;NI I a I?Iph ..1l 1`1 ????o ? HI R K Wo, 1 I u Pon in ,III e?-?l p
? I
1id 'i i_l % lJ-, 1
??1-£1 Lll'll :., .111 _? J.'. 1l'Il` C1'?Il`•. 1.1 ; i11._ E'll' I11 r 5, 111` [ Is I;1'i ON l'•, G n1111: _i LI.
Thp 11y+ Jli j`':CiM111_A NO K 1[Il Kw 711 i-S ' dw l€n i l prr l _Yqo 11u I < <A is a "5111 cr
}?_ `:;; If1C .'l nlf;ll 1h, wn Th'' C;u-slEllnn J `E i1n }7lia, J1,IJ?n7 1'. ;J l1
Ii'iJNnII r.11 I-'. 1.11E ':5171.1 J1 OI`,`-
1 t lrr,°1)3r1_y n ??r?-E nl tsp" l;Ie?n?
11i IC'r1 Pied, o hehlf o It j; i, Vv L,[li IL C'P.I1iZ ' aIwn as C(}ll`;1 11111 , FI1;lttl P! h, I_hV l&' A lKIt
c1n,1; , l7 :'1111 ?I. jeel pirperty is in t111 1, It 110 h1l irll; r.?a ''I 'the ypi-l,
1W 1 `rllfl o is braes on 1771`[krn 111. 11 pr:iN 00 IT The (It4 and , ells wd 11dwWr in W7,j),nd,I
i 1)&l ?I M117.17 the ternis of the 4.3oNd ( I ? l_nn,)Ill„
'he`re tr-,I. y771rs
FATCH Ci,.),°H i"l 1E )N
w"4
T1t1, loll . ?. ;11 ?
'111d.,
Item # 7
I 1 I ! ld, c 11 ,1,1111 11401 Lam.a?a'.A%(111,W, [ V l-hlrl1 RII . 1L'' i,1 1 USA 1'c : b 1 i. ?113, "?i„I
le,_.i v,,..;,....m - em
l?d.T, -1 IV! ,(_j
To. William B. Horne II, City •I? ri-gur
-ffi w Chuck ` .'. i r i <gton, Managing Director
July 17, nag 3
Surplus Pasco Fr , r
Tt" •: U iter , to sell it.: i;r l i•. f loo t 7302 C. l li_ ti ,, y 1ri, I'
Puff l\''ir;l r
Clearwater Gas, . its Fusco Service Cen' crn ii.k ,,, _'11i ii order to save .;,:-;1roxirmately
$21"1<1,,10i" arinu i 1,ve a I; i ffect ?r. i?r ,l>iiir ?s ?ilie Cleai -- i _m. We
r Imi;- tl J, (I ..?-louse iz s agar om l :. .., ow utrliz€ng m which
-ally. T,i I ersonn ira Pinellas w. c tf ;'I 'rrom
th ,i .'l . ,icehouse a- , can also p materials for th. ;e living in Masco. Cper ar_;, i,i,i] not be
impaired while con ii r ing to perform at; iit lesser cost.
The e( nomic! vigilant on g iew of casts were the key factors in the decision making
pr c. closincl th( i Service r Closing the Service Center reduced :iijplication of
pr. ii )i i nd costs. . € ° ; i i c_sn { IBy, t ur i vic i a area has shifted more to the ? . i U1 ri i ? of our
grr : I occurring in cerrtral isco (thz-, L 6' L. Ices area), which is yet another' considt i,fir. ,i fui closing
thi pit:
In i,.Ali ?UQe City Charter, I,ii-,n l ,,ijuirements, and bond tax lawn w; have deterraii :d that th.
l_rnperty r,' 'ric, r rr??r nncessary, r.i f:d, nr profit,,3'J k on the -p' -- ? cf t.
.. C
Y ?i .pack
,r r?,f?; ,rationr ni- Engine _? ? ??rjr° farm, 'fr d
di :iil.,li .., :?roperty is in he interest of r.hu - ,>ystem. 7,vo real
h, "ain n ;,i i?,ardance with City _m_ one ,olliers Arr_,'d Vl-iliwi?inii
Inc. i i,' 'l,0,00 and a se^mll r J. it ern Jam, ?? Ii`-; ;Il, I`,I '0I ri fi?•:. IT i iu,?li ??
+f ) h d both amf Li I i,. ,L i'.'rr 1",_1 to i-: . I'I,;; jji
rr. - 'i of tlae market and are t min g a Council _ ion to go to bi ! i:,i the
pa.,o; arty ba: Iona minimum $650,000 sales price.
Proceeds from the sale of this property II bed into a debt service. count used, only for the
purpose of retiring the bonds, whi& F -_ origin,l purchase. This i ?c{r:ir,; neat in order for the
City to keep its tax-exempt status of the li ig bond issue.
Recommende&
l F
1n;, j i i Die r for & x ,,utive Officer
SW/rb
pl, rnve&
ti.+i a ?E , II
i r
Item # 7
Attachment number 4
Page 1 of 12
Clearwater
SUBJECT:
PROPERTY:
ISSUE DATE:
MAIL BID TO:
DELIVER BID TO:
BID MUST BE RECEIVED
NOT LATER THAN:
INVITATION FOR BID 34-08
SALE OF SURPLUS PROPERTY
1.005-ACRE COMMERCIAL PARCEL
& 3432 S. F. OFFICE/ WAREHOUSE
AUGUST 25, 2008
CITY OF CLEARWATER
PURCHASING DIVISION
P. O. BOX 4748
CLEARWATER, FL. 33758-4748
CITY OF CLEARWATER
PURCHASING DIVISION
100 SOUTH MYRTLE AVENUE
CLEARWATER, FL. 33756
THURSDAY
SEPTEMBER 18, 2008 - 10:00 A.M.
THURSDAY
BID OPENING:
NOTE:
SEPTEMBER 18, 2008 - 11:00 A.M.
BID MAY NOT BE WITHDRAWN
WITHIN 60 DAYS AFTER SUCH
TIME AND DATE.
Item #17
Attachment number 4
Page 2 of 12
CLEARWATER GAS SYSTEM SERVICE CENTER
7240 US HIGHWAY 19
NEW PORT RICHEY, FLORIDA
DATE OF PHOTOGRAPHS: JUNE 26, 2008
P+ ?
tlb t?
t A7
FRONT VIEW FROM US HIGHWAY 19
r
> y "?,?.? ?a? 5, F M y
SIDE/BACK VIEW FROM COURT DRIVE
Item #2T
Attachment number 4
Page 3 of 12
CLEARWATER GAS SYSTEM SERVICE CENTER
7240 US HIGHWAY 19
NEW PORT RICHEY, FLORIDA
DATE OF PHOTOGRAPHS: JUNE 26, 2008
I
a
US HIGHWAY 19 STREET SCENE LOOKING NORTH. SUBJECT ON RIGHT
COURT DRIVE STREET SCENE LOOKING NORTH. SUBJECT ON LEFT
Item #3T
Attachment number 4
Page 4 of 12
INVITATION FOR BID 34-08: INFORMATION PACKAGE
THE INFORMATION CONTAINED HEREIN IS PROVIDED TO PROSPECTIVE
BIDDERS OF SURPLUS REAL PROPERTY OFFERED FOR SALE BY THE CITY OF
CLEARWATER, FLORIDA (HEREIN, "CITY'), LEGALLY DESCRIBED AS:
JASMIN COURT, Plat Book 6, Page 51, Lots 4, 5, 6 & also a portion of
Lots 7, 12, 13, 14, 15, 16 and 17, Block C, being further described as
follows: Commence at the NE corner of said Lot 4 for a POINT OF
BEGINNING; thence along the West R/W line of Court Drive
S00°39'W, 212.25 feet; thence S88°20'48"W, 106.02 feet; thence
S02°31'28"W, 42.00 feet; thence N88°41'28"W, 80.00 feet to the East
R/W line of SR No. 44 (US Hwy 19); thence along said East R/W line
N00°20'W, 256.66 feet; thence N89°3222"E, 107.89 feet to the East
boundary line of Lot 17; thence along the East boundary line
S00°07'45"E, 2.37 feet to the NW corner of said Lot 4; thence
N89°47'40"E, 80.00 feet to the POINT OF BEGINNING. (Per O.R. Book
3478, Page 1702, Public Records of Pasco County, Florida)
SITE ANALYSIS
PLOT SIZE:
1.005 Acres, (MOL)
IMPROVEMENTS: PROPERTY IS IMPROVED WITH A 3,452 SQUARE FOOT
STEEL FRAME OFFICE/WAREHOUSE BUILT IN 1974;
DEMISED INTO 17720 S. F. OF UNFINISHED SHOP
SPACE, 1,232 S. F. AS SHOWROOM/OFFICE AND AN
APPROXIMATE 500 S.F. MEZZANINE WITH LOW
CEILING HEIGHT.
TOPOGRAPHY: PROPERTY IS MOSTLY PAVED, LEVEL AND ABOVE
ROAD GRADE
ZONING: THE PARCEL IS LOCATED IN CITY OF NEW PORT
RICHEY, FLORIDA, ZONING DISTRICT HC (HIGHWAY
COMMERCIAL) WITH COMPATIBLE LAND USE
DESIGNATION
UTILITIES: ALL NECESSARY UTILITIES AND GOVERNMENT
SERVICES ARE AVAILABLE TO SUPPORT THE
EXISTING SITE AND SITE IMPROVEMENTS
FLOOD MAP: PARCEL LOCATED IN FLOOD ZONE A-13, FLOOD
HAZARD AREA, FLOOD MAP COMMUNITY PANEL
NUMBER #1202320001 D, MAP REVISED 7/5/1983
MILLAGE DISTRICT, TAX AREA 60NP/ 21.1452 MILLS. UNDER PRIVATE
MILLAGE RATE, TAXABLE OWNERSHIP 2008 GROSS TAXES WOULD BE
2008 GROSS TAXES: $8,594 ON ASSESSED VALUATION OF $381,082.
Item #4T
Attachment number 4
Page 5 of 12
MINIMUM BID AMOUNT: $650,000 - NET, LESS COSTS OF RECORDING
CORRECTIVE INSTRUMENTS, IF ANY
RIGHTS RESERVED: THE CITY OF CLEARWATER RESERVES THE
RIGHT TO REJECT ALL BIDS.
CONTRACT FORM: CONTRACT FOR SALE OF REAL PROPERTY BY
THE CITY OF CLEARWATER, FLORIDA
(SEE "***DRAFT ONLY***" ATTACHED)
OTHER EXHIBITS PROPERTY PHOTOGRAPHS, BID RESPONSE FORM
FOR FURTHER INFORMATION
CONTACT: EARL BARRETT, REAL ESTATE SERVICES MGR.
CLEARWATER MUNICIPAL SERVICES BUILDING
100 SOUTH MYRTLE AVENUE, SUITE 220
CLEARWATER, FLORIDA 33756
PHONE/FAX:
(727) 562-4754 (727) 562-4755
*DISCLAIMER*
ALL INFORMATION CONTAINED HEREIN HAS BEEN OBTAINED FROM SOURCES DEEMED RELIABLE. NONE OF THE
INFORMATION, HOWEVER, IS WARRANTED BY THE CITY OF CLEARWATER, ITS EMPLOYEES, AGENTS,
CONTRACTORS, OR ANYONE ACTING BY, FOR OR ON BEHALF OF THE CITY OF CLEARWATER.
ANY BIDDER WHO SUBMITS A BID TO THE CITY OF CLEARWATER PURCHASING DEPARTMENT PURSUANT TO
INFORMATION, TERMS, CONDITIONS AND RESERVATIONS CONTAINED HEREIN, SHALL BE DEEMED TO HAVE
INDEPENDENTLY VERIFIED TO HIS OR HER SATISFACTION ALL INFORMATION UPON WHICH THE BIDDER IS RELYING
IN MAKING SUCH SUBMITTAL.
A BID SUBMITTAL IN NO WAY OBLIGATES THE CITY OF CLEARWATER TO ACCEPT SUCH BID, NOR DOES SUCH BID
SUBMITTAL REPRESENT ANY OBLIGATION ON THE PART OF THE CITY TO ENTER INTO A PURCHASE & SALE
CONTRACT WITH ANY BIDDER EXCEPT AS DETERMINED SOLELY BY THE CITY. ANY PURCHASE & SALE CONTRACT
DEVELOPED BY MUTUAL AGREEMENT BETWEEN A SUCCESSFUL BIDDER AND THE CITY, THROUGH THE CITY'S
EMPLOYEES, AGENTS, CONTRACTORS OR DESIGNEES, SHALL HAVE NO LEGAL VALIDITY UNTIL SUCH TIME AS IT
HAS BEEN APPROVED AND ACCEPTED BY THE CLEARWATER CITY COMMISSION IN A REGULARLY SCHEDULED
PUBLIC MEETING AND EXECUTED BY DULY AUTHORIZED CITY OFFICIALS.
Item #57
Attachment number 4
Page 6 of 12
***DRAFT ONLY***
CONTRACT FOR SALE OF REAL PROPERTY
BY
THE CITY OF CLEARWATER, FLORIDA
PARTIES: The CITY OF CLEARWATER, FLORIDA, a Municipal Corporation of the State of Florida (herein
"Seller' or "City"), P. O. Box 4748, Clearwater, Florida 33758-4748, ATTENTION: City Manager, Phone:
(727) 562-4050, and (herein "Buyer"), of
Florida , Phone: U (collectively "Parties"), hereby
agree that the Seller shall sell and Buyer shall buy the following real property ("Real Property") and personal
property ("Personalty") (collectively "Property") upon the following terms and conditions.
THE "EFFECTIVE DATE" OF THIS CONTRACT IS THE DATE OF EXECUTION BY
DULY AUTHORIZED CITY OFFICIALS. TIME IS OF THE ESSENCE IN THIS
CONTRACT.
Time periods of 5 days or less shall be computed without including
Saturday, Sunday, or national legal holidays and any time period ending on
a Saturday, Sunday or national legal holiday shall be extended until 5:00
P.M. of the next business day.
1. PROPERTY DESCRIPTION
JASMIN COURT, Plat Book 6, Page 51, Lots 4, 5, 6 & also a portion of Lots 7, 12,
13, 14, 15, 16 and 17, Block C, being further described as follows: Commence at the NE
corner of said Lot 4 for a POINT OF BEGINNING; thence along the West R/W line of Court
Drive SO0°39W, 212.25 feet; thence S88°20'48"W, 106.02 feet; thence S02°31'28"W, 42.00
feet; thence N88°41'28"W, 80.00 feet to the East R/W line of SR No. 44 (US Hwy 19);
thence along said East R/W line N00°20'W, 256.66 feet; thence N89°3222"E, 107.89 feet to
the East boundary line of Lot 17; thence along the East boundary line S00°0745"E, 2.37
feet to the NW corner of said Lot 4; thence N89°47'40"E, 80.00 feet to the POINT OF
BEGINNING. (Per O.R. Book 3478, Page 1702, Public Records of Pasco County, Florida
STREET ADDRESS (City/State/Zip): 7240 US Highway 19, New Port Richey, Florida 34652
PERSONALTY: None to be conveyed
2. FULL PURCHASE PRICE .............................................................................$
3. MANNER OF PAYMENT
Total amount to be paid at closing in U.S. funds, cash, certified or
cashier's check, subject to adjustments and prorations ....................................$
4. TIME FOR ACCEPTANCE
Following execution of this contract by Buyer, the price, terms and conditions as contained herein shall
remain unchanged and be held unconditionally open for a period of 45 days following delivery in duplicate
original to Earl Barrett, Real Estate Services Manager of the City of Clearwater for acceptance and
approval, or rejection by action of the Clearwater City Council ("Council"). If this agreement is accepted and
approved by the Council, it will be executed by duly authorized City officials and delivered to Buyer within 15
days thereafter. If the Council upon initial presentation rejects this contract, this contract shall be null and
void in all respects and Buyer shall be so informed in writing within 5 days of such action.
Item #67
Attachment number 4
Page 7 of 12
5. TITLE
Seller shall convey marketable title to the Property by Special Warranty Deed, subject only to matters
contained in Paragraph 6 and those otherwise accepted by Buyer. Otherwise title shall be free of liens,
easements and encumbrances of record or known to Seller, but subject to property taxes for the year of
closing, if any; covenants, restrictions and public utility easements of record; and no others; provided there
exists at closing no violation of the foregoing and none of them prevents Buyer's intended use of the
Property infill residential development.
6. TITLE EVIDENCE
Buyer may, at Buyer expense and within 10 days prior to closing date obtain a title insurance commitment
issued by a Florida licensed title insurer agreeing to liens, encumbrances, exceptions or qualifications set
forth in this Contract, and those which shall be discharged by Seller at or before closing. Seller shall convey
a marketable title subject only to liens, encumbrances, exceptions or qualifications set forth in this Contract.
Marketable title shall be determined according to applicable Title Standards adopted by The Florida Bar and
in accordance with law. Buyer shall have 5 days from receiving evidence of title to examine it. If title is
found defective, Buyer shall, within 3 days thereafter, notify Seller in writing specifying defect(s). If the
defect(s) render title unmarketable, Seller will have 120 days from receipt of notice within which to remove
the defect(s), failing which Buyer shall have the option of either accepting the title as it then is or withdrawing
from this Contract. Seller will, if title is found unmarketable, make diligent effort to correct defect(s) in title
within the time provided therefore, including the bringing of necessary suits.
7. CERTAIN RIGHTS RESERVED
As required by Section 270.11, Florida Statutes, the Seller reserves unto itself and its successors an
undivided three-fourths (3/4) interest in, and title in and to an undivided three-fourths (3/4) interest in, all the
phosphate, minerals, and metals that are or may be in, on or under the real property described herein, and
an undivided one-half (1/2) interest in all the petroleum that is or may be in, on, or under said property with
the privilege to mine and develop the same. If the real property being conveyed hereunder is less than 20
contiguous acres, is presently developed and/or there exists future development plans, and there is little
likelihood of the presence of any of the minerals or petroleum contemplated by Section 270.11, Florida
Statutes, in all such instances the City expressly releases the above described rights. Buyer petition for
such release is evidenced by execution of this contract.
8. SURVEY
Buyer, at Buyer's expense, within time allowed to deliver evidence of title and to examine same, may have
Real Property surveyed and certified to the Buyer, Seller and closing agent by a registered Florida land
surveyor. If survey shows any encroachment on Real Property, or that improvements located on Real
Property encroach on setback lines, easements, lands of others, or violate any restrictions, contract
covenants or applicable governmental regulation, the same shall constitute a title defect. NOTICE: Parcel is
located within Special Flood Hazard Area "A-13", Community Flood Map Panel #1202320001D
(07/05/1983)
9. CLOSING PLACE AND DATE
Seller shall designate closing agent and this transaction shall be closed in the offices of the designated
closing agent in Pinellas County, Florida, on or before 30 days following Effective Date, unless extended
by other provisions of this contract. If either party is unable to comply with any provision of this contract
within the time allowed, and be prepared to close as set forth above, after making all reasonable and diligent
efforts to comply, then upon giving written notice to the other party, time of closing may be extended up to
45 days without effect upon any other term, covenant or condition contained in this contract.
10. CLOSING DOCUMENTS
Seller shall furnish deed, bill of sale, mechanic's lien affidavit, assignments of leases, tenant and mortgage
estoppel letters, and corrective instruments as applicable to this transaction. Buyer shall furnish closing
statement.
Item #77
Attachment number 4
Page 8 of 12
11. CLOSING EXPENSES
Recordation of the deed and Documentary stamps on the deed, unless this transaction is exempt under
Chapter 201.24, Florida Statutes, shall be paid by the Buyer. Seller shall pay the costs of recording any
corrective instruments.
12. PRORATIONS; CREDITS
If there should exist any taxes, assessments, rent and other revenue specific to the Property, all of such
expenses and revenue shall be prorated through the day before closing. If the amount of taxes and
assessments for the current year cannot be ascertained, rates for the previous year shall be used with due
allowance being made for improvements and exemptions. Any deposits held by Seller in trust for third
parties in occupancy of the Property shall be credited to Buyer at time of closing. Assessments for any
improvements that are substantially complete at time of closing shall be paid in full by Seller.
13. PROPERTY CONDITION
Seller shall deliver the Property to Buyer at time of closing in its present "as is" condition, ordinary wear and
tear excepted, and shall maintain the landscaping and grounds in a comparable condition. Seller makes no
warranties other than as disclosed herein and marketability of title. Buyer's covenant to purchase the
Property "as is" is more specifically represented in either subparagraph a. or b. as marked [X].
a. [ ] As Is: Buyer has inspected the Property or waives any right to inspect and accepts the Property in
its present "as is" condition.
[X] As Is With Right of Inspection: Buyer may, at Buyer expense and within 28 days from Effective
Date ("Inspection Period"), conduct inspections, tests, environmental and any other investigations of
the Property Buyer deems necessary to determine suitability for Buyer's intended use. Seller shall
grant reasonable access to the Property to Buyer, its agents, contractors and assigns for the
purposes of conducting the inspections provided, however, that all such persons enter the Property
and conduct the inspections and investigations at their own risk. Seller will, upon reasonable
notice, provide utilities services as may be required for Buyer's inspections and investigations.
Buyer shall not engage in any activity that could result in a mechanics lien being filed against the
Property without Seller's prior written consent. Buyer may terminate this contract by written notice
to Seller prior to expiration of the Inspection Period if the inspections and/or investigations reveal
conditions that are reasonably unsatisfactory to Buyer, unless Seller elects to repair of otherwise
remedy such conditions to Buyer satisfaction. If this transaction does not close, Buyer agrees, at
Buyer expense, to repair all damages to the Property resulting from the inspections and
investigations and return the Property to its present condition.
14. SELLER HELD HARMLESS
Buyer agrees to indemnify and hold harmless the Seller without limitation from any losses, damages,
costs, including attorney's fees, claims of injury to or death of any person(s), any damage to property of
Buyer, or the Property, and from and against any and every liability to any person arising from Buyer
conduct of inspections, investigations and any other work performed pursuant to Paragraphs 8 and 13
above.
15. RISK OF LOSS [WHEREAPPLICABLEI
If the Property is damaged by fire or other casualty before closing and cost of restoration does not exceed
3% of the assessed valuation of the Property so damaged, cost of restoration shall be an obligation of the
Seller and closing shall proceed pursuant to the terms of this contract with restoration costs escrowed at
closing. If the cost of restoration exceeds 3% of the assessed valuation of the improvements so damaged,
Buyer shall have the option of taking the Property "as is", together with either the 3% or any insurance
proceeds payable by virtue of such loss or damage, or of canceling this contract.
16. PROCEEDS OF SALE; CLOSING PROCEDURE
The deed shall be recorded upon clearance of funds. Proceeds of sale shall be held in escrow by Seller's
attorney or by such other mutually acceptable escrow agent for a period of not longer than 5 days from and
Item #87
Attachment number 4
Page 9 of 12
after closing, during which time evidence of title shall be continued at Buyer's expense to show title in Buyer,
without any encumbrances or change which would render Seller's title unmarketable from the date of the
last title evidence. If Seller's title is rendered unmarketable through no fault of the Buyer, Buyer shall, within
the 5-day period, notify the Seller in writing of the defect and Seller shall have 30 days from the date of
receipt of such notification to cure the defect. If Seller fails to timely cure the defect, all funds paid by or on
behalf of the Buyer shall, upon written demand made by Buyer and within 5 days after demand, be returned
to Buyer and simultaneously with such repayment, Buyer shall return Personalty and vacate Real Property
and reconvey it to Seller by special warranty deed. If Buyer fails to make timely demand for refund, Buyer
shall take title "as is", waiving all rights against Seller as to any intervening defect except as may be
available to Buyer by virtue of warranties contained in the deed. The escrow and closing procedure
required by this provision may be waived if title agent insures adverse matters pursuant to Section
627.7841, F.S. (1987), as amended.
17. DEFAULT
If Buyer fails to perform this contract within the time specified (including payment of all deposit(s)), the
deposit(s) paid by Buyer may be retained by or for the account of Seller as agreed upon liquidated
damages, consideration for the execution of this contract and in full settlement of any claims; whereupon,
Buyer and Seller shall be relieved of all obligations under this contract; or Seller, at Seller option, may
proceed in equity to enforce Seller's rights under this contract. If, for any reason other than failure of Seller
to make Seller's title marketable after diligent effort, Seller fails, neglects or refuses to perform this contract,
the Buyer may seek specific performance or elect to receive the return of Buyer deposit(s) without thereby
waiving any action for damages resulting from Seller's breach.
18. RADON GAS NOTIFICATION
RADON GAS: Radon is a naturally occurring radioactive gas that, when it has
accumulated in a building in sufficient quantities, may present health risks to persons
who are exposed to it over time. Levels of radon that exceed federal and state
guidelines have been found in buildings in Florida. Additional information regarding
radon and radon testing may be obtained from your county public health unit.
19. CONTRACT NOT RECORDABLE; PERSONS BOUND
Neither this contract nor any notice of it shall be recorded in any public records. This contract shall bind
and inure to the benefit of the parties and their successors in interest. Whenever the context permits,
singular shall include plural and one gender shall include all.
20. NOTICE
All notices provided for herein shall be deemed to have been duly given if and when deposited in the
United States Mail, properly stamped and addressed to the respective party to be notified, including the
parties to this contact, the parties attorneys, escrow agent, inspectors, contractors and all others who will in
any way act at the behest of the parties to satisfy all terms and conditions of this contract.
21. ASSIGNABILITY: PERSONS BOUND
This contract is [ ] assignable [ ] not assignable. The terms "Buyer", "Seller", and "Broker' (if any) may
be singular or plural. This Contract is binding upon Buyer, Seller, and their heirs, personal representatives,
successors and assigns (if assignment is permitted).
22. ATTORNEY FEES: COSTS
In any litigation arising out of this contract, the prevailing party shall be entitled to recover reasonable
attorney's fees and costs.
23. NO BROKER
Seller and Buyer represent and agree they have dealt with no Broker or finder in connection with the
transactions contemplated hereby. Seller and Buyer further agree to indemnify the other from any damage,
liability or expense either may suffer as a result of any claim of a Broker or finder with whom it is determined
Item #97
Attachment number 4
Page 10 of 12
that the other party has dealt with in contravention of this agreement; except, however, that total City
obligations under this provision shall be subject to the limits and restrictions of the Florida sovereign
immunity statute, F.S. 768.28.
24. TYPEWRITTEN OR HANDWRITTEN PROVISIONS
Typewritten or handwritten provisions shall control all printed provisions of contract in conflict with them.
25. EFFECT OF PARTIAL INVALIDITY
The invalidity of any provision of this contract will not and shall not be deemed to affect the validity of any
other provision. In the event that any provision of this contract is held to be invalid, the parties agree that
the remaining provisions shall be deemed to be in full force and effect as if they had been executed by both
parties subsequent to the expungement of the invalid provision.
26. GOVERNING LAW
It is agreed by and between the parties hereto that this contract shall be governed by, construed, and
enforced in accordance with the laws of the State of Florida.
27. COUNTERPARTS; FACSIMILE COPY
This contract may be executed in two or more counterparts, each of which shall be deemed an original
and all of which together shall constitute one instrument. A facsimile copy of this contract, including any
addendum, attachments and any written modifications hereof, and any initials or signature thereon shall be
deemed an original.
28. SPECIAL CLAUSES
[ ] Not applicable, OR [ ] An Addendum containing special clauses that constitute agreements and
covenants between the parties is attached to and an integral part of this contract and without further
acknowledgment is confirmed and accepted by the parties. When any special clause in the Addendum is in
conflict with any provision contained elsewhere in this contract, then the special clause shall govern.
29. MERGER BY DEED
All covenants, warranties, and representations contained herein shall merge with the deed at time of
closing. Upon delivery of deed by the City, and acceptance thereof by Buyer, the Buyer shall hold the City
forever harmless thereafter.
30. ENTIRE AGREEMENT
Upon execution by Seller and Buyer, this contract shall constitute the entire agreement between the
parties, shall supersede any and all prior and contemporaneous written and oral promises, representations
or condition in respect thereto. All prior negotiations, agreements, memoranda and writings shall be merged
herein. Any changes to be made in this agreement shall only be valid when expressed in writing,
acknowledged by the parties and incorporated herein or attached hereto.
THIS IS INTENDED TO BE A LEGALLY BINDING CONTRACT. IF NOT FULLY
UNDERSTOOD, SEEK THE ADVICE OF AN APPROPRIATE PROFESSIONAL FOR
LEGAL, TAX, ENVIRONMENTAL AND OTHER SPECIALIZED ADVICE PRIOR TO
SIGNING.
BUYER: (Insert Name)
Date: 12008.
By:
Print Name
Title
Item 407
Attachment number 4
Page 11 of 12
APPROVED AND ACCEPTED THIS day of 12008.
Countersigned: CITY OF CLEARWATER, FLORIDA
Frank V. Hibbard, Mayor
Approved as to form:
Laura Lipowski, Assistant City Attorney
By:
William B. Horne, II, City Manager
ATTEST:
Cynthia E. Goudeau, City Clerk
Item 417
Attachment number 4
Page 12 of 12
BID RESPONSE FORM (34 - 08)
ITEM NO. QUANTITY PROPERTY DESCRIPTION
1. ONE #32-25-16-0040-00000-0040
7240 US HIGHWAY 19
NEW PORT RICHEY, FLORIDA
Lots 4-6 & part of Lots 7, 12-17;
Block C, JASMIN COURT, per
Plat Book 6, Page 51, Pasco
County, Florida
BID AMOUNT
FOR QUESTIONS REGARDING THIS BID, CONTACT:
EARL BARRETT - REAL ESTATE SERVICES MANAGER
PHONE: (727) 562-4754 FAX: (727) 562-4755
F. O. B. CLEARWATER, FLORIDA
BIDDER REPRESENTATION
I represent that this bid is submitted in compliance with all terms, conditions,
specifications and other bid criteria of the INVITATION FOR BID and that I am
submitting this bid on my own behalf or am authorized by the prospective
owners/principals to execute and submit this bid on behalf of the entities
identified below:
INDIVIDUAL OR BUSINESS NAME
STREET ADDRESS
CITY/STATE/ZIP
PRINT/TYPE NAME OF
AUTHORIZED REPRESENTATIVE
(if applicable)
DATE BID SUBMITTED
FEDERAL IDENTIFICATION NO.
(IF APPLICABLE)
SIGNATURE OF
AUTHORIZED REPRESENTATIVE
(if applicable)
TELEPHONE NUMBER
SUBMITTAL INSTRUCTIONS
1. RETURN "BID RESPONSE FORM" ONLY.
2. ADDRESS TO PURCHASING DIVISION AS SHOWN ON BID COVER PAGE
3. IDENTIFY "RESPONSE: INVITATION FOR BID 34-08" ON ENVELOPE
Item 427
Attachment number 5
Page 1 of 1
LOCATOR MAP
CGS SERVICE CENTER - 7240 U. S. HWY. 19, NEW PORT RICHEY
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Attachment number 6
Page 1 of 1
AERIAL LOCATOR MAP
CGS SERVICE CENTER - 7240 U. S. HWY. 19, NEW PORT RICHEY
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AVERY RD AVERY RD
VERY RDl",
Meeting Date:8/18/2008
4`k ' g Work Session
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Approve a Utility Work By Highway Contractor Agreement (Lump Sum) with the State of Florida's Department of Transportation to
install natural gas mains during improvement project, FPN: 256881-1-56-07/Pinellas County, SR55 (US 19) from North of Whitney to
South of Seville, at an estimated cost of $70,576.00, adopt Resolution 08-19 and authorize the appropriate officials to execute same.
SUMMARY:
The Florida Department of Transportation (FDOT) has a project to widen/improve SR55 (US 19) from North of Whitney to South of
Seville including roadway, sidewalk, other improvements, and utilities to include those existing Clearwater Gas facilities which conflict
with the design.
Under the Utility Work By Highway Contractor Agreement (UWHCA - Lump Sum), the State of Florida's Department of
Transportation general contractor will perform the relocation of existing natural gas mains.
Having the State of Florida's Department of Transportation general contractor install the natural gas mains allows for work to be done
in a timely manner and releases Clearwater Gas System from penalty payments.
Funding for this agreement is available in capital project 315-96377 - Pinellas New Mains and Service Lines.
Type: Capital expenditure
Current Year Budget?: Yes Budget Adjustment: None
Budget Adjustment Comments:
Current Year Cost: 70,576.00 Annual Operating Cost: 70,576.00
Not to Exceed: 70,576.00 Total Cost: 70,576.00
For Fiscal Year: 2007 to 2008
Appropriation Code Amount Appropriation Comment
315-96377 70,576.00 Pinellas New Mains & Service Lines
Review Approval: 1) Office of Management and Budget 2) Legal 3) Clerk 4) Assistant City Manager ED 5) Clerk 6) City Manager 7) Clerk
Cover Memo
Item # 8
Attachment number 1
Page 1 of 1
RESOLUTION NO. 08-19
A RESOLUTION OF THE CITY OF CLEARWATER,
FLORIDA, APPROVING THE EXECUTION OF A UTILITY
WORK BY HIGHWAY CONTRACTOR AGREEMENT WITH
THE STATE OF FLORIDA DEPARTMENT OF
TRANSPORTATION REGARDING RELOCATION OF
NATURAL GAS MAINS FOR THE IMPROVEMENT
PROJECT FOR STATE ROAD SR55 (US19) FROM
NORTH OF WHITNEY TO SOUTH OF SEVILLE;
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the State of Florida Department of Transportation (FDOT) has a
project to widen/improve State Road 55 (US 19) from North of Whitney to South of
Seville including roadway, sidewalk, other improvements and utilities to include those
existing Clearwater Gas System facilities which conflict with the design; and
WHEREAS, under the Utility Work By Highway Contractor Agreement, the
FDOT's general contractor will perform the relocation of existing natural gas mains; and
WHEREAS, having FDOT's general contractor relocate the natural gas mains
allows for the work to be done in a timely manner and releases Clearwater Gas System
from penalty payments; now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF CLEARWATER, FLORIDA:
Section 1. The City Council hereby accepts and approves the Utility Work By
Highway Contractor Agreement between the City and the State of Florida Department
of Transportation, identified as Utility Work By Highway Contractor Agreement,
Financial Project ID 256881-1-56-07, a copy of which is attached as Exhibit A.
Section 2. The City Council hereby authorizes the Mayor and City Manager to
sign the Utility Work By Highway Contractor Agreement described in this resolution and
associated documents.
Section 3. This resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED this day of
Approved as to form:
Laura Lipowski
Assistant City Attorney
, 2008.
Frank Hibbard
Mayor
Attest:
Cynthia E. Goudeau
City Clerk
Resolution No. 0 6tSj # 8
Attachment number 2
Page 1 of 5
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form No. 710-010-57
UTILITY WORK BY HIGHWAY CONTRACTOR AGREEMENT UTILITIES
(LUMP SUM) 10/04
Financial Project ID: 256881-1-56-07 Federal Project ID: N/A
County: Pinellas State Road No.: 55
District Document No:
Utility Agency/Owner (UAO): Clearwater Gas Systems, Inc.
THIS AGREEMENT, entered into this day of year of , by and between the STATE
OF FLORIDA DEPARTMENT OF TRANSPORTATION, hereinafter referred to as the "FDOT," and
Clearwater Gas Systems, Inc., hereinafter referred to as the "UAO";
WITNESSETH:
WHEREAS, the UAO owns certain utility facilities which are located on the public road or publicly owned rail
corridor identified below, hereinafter referred to as the "Facilities" (said term shall be deemed to include utility facilities
as the same may be relocated, adjusted, or placed out of service); and
WHEREAS, the FDOT, is currently engaging in a project which involves constructing, reconstructing, or
otherwise changing a public road and other improvements located on a public road or publicly owned rail corridor
identified as US 19 from N. of Whitney Road to S. of Seville, State Road No. 55, hereinafter referred to as the
"Project"; and
WHEREAS, the Project requires minor modifications to the Facilities orthe FDOT's design more particularly
described in Exhibit A attached hereto and by this reference made a part hereof, hereinafter referred to as "Utility
Work," and full plans and technical specifications for the Utility Work are not required; and
WHEREAS, the FDOT will perform the Utility Work as part of the Project; and
WHEREAS, the UAO, pursuant to the terms and conditions hereof, will bear certain costs associated with the
Utility Work; and
WHEREAS, the FDOT and the UAO desire to enter into an agreement which establishes the terms and
conditions applicable to the Utility Work;
NOW, THEREFORE, in consideration of the premises and the mutual covenants contained herein, the FDOT
and the UAO hereby agree as follows:
Performance of Utility Work
a. The FDOT will include the Utility Work in its plans and specifications for the Project and will include
the Utility Work as part of the FDOT's construction of the Project. The preparation of the plans and
specifications and the construction of the Project will be performed in such manner as the FDOT, in
its discretion, deemed appropriate.
b. All location, protection, relocation, adjustment, or removal of the UAO's Facilities which is not listed in
Exhibit A shall be performed pursuant to a separate agreement.
Cost of Utility Work
a. The UAO will, at least fourteen (14) calendar days prior to the date on which the FDOT advertises
the Project for bids, pay the FDOT the amount of $ 70,576 for the cost of the Utility Work. Said
amount will be deposited into the State Transportation Trust Fund.
b. The FDOT and the UAO acknowledge and agree that the amount stated above includes an additional
ten percent (10%) to cover the UAO's obligation for the cost of the Utility Work as set forth in Section
337.403(1)(b), Florida Statutes.
Page 1 of 6 Item # 8
Attachment number 2
Page 2 of 5
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form No. 710-010-57
UTILITY WORK BY HIGHWAY CONTRACTOR AGREEMENT UTILITIES
(LUMP SUM) 10/04
C. Except for costs associated with any changes or additions to the Utility Work, the FDOT and the UAO
agree that the deposit shall be an asset of the FDOT and that it constitutes a full and final lump sum
payment for the cost of the Utility Work, without any requirement for a subsequent accounting for the
use of the deposit.
Pursuant to Section 337.403(1)(b), Florida Statutes, no changes or additions to the Utility Work will be
made during the construction of the Project unless the UAO has made an additional deposit to cover
the cost of the changes or additions. To the extent that the amount stated in Subparagraph 2.a. above
exceeds the amount of the FDOT contractor's bid that applies to the Utility Work, such excess may
be applied to cover the cost of the changes or additions. All changes or additions shall be subject to
the limitations on supplemental agreements and change orders contained in Section 337.11(8), Florida
Statutes.
3. Default
a. In the event that the UAO breaches any provision of this Agreement, then in addition to any other
remedies which are otherwise provided for in this Agreement, the FDOT may exercise one or more of
the following options, provided that at no time shall the FDOT be entitled to receive double recovery of
damages:
(1) Terminate this Agreement if the breach is material and has not been cured within 60
days from written notice thereof from the FDOT.
(2) Pursue a claim for damages suffered by the FDOT.
(3) Suspend the issuance of further permits to the UAO for the placement of Facilities on FDOT
property if the breach is material and has not been cured within 60 days from written notice
thereof from FDOT until such time as the breach is cured.
(4) Pursue any other remedies legally available.
(5) Perform any work with its own forces or through contractors and seek repayment for the cost
thereof under Section 337.403(3), Florida Statutes.
b. In the event that the FDOT breaches any provision of this Agreement, then in addition to any other
remedies which are otherwise provided for in the Agreement, the UAO may exercise one or more of
the following options:
(1) Terminate this Agreement if the breach is material and has not been cured within 60 days
from written notice thereof from the UAO.
(2) Pursue any other remedies legally available.
C. Termination of this Agreement shall not relieve either party from any obligations it has pursuant to
other agreements between the parties and from any statutory obligations that either party may have
with regard to the subject matter hereof.
4. Indemnification
FOR GOVERNMENT-OWNED UTILITIES:
To the extent provided by law, the UAO shall indemnify, defend, and hold harmless the FDOT and all of its
officers, agents, and employees from any claim, loss, damage, cost, charge, or expense arising out of any acts,
action, error, neglect, or omission by the UAO, its agents, employees, or contractors during the performance of
the Agreement, whether direct or indirect, and whether to any person or property to which FDOT or said parties
Page 2 of 6 Item # 8
Attachment number 2
Page 3 of 5
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form No. 710-010-57
UTILITY WORK BY HIGHWAY CONTRACTOR AGREEMENT UTILITIES
(LUMP SUM) 10/04
may be subject, except that neither the UAO, its agents, employees, or contractors will be liable under this
section for damages arising out of the injury or damage to persons or property directly caused by or resulting
from the negligence of the FDOT or any of its officers, agents, or employees during the performance of this
Agreement.
When the FDOT receives a notice of claim for damages that may have been caused by the UAO in the
performance of services required under this Agreement, the FDOT will immediately forward the claim to the
UAO. The UAO and the FDOT will evaluate the claim and report their findings to each otherwithin fourteen (14)
working days and will jointly discuss options in defending the claim. After reviewing the claim, the FDOT will
determine whether to require the participation of the UAO in the defense of the claim or to require the UAO to
defend the FDOT in such claim as described in this section. The FDOT's failure to notify the UAO of a claim
shall not release the UAO from any of the requirements of this section. The FDOT and the UAO will pay their
own costs for the evaluation, settlement negotiations, and trial, if any. However, if only one party participates in
the defense of the claim at trial, that party is responsible for all costs.
FOR NON-GOVERNMENT-OWNED UTILITIES:
The UAO shall indemnify, defend, and hold harmless the FDOT and all of its officers, agents, and employees
from any claim, loss, damage, cost, charge, or expense arising out of any acts, action, error, neglect, or
omission by the UAO, its agents, employees, or contractors during the performance of the Agreement, whether
direct or indirect, and whether to any person or property to which FDOT or said parties may be subject, except
that neither the UAO, its agents, employees, or contractors will be liable under this section for damages arising
out of the injury or damage to persons or property directly caused by or resulting from the negligence of the
FDOT or any of its officers, agents, or employees during the performance of this Agreement.
The UAO's obligation to indemnify, defend, and pay for the defense or at the FDOT's option, to participate and
associate with the FDOT in the defense and trial of any damage claim or suit and any related settlement
negotiations, shall arise within fourteen (14) days of receipt by the UAO of the FDOT's notice of claim for
indemnification to the UAO. The notice of claim for indemnification shall be served by certified mail. The
UAO's obligation to defend and indemnify within fourteen (14) days of such notice shall not be excused
because of the UAO's inability to evaluate liability or because the UAO evaluates liability and determines the
UAO is not liable or determines the FDOT is solely negligent. Only a final adjudication orjudgment finding the
FDOT solely negligent shall excuse performance of this provision bythe UAO. The UAO shall pay all costs and
fees related to this obligation and its enforcement by the FDOT. The FDOT's delay in notifying the UAO of a
claim shall not release UAO of the above duty to defend.
5. Force Majeure
Neither the UAO nor the FDOT shall be liable to the other for any failure to perform under this Agreement to the
extent such performance is prevented by an act of God, war, riots, natural catastrophe, or other event beyond
the control of the non-performing party and which could not have been avoided or overcome by the exercise of
due diligence; provided that the party claiming the excuse from performance has (a) promptly notified the other
party of the occurrence and its estimate duration, (b) promptly remedied or mitigated the effect of the
occurrence to the extent possible, and (c) resumed performance as soon as possible.
Miscellaneous
a. To the Facilities shall at all times remain the property of and be properly protected and maintained by
the UAO in accordance with the then current Utility Accommodation Manual and the current utility
permit for the Facilities.
b. Pursuant to Section 287.058, Florida Statutes, the FDOT may unilaterally cancel this Agreement for
refusal by the UAO to allow public access to all documents, papers, letters, or other material subject to
the provisions of Chapter 119, Florida Statutes, and made or received by the UAO in conjunction with
this Agreement.
Page 3 of 6 Item # 8
Attachment number 2
Page 4 of 5
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form No. 710-010-57
UTILITY WORK BY HIGHWAY CONTRACTOR AGREEMENT UTILITIES
(LUMP SUM) 10/04
C. This Agreement constitutes the complete and final expression of the parties with respect to the subject
matter hereof and supersedes all prior agreements, understandings, or negotiations with respect
thereto, except that the parties understand and agree that the FDOT has manuals and written policies
and procedures which shall be applicable at the time of the Project and the relocation of the Facilities
and except that the UAO and the FDOT may have entered into other agreements forwork not included
in Exhibit A for Facilities located within the limits of the Project. Copies of FDOT manuals, policies,
and procedures will be provided to the UAO upon request.
This Agreement shall be governed by the laws of the State of Florida. Any provision hereof found to be
unlawful or unenforceable shall be severable and shall not affect the validity of the remaining portions
hereof.
e. Time is of essence in the performance of all obligations under this Agreement.
All notices required pursuant to the terms hereof may be sent by first class United States Mail,
facsimile transmission, hand delivery, or express mail and shall be deemed to have been received by
the end of five business days from the proper sending thereof unless proof of prior actual receipt is
provided. The UAO shall have a continuing obligation to notify each District of the FDOT of the
appropriate persons for notices to be sent pursuant to this Agreement. Unless otherwise notified in
writing, notices shall be sent to the following addresses:
If to the UAO:
Mr. Bruce Griffin
Clearwater Gas System, Inc.
400 Myrtle Avenue
Clearwater, FI 33755
727-562-4900
If to the FDOT:
Ms. Sally Prescott ( District Utility Administrator)
Florida Department of Transmission VII
11201 N. McKinley Drive, 7-820
Tampa, FI 33612-6456
813-975-6151
Certification
This document is a printout of an FDOT form maintained in an electronic format and all revisions thereto by the
UAO in the form of additions, deletions, or substitutions are reflected only in an Appendix entitled Changes to
Form Document and no change is made in the text of the document itself. Hand notations on affected portions
of this document may referto changes reflected in the above-named Appendix but are for reference purposes
only and do not change the terms of the document. By signing this document, the UAO hereby represents that
no change has been made to the text of this document except through the terms of the appendix entitled
Changes to Form Document."
You MUST signify by selecting or checking which of the following applies
® No changes have been made to this Form Document and no Appendix entitled "Changes to Form
Document" is attached.
? No changes have been made to this Form Document, but changes are included on the attached Appendix
entitled "Changes to Form Document."
Page 4 of 6 Item # 8
Attachment number 2
Page 5 of 5
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form No. 710-010-57
UTILITY WORK BY HIGHWAY CONTRACTOR AGREEMENT UTILITIES
(LUMP SUM) 10/04
IN WITNESS WHEREOF, the parties hereto have executed this Agreement effective the day and year first written.
UTILITY: Clearwater Gas Systems, Inc.
BY: (Signature) DATE:
(Typed Name: )
(Typed Title: )
Recommend Approval by the District Utility Office
BY: (Signature) DATE:
FDOT Legal review
BY: (Signature) DATE:
District Counsel
STATE OF FLORIDA
DEPARTMENT OF TRANSPORTATION
BY: (Signature) DATE:
(Typed Name: Scott Collister)
(Typed Title: Director of Transportation)
FEDERAL HIGHWAY ADMINISTRATION (if applicable)
BY:
(Typed Name: )
(Typed Title: )
DATE:
Page 6 of 6 Item # 8
Attachment number 3
Page 1 of 1
APPENDIX
State of Florida Department of Transportation
UTILITY WORK BY HIGHWAY CONTRACTOR AGREEMENT
(Lump Sum)
CHANGES TO FORMS DOCUMENT
FPID: 256881-1-56-07
Page 6 of 6, following "IN WITNESS WHEREOF... year first within."
Add the following signature blocks following the "Utility... (Typed Title)" blank:
Countersigned:
Frank Hibbard
Mayor
City of Clearwater, Florida
By:
William B. Horne, II
City Manager
Approved as to form:
Laura Lipowski
Assistant City Attorney
Attest:
Cynthia E. Goudeau
City Clerk
Item # 8
Attachment number 4
Page 1 of 1
Engineer's Cost Estimate Lump Sum
SR 55 (US 19) Whitney to Seville, Pinellas County
FPID: 256881-1-52-01
UAO: Clearwater Gas System, inc.
Removal of Out of Service Facilities by FDOT Contractor
Pa Item [3ascri Lion Unit Quantity Unit Cost Total
' 1050-16-002 Pipe (removal, 2"- 4.9" diam) LF 2325 17 $39,525
1050-15-002 Pipe (adjust, 2" 4.9" diam) LF 1079 20 $21,580
Subtotal $61,105
CFA/(-El (5%) $3,055
Subtotal $64,160
Conti enc (10%) $6,416
GRAND TOTAL $70,576
" Estimates based on Phase Ill plans Dated 612108. Estimates are subject to change.
KkUserslHowen1256881-1 US 19 Whitney to SeviltelEngineer's Cost Estimate Fbr CWG 256881-1_revA.As it 101}81
Meeting Date:8/18/2008
Y 1 ,",_1
4`k ' g Work Session
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Approve a Utility Work By Highway Contractor Agreement with the State of Florida's Department of Transportation to install natural
gas mains during improvement project, FPN: 256881-2-56-07/Pinellas County, SR55 (US 19) from South of Seville to North of SR 60,
at an estimated cost of $39,427.00 and adopt Resolution 08-21.
SUMMARY:
The Florida Department of Transportation (FDOT) has a project to widen/improve SR55 (US 19) from South of Seville to North of SR
60 including roadway, sidewalk, other improvements, and utilities to include those existing Clearwater Gas facilities which conflict with
the design.
Under the Utility Work By Highway Contractor Agreement (UWHCA), the State of Florida's Department of Transportation general
contractor will perform the relocation of existing natural gas mains.
Having the State of Florida's Department of Transportation general contractor install the natural gas mains allows for work to be done
in a timely manner and releases Clearwater Gas System from penalty payments.
Funding for this agreement is available in capital project 315-96377- Pinellas New Mains and Service Lines.
Type: Capital expenditure
Current Year Budget?: Yes Budget Adjustment: None
Budget Adjustment Comments:
Current Year Cost: 39,427.00 Annual Operating Cost: 39,427.00
Not to Exceed: 39,427.00 Total Cost: 39,427.00
For Fiscal Year: 2007 to 2008
Appropriation Code Amount Appropriation Comment
315-96377 39,427.00 Pinellas New Mains & Service Lines
Review Approval: 1) Office of Management and Budget 2) Legal 3) Clerk 4) Assistant City Manager ED 5) Clerk 6) City Manager 7) Clerk
Cover Memo
Item # 9
Attachment number 1
Page 1 of 1
RESOLUTION NO. 08-21
A RESOLUTION OF THE CITY OF CLEARWATER,
FLORIDA, APPROVING THE EXECUTION OF A UTILITY
WORK BY HIGHWAY CONTRACTOR AGREEMENT WITH
THE STATE OF FLORIDA DEPARTMENT OF
TRANSPORTATION REGARDING RELOCATION OF
NATURAL GAS MAINS FOR THE IMPROVEMENT
PROJECT FOR STATE ROAD SR55 (US19) FROM
SOUTH OF SEVILLE to NORTH OF SR 60; PROVIDING
AN EFFECTIVE DATE.
WHEREAS, the State of Florida Department of Transportation (FDOT) has a
project to widen/improve State Road 55 (US 19) from South of Seville to North of SR 60
including roadway, sidewalk, other improvements and utilities to include those existing
Clearwater Gas System facilities which conflict with the design; and
WHEREAS, under the Utility Work By Highway Contractor Agreement, the
FDOT's general contractor will perform the relocation of existing natural gas mains; and
WHEREAS, having FDOT's general contractor relocate the natural gas mains
allows for the work to be done in a timely manner and releases Clearwater Gas System
from penalty payments; now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF CLEARWATER, FLORIDA:
Section 1. The City Council hereby accepts and approves the Utility Work By
Highway Contractor Agreement between the City and the State of Florida Department
of Transportation, identified as Utility Work By Highway Contractor Agreement,
Financial Project ID 256881-2-56-07, a copy of which is attached as Exhibit A.
Section 2. The City Council hereby authorizes the Mayor and City Manager to
sign the Utility Work By Highway Contractor Agreement described in this resolution and
associated documents.
Section 3. This resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED this day of
Approved as to form:
Laura Lipowski
Assistant City Attorney
, 2008.
Frank Hibbard
Mayor
Attest:
Cynthia E. Goudeau
City Clerk
Resolution No. 0 AT # 9
Attachment number 2
Page 1 of 5
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form No. 710-010-57
UTILITY WORK BY HIGHWAY CONTRACTOR AGREEMENT UTILITIES
(LUMP SUM) 10/04
Financial Project ID: 256881-2-56-07 Federal Project ID: N/A
County: Pinellas State Road No.: 55
District Document No:
Utility Agency/Owner (UAO): Clearwater Gas Systems, Inc.
THIS AGREEMENT, entered into this day of year of , by and between the STATE
OF FLORIDA DEPARTMENT OF TRANSPORTATION, hereinafter referred to as the "FDOT," and
Clearwater Gas Systems, Inc., hereinafter referred to as the "UAO";
WITNESSETH:
WHEREAS, the UAO owns certain utility facilities which are located on the public road or publicly owned rail
corridor identified below, hereinafter referred to as the "Facilities" (said term shall be deemed to include utility facilities
as the same may be relocated, adjusted, or placed out of service); and
WHEREAS, the FDOT, is currently engaging in a project which involves constructing, reconstructing, or
otherwise changing a public road and other improvements located on a public road or publicly owned rail corridor
identified as US 19 from S. Seville to N of SR 60, State Road No. 55, hereinafter referred to as the "Project"; and
WHEREAS, the Project requires minor modifications to the Facilities orthe FDOT's design more particularly
described in Exhibit A attached hereto and by this reference made a part hereof, hereinafter referred to as "Utility
Work," and full plans and technical specifications for the Utility Work are not required; and
WHEREAS, the FDOT will perform the Utility Work as part of the Project; and
WHEREAS, the UAO, pursuant to the terms and conditions hereof, will bear certain costs associated with the
Utility Work; and
WHEREAS, the FDOT and the UAO desire to enter into an agreement which establishes the terms and
conditions applicable to the Utility Work;
NOW, THEREFORE, in consideration of the premises and the mutual covenants contained herein, the FDOT
and the UAO hereby agree as follows:
Performance of Utility Work
a. The FDOT will include the Utility Work in its plans and specifications for the Project and will include
the Utility Work as part of the FDOT's construction of the Project. The preparation of the plans and
specifications and the construction of the Project will be performed in such manner as the FDOT, in
its discretion, deemed appropriate.
b. All location, protection, relocation, adjustment, or removal of the UAO's Facilities which is not listed in
Exhibit A shall be performed pursuant to a separate agreement.
Cost of Utility Work
a. The UAO will, at least fourteen (14) calendar days prior to the date on which the FDOT advertises
the Project for bids, pay the FDOT the amount of $ 39,427 for the cost of the Utility Work. Said
amount will be deposited into the State Transportation Trust Fund.
b. The FDOT and the UAO acknowledge and agree that the amount stated above includes an additional
ten percent (10%) to cover the UAO's obligation for the cost of the Utility Work as set forth in Section
337.403(1)(b), Florida Statutes.
Page 1 of 6 Item # 9
Attachment number 2
Page 2 of 5
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form No. 710-010-57
UTILITY WORK BY HIGHWAY CONTRACTOR AGREEMENT UTILITIES
(LUMP SUM) 10/04
C. Except for costs associated with any changes or additions to the Utility Work, the FDOT and the UAO
agree that the deposit shall be an asset of the FDOT and that it constitutes a full and final lump sum
payment for the cost of the Utility Work, without any requirement for a subsequent accounting for the
use of the deposit.
Pursuant to Section 337.403(1)(b), Florida Statutes, no changes or additions to the Utility Work will be
made during the construction of the Project unless the UAO has made an additional deposit to cover
the cost of the changes or additions. To the extent that the amount stated in Subparagraph 2.a. above
exceeds the amount of the FDOT contractor's bid that applies to the Utility Work, such excess may
be applied to cover the cost of the changes or additions. All changes or additions shall be subject to
the limitations on supplemental agreements and change orders contained in Section 337.11(8), Florida
Statutes.
Default
a. In the event that the UAO breaches any provision of this Agreement, then in addition to any other
remedies which are otherwise provided for in this Agreement, the FDOT may exercise one or more of
the following options, provided that at no time shall the FDOT be entitled to receive double recovery of
damages:
(1) Terminate this Agreement if the breach is material and has not been cured within 60
days from written notice thereof from the FDOT.
(2) Pursue a claim for damages suffered by the FDOT.
(3) Suspend the issuance of further permits to the UAO for the placement of Facilities on FDOT
property if the breach is material and has not been cured within 60 days from written notice
thereof from FDOT until such time as the breach is cured.
(4) Pursue any other remedies legally available.
(5) Perform any work with its own forces or through contractors and seek repayment for the cost
thereof under Section 337.403(3), Florida Statutes.
b. In the event that the FDOT breaches any provision of this Agreement, then in addition to any other
remedies which are otherwise provided for in the Agreement, the UAO may exercise one or more of
the following options:
(1) Terminate this Agreement if the breach is material and has not been cured within 60 days
from written notice thereof from the UAO.
(2) Pursue any other remedies legally available.
C. Termination of this Agreement shall not relieve either party from any obligations it has pursuant to
other agreements between the parties and from any statutory obligations that either party may have
with regard to the subject matter hereof.
4. Indemnification
FOR GOVERNMENT-OWNED UTILITIES:
To the extent provided by law, the UAO shall indemnify, defend, and hold harmless the FDOT and all of its
officers, agents, and employees from any claim, loss, damage, cost, charge, or expense arising out of any acts,
action, error, neglect, or omission by the UAO, its agents, employees, or contractors during the performance of
the Agreement, whether direct or indirect, and whether to any person or property to which FDOT or said parties
may be subject, except that neither the UAO, its agents, employees, or contractors will be liable under this
Page 2 of 6 Item # 9
Attachment number 2
Page 3 of 5
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form No. 710-010-57
UTILITY WORK BY HIGHWAY CONTRACTOR AGREEMENT UTILITIES
(LUMP SUM) 10/04
section for damages arising out of the injury or damage to persons or property directly caused by or resulting
from the negligence of the FDOT or any of its officers, agents, or employees during the performance of this
Agreement.
When the FDOT receives a notice of claim for damages that may have been caused by the UAO in the
performance of services required under this Agreement, the FDOT will immediately forward the claim to the
UAO. The UAO and the FDOT will evaluate the claim and report their findings to each otherwithin fourteen (14)
working days and will jointly discuss options in defending the claim. After reviewing the claim, the FDOT will
determine whether to require the participation of the UAO in the defense of the claim or to require the UAO to
defend the FDOT in such claim as described in this section. The FDOT's failure to notify the UAO of a claim
shall not release the UAO from any of the requirements of this section. The FDOT and the UAO will pay their
own costs for the evaluation, settlement negotiations, and trial, if any. However, if only one party participates in
the defense of the claim at trial, that party is responsible for all costs.
FOR NON-GOVERNMENT-OWNED UTILITIES:
The UAO shall indemnify, defend, and hold harmless the FDOT and all of its officers, agents, and employees
from any claim, loss, damage, cost, charge, or expense arising out of any acts, action, error, neglect, or
omission by the UAO, its agents, employees, or contractors during the performance of the Agreement, whether
direct or indirect, and whether to any person or property to which FDOT or said parties may be subject, except
that neither the UAO, its agents, employees, or contractors will be liable under this section for damages arising
out of the injury or damage to persons or property directly caused by or resulting from the negligence of the
FDOT or any of its officers, agents, or employees during the performance of this Agreement.
The UAO's obligation to indemnify, defend, and pay for the defense or at the FDOT's option, to participate and
associate with the FDOT in the defense and trial of any damage claim or suit and any related settlement
negotiations, shall arise within fourteen (14) days of receipt by the UAO of the FDOT's notice of claim for
indemnification to the UAO. The notice of claim for indemnification shall be served by certified mail. The
UAO's obligation to defend and indemnify within fourteen (14) days of such notice shall not be excused
because of the UAO's inability to evaluate liability or because the UAO evaluates liability and determines the
UAO is not liable or determines the FDOT is solely negligent. Only a final adjudication orjudgment finding the
FDOT solely negligent shall excuse performance of this provision bythe UAO. The UAO shall pay all costs and
fees related to this obligation and its enforcement by the FDOT. The FDOT's delay in notifying the UAO of a
claim shall not release UAO of the above duty to defend.
5. Force Majeure
Neither the UAO nor the FDOT shall be liable to the other for any failure to perform under this Agreement to the
extent such performance is prevented by an act of God, war, riots, natural catastrophe, or other event beyond
the control of the non-performing party and which could not have been avoided or overcome by the exercise of
due diligence; provided that the party claiming the excuse from performance has (a) promptly notified the other
party of the occurrence and its estimate duration, (b) promptly remedied or mitigated the effect of the
occurrence to the extent possible, and (c) resumed performance as soon as possible.
Miscellaneous
a. To the Facilities shall at all times remain the property of and be properly protected and maintained by
the UAO in accordance with the then current Utility Accommodation Manual and the current utility
permit for the Facilities.
b. Pursuant to Section 287.058, Florida Statutes, the FDOT may unilaterally cancel this Agreement for
refusal by the UAO to allow public access to all documents, papers, letters, or other material subject to
the provisions of Chapter 119, Florida Statutes, and made or received by the UAO in conjunction with
this Agreement.
Page 3 of 6 Item # 9
Attachment number 2
Page 4 of 5
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form No. 710-010-57
UTILITY WORK BY HIGHWAY CONTRACTOR AGREEMENT UTILITIES
(LUMP SUM) 10/04
C. This Agreement constitutes the complete and final expression of the parties with respect to the subject
matter hereof and supersedes all prior agreements, understandings, or negotiations with respect
thereto, except that the parties understand and agree that the FDOT has manuals and written policies
and procedures which shall be applicable at the time of the Project and the relocation of the Facilities
and except that the UAO and the FDOT may have entered into other agreements forwork not included
in Exhibit A for Facilities located within the limits of the Project. Copies of FDOT manuals, policies,
and procedures will be provided to the UAO upon request.
This Agreement shall be governed by the laws of the State of Florida. Any provision hereof found to be
unlawful or unenforceable shall be severable and shall not affect the validity of the remaining portions
hereof.
e. Time is of essence in the performance of all obligations under this Agreement.
All notices required pursuant to the terms hereof may be sent by first class United States Mail,
facsimile transmission, hand delivery, or express mail and shall be deemed to have been received by
the end of five business days from the proper sending thereof unless proof of prior actual receipt is
provided. The UAO shall have a continuing obligation to notify each District of the FDOT of the
appropriate persons for notices to be sent pursuant to this Agreement. Unless otherwise notified in
writing, notices shall be sent to the following addresses:
If to the UAO:
Mr. Bruce Griffin
Clearwater Gas System, Inc.
400 Myrtle Avenue
Clearwater, FI 33755
727-562-4900
If to the FDOT:
Ms. Sally Prescott ( District Utility Administrator)
Florida Department of Transmission VII
11201 N. McKinley Drive, 7-820
Tampa, FI 33612-6456
813-975-6151
Certification
This document is a printout of an FDOT form maintained in an electronic format and all revisions thereto by the
UAO in the form of additions, deletions, or substitutions are reflected only in an Appendix entitled Changes to
Form Document and no change is made in the text of the document itself. Hand notations on affected portions
of this document may referto changes reflected in the above-named Appendix but are for reference purposes
only and do not change the terms of the document. By signing this document, the UAO hereby represents that
no change has been made to the text of this document except through the terms of the appendix entitled
Changes to Form Document."
You MUST signify by selecting or checking which of the following applies
® No changes have been made to this Form Document and no Appendix entitled "Changes to Form
Document" is attached.
? No changes have been made to this Form Document, but changes are included on the attached Appendix
entitled "Changes to Form Document."
Page 4 of 6 Item # 9
Attachment number 2
Page 5 of 5
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form No. 710-010-57
UTILITY WORK BY HIGHWAY CONTRACTOR AGREEMENT UTILITIES
(LUMP SUM) 10/04
IN WITNESS WHEREOF, the parties hereto have executed this Agreement effective the day and year first written.
UTILITY: Clearwater Gas Systems, Inc.
BY: (Signature) DATE:
(Typed Name: )
(Typed Title: )
Recommend Approval by the District Utility Office
BY: (Signature) DATE:
FDOT Legal review
BY: (Signature) DATE:
District Counsel
STATE OF FLORIDA
DEPARTMENT OF TRANSPORTATION
BY: (Signature) DATE:
(Typed Name: Scott Collister)
(Typed Title: Director of Transportation)
FEDERAL HIGHWAY ADMINISTRATION (if applicable)
BY:
(Typed Name: )
(Typed Title: )
DATE:
Page 6 of 6 Item # 9
Attachment number 3
Page 1 of 1
APPENDIX
State of Florida Department of Transportation
UTILITY WORK BY HIGHWAY CONTRACTOR AGREEMENT
CHANGES TO FORMS DOCUMENT
FP1D: 256881-2-56-07
1. Page 6 of 6, following "IN WITNESS WHEREOF... year first within."
Add the following signature blocks following the "Utility... (Typed Title)" blank:
Countersigned:
Frank Hibbard
Mayor
City of Clearwater, Florida
By:
William B. Horne, II
City Manager
Approved as to form:
Laura Lipowski
Assistant City Attorney
Attest:
Cynthia E. Goudeau
City Clerk
Item # 9
Attachment number 4
Page 1 of 1
Engineer's Cost Estimate Lump Sum
SR 55 (US 19) Seville to SR 60, Pinellas County
FPID3 256881-2-52-01
UAO: Clearwater Gas System, Inc.
Removal of Out of Service Facilities by FOOT Contractor
Pa Item Description unit Ouan ' Unit Cost Total
1050-16-002 Pipe (removal, 2"- 4.9" diam) LF 1548 17 $26,316
1050-15-002 Pipe adjust, 2" - 4.9" diam) LF 391 20 $7,820
Subtotal $34,136
CENCEI (5°d0 ) $1,707
Subtotal $35,843
Conti enc (10%) $3,584
GRAND TOTAL $39,427
" Estimates based on Phase III plans 711412008. Estimates may be subject to change.
H:WserskMowen125 6 8 81-2 Seviiie to SR 601Engineers Cost Estimate For CWGI256881.2_rev4.x1s Ite7rg1#108
Meeting Date:8/18/2008
Y 1 ,",_1
4`k ' g Work Session
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Approve an increase to the Marine Operations budget in the amount of $850,000 to cover the increased cost of fuel for resale. (consent)
SUMMARY:
An increase to code 531000 in the Marina budget fund by $850,000 is needed to cover anticipated cost to purchase fuel for resale for
the remainder of the fiscal year.
This will be offset by a budgeted increase in revenues of $900,000 in the Marina operating budget code 347574. Cost of fuel rose during
the first two quarters at a rate that exceeded estimates established for the budget.
Type: Operating Expenditure
Current Year Budget?: Yes Budget Adjustment: Yes
Budget Adjustment Comments:
Increase code 531000 by $850,00 to offset increased cost of fuel and increase revenue in operating budget code 347574 by $900,000.
Current Year Cost: 850,000 Annual Operating Cost:
Not to Exceed: 850,000 Total Cost: 850,000
For Fiscal Year: 2007 to 2008
Appropriation Code Amount Appropriation Comment
531000 850,000
347574 900,000
Review 1) Clerk 2) Office of Management and Budget 3) Clerk 4) City Manager 5) Clerk 6) City Manager 7) Clerk 8) City
Approval: Manager 9) Clerk
Cover Memo
Item # 10
Meeting Date:8/18/2008
4`k ' g Work Session
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Authorize Supplemental Agreement 3 to an existing JPA with the FDOT for modifications to the Fixed Base Operation (FBO) Building
at Clearwater Airpark including renovation for the sewer system and ground water cleanup, increasing funding by $175,000 ($99,598
from DOT and $75,402 from City), authorize the appropriate officials to execute same and adopt Resolution 08-20.
SUMMARY:
The Florida Department of Transportation (FDOT) has agreed to increase reimbursable funding for modifications to the Fixed Base
Operation Building at Clearwater Airpark, 1000 North Hercules Avenue, including renovating the sewer system and the remediation of
contaminated groundwater. The FDOT will contribute $99,598 (approximately 57%) of the increase and the City will provide the
remaining $75,402 (approximately 43%). A 3rd Quarter amendment will increase the project budget in 315-94846, FBO Building
Improvements by $99,598 to recognize the FDOT funding. The City's portion of $75,402 will be provided by a third quarter
amendment transferring $75,402 in General Fund revenue from project 315-94803, Environmental Assessment and Cleanup to project
315-94846, FBO Building Improvements CIP.
This will supplement current funds in this grant to complete a ground water cleanup project at Clearwater Airpark.
Type:
Other
Current Year Budget?: Yes
Budget Adjustment Comments:
Budget Adjustment: Yes
FDOT contributing $99,598 (57%), City providing $75,402 (43%) from Environmental Assessement Cleanup Fund - Code 94893
Current Year Cost: 75,402
Not to Exceed: 75,402
For Fiscal Year: 07 to 08
Appropriation Code Amount
94893 75,402
Annual Operating Cost:
Total Cost:
Appropriation Comment
75,402
Review 1) Office of Management and Budget 2) Marine and Aviation 3) Office of Management and
Approval: Budget 4) Legal 5) Clerk 6) Assistant City Manager ED 7) Clerk 8) City Manager 9) Clerk
Cover Memo
Item # 11
Attachment number 1
Page 1 of 1
RESOLUTION NO. 08-20
A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA
AUTHORIZING A SUPPLEMENTAL AGREEMENT #3 TO THE
JOINT PARTICIPATION AGREEMENT BETWEEN THE CITY OF
CLEARWATER AND THE STATE OF FLORIDA, DEPARTMENT OF
TRANSPORTATION, FOR MODIFICATIONS TO THE FBO
BUILDING AT CLEARWATER AIRPARK INCREASING
DEPARTMENT AND AGENCY FUNDING BY $175,000.00 TO
INCLUDE RENOVATING THE SEWER SYSTEM AND
GROUNDWATER CLEANUP; PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Florida Department of Transportation (FDOT) has
agreed to provide funding towards modifications to the FBO building to include
renovating the sewer system and groundwater cleanup at Clearwater Airpark
under Joint Participation Agreement FM No. 41243119401, Contract No. ANW13,
a copy of which is attached hereto as Exhibit "A": now therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF CLEARWATER, FLORIDA;
Section 1. The City Council hereby accepts and approves Supplement #3
to Joint Participation Agreement between the City and the State of Florida
Department of Transportation, FM No. 41243119401, Contract No. ANW13 to
modify the FBO building to include renovating the sewer system and groundwater
cleanup at the Clearwater Airpark.
Section 2. This resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED this day of 2008
Frank V. Hibbard
Mayor
Approved as to form:
Camilo Soto
Assistant City Attorney
Attest:
Cynthia E. Goudeau
City Clerk
Resolution No 08-20
Item # 11
Attachment number 2
Page 1 of 1
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
PUBLIC TRANSPORTATION
SUPPLEMENTAL JOINT PARTICIPATION AGREEMENT
Number 03
day of April
Financial Project No.: Fund: 010 FLAIR Approp.: 088719
41243119401 Function: 637 FLAIR Obj.: 75004
Item-segment-p ase-sequence FederalNo.: NSA Org. Code: 55072020728
Contract No.: ANW13 DUNS No.: Vendor No.: F596000289002
Catalog of Federal Domestic Assistance Number: NSA Catalog of State Financial Assistance Number: 55004
THIS AGREEMENT, made and entered into this day of
by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, an agency of the State of Florida,
hereinafter referred to as the Department, and City of Clearwater
P.O. Box 4748, Clearwater, FL 34618-4748
hereinafter referred to as Agency.
WITNESSETH:
WHEREAS, the Department and the Agency heretofore on the 18th
entered into a Joint Participation Agreement; and
725-030-07
PUBLIC TRANSPORTATION
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12005
WHEREAS, the Agency desires to accomplish certain project items as outlined in the Attachment "A" appended
hereto; and
WHEREAS, the Department desires to participate in all eligible items for this project as outlined in Attachment
"A" for a total Department Share of $502,398.00
NOW, THEREFORE THIS INDENTURE WITNESSETH: that for and in consideration of the mutual benefits to flow
from each to the other, the parties hereto agree that the above described Joint Participation Agreement is to be amended
and supplemented as follows:
1.00 Project Description: The project description is amended
to provide for the Department's participation in modifications to the Fixed Base Operations building including renovating
sewer system and ground water clean-up.
Item # 11
Attachment number 2
Page 1 of 1
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2.00 Project Cost:
Paragraph 3.00 of said Agreement is increased by $175,000.00
bringing the revised total cost of the project to $ 678,500.00
Paragraph 4.00 of said Agreement is increased by $99,598.00
bringing the Department's revised total cost of the project to $ 502,398.00
3.00 Amended Exhibits:
Exhibit(s) B
4.00 Contract Time:
Paragraph 18.00 of said Agreement June
of said Agreement is amended by Attachment "A".
30th 2012
Item # 11
Attachment number 2
Page 1 of 1
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Financial Project No. 41243119401
Contract No. ANW13
Agreement Date
Except as hereby modified, amended or changed, all other terms of said Agreement dated April 18th 2005
and any subsequent supplements shall remain in full force and effect.
IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed, the day and year first
above written.
AGENCY
City of Clearwater
AGENCY NAME
SIGNATORY (PRINTED OR TYPED)
SIGNATURE
TITLE
FDOT
See attached Encumbrance Form for date of Funding
Approval by Comptroller
X&
7k)u t LEGAL ? EVIEW `J
DEPARTMENT OF TRANSPORTATION
Scott W. Collister, P.E.; CPCM
DEPARTMENT OF TRANSPORTATION
Director of Transportation Development
TITLE
Item # 11
Attachment number 2
Page 1 of 1
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Financial Project No. 41243119401
Contract No. ANW13
Agreement Date
ATTACHMENT "A"
SUPPLEMENTAL JOINT PARTICIPATION AGREEMENT
This Attachment forms an integral part of that certain Supplemental Joint Participation Agreement between
the State of Florida, Department of Transportation and City of Clearwater
P.O. Box 4748, Clearwater, FL 34618-4748
dated
DESCRIPTION OF SUPPLEMENT (Include justification for cost change):
to provide for the Department's participation in modifications to the Fixed Base Operations building including renovating
sewer system and ground water clean-up.
1. Project Cost: As Approved As Amended Net
$503,500.00 $678,500.00 $175,000.00
Total Project Cost $503,500.00 $678,500.00 $175,000.00
1. Fund As Approved As Amended Net
Department: $402,800.00 $502,398.00 $99,598.00
Agency: $100,700.00 $176,102.00 $75,402.00
$0.00 $0.00 $0.00
Total Project Cost $503,500.00 $678,500.00 $175,000.00
Comments:
Item # 11
Attachment number 2
Page 1 of 1
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Additional Page
III. MULTI-YEAR OR PREQUALIFIED PROJECT FUNDING
If a project is a multi-year or prequalified project subject to paragraphs 4.10 and 17.20 of this agreement, funds
are programmed in the Department's Work program in the following fiscal year(s):
FY N/A $0.00 FY $0.00
FY $0.00 FY $0.00
FY $0.00 FY $0.00
FY $0.00 FY $0.00
FY $0.00 FY $0.00
FY $0.00 FY $0.00
FY $0.00 FY $0.00
FY $0.00 FY $0.00
FY $0.00 FY $0.00
FY $0.00 FY $0.00
Project years may be advanced or deferred subject to Legislative appropriation or availabity of funds.
Item # 11
Meeting Date:8/18/2008
4`k ' g Work Session
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Approve Florida Recreation Development Assistance Program (FRDAP) project grant agreement for Morningside Improvements, in the
amount of $135,611, between the State of Florida Department of Environmental Protection and the City of Clearwater and authorize the
appropriate officials to execute same. (consent)
SUMMARY:
The City has been awarded a grant in the amount of $135,611 to provide renovation enhancements to outdoor recreation elements at
Morningside Recreation Center including the playground, picnic facilities and pool.
The existing playground needs to be replaced and the pool is in need of resurfacing. Both of these items are included in our Capital
Improvement project to be done this year.
The cost of the these maintenance projects have increased so that the grant is needed in order to complete them now and in the long run
save City funds.
The City 50% match of $135,611 for this project will come from $120,348 in CIP "Swimming Pool Repair & Replacement Project
(315-93271) and $15,300 from CIP 315-03230 Playground Equipment Replacement.
The park improvements (playground, picnic facilities and pool) were part of the City's capital improvement replacement program and
will require no new resources to maintain.
Type: Capital expenditure
Current Year Budget?: No Budget Adjustment:
Budget Adjustment Comments:
Create new CIP
Current Year Cost: $315,611 Annual Operating Cost:
Not to Exceed: $315,611 Total Cost:
For Fiscal Year: 2007 to 2008
Appropriation Code Amount Appropriation Comment
315-93271 $120,348 existing CIP
315-93230 $15,300 existing CIP
315-93271 $135,611 grant funds
Yes
Review 1) Office of Management and Budget 2) Parks and Recreation 3) Office of Management and Budget 4) Parks and
Approval: Recreation 5) Office of Management and Budget 6) Parks and Recreation 7) Office of Management and
Budget 8) Legal 9) Clerk 10) Assistant City Manager 11) Clerk 12) City Manager 13) Clerk
Cover Memo
Item # 12
DEP Agreement No. A9098
CSFA Number: 37.017
CSFA Title: FRDAP
FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION
FLORIDA RECREATION DEVELOPMENT ASSISTANCE PROGRAM (FRDAP)
PROJECT AGREEMENT (SFY 2008-09) - Development
This PROJECT AGREEMENT is made and entered into this day of
DONOTDA- L.008. by and between the STATE OF FLORIDA DEPARTMENT OF
ENVIRONMENTAL PROTECTION, hereinafter called the DEPARTMENT, and the
CITY OF CLEARWATER, hereinafter called the GRANTEE, a local government, in
furtherance of an approved public outdoor recreation project.. In consideration of the
mutual covenants contained herein and pursuant to section 375.075, Florida Statutes,
and chapter 620-5, Part V, Florida Administrative Code, the parties hereto agree as
follows:
1. This PROJECT AGREEMENT shall be performed in accordance with section
375.075, Florida Statutes; and chapter 620-5, Part V, Florida Administrative
Code, effective August 15, 2004, hereinafter called the RULE. The GRANTEE
shall comply with all provisions of the RULE, which is incorporated into this
PROJECT AGREEMENT as if fully set forth herein. It is the intent of the
DEPARTMENT and the GRANTEE that none of the provisions of section 163.01,
Florida Statutes, shall apply to this PROJECT AGREEMENT.
2. The DEPARTMENT has found that public outdoor recreation is the primary
purpose of the project known as Morningside Park (Florida Recreation
Development Assistance Program (FRDAP), FRDAP Project Number A09098),
hereinafter called the PROJECT, and enters into this PRO-ECT AGREEMENT
with the GRANTEE for the development of that real property, the legal
description of which shall be submitted to the DEPARTMENT as described in the
Florida Recreation Development Assistance Program Development
Commencement Documentation Checklist, DEP Form FPS-A034.
3. All forms referenced in this PROJECT AGREEMENT may be found at
deo state.] I.us/narks/oirs. Further, the GRANTEE will also receive all
DEP Agreement No. A9098, Page 1 of 10
DEP 55-231 (06/08) Item #
applicable forms for administration of project with GRANTEE'S copy of the fully
executed PROJECT AGREEMENT.
4. The GRANTEE shall' construct, or cause to be constructed, certain public
outdoor recreation facilities and improvements consisting of the following
PROJECT ELEMENTS: Renovate pool, playground, picnic facilities and other
related support facilities, as identified in the GRANTEE'S approved Grant
Application. These PROJECT ELEMENTS may be modified by the
DEPARTMENT if the GRANTEE shows good cause and the DEPARTMENT
approves the modification. PROJECT planning expenses cannot exceed 15% of
the PROJECT cost to be eligible for reimbursement. .
5. The DEPARTMENT shall, pay, on a reimbursement basis, to the GRANTEE,
funds not to exceed $135,611.00, which will pay the DEPARTMENTS share of
the cost of the PROJECT.. DEPARTMENT funding is based upon the following:
DEPARTMENT Amount: %135.611.00 _ 5 00 Lo
GRANTEE Match: $135.611.00 _ 500= % _
Type of Match: Cash/In-Kind Services and/or Land Value
If the total cost of the PROJECT exceeds the grant amount and the required
match, the GRANTEE must pay the excess cost..
6. The PROJECT reimbursement request shall include all documentation required
by the DEPARTMENT for a proper pre-audit and post-audit review. Within sixty
(60) days after receipt of the final request, the DEPARTMENTS Grant Manager
shall review the completion documentation and payment request from the
GRANTEE for the PROJECT. If the documentation is sufficient and meets the
requirements of the Florida Recreation Development Assistance Program
Completion Documentation Form, DEP Checklist, FPS-A036, referenced in s.
62D-5.058(Z)(g) of the RULE, the DEPARTMENT will approve the request for
payment..
7. In addition to the invoicing requirements contained in the paragraph above, the
DEPARTMENT will periodically request proof of a transaction (such as invoice or
payroll register) to evaluate the appropriateness of costs to the PROJECT
AGREEMENT pursuant to State guidelines (including cost allocation guidelines).
When requested, this information must be provided within thirty (30) calendar
days of the date of such request.. The GRANTEE may also be required to
submit a cost allocation plan to the DEPARTMENT in support of its multipliers
(overhead, indirect, general administrative costs, and fringe benefits). State
guidelines for allowable costs can be found in the Department of Financial
Services' Reference Guide for State Expenditures at
http:// .fldfs.co /aa it/reference°Io Faui e. which GRANTEE shall follow.
DEP Agreement No. A9098, Page 2 of 10
DEP 55-231 (06/08) Item #
8. The GRANTEE agrees to comply with the Division of Recreation and Parks'
Financial Reporting Procedures, formerly known as the Grant and Contract
Accountability Procedure, hereinafter called the PROCEDURE, incorporated into
this PROJECT AGREEMENT by reference as if fully set forth herein. A copy of
this PROCEDURE has been provided with this PROJECT AGREEMENT and
may also be found at -11www, eo.state .fl.us/ors/oirs. All purchases of
goods and services for accomplishment of the PROJECT shall be secured in
accordance with the GRANTEE'S procurement procedures. Expenses
representing the PROJECT costs, including the required matching contribution,
shall be reported to the DEPARTMENT and summarized on certification forms
provided in the PROCEDURE. The DEPARTMENT and GRANTEE agree to use
the PROCEDURE guidelines for accounting for FRDAP funds disbursed for the
PROJECT. The parties further agree that the principles for determining the
eligible costs, supporting documentation and minimum reporting requirements of
the PROCEDURE shall be used.
9. Allowable indirect costs as defined in the PROCEDURE shall not exceed 15% of
the GRANTEE'S eligible wages and salaries, unless approved in advance as
described herein. Indirect costs that exceed 15% must be approved in advance
in writing by the DEPARTMENT to be considered eligible PROJECT expenses.
10. It is understood by the GRANTEE that the amount of this PROJECT
AGREEMENT may be reduced should the Governor's Office declare a revenue
shortfall and assess a mandatory reserve. Should a shortfall be declared, the
amount of this PROJECT AGREEMENT may be reduced by the amount deemed
appropriate by the DEPARTMENT. .
11. The State of Florida's performance and obligation to pay under this PROJECT
AGREEMENT is contingent upon an annual appropriation by the Legislature.
The GRANTEE understands that this PROJECT AGREEMENT is not a
commitment of future appropriations.
12. All monies expended by the GRANTEE for the purpose contained herein shall
be subject to pre-audit review and approval by the State of Florida Chief
Financial Officer in accordance with section 17.03(2), Florida Statutes.
13. PROJECT funds may be reimbursed for eligible Preagreement Expenses (as
defined in s. 62D-5.054(34) of the RULE) incurred by GRANTEE prior to
execution of this PROJECT AGREEMENT in accordance with s. 62D-5.055(9)
of the RULE. The DEPARTMENT and the GRANTEE fully understand and
agree that there shall be no reimbursement of PROJECT funds by the
DEPARTMENT for any expenditure made prior to the execution of this
PROJECT AGREEMENT with the exception of those expenditures which meet
the requirements of the foregoing sections of the RULE.
DEP Agreement No. A9098, Page 3 of 10
DEP 55-231 (06/08) Item #
14. Prior to commencement of PROJECT development, the GRANTEE shall) submit
the documentation required by the Florida Recreation Development Assistance
Program, Commencement Documentation Checklist, DEP Form FPS-A034,
referenced in s. 62D-5.058(7)(c) of the RULE, to the DEPARTMENT.. Upon
determining that the documentation complies with the RULE, the
DEPARTMENT willl give written notice to GRANTEE to commence the
development. .
15. The GRANTEE shall) obtain all required local, state and federal permits and
approvals prior to completion of the PROJECT construction and shall) certify that
it has done so to the DEPARTMENT by completing the Project Completion
Certification, FPS-A037, referenced in s. 62D-5.058(7)(d) of the RULE.
16. This PROJECT AGREEMENT shall become effective upon execution by both
parties and the GRANTEE shall complete construction of all PROJECT
ELEMENTS on or before April 30. 2011 (hereinafter referred to as the
PROJECT completion date). Within 30 days from this date, all payment
requests and completion documentation willll be due to the DEPARTMENT.
17. Project completion means the PROJECT
public. PROJECT must be designated
reimbursement.. See Rule 62D-5.054(41).
amount wil'II be held until Completion
approved by the Department
is open and available for use by the
complete prior to release of final
Ten (10) percent of the total grant
Documents have been received and
18. The GRANTEE shall maintain books, records and documents directly pertinent
to performance under this PROJECT AGREEMENT in accordance with generally
accepted accounting principles consistently applied, including the PROCEDURE.
The DEPARTMENT, the State, or their authorized representatives shall) have
access to such records for audit purposes during the term of this PROJECT
AGREEMENT and for five years following PROJECT AGREEMENT completion
or resolution of any dispute arising under this PROJECT AGREEMENT.. In the
event any work is subcontracted, the GRANTEE shall similarly require each
subcontractor to maintain and allow access to such records for audit purposes.
19. A. In addition to the requirements of the preceding paragraph, the GRANTEE
shall comply with the applicable provisions contained in Attachment 1
Special Audit Requirements, attached hereto and made a part hereof.
Exhibit 1 to Attachment 1summarizes the funding sources supporting the
PROJECT AGREEMENT for purposes of assisting the GRANTEE in
complying with the requirements of Attachment 1 A revised copy of
Exhibit 1 must be provided to the GRANTEE for each amendment which
authorizes a funding increase or decrease. If the GRANTEE fails to
receive a revised copy of Exhibit 1, the GRANTEE shall notify the
DEPARTMENTS Grant Manager to request a copy of the updated
information.
DDEP Agreement No. A9098, Page 4 of 10
DEP 55-231 (06/08) Item #
B. The GRANTEE is hereby advised that the Federal and/or Florida Single
Audit Act Requirements may further apply to lower tier transactions that
may be a result of this PROJECT AGREEMENT. The GRANTEE shall
consider the type of financial assistance (federal and/or state) identified in
Attachment 1, Exhibit 1 when making its determination. For federal
financial assistance, the GRANTEE shall utilize the guidance provided
under OMB Circular A-133, Subpart B, Section .210 for determining
whether the relationship represents that of a subrecipient or vendor. For
state financial assistance, the GRANTEE shall utilize the form entitled
"Checklist for Nonstate Organizations Recipient/_Subrecipient vs. Vendor
Determination" (form number DFS-A2-NS) that can be found under the
"Links/Forms" section appearing at the following website:
Ifs. com/fs
The GRANTEE should confer with its chief financial officer, audit director
or contact the DEPARTMENT for assistance with questions pertaining to
the applicability of these requirements.
20. Following receipt of an audit report identifying any reimbursement due the
DEPARTMENT for the GRANTEE'S noncompliance with this PROJECT
AGREEMENT, the GRANTEE will be allowed a maximum of thirty (30) days to
submit additional pertinent documentation to offset the amount identified as
being due to the DEPARTMENT. The DEPARTMENT, following a review of the
documentation submitted by the GRANTEE, will inform the GRANTEE of the
final reimbursement due the DEPARTMENT.
21. The Grantee, as an independent contractor and not an agent, representative, or
employee of the Department agrees to carry adequate liability and other
appropriate forms of insurance. The Department shall have no liability except as
specifically provided in this Agreement. .
22. To the extent required by law, the GRANTEE will be self-insured against, or will
secure and maintain during the life of this PROJECT AGREEMENT, Workers'
Compensation Insurance for all of its employees connected with the work of this
Project and, in case any work is subcontracted, the GRANTEE shall require the
subcontractor to provide Workers' Compensation Insurance for all of the
subcontractor's employees unless such employees are covered by the protection
afforded by the GRANTEE. Such self-insurance program or insurance coverage
shall comply fully with the Florida Workers' Compensation law. In case any class
of employees engaged in hazardous work under this PROJECT AGREEMENT is
not protected under Workers' Compensation statutes, the GRANTEE shall
provide, and cause each subcontractor to provide, adequate insurance
satisfactory to the DEPARTMENT, for the protection of its employees not
otherwise protected.
DEP Agreement No. A9098; Page 5 of 10
DEP 55-231 (06/08) Item #
23. The GRANTEE covenants that it presently has no interest and shall not acquire
any interest which would conflict in any manner or degree with the performance
of services required.
24. The purchase of non-expendable equipment is not authorized under the terms of
this PROJECT AGREEMENT.
25. For the purpose of this PROJECT AGREEMENT, the DEPARTMENTS Grant
Manager shall be responsible for ensuring performance of its terms and
conditions and shall approve all reimbursement requests prior to payment.. The
GRANTEE'S Grant Manager, identified in paragraph 26, or successor, shall act
on behalf of the GRANTEE relative to the provisions of this PROJECT
AGREEMENT. The GRANTEE, shall submit to the DEPARTMENT signed
Project Status Reports, every January 5th, May 5th, and September 5th of each
year summarizing the work accomplished, problems encountered, percentage of
completion, and other information which may be requested by the
DEPARTMENT. Photographs to reflect the construction work accomplished
shall be submitted when the DEPARTMENT requests them.
26. Any and all notices required by this PROJECT AGREEMENT shall be deemed
sufficient if delivered or sent by certified mail to the parties at the following
addresses:
GRANTEE'S Grant Manager
Ms. Felicia Leonard
Administrative Support Manager
100 South Myrtle Avenue
Clearwater, FL 33756
DEPARTMENT'S Grant Manaaer
A. Diane Langston
Florida Department of Environmental
Protection
3900 Commonwealth Blvd., MS585
Tallahassee, Florida 32399-3000
27. The GRANTEE must erect a permanent information sign on the PROJECT site
which credits PROJECT funding or a portion thereof, to the Florida Department
of Environmental Protection and the Florida Recreation Development Assistance
Program. The sign must be made of appropriate materials, which will be durable
for a minimum of twenty-five (25) years after the PROJECT is complete. The
sign must be installed on the PROJECT site and approved by the
DEPARTMENT before the final reimbursement request is processed.
28. The DEPARTMENT has the right to inspect the PROJECT and any and all
records related thereto at any reasonable time.
29. This PROJECT AGREEMENT may be unilaterally canceled by the
DEPARTMENT for refusal by the GRANTEE to allow public access to all
documents, papers, letters, or other material made or received by the GRANTEE
DEP Agreement No. A9098, Page 6 of 10
DEP 55-231 (06/08) Item #
in conjunction with this PROJECT AGREEMENT unless the records are exempt
from Section 24(a) of Article I of the State Constitution and Section 119.07,
Florida Statutes.
30. A. The DEPARTMENT may terminate this PROJECT AGREEMENT at any
time in the event of the failure of the GRANTEE to fulfill any of its
obligations under this PROJECT AGREEMENT.. Prior to termination, the
DEPARTMENT shall provide thirty (30) calendar days written notice of its
intent to terminate and shall provide the GRANTEE an opportunity to
consult with the DEPARTMENT regarding the reason(s) for termination.
B. The DEPARTMENT may terminate this PROJECT AGREEMENT after
three years if the Governor does not approve certification forward of the
PROJECT funds.
31. Prior to the closing of the PROJECT, the DEPARTMENT shall have the right to a
refund, either in whole or in part, of the FRDAP funds provided to the GRANTEE
for noncompliance with the material terms of this PROJECT AGREEMENT. The
GRANTEE, upon such written notification from the DEPARTMENT, shall refund,
and shall forthwith pay to the DEPARTMENT, the amount of money demanded
by the DEPARTMENT. Interest on any refund shall begin the date that the
GRANTEE was informed that a refund was required and continues to accrue
until the date the refund and interest are paid to the DEPARTMENT.
32. The GRANTEE shall comply with all federal, state and local regulations, rules
and ordinances in developing this PROJECT. The GRANTEE acknowledges that
this requirement includes compliance with all federal, state and local health and
safety rules and regulations including all applicable building codes. The
GRANTEE further agrees to include the requirements of this paragraph in all
subcontracts made to perform this PROJECT AGREEMENT.
33. The GRANTEE may subcontract work under this PROJECT AGREEMENT
without the prior written consent of the DEPARTMENT'S Grant Manager. The
GRANTEE agrees to be responsible for the fulfillment of all work elements
included in any subcontract.. It is understood and agreed by the GRANTEE that
the DEPARTMENT shall not be liable to any subcontractor for any expenses or
liabilities incurred under the subcontract and that the GRANTEE shall be solely
liable to the subcontractor for all expenses and liabilities incurred under the
subcontract._.
34. Land owned by the GRANTEE, which is developed or acquired with FRDAP
funds, shall be dedicated in perpetuity as an outdoor recreation site by the
GRANTEE for the use and benefit of the public as stated in section 62D-5.059(1)
of the RULE.. Land under control other than by ownership of the GRANTEE,
such as by lease, shall be dedicated as an outdoor recreation area for the use
and benefit of the public for a minimum period of twenty-five (25) years from the
DEP Agreement No. A9098, Page 7 of 10
DEP 55-231 (06/08) Item #
completion date set forth in the PROJECT completion certificate. All dedications
must be recorded in the county property records by the owner, or by the
GRANTEE if the owner has given GRANTEE authority to do so. Such PROJECT
shall be open at reasonable times and shall be managed in a safe and attractive
manner appropriate for public use.
35. Failure to comply with the provisions of the RULE or the terms and conditions of
this PROJECT AGREEMENT will result in termination of the PROJECT
AGREEMENT by the DEPARTMENT. The DEPARTMENT shall give the
GRANTEE in violation of the RULE or this PROJECT AGREEMENT a notice in
writing under Paragraph 26 of the particular violations stating a reasonable time
to comply. Failure to comply within the time period stated in the written notice
shall result in termination of the PROJECT AGREEMENT and shall result in the
imposition of the terms in Paragraph 31.
36. In the event of conflict in the provisions of the RULE, the PROJECT
AGREEMENT and the Project Application, the provisions of the RULE shall'
control over this PROJECT AGREEMENT and this PROJECT AGREEMENT
shall control over the Project Application documents.
37. If the DEPARTMENT determines that site control is not sufficient under the
RULE, or has been compromised, the DEPARTMENT shall give the GRANTEE
a notice in writing and a reasonable time to comply. If the deficiency is not
corrected within the time specified in the notice, the DEPARTMENT shall
terminate this PROJECT AGREEMENT and shall impose the terms of Paragraph
31.
38. Pursuant to section 216.347, Florida Statutes, the GRANTEE is prohibited from
spending FRDAP grant funds for the purpose of lobbying the legislature, the
judicial branch, or a state agency.
39. A. No person on the grounds of race, creed, color, national origin, age, sex,
marital status or disability, shall, be excluded from participation in; be
denied the proceeds or benefits of; or be otherwise subjected to
discrimination in performance of this PROJECT AGREEMENT.
B. An entity or affiliate who has been placed on the discriminatory ' vendor list
may not submit a bid on a contract to provide goods or services to a
public entity, may not submit a bid on a contract with a public entity for the
construction or repair of a public building or public work, may not submit
bids on leases of real property to a public entity, may not award or
perform work as a contractor, supplier, subcontractor, or consultant under
contract with any public entity, and may not transact business with any
public entity. The Florida Department of Management Services is
responsible for maintaining the discriminatory vendor list which may be
found at
DEP Agreement No. A9098, Page 8 of 10
DEP 55-231 (06/08) Item #
httr)://dms.mvflorida.com/business operations/state purchasing/vendor i
nformation/convicted suspended discriminatory com lar? ints
/discriminatory Questions regarding the discriminatory
vendor list may be directed to the Florida Department of Management
Services, Office of Supplier Diversity at (850) 487-0915.
40. Each party hereto agrees that it shall be solely responsible for the wrongful acts
of its employees and agents. However, nothing contained herein shall constitute
a waiver by either party of its sovereign immunity or the provisions of section
768.28, Florida Statutes.
41. The PROJECT AGREEMENT has been delivered in the State of Florida and
shall be construed in accordance with the laws of Florida. Wherever possible,
each provision of this PROJECT AGREEMENT shall be interpreted in such
manner as to be effective and valid under applicable Florida law, but if any
provision of this PROJECT AGREEMENT shall be prohibited or invalid under
applicable Florida law, such provision shall be ineffective to the extent of such
prohibition or invalidity, without invalidating the remainder of such provision or
the remaining provisions of this PROJECT AGREEMENT. Any action hereon or
in connection herewith shall be brought in Leon County, Florida unless prohibited
by applicable law.
42. No delay or failure to exercise any right, power or remedy accruing to either party
upon breach or default by either party under this PROJECT AGREEMENT shall
impair any such right, power or remedy of either party; nor shall such delay or
failure be construed as a waiver of any such breach or default, or any similar
breach or default thereafter.
43. This PROJECT AGREEMENT is not intended nor shall it be construed as
granting any rights, privileges or interest to any third party without mutual written
agreement of the parties hereto.
44. This PROJECT AGREEMENT is an exclusive contract and may not be assigned
in whole or in part without the prior written approval of the DEPARTMENT. .
45. This PROJECT AGREEMENT represents the entire agreement of the parties.
Any alterations, variations, changes, modifications or waivers of provisions of this
PROJECT AGREEMENT shall only be valid when they have been reduced to
writing, in the form of an Amendment duly executed by each of the parties
hereto, and attached to the original of this PROJECT AGREEMENT.
DEP Agreement No. A9098, Page 9 of 10
DEP 55-231 (06/08) Item #
IN WITNESS WHEREOF, the parties hereto have caused these presents to be
duly executed on the day and year last written above.
STATE OF FLORIDA DEPARTMENT
OF ENVIRONMENTAL PROTECTION
By: _ _0_ _0_T_S_I_G_
Division Director (or Designee)
Division of Recreation and Parks
Date
O NOT DAIL
Address:
Office of Information and Recreation
Services
Division of Recreation and Parks
3900 Commonwealth Boulevard
Mail Station 585
Tallahassee, Florida 32399-3000
CITY OF CLEARWATER
By:
Printed Name:
Title:
Date
Address:
100 South Myrtle Avenue
Clearwater, FL 33756
Grantee Attorney
UE1rk"ra n
Approved as to Form and Legality:
This form has been pre-approved as to
form and legality by Suzanne Brantley,
Assistant General Counsel, on
June 12, 2008 for use for one year.
List of attachments/exhibits included as part of this Agreement:
Specify Letter/
Type Number Description (include number of pages)
Attachment 1 Special Audit Requirements (5 Pages)
DEP Agreement No. A9098, Page 10 of 10
DEP 55-231 (06/08)
Item #
Countersigned:
Frank V. Hibbard
Mayor
Approved as to form:
Laura Lipowski
Assistant City Attorney
CITY OF CLEARWATER, FLORIDA
By:
Attest:
William B. Horne, II
City Manager
Cynthia E. Goudeau
City Clerk
Item #
ATTACHMENT 1
SPECIAL AUDIT REQUIREMENTS
The admiWstration of resources awarded by the Deparlsnent of Environmental Protection (which may be referred to
as the "Department", "DEP", "EDEP" or "Grantor", or other name in the contractlagreement) to the recipient
(which may be referred to as the "Contractor", Grantee" or other name in the contract/agreement) may be subject
to audits and/or monitoring by the Department of Environmental Protection, as described in this attachment. .
MONITORING
In addition to reviews of audits conducted in accordance with OMB Circular A-133 and Section 215.97, F.S., as
revised (see "AUDITS" below), 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/or other procedures. By
entering into this Agreement, the recipient agrees to comply and cooperate with any monitoring procedures/processes
deemed appropriate by the Department of Environmental Protection. In the event the Department of Environmental
Protection deteimmes that a limited scope audit of the recipient is appropriate, the recipient agrees to comply with
any additional instructions provided by the Department to the recipient regarding such audit.. The recipient further
agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the
Chief FiPancial Offlcer or Auditor General..
AUDITS
PART I: FEDERALLY FUNDED
This part is applicable if the recipient is a State or local government or a non-profit organization as defined in OMB
Circular A-133, as revised.
L In the event that the recipient expends $500,000 or more in Federal awards in its fiscal year, the recipient
must have a single or program-specific- audit conducted in accordance with the provisions of OMB Circular A-133,
as revised. EXHIBIT 1 to this Agreement indicates Federal funds awarded through the Department of Environmental
Protection by this Agreement.. In determining the Federal awards expended in its fiscal year, the recipient shall
consider all sources of Federal awards, including Federal resources received from the Department of Environmental
Protection. 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 recipient conducted by the Auditor General in
accordance with the provisions ofOMB Circular A-133, as revised, will meet the requirements of this part.
2. In connection with the audit requirements addressed in Part I, paragraph 1, the recipient shall fulfill the
requirements relative to auditee responsibilities as provided in Subpart C ofOMB Circular A-133, as revised.
3. If the recipient expends less than $500,000 in Federal awards in its fiscal year, an audit conducted in
accordance with the provisions ofOMB Circular A-133, as revised, is not required. In the event that the recipient
expends less than $500,000 in Federal awards in its fiscal year and elects to have an audit conducted in accordance
with the provisions ofOMB Circular A-133, as revised, the cost of the audit must be paid from non-Federal
resources (i.e., the cost of such an audit must be paid from recipient resources obtained from other than Federal
entities ).
4. The recipient may access information regarding the Catalog of Federal Domestic Assistance (CFDA) via
the internet at httn://12.46.245.173/cfda/cfda.html....
DE? 55-215 (02107)
DEP Agreement No. A9098, Attachment 1, Page 1 of 5 Item #
PART II: STATE FUNDED
This part is applicable if the recipient is a nonstate entity as defined by Section 215.97(2)(m), Florida Statutes.
1. In the event that the recipient expends a total amount of state financial assistance equal to or in excess of
$500,000 in any fiscal year of such recipient, the recipient must have a State single or project-specific audit for such
fiscal year in accordance with Section 215.97, Florida Statutes; applicable rules of the Department of Financial
Services; and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules
of the Auditor General._ EXHIBIT I to this Agreement indicates state financial assistance awarded through the
Department of Environmental Protection by this Agreement.. In detemlining the state financial assistance expended
in its fiscal year, the recipient shall consider all sources of state financial assistance, including state financial
assistance received from the Department of Environmental Protection, other state agencies, and other nonstate
entities. State financial assistance does not include Federal direct or pass-through awards and resources received by
a nons tate entity for Federal program matching requirements.
2. In connection with the audit requirements addressed in Part II, paragraph I, the recipient shall. ensure that
the audit complies with the requirements of Section 215.97(7), Florida Statutes. This includes submission of
a financial reporting package as defined by Section 215.97(2), Florida Statutes, and Chapters 10.550 (local
governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General._.
3. If the recipient expends less than $500,000 in state financial assistance in its fiscal year, an audit conducted
in accordance with the provisions of Section 21597, Florida Statutes, is not required. In the event that the
recipient expends less than $500,000 in state financial assistance in its fiscal year, and elects to have an
audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, the cost of the audit
must be paid from the non-state entity's resources (i.e., the cost of such an audit must be paid from the
recipient's resources obtained from other than State entities).
4. For information regarding the Florida Catalog of State Financial Assistance (CSFA), a recipient should
access the Florida Single Audit Act website located at htt?s:'-alsps.fldfs.coni4- ,aa for assistance. In
addition to the above websites, the follo,%dng websites may be accessed for information: Legislature's
Website at htt? b date [I uc4Wekome index efm State of Florida's website at
hftrr ` vvvw mv?f lori l7 eon Department of Financial Services' Website at htt;; ` vvvw f I rlfc comand the
Auditor General's Website at hlt?;_ state fl ins,midg"
PART III: OTHER AUDIT REQUIREMENTS
(NOTE: This part would be used to speed any additional audit requirements imposed by the State awarding entity'
that are solely a matter of that State awarding entity's policy (i.e., the audit is not required by Federal or State laws
and is not in conflict with other Federal or State audit requirements). Pursuant to Section 215.97(8), Florida
Statutes, State agencies may conduct or arrange for audits of State financial assistance that are in addition to audits
conducted in accordance with Section 215.97, Florida Statutes. In such an event, the State awarding agency must
arrange for funding the full cost of'sueh additional audits.)
PART IV: REPORT SUBMISSION
1. Copies of reporting packages for audits conducted in accordance with OMB Circular A-133, as revised, and
required by PART I of this Attachment shall be submitted, when required by Section .320 (d), OMB
Circular A-133, as revised, by or on behalf of the recipient dir lv to each of the following:
DEP 55-215 (02,07)
DEP Agreement No. A9098, Attachment 1, Page 2 of 5 Item #
A . The Department of Environmental Protection at the following address:
Audit Director
Florida Department of Environmental Protection
Office of the Inspector General, MS 40
3900 Commonwealth Boulevard
Tallahassee, Florida 32399-3000
B. The Federal Audit Clearinghouse designated in OMB', Circular A-133, as revised (the number of
copies required by Sections .320 (d)(t) and (2), OMB Circular A-133, as revised, should be
submitted to the Federal Audit Clearinghouse), at the followiing addiiess:
Federal Audit Clearinghouse
Bureau of the Census
1201 East 10th Street
Jeffersonville, IN 47132
C. Other Federal agencies and pass-through entities in accordance with Sections .320 (e) and (I),
OMB Circular A-133; as revised.
2. Pursuant to Section .320(1), OMB Circular A-133, as revised, the recipient shall submit a
copy of the reporting package described in Section .320(c), OMB Circular A-133, as revised, and
any management letters issued by the auditor, to the Department of Environmental Protection at the
following address:
Audit Director
Florida Department of Environmental Protection
Office of the Inspector General, MS 40
3900 Commonwealth Boulevard
Tallahassee, Florida 32399-3000
3. Copies of financial reporting packages required by PART II of this Attachment shall be submitted by or on
behalf of the recipient directly to each of the following:
A. The Department of Environmental Protection at the following address:
Audit Director
Florida Department of Environmental Protection
Office of the Inspector General, MS 40
3900 Commonwealth Boulevard
Tallahassee, Florida 32399-3000
B. The Auditor General's Office at the following address:
State of Florida Auditor General
Room 401, Claude Pepper Building
111 West Madison Street
Tallahassee, Florida 32399-1450
DEP 55-2 J 5 (02 07)
DEP Agreement No. A9098, Attachment 1, Page 3 of 5 Item #
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
4. Copies of reports or management letters required by PART III of this Attachment shall be submitted by or
on behalf of the recipient directly to the Department of Environmental Protection at the following address:
Audit Director
Florida Department of Envirionmental Protection
Office of the Inspector General, MS 40
3900 Commonwealth Boulevard
Tallahassee, Florida 32399-3000
5. Any reports, management letters, or other information required to be submitted to the Department of
Environmental Protection pursuant to this Agreement shall be submitted tawly in accordance with OMB
Circular A-133, Florida Statutes; or Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and
for-profit organizations), Rules of the Auditor General, as applicable.
6. Recipients, when submitting financial reporting packages to the Department of Environmental Protection
for audits done in accordance with OMB Circular A-133, or Chapters 10.550 (local governmental entities) or 10.650
(nonprofit and for-profit organizations), Rules of the Auditor General, should indicate the date that the reporting
package was delivered to the recipient in correspondence accompanying the reporting package.
PART V: RECORD RETENTION
The recipient shall retain sufficient records demonstrating its compliance with the terms of this Agreement for a
period of 5 years from the date the audit report is issued, and shall allow the Department of Environmental
Protection, or its designee, Chief Financial Officer, or Auditor General access to such records upon request.. The
recipient shall ensure that audit working papers are made available to the Department of Environmental Protection,
or its designee, Chief Financial Officer, or Auditor General upon request for a period of 3 years from the date the
audit report is issued, unless extended in writing by the Department of Environmental Protection.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
DEP 55-215 (020)
DEP Agreement No. A9098, Attachment 1, Page 4 of 5 Item #
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Meeting Date:8/18/2008
4`k ' g Work Session
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Ratify and confirm staff submission of grant request to Florida Department of Elder Affairs 2008-2009 Senior Center Fixed Capital
Outlay Grant (SCO) for the Senior Center at the Long Center in the amount of $727,500. (consent)
SUMMARY:
The State of Florida appropriated $10 million non-recurring tobacco funds for senior center fixed capital outlays in the 2008/2009
appropriations, which are available through a grant opportunity.
The Parks and Recreation Department is negotiating an amendment to the agreement with UPARC to release 8,500 sq. ft. of space to
the City at the Long Center to operate the City's first multi-purpose senior center. The City will renovate, equip and furnish this space
through the SCO grant as a multi-service senior center. The senior center will expand programs and services for Clearwater's large and
growing senior community. The Office on Aging will partner with organizations and businesses to provide these programs.
The proposed project will cost $970,000 of which 75% or $727,500 will be provided by the grant and 25% or $242,500 as a match.
Staff is proposing that the City's match come from CIP 315-94524, Long Center Major Infrastructure Improvements. There is a balance
of funds in this code that can be allocated to this project, since the funds are designated for major building improvements to the Long
Center facility.
Total operating cost impact will be approximately $102,000 per year requiring an additional 1.5 FTE's.
An endowment fund is being developed to address the senior center's operating costs. The environment to secure this endowment is
favorable as staff is working with Senior Citizens Services, Inc. to secure an endowment.
If the endowment is not fully realized prior to the completion of the senior center renovations, then the Parks and Recreation
Department will reallocate personnel and resources from existing facilities, which may include the Office on Aging Manager assuming
some operational responsibilities at the Center.
Review Approval: 1) Office of Management and Budget 2) Legal 3) Clerk 4) Assistant City Manager 5) Clerk 6) City Manager 7) Clerk
Cover Memo
Item # 13
Meeting Date:8/18/2008
4`k ' g Work Session
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Approve the First Amendment to Agreement between the City of Clearwater and The Upper Pinellas Association for Retarded Citizens,
Inc., for the use of certain portions of The Long Center and authorize the appropriate officials to execute same. (consent)
SUMMARY:
The Council approved an agreement between The Upper Pinellas Association for Retarded Citizens, Inc. (UPARC) and the City for the
management and maintenance of the Long Center on October 7, 2004. The agreement was a five-year Partnership and Operational
Support Agreement, with automatic renewable successive five-year periods, for the use of certain portions of the Long Center to
provide management, maintenance and programming for citizens with moderate to severe developmental disabilities.
This Amendment provides for several changes to the current agreement.
• Provides approximately 7,500 sq. ft. of workspace, including current cafeteria area and 2 classrooms to be operated by the City.
This is delineated in revised Exhibit "B" of the document.
• Reduces utility bill reimbursement by 10% from UPARC or approximately $1,200 per month due to reduced square footage.
• City assumes responsibility for major capital items of HVAC and roof (as we do with other leased facilities).
It is proposed to use the areas being assumed by the City for dedicated senior programming at the Long Center. Needed renovations to
the facility include roofing and HVAC improvements estimated at approximately $1.2 miillion, and will need to be performed sometime
in the next 5 to 10 years. Appropriate funding recommendations for this project will be forthcoming upon acceptance of the grant.
Staff is currently working with Senior Citizens Service to secure ongoing operating dollars for the new program spaces. Construction
contracts as well as programming alternatives will be brought back to City Council at a future date.
This agreement will allow for UPARC to continue their many programs and activities that benefit the citizens with developmental
disabilities.
Funding for this amendment is available in the current and proposed Parks and Recreation operating budget.
Type:
Operating Expenditure
Current Year Budget?: Yes
Budget Adjustment Comments:
Current Year Cost: $2,400
Not to Exceed: $2,400
For Fiscal Year: 2008 to 2009
Appropriation Code Amount
Budget Adjustment: No
Annual Operating Cost: $14,400
Total Cost: $16,800
Appropriation Comment
010-01816-542200-572-000 $16,800
Review 1) Office of Management and Budget 2) Parks and Recreation 3) Office of Management and
Approval: Budget 4) Legal 5) Clerk 6) Assistant City Manager 7) Clerk 8) City Manager 9) Clerk Cover Memo
Item # 14
Attachment number 1
Page 1 of 2
FIRST AMENDMENT TO AGREEMENT
THIS Amendment to that certain Agreement ("Agreement") dated October 18,
2004, is hereby made and entered into on , 2008, between the
CITY OF CLEARWATER, FLORIDA, a municipal corporation of the State of Florida,
("City") and THE UPPER PINELLAS ASSOCIATION FOR RETARDED CITIZENS,
INC., a Florida non-profit corporation, ("Agency").
WHEREAS, City and Agency agree to amend the Agreement between the two
parties to decrease the area to be occupied and used by Agency; and,
WHEREAS, the Agency's responsibility for certain costs related to its use and
occupation shall be correspondingly decreased on a pro-rata basis.
NOW THEREFORE, the Agreement is hereby amended as follows:
1. The City and Agency agree that certain areas of the building will be
returned to the City for the City's use in conjunction with the Center as reflected in
Amended Exhibit "B", attached hereto and incorporated herein. Amended Exhibit "B"
shall supersede Exhibit "B" in all respects and shall be binding on the parties.
2. Article II, Paragraph 5(a)(2) is amended to provide that the Agency pay
40% of the following enumerated costs and shall read: For the following items that are
shared with the City, the Agency will be billed monthly to pay 40% of the bill, payable by
the 20th of the month.
• Water - domestic (excludes pool water)
• Sewer
• Storm Water
• Gas (for hot water heater boiler)
• Utility Tax
• Fire Alarm Maintenance
• Electricity (excludes the aquatic facility, athletic field lights, playground
lights and concession area meters)
3. Article II, Paragraph 5(c) is amended to provide that Agency no longer be
responsible for air conditioner and roof capital maintenance and shall read as follows:
The Agency will provide replacement maintenance for all major capital components of
the building including painting, plumbing and electrical for all areas described in Exhibit
"B„
4. Article III, Paragraph 2(f) is added to provide that the City shall be
responsible for air conditioner and capital maintenance and shall read as follows: The
City shall provide for replacement maintenance for all major capital components of the
roof and HVAC system for all areas of the Center, including the area as described in
Amended Exhibit "B".
1 Item # 14
Attachment number 1
Page 2 of 2
IN WITNESS WHEREOF, the parties have executed this Amendment the day
and year first above written.
Countersigned:
CITY OF CLEARWATER, FLORIDA
By:
Frank V. Hibbard William B. Horne, II
Mayor City Manager
Approved as to form:
Attest:
Laura Lipowski Cynthia E. Goudeau
Assistant City Attorney City Clerk
THE UPPER PINELLAS ASSOCIATION
FOR RETARDED CITIZENS, INC.
By:
Printed Name:
Thomas J. Buckley, EdD
Executive Director
Upper Pinellas Association of Retarded Citizens
2 Item # 14
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Meeting Date:8/18/2008
4`k ' g Work Session
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Approve an Interlocal Agreement between the CRA and the City of Clearwater to provide CRA funding in the amount of $134,023.46
to underwrite the cost of two additional Community Policing officers and related equipment by the Clearwater Police Department in the
East Gateway CRA District, pursuant to the recently adopted East Gateway District Five-Year Action Plan and authorize the
appropriate officials to execute same. (consent)
SUMMARY:
1. On August 18, 2008, the CRA approved the Interlocal Agreement to provide Tax Increment Financing (TIF) funding to The City
Of Clearwater in the amount of $134,023.86 to provide two (2) Community Police officers and related equipment to the CRA area of
the East Gateway.
2. The term of this Interlocal Agreement will be October 1, 2008 through September 30, 2009.
3. The TIF funds paid to the City of Clearwater by the CRA will be done pursuant to Section 163.361(1), Florida Statutes, and will
be used to provide a more visible community policing presence within the East Gateway neighborhood.
Review Approval: 1) Legal 2) Clerk 3) Assistant City Manager 4) Clerk 5) City Manager 6) Clerk
Cover Memo
Item # 15
Attachment number 1
Page 1 of 6
INTERLOCAL AGREEMENT
This Interlocal Agreement is made and entered into this day of
, 20087 by and between the Community Redevelopment Agency
of the City of Clearwater, Florida (CRA), a redevelopment agency established
pursuant to law, and the City of Clearwater (CITY), a municipal corporation of the
State of Florida.
WHEREAS, this Agreement is made and entered between the parties
pursuant to Section 163.01, Florida Statutes, the "Florida Interlocal Cooperation
Act of 1969"; and
WHEREAS, Section 163.361(1) of the Florida Statutes allows for the use
of Tax Increment Funding (TIF) funds for community policing innovations in
Community Redevelopment Areas; and
WHEREAS, the CRA has established a Five Year Plan which contains an
East Gateway Character District Strategy, which includes the element to "provide
a more visible community policing presence within the East Gateway
neighborhood"; and
WHEREAS, the CRA has ascertained that the East Gateway area is in
critical need of community policing presence in order to specifically reduce drug
dealing, prostitution, and street crimes in the target area; and
WHEREAS, the CRA desires, through the use of TIF funds, to enhance
the community policing presence, specifically in the East Gateway area; and
WHEREAS, the CRA and the CITY wish to enter into an Interlocal
Agreement in order to provide for the CRA's financial contribution to provide
additional community policing presence by the CITY in the East Gateway area
above and beyond the current activity levels; and
WHEREAS, the CRA and the CITY desire to enter into an Interlocal
Agreement outlining the scope of services and responsibilities of the parties.
NOW THEREFORE, in consideration of the covenants made by each
party to the other and of the mutual advantages to be realized by the parties
hereto, the CRA and the CITY agree as follows:
Section 1. Term. The term of this Interlocal Agreement will be October
1, 2008 through September 30, 2009.
Section 2. Intent. It is the intent of the parties that the TIF funds paid to
the CITY by the CRA pursuant to Section 163.361 (1), Florida Statutes, be used
Item # 15
Attachment number 1
Page 2 of 6
to provide a more visible community policing presence within the East Gateway
neighborhood.
Section 3. Responsibilities of the CRA
1. Function:
a. Provide TIF funding in the total amount of $134,023.86 for
the contract year, said funds to be utilized by the Clearwater
Police Department (CPD) to provide the community policing
presence, to be allocated in the following manner:
b. $127,444.04 to pay for the salaries, benefits and equipment
for two (2) police officers for the contract year. Exhibit "A,"
Position Enhancement Fact Sheet, attached hereto and
incorporated by reference, contains detailed specifications
on salary, benefits and equipment.
C. $2,829.82 to purchase two (2) fully equipped police bicycles
as a cost of $1,414.91 each.
d. $3,750.00, the estimated fuel cost for the contract year for a
police vehicle used by the two (2) police officers within the East Gateway Area.
Section 4. Responsibilities of the CITY
1. Scope of Duties. The services that the CITY will provide will be
carried out the CPD. These services are:
A) Implementation of a Law Enforcement Strategy in the East
Gateway area as follows:
Goal: Reduce drug dealing, prostitution, and street crimes.
1. Objective 1: Remove identified dealers and career criminals
from the area.
Tasks:
a) Identify the drug dealers in the area.
b) Gather intelligence information utilizing undercover
techniques and surveillance equipment.
C) Develop confidential informants to assist in furthering
criminal investigations of the "worst of the worst."
Outcome Measures:
a) Develop two (2) confidential informants in the target
area.
2 Item # 15
Attachment number 1
Page 3 of 6
b) Increase by 25% the number of criminal charges filed
against drug dealers in the target area.
2. Objective 2: Reduce incidence of prostitution and
solicitations by "Johns" in the target area.
Tasks:
a) Conduct reverse prostitution "stings" utilizing police
officers as decoys.
b) Utilize directed patrol to discourage prostitutes and
"Johns" from frequenting the area.
C) Impound vehicles of "Johns) who are arrested for
soliciting prostitutes or police decoys in the area.
d) Coordinate with the City's Community Response
Team to enhance code enforcement in the target area
relative to hotels that are know to be utilized by
prostitutes.
Outcome measures:
a) Conduct minimum of three (3) reverse sting
operations annually.
b) Conduct minimum of two (2) inspections annually in
conjunction with Community Response Team of
hotels used by prostitutes.
3. Objective 3: Reduce crimes committed by and against
homeless individuals in the target area.
Tasks:
a) Utilize directed patrol in areas known to be frequented
by homeless individuals.
b) Enforce "Rules of Conduct" as set forth by the
Clearwater Homeless Intervention Project (including
prohibitions against panhandling, public drinking,
public urination, loitering, etc.)
Outcome Measures:
a) Increase arrests and citations for violations of criminal
law or ordinances by 25% over a five-year period.
B) In order to carry out the Law Enforcement Strategy
referenced above, the CDP will provide the following:
1. Two (2) fully equipped police officers to provide law
enforcement services to the target area defined as the
East Gateway for a minimum of eight (8) hours per
day, five (5) days per week.
2. Specific duties, activities, and responsibilities:
3 Item # 15
Attachment number 1
Page 4 of 6
a) The officers will be assigned to a Community
Policing Team with geographical responsibility
for the East Gateway.
b) The Team assignment will always ensure
coverage by two (2) officers.
C) Schedules of the officers will vary, but
coverage will be predominately during evening
hours.
d) Officers will patrol by both vehicles and
bicycles.
e) A report of police activities and statistical
information will be provided to the CRA on a
scheduled basis.
f) The officers selected will be experienced,
current member of the CPD.
3. An existing, fully-equipped Crown Victoria Police Car.
C) All CRA funds pursuant to this agreement will be kept in the
CPD's departmental account and will be segregated for
accounting purposes in the City records.
D) No charges to the CRA account will be made for activities or
hours worked by the two (2) officers outside the CRA area,
or for equipment used outside the CRA area.
D) Other administrative duties as mutually agreed.
Section 5. Notice. Sixty (60) days notice by either party to the
other pursuant to the Interlocal Agreement shall be given in writing and hand-
delivered or mailed as follows:
Chairperson, Board of Trustees
Community Redevelopment Agency
112 South Osceola Avenue
Clearwater, Florida 33756
City of Clearwater
Attn: Rod Irwin, Asst City Mgr. for Econ. Development
112 South Osceola Avenue
Clearwater, Florida 33756
Telephone: (727) 562-4040
Section 6. Entire Agreement. This document embodies the whole
Agreement of the parties. There are no promises, terms, conditions or
4 Item # 15
Attachment number 1
Page 5 of 6
allegations other than those contained herein. This Agreement shall be binding
on the parties, their successors, assigns and legal representatives.
Section 7. Indemnification. The CRA and the CITY agree to be fully
responsible for their own acts of negligence, or their respective agents' acts of
negligence when acting within the scope of their employment, and agree to be
liable for any damages resulting from said negligence only to the extent permitted
by Section 768.28, Florida Statutes. Nothing herein is intended to nor shall it be
construed as a waiver of any immunity from or limitation from liability that the
CRA and the CITY are entitled to under the doctrine of sovereign immunity
(Section 768.28, Florida Statutes). Nothing herein shall be construed as consent
by the CRA or the CITY to be sued by third parties in any manner arising out of
this Agreement.
Section 8. Maintenance of Effort. The expenditures authorized by this
Agreement are solely and exclusively to increase community policing activity and
resources. The City agrees that no diminishment of existing police efforts in the
East Gateway will occur as a result of this agreement.
Section 8. Filing Effective Date. As required by Section
163.01(11), Florida Statutes, the Interlocal Agreement shall be filed with the
Clerk of the Circuit Court of Pinellas County after execution by the parties, and
shall take effect upon the date of filing.
IN WITNESS WHEREOF, the parties hereto, or their law representatives,
have executed this agreement as the date first above written.
COMMUNITY REDEVELOPMENT AGENCY
OF THE CITY OF CLEARWATER, FLORIDA
By:
Frank Hibbard, Chairperson
ATTEST:
By:
Cynthia E. Goudeau, City Clerk
5 Item # 15
Attachment number 1
Page 6 of 6
Countersigned:
Frank V. Hibbard
Mayor
Approved as to form:
Pamela K. Akin
City Attorney
CITY OF CLEARWATER, FLORIDA
By:
William B. Horne II
City Manager
Attest:
Cynthia E. Goudeau
City Clerk
6
Item # 15
Meeting Date:8/18/2008
4`k ' g Work Session
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Approve renewing a contract with the Pinellas County Sheriff's Office, Largo, Florida, for latent fingerprint, crime scene processing,
evidence and property storage and Pinellas Juvenile Assessment Center services, during the one year contract period commencing
October 1, 2008, through September 30, 2009, at a cost of $647,362.00 and authorize the appropriate officials to execute same.
(consent)
SUMMARY:
The Pinellas County Sheriff's Office (PCSO) and the Clearwater Police Department (CPD) began annual contractual agreement
for services in January 1994. The agreements covered\ latent fingerprint examination, property/evidence storage, and crime scene
processing services.
The total cost of the proposed FY 2008/2009 agreement is $647,362.00. The contractual price reflects an increase of
approximately 14% for currently provided services and an additional $57,362 for PJAC security. CPD has never been charged for this
service.
The proposed contractual agreement reflects the following breakout of costs: Fingerprint Services - $95,620.00; Forensic Science
Services (Crime Scene Processing) - $352,000.00 (2,200 calls @ $160.00 per call), requests for services in excess of 2,200 calls will be
invoiced monthly at a rate of $160.00 per call. In addition, any funds from unused calls for service from FY 2008/2009 shall be applied
toward the following year's contractual agreement; Evidence and Property Service and Storage - $142,380.00. This cost is inclusive of
personnel and storage costs, and is an increase of $79,878 over FY 2007/2008 charges for the same category. The Sheriffs previous
charges have not covered his cost for providing these services. In order to bring the fees up to a level to cover his costs, the rates will be
increased over the next two years. This year's increase represents the main reason for the 14% overall increase in the cost for this
contract.
Additionally, for the first time PCSO is charging all Pinellas County law enforcement agencies their respective share of the cost of
providing security for the Pinellas Juvenile Assessment Center (PJAC). Clearwater's share is $57,362.00 based on the number of
juvenile bookings made by CPD into PJAC the previous year, totaling 667, reflecting a cost of $86.00 per booking. Billing for requests
for service in excess of the 667 bookings during the term of this contract shall be invoiced at the rate of $86.00 per booking. Any excess
funds from unused bookings will carry over to the following year.
Funding for this contractual agreement is proposed in the Police Department's F/Y 2008/2009 operating budget.
Type:
Operating Expenditure
Current Year Budget?: None
Budget Adjustment Comments:
Current Year Cost:
Not to Exceed:
-0-
For Fiscal Year:
2008 to 2009
Appropriation Code Amount
010-01121-530300-521-000 $647,362.00
Budget Adjustment: None
Annual Operating Cost:
Total Cost: $647,362.00
Appropriation Comment
Cover Memo
Item # 16
Review Approval: 1) Clerk
Attachment number 1
Page 1 of 9
AGREEMENT
COMES NOW, the CITY OF CLEARWATER, FLORIDA, a municipal corporation
(hereinafter "CITY"), JIM COATS, as Sheriff of Pinellas County, Florida, (hereinafter
"SHERIFF") and PINELLAS COUNTY, a political subdivision of the State of Florida,
(hereinafter "BOARD") and agree as follows:
WHEREAS, the CITY desires to contract with the SHERIFF for assistance in examining
latent fingerprints derived from crime scenes within the CITY and from suspects and victims of
crimes occurring within the municipal limits of the CITY, and;
WHEREAS, the CITY desires to contract with the SHERIFF for crime scene services and
evidence and property storage for the CITY OF CLEARWATER Police Department, and;
WHEREAS, the SHERIFF has available personnel to perform such services for the
CITY;
WHEREAS, the CITY desires to contract with the SHERIFF for the provision of security
at the Juvenile Assessment Center; and
WHEREAS, both the CITY and the SHERIFF believe the provision of such services as
hereinafter described is in the best interest of the safety and welfare of the citizens of the CITY
and of Pinellas County and that such will facilitate the investigation of criminal activity and the
apprehension of persons engaging in such activity;
NOW, THEREFORE, in consideration of the mutual covenants and promises set forth
below, the parties hereto agree as follows:
Item # 16
Attachment number 1
Page 2 of 9
1. LATENT PRINT SERVICES
A. The SHERIFF shall provide to the CITY latent print examination and
analysis services.
B. Latent Print Examiners who perform these services shall be appropriately
trained and qualified to examine latent fingerprints and to identify same.
C. Said Examiners shall be members of the Pinellas County Sheriff's Office
and shall be subject to the direction and all rules and regulations of the SHERIFF.
D. Said Examiners shall be on duty to perform fingerprint examinations for
the CITY eight (8) hours per day, five (5) days per week and shall as a part of their duties:
1. Examine fingerprints provided by the CITY to eliminate fingerprints
of persons who have a legitimate reason to have their fingerprints in a
premise or on an object.
2. Evaluate the quality of latent fingerprints provided by the CITY.
3. Compare the latent fingerprints of suspects provided by the CITY.
4. Appropriately document those latent fingerprints provided by the
CITY which cannot be positively identified.
5. Prepare and provide to the CITY reports on all latent fingerprint
identifications performed.
6. Attend depositions, hearings and trials and render expert testimony in
the area of fingerprint identification.
E. In those instances where the CITY submits a complex or lengthy latent
identifieation request, the SHERIFF shall devote the necessary available personnel to perform
the work.
F. The CITY shall provide one individual, to be designated by the CITY,
who shall act as a liaison with the Examiners provided for herein. Said liaison shall:
2
Item # 16
Attachment number 1
Page 3 of 9
1. Be a member of the CITY Police Department.
2. Be responsible for the timely and appropriate delivery of latent
fingerprints and certain items of evidence to the SHERIFF.
3. Be responsible for the proper execution and delivery to the SHERIFF
of correctly executed latent fingerprint request forms.
4. Be responsible for the return to the CITY of completed latent
fingerprint request forms showing the results of such examination or
comparison.
5. Serve as the SHERIFF's contact with the CITY in all day to day
matters relating to the examination of latent fingerprints pursuant to
this Agreement.
G. ' The CITY shall pay to- the BOARD the sum of NINETY-FIVE
THOUSAND SIX HUNDRED AND TWENTY DOLLARS ($95,620.00) for the latent
fingerprint services to be rendered pursuant to this Agreement.
2. FORENSIC SCIENCE SERVICES
A. The SHERIFF will provide to the CITY, upon request by the CITY,
Forensic Science Services to document, process and collect evidence at crime scenes within the
CITY. Said services shall include the photographing or otherwise documenting said crime scene
as such may be appropriate, within the scope and capabilities of the SHERIFF. Any processing
or testing outside SHERIFF's capabilities shall be at the expense of the CITY but will be
facilitated by SHERIFF.
B. The SHERIFF shall provide to the CITY Police Department copies of all
crime scene reports generated by SHERIFF's personnel pursuant to this Agreement.
3
Item # 16
Attachment number 1
Page 4 of 9
C. The CITY shall pay to the BOARD the sum of ONE HUNDRED SIXTY
DOLLARS ($160.00) for each crime scene processed by the SHERIFF and shall guarantee a
minimum of 2,200 calls for service during the period of this Agreement. For all requests for
service in excess of 2,200 calls for service during the period of this Agreement, the CITY shall
pay to the BOARD the sum of ONE HUNDRED SIXTY DOLLARS ($160.00) for each crime
scene processed pursuant to this Agreement.
D. The CITY shall pay to the BOARD the sum of THREE HUNDRED
FIFTY-TWO THOUSAND DOLLARS ($352,000.00) for the 2,200 calls for service for the
period of this Agreement.
E. Billing for requests for service in excess of 2,200 calls during the period of
this Agreement shall be invoiced monthly at the rate of ONE HUNDRED SIXTY DOLLARS
($160.00) per call.
F. Any funds from unused calls for service from FY 2008/2009 shall be
applied towards next year's Agreement.
G. The parties agree that the term "call for services" as used herein shall be
defined as an incident, event or offense that requires a report or offense number made, recorded
or taken by a member of the CITY Police Department for documentation purposes and which
requires some reportable action by a SHERIFF's Forensic Science Specialist. All services
rendered under the same case number shall be deemed one call for service. Such offense
numbers shall be used to calculate calls for service with each offense number which results in a
request for services being deemed a call for services.
4
Item # 16
Attachment number 1
Page 5 of 9
3. EVIDENCE AND PROPERTY SERVICE AND STO
A. During the term of this Agreement, the SHERIFF agrees to provide to the
CITY storage, release and disposition of all seized evidence, found property and property being
held for safekeeping as defined by Florida Statutes and the City of Clearwater Code of
Ordinances within the SHERIFF's Evidence and Property Storage Facility, except for non-
evidentiary bicycles and breath, blood or urine samples obtained from persons suspected of
operating vehicles or vessels while under the influence of alcohol or drugs, which samples shall
be maintained by the Pinellas County Medical Examiner's Office.
B. ' The SHERIFF shall also transport drug items to and from the County lab
as determined by the CITY Police Department. The SHERIFF shall be responsible for
transporting all items of property or evidence as aforesaid from the CITY Police Department and
transporting same to secure storage facilities maintained by the SHERIFF. However, where such
items of property or evidence are large, voluminous, heavy or otherwise not compatible with
transport by ordinary courier, it shall be the responsibility of the CITY Police Department to
transport such items to the SHERIFF's Evidence and Property Storage Facility.
C. The SHERIFF shall store and maintain chain of custody of all evidence
and other property in accordance with current general orders and SOPs.
D. All evidence and other property seized, found or held for safekeeping by
-the SHERIFF for the CITY. Police Department shall be disposed of in accordance with Florida
law or as otherwise ordered by a court of law. Nothing herein shall prevent the CITY from
retaining any of its evidence or other property as part of the CITY's inventory of property or
donated by the CITY to a qualified non-profit organization in accordance with Florida law.
5
Item # 16
Attachment number 1
Page 6 of 9
E. The CITY shall pay to the BOARD the sum of ONE HUNDRED FORTY-
TWO THOUSAND THREE HUNDRED EIGHTY DOLLARS ($142,380.00) for the property
and evidence service and storage. This cost is inclusive of personnel and storage costs.
4. PINELLAS JUVENILE ASSESSMENT CENTER (PJAC)
A. The SHERIFF and the CITY agree that PJAC is a collaborative effort
among the various Pinellas County entities for the centralized and efficient processing of
juveniles taken into custody by law enforcement officers countywide. The Pinellas County
Sheriffs Office has voluntarily been providing PJAC security services at its own expense for
many years without seeking contribution from other Pinellas County law enforcement agencies.
The parties agree that fiscal constraints prohibit the continuation of this practice on the part of
the SHERIFF.
B. The SHERIFF and the CITY further agree that for the term of this
Agreement that the CITY shall pay for its share of the cost of security based upon the number of
juveniles the CITY's Police Department books at PJAC. The CITY will pay for a minimum of
667 juveniles for the term of this Agreement, at a cost of FIFTY-SEVEN THOUSAND THREE
HUNDRED SIXTY-TWO DOLLARS ($57,362.00) reflecting a cost of EIGHTY-SIX
DOLLARS ($86.00) per booking.
C. Billing for requests for service in excess of the 667 bookings during the
term of this Agreement shall be invoiced at the rate of EIGHTY-SIX DOLLARS ($86.00) per
booking.
D. Any funds not expended in FY 2008-2009 because the number of
juveniles booked is less than the anticipated 667 shall be applied towards next year's Agreement.
6
Item # 16
Attachment number 1
Page 7 of 9
5. TOTAL COMPENSATION
The CITY agrees to pay to the BOARD, on October 1, 2008, the sum of SIX
HUNDRED FORTY-SEVEN THOUSAND THREE HUNDRED SIXTY-TWO DOLLARS
($647,362.00) which reflects the minimum sum due for all services to be rendered during the
term of this Agreement.
6. CONTACT PERSONS
The SHERIFF agrees to use best efforts and necessary resources available to the
SHERIFF to carry out the terms and conditions of this Agreement. Both parties agree that they
will cooperate and work together to carry out the terms and conditions of the Agreement. To that
end, the parties agree that the following individuals shall be the contact persons for the CITY and
SHERIFF respectively.
FOR THE CITY
Sid Klein, Chief of Police
644 Pierce Street
Clearwater, FL 33756
(727) 562-4242
FOR THE SHERIFF
Major Dan Simovich
P. O. Drawer 2500
Largo, FL 33779-2500
(727) 582-6410
7. BUDGET
The BOARD hereby joins in the execution of this Agreement and said BOARD
agrees to amend the Pinellas County Sheriff's Office budget to provide these funds necessary to
accomplish the purposes of this Agreement and agrees to cooperate in every way reasonably
possible to insure that the purposes stated herein are fulfilled.
7
Item # 16
Attachment number 1
Page 8 of 9
8. CANCELLATION
Either party may cancel this Agreement without penalty upon providing notice of
such cancellation in writing thirty (30) days in advance of the date of cancellation. Upon such
cancellation, the SHERIFF shall retain such sums from the payment set forth above as reflect
actual calls for service or property storage at the rate provided herein and shall refund the
remainder to the CITY. If the SHERIFF receives reimbursement from the BOARD for any of
the services that the SHERIFF will be providing to the CITY pursuant to this Agreement, the
SHERIFF shall refund the prorated amount of any unused services to the BOARD.
9. COMPLETE AGREEMENT
This Agreement constitutes the full and complete understanding of the parties.
10. MODIFICATION
This Agreement may be modified or amended only by a document in writing
signed by all the parties hereto.
11. ASSIGNMENT
Neither party shall assign any obligations or responsibilities under this Agreement
to any third party.
12. INDEMNIFICATION
Each party shall be liable for the negligent acts or omissions of its own employees
"in the performance of this Agreement. Nothing contained herein shall be construed to limit or
modify the provisions of Florida Statute 768.28. Nothing herein shall abrogate or expand the
sovereign immunity enjoyed by the CITY and the SHERIFF pursuant to the provisions of
8
Item # 16
Attachment number 1
Page 9 of 9
Chapter 768, Florida Statutes, nor shall any third party receive any benefit whatsoever from the
indemnification provided herein.
13. TERM OF AGREEMENT
This Agreement shall be for a period of one (1) year commencing October 1,
2008, and concluding September 30, 2009.
IN WITNESS WHEREOF the parties to this Agreement have caused the same to be
signed by their duly authorized representatives this day of 2008.
Countersigned: CITY OF CLEARWATER, FLORIDA
Mayor-Commissioner
Approved as to form:
-.)A wA
Assistan ity Attorney
Approved as to form:
Deputy General Counsel
ATTEST:
KEN BURKE, Clerk
-Deputy- Clerk
APPROVED AS TO FORM:
County Attorney
City Manager
Attest:
City Clerk
SHERIFF OF PINELLAS COUNTY, FLORIDA
Jim Coats, Sheriff
PINELLAS COUNTY, FLORIDA, By and
through its Board of County Commissioners
Chairperson
9
Item # 16
Meeting Date:8/18/2008
4`k ' g Work Session
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Approve the a Cooperative Funding Agreement in the amount of $412,875 with the Southwest Florida Water Management District
(SWFWMD) and Pinellas County to share the cost of implementation of the Magnolia Avenue and Sandra Drive Improvement Area
and authorize the appropriate officials to execute same. (consent)
SUMMARY:
Pinellas County approached the City and requested that we partner with them and the Southwest Florida Water Management District
(SWFWMD) on this erosion control project. One side of the Creek is in the City and the other is in the County and the side banks are
vertical with potential for private property damage if not corrected.
The project will consist of reinforcing approximately 2000 feet of channel with gabions and grading the creek bank above the gabions
at a gradual slope to blend with surrounding topography.
The total project cost is anticipated to be $1,651,500. The County will take the lead on this project handling the design,
construction management and fund $412,875. The City will assist with the project and fund $412,875. The SWFWMD will fund
$825,750 of the project.
Council action at this time is necessary to secure District funds for construction. A separate agreement will be presented to
Council before awarding the construction contract.
Sufficient budget and revenue is available in Capital Improvement Program (CIP) project 0315-96164, Allen's Creek Improvements
Project to fund the City's share of costs.
Type: Capital expenditure
Current Year Budget?: Yes Budget Adjustment: None
Budget Adjustment Comments:
Current Year Cost: $412,875.00 Annual Operating Cost: 0.00
Not to Exceed: $412,875.00 Total Cost: $412,875.00
For Fiscal Year: 2007 to 2008
Appropriation Code Amount Appropriation Comment
0315-96164-563700-539-
000-0000
Review Approval: 1) Office of Management and Budget 2) Legal 3) Clerk 4) Assistant City Manager 5) Clerk 6) City Manager 7) Clerk
Cover Memo
Item # 17
Attachment number 1
Page 1 of 10
AGREEMENT NO. 07000000057
COOPERATIVE FUNDING AGREEMENT
AMONG THE
SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT
AND
PINELLAS COUNTY
AND THE
CITY OF CLEARWATER
FOR
IMPLEMENTATION OF BMPS IN ALLENS CREEK WATERSHED,
MAGNOLIA AVENUE AND SANDRA DRIVE IMPROVEMENT AREA (1-703)
THIS COOPERATIVE FUNDING AGREEMENT is made and entered into by and between
the SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT, a public corporation of the
State of Florida, whose address is 2379 Broad Street, Brooksville, Florida 34604-6899, for
itself and on behalf of the Pinellas-Anclote River Basin Board, hereinafter collectively referred
to as the "DISTRICT," and PINELLAS COUNTY, a political subdivision of the State of Florida,
whose address is 315 Court Street, Clearwater, Florida 33756, hereinafter referred to as the
"COUNTY," and the CITY OF CLEARWATER, a municipal corporation of the State of Florida,
whose address is 112 South Osceola Avenue, Post Office Box 4748, Clearwater Florida,
33758-4748, hereinafter referred to as the "CITY."
WITNESSETH:
WHEREAS, the COUNTY and CITY proposed a project to the DISTRICT for funding
consideration under the DISTRICT'S cooperative funding program; and
WHEREAS, the project consists of implementation of Best Management Practices (BMPs) in
Allens Creek Watershed, Magnolia Avenue and Sandra Drive Improvement Area hereinafter
referred to as the "PROJECT". and
WHEREAS, the DISTRICT considers the PROJECT worthwhile and desires to assist the
COUNTY and CITY in funding the PROJECT.
NOW THEREFORE, the DISTRICT, COUNTY, and CITY, in consideration of the mutual
terms, covenants and conditions set forth herein, agree as follows:
PROJECT MANAGER AND NOTICES. Each party hereby designates the employee set
forth below as its respective Project Manager. Project Managers will assist with
PROJECT coordination and will be each party's prime contact person. Notices and
reports will be sent to the attention of each party's Project Manager by U.S. mail,
postage paid, to the parties' addresses as set forth in the introductory paragraph of this
Agreement.
Project Manager for the DISTRICT: Richard Mayer, P.E.
Project Manager for the COUNTY: Michael Maroney, P.E.
Project Manager for the CITY: Elliot Shoberg, P.E.
Page 1 of 7 Item # 17
Attachment number 1
Page 2 of 10
Any changes to the above representatives or addresses must be provided to the other
party in writing.
1.1 The DISTRICT'S Project Manager is hereby authorized to approve requests to
extend a PROJECT task deadline set forth in this Agreement. Such approval must
be in writing, explain the reason for the extension and be signed by the Project
Manager and his or her Department Director, or Deputy Executive Director if the
Department Director is the Project Manager. The DISTRICT'S Project Manager is
not authorized to approve any time extension which will result in an increased cost
to the DISTRICT or which will exceed the expiration date set forth in Paragraph 4,
Contract Period.
1.2 The DISTRICT'S Project Manager is authorized to adjust a line item amount of the
Project Budget contained in the Proposed Project Plan set forth in Exhibit "B" or, if
applicable, the refined budget as set forth in Paragraph 3.1 below. The adjustment
must be in writing, explain the reason for the adjustment, and be signed by the
Project Manager, his or her Department Director and Deputy Executive Director.
The DISTRICT'S Project Manager is not authorized to make changes to the Scope
of Work and is not authorized to approve any increase in the not-to-exceed amount
set forth in the funding section of this Agreement.
2. SCOPE OF WORK. Upon receipt of written notice to proceed from the DISTRICT, the
COUNTY agrees to perform the services necessary to complete the PROJECT in
accordance with the Special Project Terms and Conditions set forth in Exhibit "A" and
the Proposed Project Plan set forth in Exhibit "B." Any changes to this Scope of Work
and associated costs, except as provided herein, must be mutually agreed to in a formal
written amendment approved by the DISTRICT. COUNTY, and CITY prior to being
performed by the COUNTY, subject to the provisions of Paragraph 3, Funding. The
COUNTY will be solely responsible for managing the PROJECT, including the hiring and
supervising of any contractors it engages in order to complete the PROJECT.
3. FUNDING. The parties anticipate that the total cost of the PROJECT will be One Million
Six Hundred Fifty-One Thousand Five Hundred Dollars ($1,651,500). The DISTRICT
agrees to fund PROJECT costs up to Eight Hundred Twenty-Five Thousand Seven
Hundred Fifty Thousand Dollars ($825,750) and will have no obligation to pay any costs
beyond this maximum amount. The COUNTY agrees to fund PROJECT costs up to
Four Hundred Twelve Thousand Eight Hundred Seventy-Five Dollars ($412,875). The
CITY agrees to fund PROJECT costs up to Four Hundred Twelve Thousand Eight
Hundred Seventy-Five Dollars ($412,875). The COUNTY will be the lead party to this
Agreement and will pay PROJECT costs prior to requesting reimbursement from the
DISTRICT and the CITY. If it becomes evident that the total PROJECT cost will exceed
$1,651,500, then the COUNTY, CITY and DISTRICT, by mutual written agreement, may
provide additional funding or reduce the PROJECT scope.
3.1 The DISTRICT and the CITY will reimburse the COUNTY for their share of the
PROJECT costs in accordance with the Project Budget contained in the Proposed
Project Plan set forth in Exhibit "B," subject to Paragraph 3.5 below, The COUNTY
may contract with a contractor(s) in accordance with the Special Project Terms and
Conditions set forth in Exhibit "A." Upon written DISTRICT approval, the budget
Page 2 of 7
Item # 17
Attachment number 1
Page 3 of 10
amounts for the work set forth in such contract(s) will refine the amounts set forth
in the Project Budget and be incorporated herein by reference. The DISTRICT will
reimburse the COUNTY for 50 percent of all allowable costs in each DISTRICT
approved invoice received from the COUNTY up to the maximum DISTRICT
contribution, as set forth above, of Eight Hundred Twenty-Five Thousand Seven
Hundred Fifty Thousand Dollars ($825,750). The CITY will reimburse the COUNTY
for 25 percent of all allowable costs in each CITY approved invoice received from
the COUNTY. Payment will be made to the COUNTY in accordance with the Local
Government Prompt Payment Act, Part VII of Chapter 218, Florida Statutes (F.S.),
upon receipt of an invoice, with the appropriate support documentation, which will
be submitted to the DISTRICT monthly at the following address:
For the DISTRICT:
Accounts Payable Section
Southwest Florida Water Management District
Post Office Box 1166
Brooksville, Florida 34605-1166
For the CITY:
City of Clearwater
Attn: Marty Pages, Administrative Analyst
Public Works Administration
100 South Myrtle Avenue #220
Clearwater, Florida 33756
3.2 The Project Budget includes any travel expenses which may be authorized under
this Agreement and reimbursement will be paid in accordance with Section
112.061, F.S., and District Procedure 13-5, attached hereto as Exhibit "C," as both
may be amended from time to time.
3.3 The COUNTY will not use any DISTRICT funds for any purposes not specifically
identified in the above Scope of Work.
3.4 Each COUNTY invoice must include the following certification, and the COUNTY
hereby delegates authority by virtue of this Agreement to its Project Manager to
affirm said certification:
"I hereby certify that the costs requested for reimbursement and the COUNTY'S
matching funds, as represented in this invoice, are directly related to the
performance under the Implementation of BMPs in Allens Creek Watershed,
Magnolia Avenue, and Sandra Drive Improvement Area (L703) agreement
between the Southwest Florida Water Management District, Pinellas County,
and the City of Clearwater (Agreement No. 07000000057), are allowable,
allocable, properly documented, and are in accordance with the approved
project budget."
3.5 The DISTRICT'S performance and payment pursuant to this Agreement are
contingent upon the DISTRICT'S Governing Board appropriating funds for the
PROJECT.
Page 3 of 7
Item # 17
Attachment number 1
Page 4 of 10
4. CONTRACT PERIOD. This Agreement will be effective upon execution by all parties
and will remain in effect through December 31, 2010, unless terminated, pursuant to
Paragraph 9 below, or amended in writing by the parties.
5. PROJECT RECORDS AND DOCUMENTS. Each party, upon request, will permit the
other party to examine or audit all PROJECT related records and documents during or
following completion of the PROJECT. Each party will maintain all such records and
documents for at least three (3) years following completion of the PROJECT, All
records and documents generated or received by any party in relation to the PROJECT
are subject to the Public Records Act, Chapter 119, F.S.
6. OWNERSHIP OF DOCUMENTS AND OTHER MATERIALS. All documents, including
reports, drawings, estimates, programs, manuals, specifications, and all goods or
products, including intellectual property and rights thereto, purchased under this
Agreement with DISTRICT funds or developed in connection with this Agreement will be
and will remain the property of the DISTRICT, CITY, and COUNTY, jointly.
7. REPORTS. The COUNTY will provide the DISTRICT and CITY with copies of any and
all reports, models, studies, maps or other documents resulting from the PROJECT.
8. LIABILITY. Each party hereto agrees to indemnify and hold the other harmless, to the
extent allowed under Section 768.28, F.S., from all claims, loss, damage and expense,
including attorney fees and costs and attorney fees and costs on appeal, arising from
the negligent acts or omissions of the indemnifying party's officers, employees,
contractors and agents related to its performance under this Agreement. This provision
does not constitute a waiver of any party's sovereign immunity under Section 768.28,
F.S. or extend any party's liability beyond the limits established in Section 768.28, F.S.
9. DEFAULT. Any party may terminate this Agreement upon the other party's failure to
comply with any term or condition of this Agreement, as long as the terminating party is
not in default of any term or condition of this Agreement. To initiate termination, the
terminating party must provide the defaulting party with a written "Notice of Termination"
stating its intent to terminate and describing all terms and conditions with which the
defaulting party has failed to comply. If the defaulting party has not remedied its default
within thirty (30) days after receiving the Notice of Termination, this Agreement will
automatically terminate.
10. RELEASE OF INFORMATION. The parties agree not to initiate any oral or written
media interviews or issue press releases on or about the PROJECT without providing
advance notices or copies to the other party. This provision will not be construed as
preventing the parties from complying with the public records disclosure laws set forth in
Chapter 119, F.S.
11. DISTRICT RECOGNITION. The COUNTY will recognize DISTRICT, Basin Board, and
CITY funding in any reports, models, studies, maps or other documents resulting from
this Agreement, and the form of said recognition will be subject to DISTRICT and CITY
approval. If construction is involved, the COUNTY will provide signage at the PROJECT
site that recognizes funding for this PROJECT provided by the DISTRICT, Basin
Board(s), and CITY. All signage must meet with DISTRICT and CITY written approval
as to form, content and location, and must be in accordance with local sign ordinances.
Page 4 of 7 Item # 17
Attachment number 1
Page 5 of 10
12. PERMITS AND REAL PROPERTY RIGHTS. The COUNTY must obtain all permits,
local government approvals and all real property rights necessary to complete the
PROJECT prior to commencing any construction involved in the PROJECT. The
DISTRICT and CITY will have no obligation to reimburse the COUNTY for any costs
under this Agreement until the COUNTY has obtained such permits and rights and
construction has commenced.
13. LAW COMPLIANCE. Each party will comply with all applicable federal, state and local
laws, rules, regulations and guidelines, related to performance under this Agreement.
14. COMPLIANCE WITH DISTRICT RULES & REGULATIONS. If the PROJECT involves
design services, the COUNTY'S professional designers and the DISTRICT and CITY
regulation and projects staff will meet regularly during the PROJECT design to discuss
ways of ensuring that the final design for the proposed PROJECT technically complies
with all applicable DISTRICT and CITY rules and regulations.
15. DIVERSITY IN CONTRACTING AND SUB-CONTRACTING. The DISTRICT is
committed to supplier diversity in the performance of all contracts associated with
DISTRICT cooperative funding projects. The DISTRICT requires the COUNTY to make
good faith efforts to encourage the participation of minority- and woman-owned and
small business enterprises, both as prime contractors and sub-contractors, in the
performance of this Agreement, in accordance with applicable laws.
15.1 If requested, the DISTRICT will assist the COUNTY by sharing information to
help the cooperator in ensuring that minority- and woman-owned and small
business are afforded an opportunity to participate in the performance of this
Agreement.
15.2 The COUNTY agrees to provide to the DISTRICT, upon final completion of the
PROJECT, a report indicating all contractors and sub-contractors who performed
work in association with the PROJECT, the amount spent with each contractor or
sub-contractor, and whether each contractor or sub-contractor was a minority- or
woman-owned and small business enterprise. If no minority- or woman-owned
business enterprises were used in the performance of this Agreement, then the
report shall so indicate.
16. ASSIGNMENT, No party may assign any of its rights under this Agreement, including
any operation or maintenance duties related to the PROJECT, voluntarily or
involuntarily, whether by merger, consolidation, dissolution, operation of law, or any
other manner without the prior written consent of the other party. In the event of any
purported assignment of rights in violation of this section, the parties agree that this
Agreement shall terminate and is void.
17. SUBCONTRACTORS. Nothing in this Agreement will be construed to create, or be
implied to create, any relationship between the DISTRICT or the CITY and any
subcontractor of the COUNTY.
18. THIRD PARTY BENEFICIARIES. Nothing in this Agreement will be construed to benefit
any person of entity not a party to this Agreement.
Page 5 of 7 Item # 17
Attachment number 1
Page 6 of 10
19. LOBBYING PROHIBITION. Pursuant to Section 216.347, F.S., the COUNTY is hereby
prohibited from using funds provided by this Agreement for the purpose of lobbying the
Legislature, the judicial branch or a state agency.
20. PUBLIC ENTITY CRIMES. Pursuant to Subsections 287.133(2) and (3), 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, proposal, or reply on a contract to provide any
goods or services to a public entity; may not submit a bid, proposal, or reply on a
contract with a public entity for the construction or repair of a public building or public
work; may not submit bids, proposals, or replies on leases of real property to a public
entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or
consultant under a contract with any public entity; and may not transact business with
any public entity in excess of the threshold amount provided in Section 287.017, F.S.,
for Category Two, for a period of 36 months following the date of being placed on the
convicted vendor list. COUNTY agrees to include this provision in all subcontracts
issued as a result of this Agreement.
21. DISCRIMINATION. Pursuant to Subsection 287.134(2)(a), F.S., an entity or affiliate
who has been placed on the discriminatory vendor list may not submit a bid, proposal, or
reply on a contract to provide any goods or services to a public entity; may not submit a
bid, proposal, or reply on a contract with a public entity for the construction or repair of a
public building or public work; may not submit bids, proposals, or replies 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. COUNTY agrees to include this provision in
all subcontracts issued as a result of this Agreement.
22. ENTIRE AGREEMENT. This Agreement and the attached exhibits listed below
constitute the entire agreement between the parties and, unless otherwise provided
herein, may be amended only in writing, signed by all parties to this Agreement.
23. DOCUMENTS. The following documents are attached and made a part of this
Agreement. In the event of a conflict of contract terminology, priority will first be given to
the language in the body of this Agreement, then to Exhibit "A," then to Exhibit "C," then
to Exhibit "D," and then to Exhibit "B."
Exhibit "A" Special Project Terms and Conditions .
Exhibit "B" Proposed Project Plan
Exhibit "C" District Travel Procedure 13-5
The remainder of this page intentionally left blank.
Page 6 of 7 Item # 17
Attachment number 1
Page 7 of 10
IN WITNESS WHEREOF, the parties hereto, or their lawful representatives, have executed
this Agreement on the day and year set forth next to their signatures below.
SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT
By:
David L. Moore, Executive Director Date
PINELLAS COUNTY
By-
, Chairman Date
Board of County Commissioners
CITY OF CLEARWATER
By:
Frank Hibbard, Mayor
By:
Date
William B. Horne II, City Manager Date
COOPERATIVE FUNOING AGREEMENT
BETWEEN THE
SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT
AND
PINELLAS COUNTY AND THE CITY OF CLEARWATER
FOR
IMPLEMENTATION OF BMPS IN THE Al, LENS CREEK WATERSHED,
MAGNOLIA AVENUEAND SANDRA DRIVE IMPROVEMENT AREA (L7D3)
DISTRICT APPROVAL INITIALS DATE
LEGAL A , wl „ r
RISK MGMT N'^
CONTRACTS
RM DEPT DIR
GOB L; ;INGBOARD
Page 7 of 7
Item # 17
Attachment number 1
Page 8 of 10
AGREEMENT NO. 07000000057
EXHIBIT "A"
SPECIAL PROJECT TERMS AND CONDITIONS
1. CONTRACTING WITH CONTRACTOR. The COUNTY may engage the services of a
contractor(s), hereinafter referred to as the "CONTRACTOR," to construct the
PROJECT in accordance with the Proposed Project Plan attached as Exhibit "B." The
COUNTY will be responsible for administering the contract with CONTRACTOR and
will give notice to proceed to the CONTRACTOR no later than October 31, 2008.
2. APPROVAL OF CONSTRUCTION BID DOCUMENTS. The COUNTY must obtain the
DISTRICT'S and the CITY'S written approval of all construction bid documents prior to
being advertised or otherwise solicited. The DISTRICT and the CITY will not
unreasonably withhold its approval. The DISTRICT'S and CITY'S approval of the
construction bid documents does not constitute a representation or warranty that the
DISTRICT or CITY has verified the architectural, engineering, mechanical, electrical,
or other components of the construction documents, or that such documents are in
compliance with DISTRICT and CITY rules and regulations or any other applicable
rules, regulations, or laws. The DISTRICT'S and CITY'S approval will not constitute a
waiver of the COUNTY'S obligation to assure that the design professional performs
according to the standards of his or her profession. The COUNTY will require the
design professional to warrant that the construction documents are adequate for
bidding and construction of the PROJECT.
3. DISTRICT REVIEW OF COUNTY'S SELECTION OF CONTRACTOR. The COUNTY
will provide the DISTRICT and the CITY with a tabulation of CONTRACTOR bids and
a recommendation to award. The COUNTY must obtain the DISTRICT'S and the
CITY'S approval of the selected CONTRACTOR prior to proceeding with construction
of the PROJECT and the DISTRICT and the CITY will not unreasonably withhold its
approval.
4. APPROVAL OF CONTRACT. The COUNTY must obtain the DISTRICT'S and CITY'S
prior written approval of all contracts entered into with its CONTRACTORS as
referenced above in item number one of this exhibit. The DISTRICT and CITY will not
unreasonably withhold its approval.
5. COMPLETION DATES. The COUNTY will commence construction on the PROJECT
by November 30, 2008, and will complete the PROJECT by October 31, 2010.
However, in the event of any national, state or local emergency which significantly
affects the COUNTY'S ability to perform, such as hurricanes, tornados, floods, acts of
God, acts of war, or other such catastrophes, or other man-made emergencies beyond
the control of the COUNTY such as labor strikes or riots, then the COUNTY'S
obligation to complete said work within aforementioned time frames will be suspended
for the period of time the condition continues to exist. This will be the COUNTY'S sole
remedy for the delays set forth in this paragraph.
Page 1 of 1 Item # 17
Attachment number 1
Page 9 of 10
AGREEMENT NO. 07000000057
EXHIBIT "B"
PROPOSED PROJECT PLAN
Project Description
The PROJECT consists of channel improvements to Allens Creek between Magnolia Avenue
and Sandra Drive. It includes two concrete check dams, and approximately 2,000 feet of
bank stabilization by installing rubble riprap underlain by geotextile on both banks of the
creek. Refer to Attachment 1 for the PROJECT location.
Scope of Work
Key tasks to be performed by the COUNTY:
1. Attend one meeting with the DISTRICT and the CITY prior to beginning the PROJECT to
discuss the approach, schedule and budget;
2. Provide the DISTRICT and the CITY with the Design Report, ERP application, and
construction documents for review, and approval;
3. Bid, select and hire a CONTRACTOR to complete the construction in accordance with
the DISTRICT and CITY approved construction documents;
4. Provide construction engineering and inspection services during construction;
5. Monitor all phases of construction by means of survey, observations and materials
testing to give reasonable assurance that the construction work will be performed in
accordance with the approved construction documents set forth in the DISTRICT and
CITY approved contract between the COUNTY and its CONTRACTOR;
6. Provide the DISTRICT and the CITY with one copy of a summary of the construction
quality assurance data, construction record drawings and permit related submittals; and
7. Be responsible for any post-PROJECT reporting that may be required by the permitting
agencies.
Page 1 of 2
Item # 17
Attachment number 1
Page 10 of 10
Project Budget
DESCRIPTION COUNTY CITY DISTRICT TOTAL
Construction $412,875 $412,875 $825,750 $1,651,500
Total: $412,875 $412,875 $825,750 $1,651,500
Project Schedule
DESCRIPTION COMPLETION DATES
Meeting and Pre-construction documentation August 31, 2008
Construction October 31, 2010
DISTRICT and CITY Review of as-built drawings
and duality assurance test results December 1, 2010
Page 2 of 2
Item # 17
Attachment number 2
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Prepared by:
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Ph: (727)56 , Fax: 26-4755 Map Gen By: SF Reviewed By: AM Date: 8/1/2008 Grid #: 308A S-T-R: 24-29s-15e Scale: 1"=600'
www.MyCMyCl learwaterer.co com
11 /21 /2007 -- 10:45:40 AM
Meeting Date:8/18/2008
4`k ' g Work Session
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Approve a contract for $902,074.25 to Keystone Excavators, of Oldsmar, Fl, for the construction of Alligator Creek Channel G
(Fairwood Forest) Project, (03-0023-EN) which is the lowest responsible bid in accordance with plans and specifications and authorize
the appropriate officials to execute same. (consent)
SUMMARY:
The Alligator Creek Channel G (Fairwood Forest) Drainage Improvement Project includes construction of gabion embankments and re
establishment of previously eroded soils along 1,500 linear feet of channel. Channel G is a tributary to Alligator Creek and is located
east of U.S. 19 and north of Drew Street. Channel G flows north, behind the Fairwood Forest Community, into Cliff Stephens Park.
There has been severe erosion along Channel G, which has caused the banks to become very steep and unstable. There are 23 properties
located along the east side of the channel and two businesses' on the west side that will benefit from this project.
Construction will start in September 2008 and be completed within 180 days.
Resolution 07-29 was passed on November 1, 2007, establishing the City's intent to reimburse certain Stormwater project costs incurred
with future tax-exempt financing. The projects identified with 2009 revenue bonds as a funding source were included in the project list
associated with Resolution 07-29
Third quarter amendments will establish Capital Improvement Projects 0380-96167, Alligator Creek Channel G Drainage
Improvememnts with a transfer of budget only of 2009 Stormwater Bond Revenue Proceeds from 0380-96154, Alligator
Creek Drainage Improvements in the amount of $541,037.12 and 0315-96167, Alligator Creek Channel G Drainage Improvememnts
with a transfer of $451,037.12 of budget only in SWFWMD grant funding, approved by Council 9/18/03 for Alligator Creek Drainage
Improvements, from 0315-96154, Alligator Creek Drainage Improvements, to fund the contract as well as any unanticpated costs and
miscellaneous items related to the project.
Type: Capital expenditure
Current Year Budget?: No Budget Adjustment: Yes
Budget Adjustment Comments:
See Summary
Current Year Cost: $902,074.25 Annual Operating Cost:
Not to Exceed: $902,074.25 Total Cost: $902,074.25
For Fiscal Year: 2007 to 2008
Appropriation Code Amount Appropriation Comment
0380-96167-563700-539- $451,037.13
000-0000
0315-96167-563700-539- $451,037.12
000-0000
Cover Memo
Item # 18
Bid Required?: Yes Bid Number:
Other Bid / Contract: Bid Exceptions: None
Review 1) Financial Services 2) Office of Management and Budget 3) Legal 4) Engineering 5) Financial Services 6) Office of
Approval: Management and Budget 7) Legal 8) Engineering 9) Financial Services 10) Office of Management and
Budget 11) Legal 12) Clerk 13) Assistant City Manager 14) Clerk 15) City Manager 16) Clerk
Cover Memo
Item # 18
Attachment number 1
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Prepared by:
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Date: 8/1/2008
Grid #: 282A e
S-T-R: 08-29s-16e m # 18
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Attachment number 2
Page 1 of 1
Scope of Work
The Work included in this contract includes construction of gabion embankments and re-
establishment of previously eroded soils, including clearing and grubbing, general
demolition, erosion and sediment control, bypass pumping and maintenance of existing
stormwater flows.
Gabion baskets are fabricated from corrosion resistant steel wire mesh assembled into
rectangular cells of varying size. Gabions are assembled on the job site, set into place
and filled with stone to form a monolithic, flexible structure which provides low cost,
long-term erosion control and soil stabilization. The high permeability of gabion systems
eliminates buildup of hydrostatic pressure which will displace and crack concrete
structures.
Because of their flexibility, gabion structures can yield to earth movement and retain their
full efficiency while remaining structurally sound. They are quite unlike rigid or semi-
rigid structures, which may suffer complete failure when even slight changes occur in
their foundation.
Highly permeable, the gabion structures act as self draining units which "bleed" off
ground waters, relieving hydrostatic heads. Interstitial spaces between the stones
dissipate the energy from flood, current, and wave action; so, the entire structure is,
therefore, a self-draining unit needed no additional drainage. Gabion efficiency, rather
than decreasing with age, actually increases. During early periods of use, silt and
vegetation will collect within the rock filling for form a naturally permanent structure,
enhancing the environment. In addition, gabions are virtually maintenance free.
Item # 18
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Page 1 of 1
Item # 18
Meeting Date:8/18/2008
4`k ' g Work Session
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Approve a Construction Contract in the amount of $630,165.25 for Pump Station 19 Replacement (06-0010-UT), to Clark Hunt
Construction, Inc. of Clearwater, FL, which is the lowest responsible bid received in accordance with the plans and specifications and
authorize the appropriate officials to execute same. (consent)
SUMMARY:
SUMMARY:
Based on engineering analysis and evaluations of the City's sanitary sewer system, it was determined that Pump
Station 19 warrants a high priority upgrade as part of the overall rehabilitation of the City's sanitary sewer
collection system. This construction contract includes the reconstruction of Pump Station 19 replacing the existing
structures and equipment which have deteriorated due to age and wear.
Ten competitive bids were received of which four were very close to each other as the lowest.
The existing Pump Station 19 is located under the west bound lane of Jeffords Street at San Remo Avenue.
Pump Station 19 will be reconstructed, moving the wet well out of the roadway and into the median of Jeffords
Street. The project also includes new pumps, piping, electrical and telemetry. As part of this contract the existing
station, located under the travel lanes, will be properly abandoned and the roadway restored.
Tampa Bay Engineering, Inc. will provide limited post engineering design services during construction as part of
their previously Council approved design services contract.
Work will commence upon award and execution of the contract and will be completed within 180 days.
Resolution 07-28 was passed on November 1, 2007, supplementing Resolution 06-53 establishing the City's
intent to reimburse certain Water & Sewer Utility project costs incurred with future tax-exempt financing. The
projects identified with 2009 revenue bonds as a funding source were included in the project list associated with
Resolution 07-28.
Sufficient budget for interim financing or funding with 2009 Water and Sewer Revenue Bond proceeds when
issued in project 0376-96686 Pump Station Rehabilitation in the amount of $400,000.00 and budget and revenue
is available in project 0315-96686, Pump Station Rehabilitation for the balance of $230,165.25 to fund this
contract.
Type: Capital expenditure
Current Year Budget?: Yes
Budget Adjustment: None
Cover Memo
Budget Adjustment Comments:
Current Year Cost: $630,165.25
Not to Exceed: $630,165.25
Annual Operating Cost:
Total Cost: $630,165.25
Item # 19
For Fiscal Year: 2007 to 2008
Appropriation Code Amount Appropriation Comment
0376-96686-563800-535- $400,000.00
000-0000
0315-96686-563800-535- $230,165.25
000-0000
Bid Required?: Yes Bid Number:
Other Bid / Contract: Bid Exceptions: None
Review 1) Financial Services 2) Office of Management and Budget 3) Engineering 4) Financial Services 5) Office of Management and
Approval: Budget 6) Engineering 7) Financial Services 8) Office of Management and Budget 9) Legal 10) Clerk 11) Assistant City
Manager 12) Clerk 13) City Manager 14) Clerk
Cover Memo
Item # 19
Attachment number 1
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Prepared by:
Engineering Department
Geographic Technology Division S
100S . Myrtle Ave, Clearwater, FL 33756 em # 19
Ph: (727)56 , Fax: 26-4755 Map Gen By: SF Reviewed By: TR Date: 8/1/2008 Grid #: 297A S-T-R: 14-29s-15e Scale: 1"=600'
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Page 1 of 1
Item # 19
Meeting Date:8/18/2008
4`k ' g Work Session
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Award a contract for the Skycrest Neighborhood Traffic Calming project (03-0097-EN) to Semper Fi Services, LLC, of Palmetto,
Florida, in the amount of $2,373,742.24, which is the lowest responsible bid received in accordance with plans and specifications, and
authorize the appropriate officials to execute the same. (consent)
SUMMARY:
This project involves construction of traffic calming features in the Skycrest community envisioned by community residents at the
Skycrest Traffic Calming Charrette and supported by a petition signed by owners of approximately 65% of the parcels in the project
area. The engineering plans were reviewed for faithfulness to their charrette vision by residents belonging to the Skycrest Traffic
Calming Tech Team at the 30, 60, 90 and 100% milestones. The Skycrest Neighbors, Inc., organization has long strongly supported the
project. The Tech Team and Skycrest Neighbors have kept the Skycrest community informed about the project through personal
contact, community meetings and the Skycrest Neighbors website.
Traffic calming features include construction of a landscaped median on Cleveland St, numerous medians with tree wells and five mini-
roundabouts, as well as four modern roundabouts at the intersections of Cleveland St with Lake Drive, Saturn Avenue, Corona Avenue
and Aurora Avenue.
The Project also includes minor changes on S. Glenwood Avenue to reconfigure parking for the Crest Lake Dog Park.
Work will commence upon award and execution of the contract and will be completed within 365 calendar days, sufficient time to allow
for the work to not disrupt traffic flow at Skycrest Elementary School.
Ongoing maintenance of the landscaping elements of the project will be provided by Parks & Recreation Department. The landscaping
was designed, with Parks Department input, for low maintenance. Street signage and pavement markings will be maintained by Traffic
Operations.
Sufficient budget and revenue are available in Capital Improvement Program (CIP) projects 0315-92259, Traffic Calming, in the
amount of $2,357,707.28, and 0315-93286, Parking Lot/Bike Path Resurfacing, in the amount of $16,034.96.
A copy of the contract is available for review in the Office of Official Records and Legislative Services.
Type: Capital expenditure
Current Year Budget?: Yes Budget Adjustment: None
Budget Adjustment Comments:
Current Year Cost: $2,373,742.24 Annual Operating Cost:
Not to Exceed: $2,373,742.24 Total Cost: $2,373,742.24
For Fiscal Year: 2007 to 2008
Cover Memo
Appropriation Code Amount Appropriation Comment Item # 20
0315-92259-563700-541- $2,357,707.28
000-0000
0315-93286-563500-572- $16,034.96
000-0000
Bid Required?: Yes Bid Number:
Other Bid / Contract: Bid Exceptions: None
Review 1) Financial Services 2) Office of Management and Budget 3) Engineering 4) Financial Services 5) Office of Management and
Approval: Budget 6) Legal 7) Clerk 8) Assistant City Manager 9) Clerk 10) City Manager 11) Clerk
Cover Memo
Item # 20
Attachment number 1
Page 1 of 6
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Item # 20
Attachment number 1
Page 6 of 6
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Item # 20
Meeting Date:8/18/2008
4`k ' g Work Session
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Approve a work order to Malcolm Pirnie, City of Clearwater Engineer of Record (EOR), to provide engineering design and permitting
services for the Spring Branch Conveyance Enhancements Project for the lump sum of $202,052.30 and authorize the appropriate
officials to execute same. (consent)
SUMMARY:
The existing channel in this area has very high, steep and unstable side banks that are exhibiting extensive erosion.
This project will re-slope the channel banks to a 4:1 (horizontal to vertical) side slope.
The project will also include the construction of a wet detention pond on 3.46 acres of City owned property. The pond
will provide a significant opportunity for wetland habitat creation and water quality treatment for the Spring Branch
stormwater runoff before it discharges to the Stevenson Creek Estuary.
The design for this project will be cooperatively funded by Southwest Florida Water Management District
(SWFWMD) and the City on 50150 split. The construction of this project will be cooperatively funded
bySWFWMD at an approximate 50150 split.
Resolution 07-29 was passed on November 1, 2007, establishing the City's intent to reimburse certain Stormwater
project costs incurred with future tax-exempt financing. The projects identified with 2009 revenue bonds as a funding
source were included in the project list associated with Resolution 07-29
Third quarter amendments will establish Capital Improvement Projects, 0380-96166, Spring Branch Enhance Project, with a transfer of
budget only of 2009 Stormwater Bond Revenue Proceeds from 0380-96144, Stevenson Creek Implementation Projects, in the amount
of $1,000,000 and 0315-96166, Spring Branch Enhancement Project with a transfer of $1,000,000 only of budget only in SWFWMD
grant funding from 0315-96144, Stevenson Creek Implementation Projects to fund the project and this work order.
Type: Capital expenditure
Current Year Budget?: Yes Budget Adjustment: Yes
Budget Adjustment Comments:
Current Year Cost: $202,052.30 Annual Operating Cost: 0
Not to Exceed: $202,052.30 Total Cost: $202,052.30
For Fiscal Year: 2007 to 2008
Appropriation Code Amount Appropriation Comment
0315-96166-561200-539- 202,052.30
000-0000
Review Approval: 1) Office of Management and Budget 2) Legal 3) Clerk 4) Assistant City Manager 5) Clerk 6) City Manager 7) Clerk
Cover Memo
Item # 21
Attachment number 1
Page 1 of 14
Name Title "Initials" Date Reviewed
Gary A. Johnson Public Services GAJ 06/30/08
Director
Nan Bennett Asst. Director of JCB 09JUN08
Public Utilities
Scott Rice Asst. Director of
Env./Stormwater DSR 619108
Elliot Shoberg Stormwater ES 6/10/08
Manager
Larry Dowd Parks & Recreation BFIM / LV 6/20/08
Glen L. Bahnick, Jr. Asst. Director of GL 6/18/08
Eng./Production
Paul Bertels Traffic Operations PEB 6/6/08
Manager
Robert Fahey Utilities SF 6/27/08
Engineering
Manager
Tom Mahony Geographic TL 6/19/08
Technology
Manager
Stephanie Senior Accountant SSS 6/20/08
Sansom
Phuong Vo Project Manager PTV 6/26/08
Item # 21
Attachment number 1
Page 2 of 14
CITY OF CLEARWATER
ENGINEERING DEPARTMENT
CONSULTANT WORK ORDER INITIATION FORM
Date: July 14, 2008
Proj ect Number:
City Project Number: 02-0032-EN
1. PROJECT TITLE: Spring Branch Conveyance Enhancements
2. SCOPE OF SERVICES:
Background
The City wishes to construct drainage improvements necessary to implement portions of
Project 1A and Project 1C of the "Spring Branch Watershed Conveyance Enhancements"
as described in Section 3. 1.1 of the Stevenson's Creek Watershed Management Plan - Draft
Final Report (prepared by Parsons Engineering Science, Inc., dated June 2001). These
enhancements have been identified to address flood protection level of service goals in the
area of Byram Drive and Flora Drive, between Kings Highway and Highland Avenue.
The project's work area is generally bounded by Sunset Point Road on the south, Kings
Highway on the east, Pinellas County's mitigation area (and City Limits) on the west and
Woodlawn Trace on the north.
Proiect 1A.1
Project IA.I enhancements include the widening of the Spring Branch channel beginning at
Kings Highway (starting at west side of box culvert) and extending downstream
approximately 700 linear feet, ending near the northwest corner of the Sunset Baptist
Church parcel (Lot 20). The existing channel in this area has very high, steep and unstable
side banks that are exhibiting extensive erosion. This project will re-slope the channel banks
to a 4:1 (horizontal to vertical) side slope. The channel's bottom width (approximately 20')
and flow-line elevations will remain basically the same as existing with the exception that
low, sloping walls constructed of gabion baskets filled with stone will be added on each side
to reduce erosion at the lower portion of the banks. A gabion mat will be required across the
channel bottom to protect against scour and provide a foundation for the low gabion walls.
These enhancements will provide more stable side banks and additional cross-sectional
channel area for conveyance of stormwater flows. The report also recommends the planting
of trees and native vegetation within the channel's side slopes. Since trees and other
plantings can disrupt stormwater flow and create maintenance issues, sodding is proposed
Item # 21
Attachment number 1
Page 3 of 14
for the side slopes. Additional stabilization methods will be incorporated if conditions
warrant at no additional fee. Therefore, no effort is included in this scope for the selection
and design of plantings along the channel.
It should be noted that per the Stevenson's Creek Watershed Management Plan, a part of
Project IA.I proposes the removal of a private driveway crossing (and 92" x 152" CMP) of
the Spring Branch channel within unincorporated Pinellas County. This restrictive driveway
is approximately 900' downstream of the proposed channel enhancements outlined above,
near Sunset Point Road. City staff has relayed that this part of the Project IA. I
recommendations will not be performed at this time and is not to be included in this
proposed work. Likewise, the upstream Project 1A.2 recommendations that propose swale
and storm pipe improvements east of Highland Avenue, are not a part of this proposal. Since
the construction of Project IA.l will increase discharge rates to downstream areas,
mitigation will be required to offset potential downstream flooding impacts. This will be
provided by Project 1C as described below.
Proiect 1C
The City has chosen to construct a variation of Project 1C as described in the Stevenson's
Creek Watershed Management Plan to mitigate the potential downstream flooding impacts
that will be created by the construction of Project IA. I (described above). The report
recommends that a flood detention basin be constructed on a 4-acre parcel adjacent to
Sunset Point Baptist Church (west side) and also on an 8 to10-acre parcel located on the
south side of Sunset Point Road, belonging to Pinellas County Schools. Also, proposed by
the report, is the installation of two weirs along Spring Branch. The first, a diversion weir
would be constructed within the channel on the downstream side of Project IA.l to divert a
portion of the channel flow into the proposed detention basin. The second, a discharge
control weir would also be constructed within the channel, just upstream of Betty Lane.
The City has acquired 3.46-acres of the 4-acre parcel of land on the west side of Sunset
Point Baptist Church, however the Pinellas County School property on the south side of
Sunset Point Road is not available. Therefore, the proposed flood detention basin will need
to be confined to the 3.46-acre City-owned parcel. Also, the installation of the discharge
control weir at Betty Lane will not be included in this project as it is outside the Clearwater
City Limits. As proposed, a diversion weir will be constructed in the channel near the
northwest corner of the 3.46-acre parcel. The flood detention basin will also be designed to
include a littoral shelf and wetland plantings as required to provide water quality treatment
to meet SWFWMM requirements. This proposed flood detention basin will not be combined
Item # 21
Attachment number 1
Page 4 of 14
with, or connected to the existing Pinellas County mitigation area which abuts the 3.46-acre
parcel along its west side.
The channel enhancements and flood detention basin will need to be designed as to not
increase downstream flow and to not increase upstream tailwater elevations above existing
conditions. It should be noted that the flood protection level of service (FPLOS) achieved in
the report will not necessarily be achievable by this project as only a portion of the proposed
recommendations will actually be constructed.
Malcolm Pirnie Inc. ("Malcolm Pirnie") and our team of subconsultants will provide the
following as part of this project:
1. Project Management: Malcolm Pirnie will provide the following services in the
overall management of the project:
a. Project Management: Malcolm Pirnie will oversee and manage the overall design
of the project, providing QA/QC, and assuring compliance with the consulting
services fee and schedule included herein.
b. Monthly invoicing: Malcolm Pirnie will prepare monthly invoices, including
invoices from subconsultants, and submit these to the City for payment. It is
intended that all invoicing will be made on a lump sum basis.
c. Subconsultant Management: Malcolm Pirnie will subcontract for and coordinate
the services of specialty design and other subconsultant teams necessary in the
completion of this project: These include:
i. Steven Jones: For the completion of the stormwater modeling, Spring
Branch Channel and flood detention basin design and permitting for
Projects IA.I and 1C, respectively.
ii. Scheda Environmental: To provide environmental permitting assistance,
complete the wetland delineation along Spring Branch Channel and design
the plantings required under Project 1 C.
iii. Professional Service Industries, Inc. (PSI) Geotech: To collect the
necessary soils information for the work of the project.
iv. Zarra Boyd, Inc. Survey: Malcolm Pirnie will subcontract and coordinate
the services of a professional surveying firm to complete the wetlands and
as-built surveys for the project.
v. Non-specified firm for Subsurface Utility Excavation: To provide
necessary exploration for the location and identification of underground
utilities in the area of the work.
2. Data Collection/ Review: Malcolm Pirnie will secure and review City of
Clearwater atlas sheets, aerial photos and available as-built information, where
applicable. Topographic aerial photos (with contours) from the Southwest
Florida Water Management District will be obtained and reviewed. Malcolm
Pirnie will also obtain base maps and available as-built information from Progress
Energy (transmission and distribution), Telephone Company, Gas and Cable TV
delineating their respective facilities.
i. Malcolm Pirnie will develop and prepare a drainage map/exhibit of the
existing drainage system and the proposed improvements to be used in
pre-application meetings with the regulatory agencies.
Item # 21
Attachment number 1
Page 5 of 14
ii. The City of Clearwater will provide Malcolm Pirnie with a full
topographic survey of the project area in digital format (AutoCad).
Malcolm Pirnie will work with the City's survey department to develop a
survey scope and identify all topographic information required before
survey work proceeds. This survey is critical and the schedule shown at
the back of this Work Order includes the preparation of a 30% design
submittal the calendar time for which will not begin until Malcolm Pirnie
is in receipt of this survey from the City.
iii. Malcolm Pirnie will identify easement requirements needed to
accommodate the drainage improvements and coordinate this information
with the City. The acquisition of all easements (temporary and permanent)
will be the responsibility of the City.
3. Sub-Consultant Design Oversight (Geotechnical, Environmental & Wetland
Survey)
Geotechnical :
Malcolm Pirnie will contract with a local certified geotechnical engineering firm
for the performance of subsurface investigations and analysis.
The soils investigation and analysis shall consist of soil borings in the channel,
channel side banks and proposed pond area. A soil classification will be
performed for each boring. Additional laboratory work may include a grain-size
analysis, natural moisture content, organic content and soil bearing value. The
groundwater at the time of the boring will be recorded. The estimated seasonal
high groundwater table will be also provided for each boring location. Design
recommendations will be provided regarding construction techniques and
dewatering requirements. An evaluation of slope stability along the channel will
be provided.
Soil borings to be provided as follows:
1. Three (3) SPT borings on alternating sides of the 700' channel to 30' deep.
2. One (1) SPT boring at NE end of project near Kings Highway to 40' deep.
3. One (1) SPT boring at near proposed weir at 50' deep.
4. Two (2) SPT borings in proposed pond area.
The results of the field exploration and laboratory tests will be used in the
engineering analysis and in the formulation of the recommendations. These
results and recommendations shall be presented in a written report prepared by a
professional engineer. One (1) copy of this report will be provided to the City of
Clearwater.
Utility Location:
If needed, Malcolm Pirnie will contract with a local subsurface utility engineering
firm to perform utility locations by vacuum excavation method. City will provide
Item # 21
Attachment number 1
Page 6 of 14
survey to tie-in vacuum locates if necessary. Copies of field data logs will be
provided to City
Environmental Assessment:
Malcolm Pirnie will contract with a local environmental consulting firm for the
performance of an assessment of the wetland area along the existing Spring
Branch channel. The environmental firm will provide coordination, document
existing conditions and inventory vegetative cover in order to prepare a pre-
application package. Pre-application meetings will be scheduled and attended
with the Southwest Florida Water Management District (SWFWMD) and the
USACOE (if required). The environmental consulting firm will also provide the
preparation of planting plans for the stormwater detention pond.
The wetland jurisdictional line will be delineated and flagged in accordance with
SWFWMD guidelines. The environmental firm will then contact SWFWMD to
review the delineated jurisdictional wetland limits in the field and will attend
these field reviews. Final coordination and review of the established surveyed
wetland line will performed. The Specific Purpose Wetland Survey will be
submitted to SWFWMD for approval and acceptance.
Recommendations will be provided regarding environmental
considerations for permitting of the proposed project. The environmental firm
will provide assistance to Malcolm Pirnie as required throughout the permitting
process. Limited site inspection services will be performed for the purpose of
interpreting environmental permit requirements and compliance during
construction.
Wetland Survey:
Malcolm Pirnie will contract with a local professional land survey firm for the
preparation of a Specific Purpose Wetland Survey suitable for submission to the
SWFWMD. The surveyor will locate and map the wetland jurisdictional line as
flagged in the field by Malcolm Pirnie's environmental sub-consultant and as
approved by a SWFWMD representative. The surveyor will utilize applicable
information contained in the City of Clearwater's topographic survey as a basis
and will provide the wetland survey in a digital format (AutoCad). A legal
description and a bearing / distance table of the wetland area will be delineated on
the survey map.
4. Base Sheet Preparation: Malcolm Pirnie will prepare base sheets to be utilized for
the proposed channel and pond construction. These will include plan & profile and
cross-section sheets. The documents will be prepared at a V= 20' scale and will be
provided to the City of Clearwater in a digital format using AutoCAD. These base
sheets will serve as the basis for the development of the plan and profile sheets.
5. Preliminary (30%) Stormwater System Design: Malcolm Pirnie will prepare
Preliminary (30%) design documents for City review. The intent of these plans shall
be to present the survey and existing channel configuration. These plans will
represent the basis for which hydraulic modeling will be performed. This submittal
Item # 21
Attachment number 1
Page 7 of 14
will include twelve (12) blackline plan sets.
Utilizing the City's AdICPR "existing conditions" hydraulic model and the
Stevenson's Creek Watershed Management Plan as a basis, Malcolm Pirnie will
conduct a hydraulic analysis to evaluate the report's proposed recommended
improvements for the channel and detention pond. It is assumed that the City's
existing hydraulic basin model is complete for use "as-is" and that no "truthing" or
revisions to the "existing conditions" will be required.
A letter-format preliminary design report will be prepared to outline the results of
the hydraulic analysis, the proposed system design and an opinion of probable cost
for the proposed improvements. Review commentary received from the City of
Clearwater will be incorporated into the subsequent submittals. Updated drainage
maps will be produced to include any modifications and updated basins.
Malcolm Pirnie will schedule a field meeting with the City's Construction Services
Department, Survey Department and Engineering's Project Manager.
The 30% Design Plan submittal will include the following information, as
applicable:
• Cover Sheet, Legend & Abbreviations, Key Sheet, Plan Sheets
• Items requiring demolition (if known at this time)
• Right-of-way lines, Drainage Easements and the open channel section within
the easement
• Property lines, Easements of Record, Subdivision Name, Lot and Block
Numbers and Parcel ID numbers, Plat Book & Page, Subdivision;
• Existing roadway or travel ways (where applicable) labeled as to existing curb
and surface type including profile of existing centerline;
• Existing drainage system including channel alignment, inlets, junction boxes
and storm piping;
• Existing potable water mains and sizes, hydrants, valves and meters;
• Existing sanitary sewer manholes and gravity lines including service laterals,
lift stations and force mains, reclaimed water mains;
• Existing gas mains and sizes, valves and services (where known);
• Existing electrical power distribution and transmission systems, both
underground and aerial (only poles will be shown for aerial lines);
• Existing telephone company lines, both underground and aerial (only poles
will be shown for aerial lines);
• Existing Cable TV lines, both underground and aerial (only poles will be
shown for aerial lines);
• Existing trees, shrubs, landscaping within the survey limits;
• Existing improvements belonging to private property owners and located
within the survey limits such as fences, sprinkler systems, planters, mail
boxes, business signs, structures, slabs, etc.;
• Existing driveways including their location, width, type of material and spot
elevations;
• Existing elevation cross-sections (at a spacing interval of 25-feet) along
survey alignment;
Item # 21
Attachment number 1
Page 8 of 14
• Existing elevations at the edge of pavement, top of curb, top bank, toe of slope
and centerline of channel.
6. Intermediate (60%) Design: Based upon the base sheet information, results of
the hydraulic analysis and 30% review commentary from the City, Malcolm
Pirnie will prepare 60% design documents. This plan submittal representing the
60% level of completion will be submitted to the City staff for review and
comment. The submittal will include twelve (12) blackline plan sets. The
documents will be prepared at a V= 20' scale and will be provided to the City of
Clearwater in a digital format using AutoCAD. The 60% submittal will also
include four (4) copies of the draft technical specifications and an opinion of
probable cost for the proposed improvements. The design plans shall be compiled
using the City of Clearwater's CAD standards (See Attachment "B").
The 60% Design Plan submittal will include the following information, as
applicable:
• General construction notes related to best management practices,
utilities and other conditions relevant to the project.
• Typical channel cross-section and detailed cross-sections along
channel taken at appropriate intervals.
• Preliminary plan of detention pond with plantings.
• Utility adjustment plan (if required).
• Erosion control and tree protection details.
• Estimate of probable construction cost and duration based on 60% -
level submittal.
• Identification of potential temporary construction easements, if
required.
• Review City's standard technical specifications and modify /
supplement based on 60%-level submittal.
Final (90% & 100%) Design: Utilizing 60% review commentary, Malcolm
Pirnie will prepare final design documents that shall include the final construction
plans, detailed quantity estimates, detailed cost estimates and technical
specifications. Malcolm Pirnie will submit subsequent plan sets at the 90% and
the Final (100%) levels of completion. The submittals will include twelve (12)
blackline plan sets. The 90% and 100% submittals will also include four (4)
copies of the technical specifications and an opinion of probable cost for the
proposed improvements, detailed construction quantities. Review commentary
received from the City of Clearwater will be incorporated into all submittals.
A preliminary list of final design sheets is as follows:
• Cover Sheet
• Drainage Map (including existing and proposed drainage features)
• General Notes and Legend Sheet
• Plan and Profile Sheets
• Cross Section Sheets
• Detention Pond Plans
Item # 21
Attachment number 1
Page 9 of 14
Utility relocation / adjustments (as necessary)
• Drainage Detail Sheets
Construction Detail Sheets
The 90% and 100% design documents shall also include the following components,
as applicable:
1. Design of drainage system improvements, including proposed channel
sections, pond, plantings, weirs, drainage structures & pipes, and potential
conflicts with existing utilities;
2. Structural plans, details and calculations, including design and details of
shallow foundations, retaining walls, structural reinforcing, tiebacks and
stability analysis for slopes and retaining walls;
3. Detailed construction quantities;
4. Engineer's opinion of probable construction cost and duration;
5. A drainage map, at a scale of 1"=100' or other appropriate scale;
6. Right-of-way or easement requirements will be delineated;
7. Conflicts resolutions for existing and/or proposed utilities;
8. Match lines and sheet number references at all continuation points;
9. Restoration details & notes
10. Conflict structures, identified and called out.
11. Baselines and benchmarks;
12. Construction detail sheets with construction notes;
13. Cover sheet and General Notes & Legend sheet;
14. Standard and non-standard structures identified and detailed;
15. Title block information;
16. Erosion control plan with notes;
17. Trees to be removed;
Malcolm Pirnie shall also include the following for the Final (100%) submittal:
1. Review commentary received from the City of Clearwater, the Southwest
Florida Water Management District.
2. Malcolm Pirnie shall incorporate the City's "front-end" documents. A
proposal page of pay items shall be prepared.
3. Copies of all required permits and a copy of the project's geotechnical
report.
4. The preparation of the technical specifications does not include their
reproduction for bidding and construction purposes.
5. Work prepared and/or submitted shall be reviewed and checked by a civil
engineer registered in 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.
6. The design tasks performed by Malcolm Pirnie during the final design
phase shall include design of necessary conflict resolutions between the
proposed drainage system and all existing utilities. Identification of
temporary construction easements, if required.
7. The drawing scales shall be as follows:
Item # 21
Attachment number 1
Page 10 of 14
• Plan and Profile Sheets
• Drainage Map
• Detention Basin Plan
1 inch = 20 feet (horizontal)
1 inch = 2 feet (vertical)
1 inch = 100 feet
1 inch= 20 feet
7. Meetings: Malcolm Pirnie will attend the following meetings during this project:
1. One (1) kickoff meeting at the City's Engineering office
2. Four (4) meetings with City staff to discuss the commentary received for
each of the submittals (30%, 60%, 90% and 100%)
3. One (1) Public Information meeting.
8. Permitting: Malcolm Pirnie will aquire all permits for the project. These permits
include, but are not limited to the following: SWFWMD ERP, USACOE and
NPDES.
Regulatory review commentary received from each agency will be addressed and
all permit conditions will be incorporated into the Final plans.
Permit application and review fees have been included in this Scope for all
required permits.
9. Post-Design Services: Malcolm Pirnie will assist the City in performing the
following tasks:
1. Attend one (1) pre-bid meeting.
2. Answer technical questions during the bid period and shall prepare and
submit a log of any comments and questions received from bidders
3. Assist the CITY in preparing addenda, if necessary, for distribution by the
City.
4. Attend one (1) Pre-Construction Meeting
5. Review shop drawings submitted by the selected contractor to ensure
compliance with the Engineer's design.
6. Address re-submittals
7. Periodic site visits, 28 hours total included (no construction inspection
services are included)
8. Address questions during the Construction phase
9. Assist in the preparation of the Final Punch list
10. Provide certified as-builts to permitting agencies
3.
PROJECT GOALS:
Project Deliverables: The deliverables to be submitted to the City of Clearwater for the
Design portion of the Work consist of the following:
One (1) copy of each set of minutes of meetings with City staff, utility companies and
regulatory agencies, as necessary;
Item # 21
Attachment number 1
Page 11 of 14
4.
5.
One (1) copy of each of the transmittal letters to and response letters from the private
utility companies;
One (1) copy of a letter-format preliminary design report;
• Twelve (12) sets of blackline plans at the 30%, 60%, 90% and 100% submittal;
• Four (4) copies of the technical specifications at the 60%, 90% and 100% submittal;
One (1) copy of the Engineer's opinion of probable cost and detailed construction
quantities at the 60%, 90% and 100% submittal;
• Two (2) signed and sealed sets of blackline plans at the 100% submittal;
One (1) copy of the Permit package for SWFWMD and USACOE (if applicable);
One (1) certified copy of the Geotechnical Report and of the environmental
investigation report;
• All CADD files and technical specs in electronic format per attachment "B";
• One (1) set of signed & sealed plans and specifications along with a CD of all files for
submittal to plan room for bidding;
BUDGET:
Attachment A depicts the total cost per task and/or phase for these engineering services.
This price includes all labor and expenses anticipated by Malcolm Pirnie for the
completion of these tasks, on a lump sum basis, for a fee of $202,052.30. Permit
application and review fees have been included in this lump sum.
SCHEDULE:
The project design schedule shall require 8.5 months (255 calendar days) of design and
permitting time. This schedule is outlined below by each submittal phase and does not
include City review time.
30% construction plans 75 calendar days
60% construction plans and permit applications 45 calendar days
90% construction plans 45 calendar days
100% construction plans 45 calendar days
Final construction documents 45 calendar days after the
receipt of permits
6.
STAFF ASSIGNMENT
Consultant (Malcolm Pirnie):
Carlton S. Serrette, P.E.
Sam Hobi, P.E.
Subconsultants:
Thomas Murphy, P.E.
Steven Jones
Proj ect Manager
Project Engineer (Structural)
Proj ect Engineer
Asst. Project Manager/ Designer
Item # 21
Attachment number 1
Page 12 of 14
7. CORRESPONDENCE/REPORTING PROCEDURES:
ENGINEER's project correspondence shall be directed to Carlton Serrette, P.E. All City
project correspondence shall be directed to Phuong Vo with copies to others as may be
appropriate.
8. INVOICING/FUNDING PROCEDURES:
Invoices shall be submitted monthly to the City of Clearwater, Attention: Veronica
Josef, Sr. Staff Assistant, Engineering, P. O. Box 4748, Clearwater, Florida 33758-4748,
for work performed. Invoices will be prepared monthly according to Billing Method B,
Lump Sum and be billed as a percent complete of each task. Contingency services will be
billed as incurred only after written authorization provided by the City to proceed with those
services.
City Invoicing Code: 0315-96144-561200-539-000-0000
9. ENGINEER CERTIFICATION:
Malcolm Pirnie will certify as a licensed Professional Engineer, registered in accordance
with Florida Statute 471 (481), that the above project's construction plans meet or exceed all
applicable design criteria specified by City municipal ordinance, State, and Federal
established standards. We understand that it is our responsibility as the project's
Professional Engineer to perform a quality assurance review of these submitted plans to
ensure that such plans are free from errors and/or omissions.
This certification shall apply equally to any further revision and/or submittal of plans,
computations, or other project documents, which we may subsequently tender.
PREPARED BY:
Edward R. Balchon, P.E.
Vice President
Malcolm Pirnie, Inc
APPROVED BY:
Michael D. Quillen, P.E.
City Engineer
City of Clearwater
Date
Date
Item # 21
Attachment number 1
Page 13 of 14
ATTACHMENT A
CITY OF CLEARWATER
Spring Branch Conveyance Enhancements
PROJECT BUDGET
Malcolm Pirnie, Inc.
Task
Description Subconsultant
Services
Labor
Total
1.0 Pre-Design
1.1 Project Management $8,799
1.2 Data Collection / Review Existing Information $1,340
1.3 Initial Field Reconnaissance $1,066
1.4 Coordination with Utility Owners / Utility Markups $595
1.5 Prepare Preliminary Drainage Map / Exhibit $950
1.6 Schedule & Attend SWFWMD Field Visit $787
1.7 SWFWMD Pre-Application Meeting $787
$14,324.00
2.0 Design / Sub-consultants
2.1 Environmental Services assessment, delineation, mitigation) $18,350
2.2 Geotechnical Services $7,043
2.3 Survey Services (Wetland Survey & As-Built Surveys) $8,400
2.4 Utility Locations by Vacuum Excavation $2,500
2.5 Coordination w/ Sub-consultants $6,032
2.6 Drainage Basin Evaluation, Stormwater Modeling & Design $12,852
2.7 Basesheet Preparation $4,433
2.8 Structural Design (Weirs, Gabions, Sheet Piling) $19,036
$78,646.00
3.0 Final Design Plans and Specifications
3.1 30% Design / Prep. / Submittal $21,500
3.2 60% Design / Prep. / Submittal $15,400
3.3 90% Design / Prep. / Submittal $13,500
3.4 100% & Final Design / Prep. / Submittal $5,799
$56,199.00
4.0 Permitting Services
4.1 SWFWMD (E.R.P.) permitting effort $4,800
4.2 USACOE permitting effort $2,540
4.3 NPDES (N.O.I.) permitting effort $514
4.4 SWFWMD Permit Review Fee $2,500
4.5 SWFWMD Formal Wetland Determination Fee $750
4.6 NPDES (N.O.I.) Permit Fee $400
$11,504.00
5.0 Construction Phase Services
5.1 Bid Prep, Addenda, Pre-bid & Pre-con Conference, RFI's $6,281
5.2 Shop Drawing Review & Address re-submittals $5,646
5.3 Periodic Site Visits / Final Punch list $7,429
5.4 As-Built Survey Certifications $764
$20,120.00
Subtotal, Labor and Subcontractors $180,793.00
Insert 319 Grant Specification Document in spec (if req'd.) $345
Other Direct Costs (prints, photocopies, postage, etc) $3,200
Item # 21
Attachment number 1
Page 14 of 14
Task Allowance
Grand Total
Clearwater
b
%- M
PUBLIC WORKS ADMINISTRATION
WORK ORDER INITIATION FORM
Attachment "B"
CITY DELIVERABLES
$17,714.30
FORMAT
The design or survey plans shall be compiled utilizing one of the following two
methods.
1. City of Clearwater CAD standards.
2. Pinellas County CAD standards
3. Datum: Horizontal and Vertical datum shall be referenced to North American
Vertical Datum of 1988 (vertical) and North American Datum of 1983/90
(horizontal). The unit of measurement shall be the United States Foot. Any
deviation from this datum will not be accepted unless reviewed by City of
Clearwater Engineering/Geographic Technology Division.
An AutoCAD LandDesktop 3.0 or later drawing file with all dependent files shall be
submitted. NOTE: If approved deviation from Clearwater or Pinellas County CAD
standards are used the consultant shall include all necessary information to aid in
manipulating the drawings including either PCP, CTB file or pen schedule for plotting.
The drawing file shall include only authorized fonts, shapes, line types or other
attributes contained in the standard AutoDesk, Inc. release. All block references and
references contained within the drawing file shall be included. Please address any
questions regarding format to Mr. Tom Mahony, at (727)562-4762 or email address
tom.mahony((c ,,myclearwater.com
All electronic files must be delivered upon completion of project or with 100% plan submittal to
City of Clearwater.
Item # 21
Attachment number 2
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Prepared by:
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Ph: (727)56 , Fax: 26-4755
www.MyCMyCl learwaterer.co com
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Meeting Date:8/18/2008
Y 1 ,",_1
4`k ' g Work Session
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Approve the amendment to Department of Environmental Protection agreement WAP050 to extend the expiration date from June 30,
2008 to April 30, 2010. (consent)
SUMMARY:
Two grants totaling 2.5 million dollars to be utilized on Stevenson Creek projects were aquired by the City in 2001.
The Glen Oaks Project along with some property purchases have utilized $2,049,803 of the grant dollars.
The extension will enable the City to utilize the remaining $450,197 towards the construction of the Lake Bellevue Project.
Review Approval: 1) Office of Management and Budget 2) Legal 3) Clerk 4) Assistant City Manager 5) Clerk 6) City Manager 7) Clerk
Cover Memo
Item # 22
Attachment number 1
Page 1 of 1
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Grid # 306A S - T- R 2-29S-15e Date: 04/17/07
Item # 22
Attachment number 2
Page 1 of 8
DEP AGREEMENT NO. WAP050
AMENDMENT NO. 3
THIS AGREEMENT as entered into on the 6th day of August, 2001, and amended on the 271h day of
August, 2003 and the 7`t' of August, 2006, between the FLORIDA DEPARTMENT OF ENVIRONMENTAL
PROTECTION (hereinafter referred to as the "Department") and the CITY OF CLEARWATER (hereinafter
referred to as the "Grantee" or "Recipient") is hereby amended.
WHEREAS, ongoing difficulties with the Engineer of Record on the Lake Bellevue Project hindered the
completion of the project; and,
WHEREAS, due to the final plans not being sufficient for construction and the budget exceeding
expectations, the Grantee has requested a no cost time extension for the completion of the project; and,
WHEREAS, the Department has agreed to extend the completion date of the Agreement from June 30,
2008 to April 30, 2010; and,
WHEREAS, the Grantee understands that the certification forward of the State Fiscal Years 2001/2002 and
2002/2003 funds supporting this Agreement beyond June 30 of each year is subject to the approval of the
Governors office.
WHEREAS, other changes to the Agreement are necessary.
NOW, THEREFORE, the parties hereto agree as follows:
-- Paragraph 2 is hereby revised to change the end date of the Agreement from June 30, 2008 to April 30,
2010.
-- Paragraph 3 is hereby revised to change the Department of Financial Services' Reference Guide for State
Expenditures website to ht :llwww.fldfs.com/aadir/refercnc0`/`5F vide.
-- Paragraph 4 is hereby revised to add the following:
The Grantee understands that the funds supporting this Agreement are subject to certification forward
approval by the Governor's Office on June 3e each year beginning June 30, 2003. The Grantee
understands and agrees that if the Governor's Office does not approve the Department's request to certify
the funds forward, the Grantee will not be eligible for reimbursement after the reversion of said funds.
Paragraph I IB is hereby revised to change the last sentence to read as follows:
A list of minority owned firms that could be offered subcontracting opportunities may be obtained by
contacting the Office of Supplier Diversity at (850) 4870915.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
DEP Agreement No. WAP050, Amendment No. 3, Page I of 3 Item # 22
Attachment number
Page 2 of 8
-- Attachment A-1, Revised Project Work Plan, Budget Explanation and Project Timeline is hereby deleted in
its entirety and replaced with the following:
BudEet Explanation and Project Timeline:
Project Component Timeline State Funds Matching Total Cost
Funds
Wolfe Property Purchase Completed $175,000.00 $175,000.00 $350,000.00
Spring Branch, Glen Oaks Completed $325,000.00 $325,000.00 $650,000.00
Palmetto sump project design and
land purchase
Glen Oaks Construction Nov 2008 - $1,549,80173 $1,549,802.73 $3,499,605.46
Apr 2010
Lake Bellevue Improvements Nov 2008 - $450,197.27 $450,197.27 $940,394.54
Apr 2010
Total Cost $2,500,000.00 $2,500,000.00 $5,000,000.00
-- Attachment C-2, Second Revised Special Audit Requirements is hereby deleted in its entirety and replaced
with Attachment C-3, Third Revised Special Audit Requirements, attached hereto and made a part of
the Agreement. All references in the Agreement to Attachment C-2 shall hereinafter refer to Attachment
C-3, Third Revised Special Audit Requirements.
In all other respects, the Agreement of which this is an Amendment, and attachments relative thereto, shall
remain in full force and effect.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
DEP Agreement No. WAP050, Amendment No. 3, Page 2 of 3 Item # 22
Attachment number 2
Page 3 of 8
IN WITNESS WHEREOF, the parties have caused this Amendment to be duly executed the day and year
last written below.
CITY OF CLEARWATER
By:
'Title:
Date:
FLORIDA DEPARTMENT OF
ENVIRONMENTAA, PR( EC1'ION
J
By:_ _
t
Date:
it Manager
DE'-' ttdrn nrstrrtor
Approved as to form and legality:
DEP (Attorney
List of attachments/exhibits Included as part of this Ayne.T) rtient:
Specify Type _._Lettcr"%`um!?c _ Descr tr on (include nurriber ol'PaQes)
Attachment C-3 Tli:ircl Re', Special Audit Requirements (5 pages)
W ?
DEP Agreement No. WAP050, Amendment No. 3, Page 3 of 3 Item # 22
Attachment number 2
Page 4 of 8
ATTACHMENT C-3
THIRD REVISED SPECIAL AUDIT REQUIREMENTS
The administration of resources awarded by the Dc ,_irmtcnt of Environmental Protection (which may he referred to
as the "Department", "DEP". "FRCP" or "Gronior", or other name in the contradlagreement) to the recipient
(which may be referred to as the "Contractor", Grantee" or other name in the contract/agreemen.t) may be subject
to audits and/or monitoring by the Department of Environmental Protection, as described in this attachment.
MONITORING
In addition to reviews of audits conducted in accordance with OMB Circular A-133 and Section 21. 5.97, F.S., as
revised (see "AUDITS" below), monitoring In ocedures 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/or other procedures. By
entering into this Agreement, the recipient agrees to comply and cooperate with any monitoring
procedures/processes deemed appropriate by the Department of Environmental Protection. In the event the
Department of l;nvironm,ental Protection determines that a lirruted scope audit of the recipient is appropriate, the
recipient agrees to comply with any additional instructions provided by the Department to the recipient regarding
such audit. The recipient further agrees to comply and cooperate with any inspections, reviews, investigations, or
audits deemed necessary by the Chief Financial Officer or Auditor General.
AUDITS
PART 1. FEDERALLY FUNDED
This part is applicable if the recipient 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 recipient expends $500.000 or more in Federal awards in its fiscal year, the recipient
mist have a single or program-specific audit conducted in accordance with the provisions of OMB Circul
A-133, as revised. EXHIBIT 1 to this Agreement indicates Federal funds awarded through the r. r
of Environmental Protection by this Agreement. In determining the Federal awards expended in its fi:
year, the recipient shall consider all sources of Federal awards, including Federal resources received fr)m
file Department of Environmental Protection. The determination of amounts of Federal awards exper i.d
should be in accordance with the guidelines established by OMB Circular A-133, as revised. An audit of
the recipient conducted by the Auditor General in accordance with the provisions of OMB Circular A-133,
as revised, will meet the requirements of this part.
In connection with the audit requirements 21_f1k C> in Part 1, paragraph 11 the recipient slial° F?sliil' '_itr
requirements relative to auditee responsibililiz: as provided in Subpart C of OMB Circular A-133, as
revised.
If the recipient expends less than $500,000 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
rec.tpic:it expends less than $500,000 in Federal awards in its fiscal year and elects to lvr c ;lit audit
condo, red in accordance with the provisions of OMB Circular A-133, as revised, the cost of the audit must
be paid from non-Federal resources ().e., tie cost of such an audit must be paid from i (cii):?-iit resources
obtained from other than federal entities).
The recipient may access information regarding the Catalog of Federal Domestic Assistance: (CFDA) via
the internet at littp://12.46.245.173/ef(la/efda.html.
[)F1.' 5?-21? t1i)_'1'07)
DFP Agreement No. WAP050, Attachment C-3, Page I of 5
Item # 22
Attachment number 2
Page 5 of 8
PART II: STATE FUNDED
This part is applicable if the recipient is a nonstate entity as defined by Section 215.97(2)(m), Florida Statutes.
In the event that the recipient expends a total amount of state financial assistance equal to or in excess of
$500,000 m any fiscal year of such recipient, the recipient must have a State single or prciject-specific audit
for such fiscal year to accordance with Section 215.97, Florida Statutes; applicable rules of the Department
of Financial Services; and Chapters 10.550 (local governmental en(ities) or 10.650 (nonprofit and (or-profit
organizations), Rules of the Auditor General. EXHIBIT 1 to this Agreement indicates state financial
assistance awarded through the Department of Enviromnental Protection by this Agreement. In
determining the state financial assistance expended in its fiscal year, the recipient shall consider all sources
of state financial assistance, including state financial assistance received from the Department of
Environmental Protection, other state agencies, and other nonstate entities. State financial assistance does
not include Federal direct or pass-flu ough awards and resources received by a nonstate entity for Federal
program matclung requirements.
In connection with the audit requirements addressed in Part IT, paragraph 1; the recipient shall ensure that
(lie audit complies with the requirements of Section 215.97(7), Florida Statutes. This includes submission
of a financial reporting package as defined by Section 215.97(2), Florida Statutes, and Chapters 10.550
(local goverrullental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor
General.
If the reciptent expends less than 5500;000 in state financial assistance in its fiscal year, an audit conducted
in accordance with the provisions of Section 215.97; Florida Statutes, is not required. In the event that the
recipient expends less than $500,000 in state financial assistance in its fiscal year, and elects to have an
audit conducted in accordance with the provisions of Section 2 15 97, Florida Statutes, the cost of the audit
must be paid from the note-state entity's resources (i.c., the cost of such an audit must be paid from the
recipient's resources obtained from other than State entities).
For information regarding the Florida Catalog of State Financial Assistance (CSFA), a recipient should
access the Florida Single Audit Act website located at Limp
' €inDS f7ejfs one/f'saa for assistance. In
addition to the above websites, the following %vebsites may be accessed for information: Legislature's
Website at Imp: ?'`www.' st?iie fi?us/bVclcc?i°ne`index.c.frrState of Florida's website at
http://www.n?tlorida.com/, Department of FinAnk_1,i' Services' Website at h"..;l/www_ridfs.conr/ and the
Auditor General's Website at ltttp:i/www.statt fl ? ,jai "" n
PART III: OTHER AUDIT REQUIREMENTS
(NOTE: This part would be used to specify any additional audit requirements imposed by the State awarding entity
that are solely a matter of that State awarding entity's policy (r e., the audit is not required by Federal or State laws
and is not in conflict with other Federal or State audit requireirients). Pursuant to Section 215.97(8), Florida
Statutes, Stale agencies may conduct or arrange for oudits of Stale financial assistance that are in addition 10 audits
conducted in accordance with Section 21597, Florida Statutes. In such an event, the Stale awarding agency niusl
arrange for funding thefdl cost of such additional audits )
PART IV: REPORT SUBMISSION
Copies of reporting packages for idits conducted to accordance with OMB Circular A-133, as revised, and
required by PART i of this Ati l rrirnt shall be subnutled, when required by Section .320 (d), OMB
Circular A-133, as revised, by or on behalf of the recipient direct to each of the following:
DL-P 55-215 (02/07) _
DEP Agreement No. WAP050. Attachment C-3, Page 2 of 5
Item # 22
Attachment number 2
Page 6 of 8
A. The Department of L-nvirorunental Protection at the following address:
Audit Director
Florida Department of Cnvironmental Protection
Office of the Inspector General, MS 40
3900 Coinunonwealth Boulevard
Vallabassee, Florida 32399-3000
B. The Federal Audit Clearinghouse designated in OM8 Circular A-133, as revised (the number of
copies required by Sections .320 (d)(1) and (2), OMB Circular A-133, as revised, should be
submitted to the Federal Audit Clearinghouse), at the following address:
Federal Audit Clearinghouse
Bureau of the Census
1201 East 10th Street
Jeffersonville, fN 47132
C. Other Federal agencies and pass-tivough entities in accordance with Sections .320 (e) and (f)
OMB Circular A-133, as revised.
Pursuant to Section .320(f), OMB Circular A-133, as revised, the recipient shall submit a copy of the
reporting package described in Section .320(c), OMB Circular A-133, as revised, and any management
letters issued by the auditor, to the Department of Environmental Protection at the following address:
Audit Director
Florida Department of Environmental Protection
Office of the Inspector General, MS 40
3900 Comtonwealth Boulevard
Tallahassee, Florida 32399-3000
Copies of financial reporting packages required by PART It of this Attachment shall he submitted by or on
behalf of the recipient directly to each of the following:
A. The Department of Environmental Protection at the following address:
Audit Director
Florida Department of Environmental Protection
Office of the Inspector General., MS 40
3900 Commonwealth Boulevard
Tallahassee, Florida 32399-3000
B. The Auditor General's Office at the following address:
State of Florida Auditor General
Room 401, Claude Pepper Building
1 1 1 West Madison Street
Tallahassee, Florida 32399-1450
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
DCP 55-215 (02207) -
DEP Agreement No. WAY050, Attachment C-3, Page 3 of 5
Item # 22
Attachment number 2
Page 7 of 8
4. Copies of reports or management letters required by PART III of this Attachment shall be submitted by or
on behalf of the recipient directly to the Department of Environmental Protection at the following address:
Audit Director
Flonda Department of Environmental Protection
Office of the Inspector General, MS 40
3900 Commonwealth Boulevard
Tallahassee, Florida 32399-3000
Any repots, management letters, or other information required to be subii7itted to the Department of
Environmental Protection pursuant to this Agreement shall be submitted timely in accordance with OMB
Circular A-133, Florida Statutes, or Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and
for-profit organizations), Rules of the Auditor General, as applicable.
6. Recipients, when submitting financial reporting packages to the Department of Environmental Protection
for audits done in accordance with OMB Circutar A-133, or Chapters 10.550 (local governmental entities)
or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General; should indicate the date
that the reporting package was delivered to the recipient in correspondence accompanying the reporting
package.
PART V: RECORD RETENTION
The recipient shall retain sufficient records demo izstrating its compliance with the terms of this Agreement for a
period of 5 years from the date the audit report is issued, and shall allow the Department of Environmental
Protection, or its designee, Chief Financial Officer, or Auditor General access to such records upon request. The
recipient shall ensure that audit working papers are made available to the Department of Environmental Protection,
or its designee, Chief Financial Officer, or Auditor General upon request for a period of 3 years from the (late the
audit report is issued, unless extended in writing by the Department of Environmental Protection.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
Dkl' 55-215 (02/07) -
DEP Agreement No. WAP050, Attachment C-3, Page 4 of 5
Item # 22
Attachment number 2
Page 8 of 8
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Item # 22
Meeting Date:8/18/2008
4`k ' g Work Session
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Approve entering a Project Partnership Agreement (PPA) with the Department of the Army to design and construct the Stevenson Creek
Estuary Aquatic Ecosystem Restoration with the City funding $2,324,340 of the $6,640,970 total project cost and authorize the
appropriate officials to execute same. (consent)
SUMMARY:
The location of this project is the estuarine area of Stevenson Creek between Ft. Harrison and Douglas Avenues.
Between Ft. Harrison and the Pinellas Trail sediment will be removed to a depth of approximately 4.5 feet at the center of the creek and
taper up to the existing mangrove shelf; from Pinellas Trail to Douglas Avenue the sediment will be removed to a depth of
approximateey 3 feet and taper up.
Two mangrove shelves totaling 3.2 acres will also be created and planted with Red Mangroves and/or Black Mangroves.
The environmental benefits consist of restoring approximately 27.92 acres of the estuary. Dredging will remove a concentrated deposit
of sediments. Restorative waterway benefits will be realized in terms of increased velocity and circulation. Such actions will improve
fish and wildlife values, in addition to, providing improvements in water quality, recreational public interest values, and general
navigation.
Resolution 07-29 was passed on November 1, 2007, establishing the City's intent to reimburse certain Stormwater project costs incurred
with future tax-exempt financing. The projects identified with 2009 revenue bonds as a funding source were included in the project list
associated with Resolution 07-29
Sufficient budget for interim financing or funding with 2009 Stormwater Bond Revenue Bond Proceeds when issued is available
in Stormwater Bond Construction Fund project 0380-96129, Stevensons Creek Estuary Restoration.
Type: Capital expenditure
Current Year Budget?: Yes
Budget Adjustment Comments:
Current Year Cost: $2,324,340.00
Not to Exceed: $2,324,340.00
For Fiscal Year: 2007 to 2008
Budget Adjustment: None
Annual Operating Cost:
Total Cost: $2,324,340.00
Appropriation Code
0380-96129-563700-539-
000-0000
Amount Appropriation Comment
$2,324,340.00
Cover Memo
Review Approval: 1) Office of Management and Budget 2) Legal 3) Clerk 4) Assistant City Manager 5) Clerk 6) City Manager 7) Clerk
Item # 23
Attachment number 1
Page 1 of 31
PROJECT PARTNERSHIP AGREEMENT
BETWEEN
THE DEPARTMENT OF THE ARMY
AND
CITY OF CLEARWATER, FLORIDA
FOR
DESIGN AND CONSTRUCTION
OF THE
STEVENSON CREEK ESTUARY
AQUATIC ECOSYSTEM RESTORATION PROJECT
THIS AGREEMENT is entered into this day of by
and between the Department of the Army (hereinafter the "Government"), represented by
the U.S. Army Engineer, Jacksonville and the City of Clearwater, Florida (hereinafter the
"Non-Federal Sponsor"), represented by its Mayor.
WITNESSETH, THAT:
WHEREAS, design and construction of the Stevenson Creek Estuary Aquatic
Ecosystem Restoration Project for aquatic ecosystem restoration (hereinafter the
"Project", as defined in Article I.A. of this Agreement) at Clearwater, Florida was
approved by Commander, South Atlantic Division on September 30, 2004 pursuant to the
authority contained in Section 206 of the Water Resources Development Act of 1996,
Public Law 104-303, as amended (33 U.S.C. 2330; hereinafter "Section 206");
WHEREAS, Section 206 provides that $25,000,000 in Federal funds are
authorized to be appropriated for each fiscal year to carry out projects pursuant to Section
206 and no more than $5,000,000 in Federal funds may be allotted for a project at any
single locality;
WHEREAS, the Government and the Non-Federal Sponsor desire to enter into a
Project Partnership Agreement (hereinafter the "Agreement") for design and construction
of the Project;
WHEREAS, Section 206 of the Water Resources Development Act of 1996,
Public Law 104-303, as amended (33 U.S.C. 2330) specifies the cost-sharing requirements
applicable to the Project;
WHEREAS, Section 221 of the Flood Control Act of 1970, Public Law 91-611, as
amended (42 U.S.C. 1962d-5b), and Section 1030) of the Water Resources Development
Act of 1986, Public Law 99-662, as amended (33 U.S.C. 22130)), provide, inter alia, that
the Secretary of the Army shall not commence construction of any water resources project,
or separable element thereof, until each non-Federal interest has entered into a written
agreement to furnish its required cooperation for the project or separable element;
Item # 23
Attachment number 1
Page 2 of 31
WHEREAS, the Government and Non-Federal Sponsor have the full authority and
capability to perform as hereinafter set forth and intend to cooperate in cost-sharing and
financing of the Project in accordance with the terms of this Agreement; and
WHEREAS, the Government and the Non-Federal Sponsor, in connection with
this Agreement, desire to foster a partnering strategy and a working relationship between
the Government and the Non-Federal Sponsor through a mutually developed formal
strategy of commitment and communication embodied herein, which creates an
environment where trust and teamwork prevent disputes, foster a cooperative bond
between the Government and the Non-Federal Sponsor, and facilitate the successful
implementation of the Project.
NOW, THEREFORE, the Government and the Non-Federal Sponsor agree as
follows:
ARTICLE I - DEFINITIONS
A. The term "Project" shall mean the restoration Stevenson Creek through the
removal of muck and sand materials and the creation of mangrove areas to enhance and
expand existing mangrove communities as generally described in the Stevenson Creek
Aquatic Ecosystem Restoration, City of Clearwater, Pinellas County, Florida, Section 206
Ecosystem Restoration Report, dated February, 2003 and approved by Commander, South
Atlantic Division on September 30, 2004.
B. The term "total project costs" shall mean the sum of all costs incurred by the
Non-Federal Sponsor and the Government in accordance with the terms of this Agreement
directly related to design and construction of the Project and the pre Agreement planning
and design costs incurred by the Government. Subject to the provisions of this Agreement,
the term shall include, but is not necessarily limited to: the Government's preAgreement
planning and design costs and the Government's design costs incurred after the effective
date of this Agreement; the costs of the Non Federal Sponsor's Design Coordination
Team Activities, the Government's costs of preparation of environmental compliance
documentation in accordance with Article II.A.2. of this Agreement; the Government's
engineering and design costs during construction; the Non-Federal Sponsor's and the
Government's costs of investigations to identify the existence and extent of hazardous
substances in accordance with Article XIV.A. of this Agreement; the Government's costs of
historic preservation activities in accordance with Article XVII.A. and Article XVII.B.1. of
this Agreement; the Government's actual construction costs; the Government's supervision
and administration costs; the Non-Federal Sponsor's and the Government's costs of
participation in the Project Coordination Team in accordance with Article V of this
Agreement; the Government's costs of contract dispute settlements or awards; the value of
lands, easements, rights-of-way, relocations, and improvements required on lands,
easements, and rights-of-way to enable the disposal of dredged or excavated material for
which the Government affords credit in accordance with Article IV of this Agreement;
and the Non-Federal Sponsor's and the Government's costs of audit in accordance with
2 Item # 23
Attachment number 1
Page 3 of 31
Article X.B. and Article X.C. of this Agreement. The term does not include any costs for
operation, maintenance, repair, rehabilitation, or replacement of the Project; any costs of
betterments under Article II.H.2. of this Agreement; any costs of dispute resolution under
Article VII of this Agreement; the Government's costs for data recovery activities
associated with historic preservation in accordance with Article XVII.B.2. and Article
XVII.B.3. of this Agreement; or the Non-Federal Sponsor's costs of negotiating this
Agreement.
C. The term "period of design and construction" shall mean the time from the
effective date of this Agreement to the date that construction of the Project is complete, as
determined by the Government, or the date that this Agreement is terminated in
accordance with Article XIII or Article XIV.C. of this Agreement, whichever is earlier.
D. The term "financial obligations for design and construction" shall mean the
financial obligations of the Government that result or would result in costs that are or would
be included in total project costs except for obligations pertaining to the provision of lands,
easements, and rights-of-way, the performance of relocations, and the construction of
improvements required on lands, easements, and rights-of-way to enable the disposal of
dredged or excavated material.
E. The term "non Federal proportionate share" shall mean the ratio of the Non-
Federal Sponsor's total contribution of funds required by Article II.B.2. and Article II.C.2.
of this Agreement to financial obligations for design and construction, as projected by the
Government.
F. The term "highway" shall mean any highway, roadway, street, or way, including
any bridge thereof, that is owned by a public entity.
G. The term "relocation" shall mean providing a functionally equivalent facility
to the owner of a utility, cemetery, highway, railroad, or public facility when such action is
authorized in accordance with applicable legal principles of just compensation. Providing a
functionally equivalent facility may take the form of alteration, lowering, raising, or
replacement and attendant demolition of the affected facility or part thereof.
H. The term ` functional portion of the Project" shall mean a portion of the Project
for which construction has been completed and that can function independently, as
determined by the U.S. Army Engineer, Jacksonville District (hereinafter the "District
Engineer") in writing, although the remainder of the Project is not complete.
1. The term "betterment" shall mean a difference in the design or construction of an
element of the Project that results from the application of standards that the Government
determines exceed those that the Government would otherwise apply to the design or
construction of that element. The term does not include any design or construction for
features not included in the Project as defined in paragraph A. of this Article.
3 Item # 23
Attachment number 1
Page 4 of 31
J. The term "Federal program funds" shall mean funds provided by a Federal
agency, other than the Department of the Army, plus any non-Federal contribution
required as a matching share therefor.
K. The term "Section 206 Project Limit" shall mean the $5,000,000 statutory
limitation on the Government's financial participation in the planning, design, and
construction of the Project as specified in Section 206 of the Water Resources
Development Act of 1996, Public Law 104-303, as amended (33 U.S.C. 2330).
L. The term "Section 206Annual Program Limit" shall mean the statutory
limitation on the Government's annual appropriations for planning, design, and
construction of all projects implemented pursuant to Section 206 of the Water Resources
Development Act of 1996, Public Law 104-303, as amended (33 U.S.C. 2330). As of the
effective date of this Agreement, such limitation is $25,000,000.
M. The term "fiscal year" shall mean one year beginning on October 1 and ending
on September 30.
N. The term 'fiscal year of the Non-Federal Sponsor" shall mean one year
beginning on and ending on
0. The term "pre Agreement planning and design costs" shall mean all costs that
were incurred by the Government prior to the effective date of this Agreement for planning
and design of the Project.
P. The term "Design Coordination Team Activities" shall mean the oversight of
matters related to design of the Project including: engineering and design, including
scheduling of reports and work products; development of plans and specifications; real
property and relocation requirements of the Project; contract awards and modifications;
contract costs; the Government's cost projections; anticipated requirements and needed
capabilities for performance of operation and maintenance of the Project; and other
matters related to design of the Project.
Q. The term "costs of the Non Federal Sponsor's Design Coordination Team
Activities" shall mean the costs that are incurred by the Non-Federal Sponsor for Design
Coordination Team Activities on or after October 1, 1996 and before the effective date of
this Agreement, as determined by the Government and subject to an audit for
reasonableness, allowability, and allocability in accordance with Article X.C. of this
Agreement.
4 Item # 23
Attachment number 1
Page 5 of 31
ARTICLE H - OBLIGATIONS OF THE GOVERNMENT AND
THE NON-FEDERAL SPONSOR
A. The Government, subject to receiving funds appropriated by the Congress of the
United States (hereinafter the "Congress") and using those funds and funds provided by the
Non-Federal Sponsor, expeditiously shall design and construct the Project, applying those
procedures usually applied to Federal projects, in accordance with Federal laws, regulations,
and policies.
1. The Government shall not issue the solicitation for the first contract for
design of the Project or commence design of the Project using the Government's own
forces until the Non-Federal Sponsor has confirmed in writing its willingness to proceed
with the Project.
2. The Government shall develop and coordinate as required, an
Environmental Assessment and Finding of No Significant Impact or an Environmental
Impact Statement and Record of Decision, as necessary, to inform the public regarding
the environmental impacts of the Project in accordance with the National Environmental
Policy Act of 1969 (42 U.S.C. 4321-4347; hereinafter "NEPA"). However, the
Government shall not issue the solicitation for the first construction contract for the
Project or commence construction of the Project using the Government's own forces
until all applicable environmental laws and regulations have been complied with,
including, but not limited to NEPA and Section 401 of the Federal Water Pollution
Control Act (33 U.S.C. 1341).
3. The Government shall afford the Non-Federal Sponsor the opportunity to
review and comment on the solicitations for all contracts, including relevant plans and
specifications, prior to the Government's issuance of such solicitations. To the extent
possible, the Government shall afford the Non-Federal Sponsor the opportunity to review
and comment on all proposed contract modifications, including change orders. In any
instance where providing the Non-Federal Sponsor with notification of a contract
modification is not possible prior to execution of the contract modification, the Government
shall provide such notification in writing at the earliest date possible. To the extent possible,
the Government also shall afford the Non-Federal Sponsor the opportunity to review and
comment on all contract claims prior to resolution thereof. The Government shall consider
in good faith the comments of the Non-Federal Sponsor, but the contents of solicitations,
award of contracts or commencement of design or construction using the Government's
own forces, execution of contract modifications, resolution of contract claims, and
performance of all work on the Project shall be exclusively within the control of the
Government.
4. At the time the District Engineer furnishes the contractor with the
Government's Written Notice of Acceptance of Completed Work for each contract awarded
by the Government for the Project, the District Engineer shall furnish a copy thereof to the
Non-Federal Sponsor.
Item # 23
Attachment number 1
Page 6 of 31
B. The Non-Federal Sponsor shall contribute 35 percent of total project costs in
accordance with the provisions of this paragraph.
1. In accordance with Article III of this Agreement, the Non-Federal
Sponsor shall provide all lands, easements, and rights-of-way, including those required for
relocations, the borrowing of material, and the disposal of dredged or excavated material,
shall perform or ensure performance of all relocations, and shall construct improvements
required on lands, easements, and rights-of-way to enable the disposal of dredged or
excavated material that the Government determines to be required or to be necessary for
construction, operation, and maintenance of the Project.
2. The Non-Federal Sponsor shall provide funds in accordance with Article
VI.B. of this Agreement in the amount necessary to meet the Non-Federal Sponsor's
required share of 3 5 percent of total project costs if the Government projects at any time that
the collective value of the following contributions will be less than such required share: (a)
the costs of the Non Federal Sponsor's Design Coordination Team Activities; (b) the
value of the Non-Federal Sponsor's contributions under paragraph B.1. of this Article as
determined in accordance with Article IV of this Agreement; and (c) the value of the Non-
Federal Sponsor's contributions under Article V, Article X, and Article XIV.A. of this
Agreement.
3. The Government, subject to the availability of funds and as limited by the
Section 206 Project Limit and the Section 206 Annual Program Limit, shall refund or
reimburse to the Non-Federal Sponsor any contributions in excess of 35 percent of total
project costs if the Government determines at any time that the collective value of the
following contributions has exceeded 35 percent of total project costs: (a) the value of the
Non-Federal Sponsor's contributions under paragraph B.1. of this Article as determined in
accordance with Article IV of this Agreement; (b) the costs of the Non-Federal
Sponsor's Design Coordination Team Activities, (c) the value of the Non-Federal
Sponsor's contributions under paragraph B.2. of this Article; and (d) the value of the Non-
Federal Sponsor's contributions under Article V, Article X, and Article XIV.A. of this
Agreement. After such a determination, the Government, in its sole discretion, may acquire
any remaining lands, easements, and rights-of-way required for the Project, perform any
remaining relocations necessary for the Project, or construct any remaining improvements
required on lands, easements, and rights-of-way to enable the disposal of dredged or
excavated material required for the Project on behalf of the Non-Federal Sponsor.
Notwithstanding the acquisition of lands, easements, and rights-of-way, performance of
relocations, or construction of improvements required on lands, easements, and rights-of-
way to enable the disposal of dredged or excavated material by the Government under this
paragraph, the Non-Federal Sponsor shall be responsible, as between the Government
and the Non-Federal Sponsor, for any costs of cleanup and response in accordance with
Article XIV.C. of this Agreement.
6 Item # 23
Attachment number 1
Page 7 of 31
C. Notwithstanding any other provision of this Agreement, Federal financial
participation in the Project is limited by the following provisions of this paragraph.
1. In the event the Government projects that the amount of Federal funds
the Government will make available to the Project through the then-current fiscal year, or
the amount of Federal funds the Government will make available for the Project through
the upcoming fiscal year, is not sufficient to meet the Federal share of total project costs
and the Federal share of costs for data recovery activities associated with historic
preservation in accordance with Article XVII.B.2. and Article XVH.B.3. of this
Agreement that the Government projects to be incurred through the then-current or
upcoming fiscal year, as applicable, the Government shall notify the Non-Federal
Sponsor in writing of such insufficiency of funds and of the date the Government projects
that the Federal funds that will have been made available to the Project will be exhausted.
Upon the exhaustion of Federal funds made available by the Government to the Project,
future performance under this Agreement shall be suspended and the parties shall proceed
in accordance with Article XIH.B. of this Agreement.
2. In accordance with Section 206 of the Water Resources Development
Act of 1996, Public Law 104-303, as amended (33 U.S.C. 2330), the Government's total
financial obligations for planning, design, and construction of the Project (except for
costs incurred on behalf of the Non-Federal Sponsor in accordance with paragraph H. of
this Article) shall not exceed the Section 206 Project Limit. Notwithstanding any other
provision of this Agreement, the Non-Federal Sponsor shall be responsible for all costs in
excess of this limit and shall pay any such costs in accordance with Article VI.B. of this
Agreement.
3. If the Government determines that the total amount of Federal funds
provided by Congress for all projects implemented pursuant to Section 206 has reached
the Section 206 Annual Program Limit, and the Government projects that the Federal
funds the Government will make available to the Project within the Section 206 Annual
Program Limit will not be sufficient to meet the Federal share of total project costs and
the Federal share of costs for data recovery activities associated with historic preservation
in accordance with Article XVII.B.2. and Article XVH.B.3. of this Agreement, the
Government shall notify the Non-Federal Sponsor in writing of such insufficiency of
funds and of the date the Government projects that the Federal funds that will have been
made available to the Project will be exhausted. Upon the exhaustion of Federal funds
made available by the Government to the Project within the Section 206 Annual Program
Limit, future performance under this Agreement shall be suspended and the parties shall
proceed in accordance with Article XIH.B. of this Agreement.
4. As of the effective date of this Agreement, $4,316,631 of Federal funds
is currently projected to be available for the Project. The Government makes no
commitment to request Congress to provide additional Federal funds for the Project.
Further, the Government's financial participation in the Project is limited to the Federal
funds that the Government makes available to the Project.
7 Item # 23
Attachment number 1
Page 8 of 31
D. When the District Engineer determines that the entire Project, or a functional
portion of the Project, is complete, the District Engineer shall so notify the Non-Federal
Sponsor in writing and furnish the Non-Federal Sponsor with a final Operation,
Maintenance, Repair, Rehabilitation, and Replacement Manual (hereinafter the
"OMRR&R Manual") or, if the final OMRR&R Manual is not available, an interim
OMRR&R Manual for the entire Project or such completed portion. Upon such
notification, the Government also shall furnish to the Non-Federal Sponsor a copy of all
final as-built drawings for the portion of the Project for which the Government awarded a
construction contract, or the Government constructed using its own forces, if such
drawings are available. Not later than 6 months after such notification by the
Government that the entire Project is complete, the Government shall furnish the Non-
Federal Sponsor with all final as-built drawings for the portion of the Project for which
the Government awarded a construction contract, or the Government constructed using its
own forces, and also shall furnish the Non-Federal Sponsor with the final OMRR&R
Manual for the entire Project. In the event all final as-built drawings for the portion of
the Project for which the Government awarded a construction contract, or the
Government constructed using its own forces, or the final OMRR&R Manual for the
entire Project cannot be completed within the 6 month period, the Government shall
provide written notice to the Non-Federal Sponsor, and the Government and the Non-
Federal Sponsor shall negotiate an acceptable completion date for furnishing such
documents. Further, after completion of all contracts for the Project, copies of all of the
Government's and Non-Federal Sponsor's Written Notices of Acceptance of Completed
Work for all contracts for the Project that have not been provided to the other party
previously shall be provided to the Non-Federal Sponsor and/or the Government, as
appropriate.
E. Upon notification from the District Engineer in accordance with paragraph D.
of this Article, the Non-Federal Sponsor shall operate, maintain, repair, rehabilitate, and
replace the entire Project, or the functional portion of the Project as the case may be, in
accordance with Article VIII of this Agreement.
F. Upon conclusion of the period of design and construction, the Government shall
conduct an accounting, in accordance with Article VI.C. of this Agreement, and furnish the
results to the Non-Federal Sponsor.
G. The Non-Federal Sponsor shall not use Federal program funds to meet any of its
obligations for the Project under this Agreement unless the Federal agency providing the
Federal portion of such funds verifies in writing that expenditure of such funds for such
purpose is expressly authorized by Federal law.
H. The Non-Federal Sponsor may request the Government to perform or provide,
on behalf of the Non-Federal Sponsor, one or more of the services (hereinafter the
"additional work") described in this paragraph. Such requests shall be in writing and
shall describe the additional work requested to be performed or provided. If in its sole
discretion the Government elects to perform or provide the requested additional work or
any portion thereof, it shall so notify the Non-Federal Sponsor in a writing that sets forth
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any applicable terms and conditions, which must be consistent with this Agreement. In
the event of conflict between such a writing and this Agreement, this Agreement shall
control. The Non-Federal Sponsor shall be solely responsible for all costs of the
additional work performed or provided by the Government under this paragraph and shall
pay all such costs in accordance with Article VI.D. of this Agreement.
1. Acquisition of lands, easements, and rights-of-way; performance of
relocations; or construction of improvements required on lands, easements, and rights-of-
way to enable the disposal of dredged or excavated material for the Project.
Notwithstanding acquisition of lands, easements, and rights-of-way, performance of
relocations, or construction of improvements by the Government, the Non-Federal
Sponsor shall be responsible, as between the Government and the Non-Federal Sponsor,
for any costs of cleanup and response in accordance with Article XIV.C. of this
Agreement.
2. Inclusion of betterments in the design or construction of the Project.
In the event the Government elects to include any such betterments, the Government shall
allocate the costs of the Project features that include betterments between total project
costs and the costs of the betterments.
1. The Non-Federal Sponsor shall prevent obstructions or encroachments on the
Project (including prescribing and enforcing regulations to prevent such obstructions or
encroachments) such as any new developments on Project lands, easements, and rights-of-
way or the addition of facilities which might reduce the outputs produced by the Project,
hinder operation and maintenance of the Project, or interfere with the Project's proper
function.
J. The Non-Federal Sponsor shall not use the Project, or the lands, easements, and
rights-of-way required pursuant to Article III of this Agreement, as a wetlands bank or
mitigation credit for any other project.
ARTICLE III - LANDS, EASEMENTS, RIGHTS-OF-WAY,
RELOCATIONS, DISPOSAL AREA IMPROVEMENTS, AND
COMPLIANCE WITH PUBLIC LAW 91-646, AS AMENDED
A. The Government, after consultation with the Non-Federal Sponsor, shall
determine the lands, easements, and rights-of-way required for construction, operation, and
maintenance of the Project, including those required for relocations, the borrowing of
material, and the disposal of dredged or excavated material. The Government in a timely
manner shall provide the Non-Federal Sponsor with general written descriptions, including
maps as appropriate, of the lands, easements, and rights-of-way that the Government
determines the Non-Federal Sponsor must provide, in detail sufficient to enable the Non-
Federal Sponsor to fulfill its obligations under this paragraph, and shall provide the Non-
Federal Sponsor with a written notice to proceed with acquisition of such lands, easements,
and rights-of-way. Prior to the issuance of the solicitation for each Government contract
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for construction of the Project, or prior to the Government initiating construction of a
portion of the Project using the Government's own forces, the Non-Federal Sponsor shall
acquire all lands, easements, and rights-of-way the Government determines the Non-
Federal Sponsor must provide for that work and shall provide the Government with
authorization for entry thereto. Furthermore, prior to the end of the period of design and
construction, the Non-Federal Sponsor shall acquire all lands, easements, and rights-of-way
required for construction, operation, and maintenance of the Project, as set forth in such
descriptions, and shall provide the Government with authorization for entry thereto. The
Non-Federal Sponsor shall ensure that lands, easements, and rights-of-way that the
Government determines to be required for the Project and that were provided by the Non-
Federal Sponsor are retained in public ownership for uses compatible with the authorized
purposes of the Project.
B. The Government, after consultation with the Non-Federal Sponsor, shall
determine the relocations necessary for construction, operation, and maintenance of the
Project, including those necessary to enable the borrowing of material or the disposal of
dredged or excavated material. The Government in a timely manner shall provide the Non-
Federal Sponsor with general written descriptions, including maps as appropriate, of such
relocations in detail sufficient to enable the Non-Federal Sponsor to fulfill its obligations
under this paragraph, and shall provide the Non-Federal Sponsor with a written notice to
proceed with such relocations. Prior to the issuance of the solicitation for each Government
contract for construction of the Project, or prior to the Government initiating construction
of a portion of the Project using the Government's own forces, the Non-Federal Sponsor
shall prepare or ensure the preparation of plans and specifications for, and perform or ensure
the performance of, all relocations the Government determines to be necessary for that
work. Furthermore, pri or to the end of the period of design and construction, the Non-
Federal Sponsor shall perform or ensure performance of all relocations as set forth in such
descriptions.
C. The Government, after consultation with the Non-Federal Sponsor, shall
determine the improvements required on lands, easements, and rights-of-way to enable the
disposal of dredged or excavated material associated with construction, operation, and
maintenance of the Project. Such improvements may include, but are not necessarily
limited to, retaining dikes, wasteweirs, bulkheads, embankments, monitoring features,
stilling basins, and de-watering pumps and pipes. The Government in a timely manner shall
provide the Non-Federal Sponsor with general written descriptions, including maps as
appropriate, of such improvements in detail sufficient to enable the Non-Federal Sponsor to
fulfill its obligations under this paragraph, and shall provide the Non-Federal Sponsor with a
written notice to proceed with construction of such improvements. Prior to the issuance of
the solicitation for each Government contract for construction of the Project, or prior to the
Government initiating construction of a portion of the Project using the Government's
own forces, the Non-Federal Sponsor shall prepare plans and specifications for all
improvements the Government determines to be required for the disposal of dredged or
excavated material under that contract, submit such plans and specifications to the
Government for approval, and provide such improvements in accordance with the approved
plans and specifications. Furthermore, pri or to the end of the period of design and
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construction, the Non-Federal Sponsor shall provide all improvements set forth in such
descriptions.
D. The Non-Federal Sponsor shall comply with the applicable provisions of the
Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, Public
Law 91-646, as amended (42 U.S.C. 4601-4655), and the Uniform Regulations contained in
49 C.F.R. Part 24, in acquiring lands, easements, and rights-of-way required for
construction, operation, and maintenance of the Project, including those required for
relocations, the borrowing of material, or the disposal of dredged or excavated material, and
shall inform all affected persons of applicable benefits, policies, and procedures in
connection with said Act.
ARTICLE IV - CREDIT FOR VALUE OF LANDS, EASEMENTS, RIGHTS-OF-WAY,
RELOCATIONS, AND DISPOSAL AREA IMPROVEMENTS
A. The Government shall include in total project costs and afford credit toward the
Non-Federal Sponsor's share of total project costs for the value of the lands, easements, and
rights-of-way that the Non-Federal Sponsor must provide pursuant to Article M.A. of this
Agreement; for the value of the relocations that the Non-Federal Sponsor must perform or
for which it must ensure performance pursuant to Article M.B. of this Agreement; and for
the value of the improvements required on lands, easements, and rights-of-way to enable the
disposal of dredged or excavated material that the Non-Federal Sponsor must provide
pursuant to Article M.C. of this Agreement. However, no amount shall be included in total
project costs, no credit shall be afforded, and no reimbursement shall be provided for the
value of any lands, easements, rights-of-way, relocations, or improvements required on
lands, easements, and rights-of-way to enable the disposal of dredged or excavated material
that have been provided previously as an item of cooperation for another Federal project. In
addition, no amount shall be included in total project costs, no credit shall be afforded, and
no reimbursement shall be provided for the value of lands, easements, rights-of-way,
relocations, or improvements required on lands, easements, and rights-of-way to enable the
disposal of dredged or excavated material that were acquired or performed using Federal
program funds unless the Federal agency providing the Federal portion of such funds
verifies in writing that affording credit for the value of such items is expressly authorized by
Federal law.
B. The Non-Federal Sponsor in a timely manner shall provide the Government with
such documents as are sufficient to enable the Government to determine the value of any
contribution provided pursuant to Article IRA., Article M.B., or Article M.C. of this
Agreement. Upon receipt of such documents, the Government in a timely manner shall
determine the value of such contributions for the purpose of including such value in total
project costs and for determining the amount of credit to be afforded or reimbursement to
be provided in accordance with the provisions of this Agreement.
C. For the purposes of determining the value to be included in total project costs
and the amount of credit to be afforded reimbursement to be provided in accordance with
this Agreement and except as otherwise provided in paragraph G. of this Article, the value
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of lands, easements, and rights-of-way, including those required for relocations, the
borrowing of material, and the disposal of dredged or excavated material, shall be the fair
market value of the real property interests, plus certain incidental costs of acquiring those
interests, as determined in accordance with the provisions of this paragraph.
1. Date of Valuation. The fair market value of lands, easements, or rights-
of-way owned by the Non-Federal Sponsor on the effective date of this Agreement shall be
the fair market value of such real property interests as of the date the Non-Federal Sponsor
provides the Government with authorization for entry thereto. The fair market value of
lands, easements, or rights-of-way acquired by the Non-Federal Sponsor after the effective
date of this Agreement shall be the fair market value of such real property interests at the
time the interests are acquired.
2. General Valuation Procedure. Except as provided in paragraph C.3. or
paragraph C.5. of this Article, the fair market value of lands, easements, or rights-of-way
shall be determined in accordance with the provisions of this paragraph.
a. The Non-Federal Sponsor shall obtain, for each real property
interest, an appraisal that is prepared by a qualified appraiser who is acceptable to the Non-
Federal Sponsor and the Government. The Non-Federal Sponsor shall provide the
Government with the appraisal no later than 6 months after the Non-Federal Sponsor
provides the Government with an authorization for entry for such real property interest.
The appraisal must be prepared in accordance with the applicable rules of just
compensation, as specified by the Government. The fair market value shall be the amount
set forth in the Non-Federal Sponsor's appraisal, if such appraisal is approved by the
Government. In the event the Government does not approve the Non-Federal Sponsor's
appraisal, the Non-Federal Sponsor may obtain a second appraisal, and the fair market value
shall be the amount set forth in the Non-Federal Sponsor's second appraisal, if such
appraisal is approved by the Government. In the event the Government does not approve
the Non-Federal Sponsor's second appraisal, the Non-Federal Sponsor chooses not to obtain
a second appraisal, or the Non-Federal Sponsor does not provide the first appraisal as
required in this paragraph, the Government shall obtain an appraisal, and the fair market
value shall be the amount set forth in the Government's appraisal, if such appraisal is
approved by the Non-Federal Sponsor. In the event the Non-Federal Sponsor does not
approve the Government's appraisal, the Government, after consultation with the Non-
Federal Sponsor, shall consider the Government's and the Non-Federal Sponsor's appraisals
and determine an amount based thereon, which shall be deemed to be the fair market value.
b. Where the amount paid or proposed to be paid by the Non-Federal
Sponsor for the real property interest exceeds the amount determined pursuant to paragraph
C.2.a. of this Article, the Government, at the request of the Non-Federal Sponsor, shall
consider all factors relevant to determining fair market value and, in its sole discretion, after
consultation with the Non-Federal Sponsor, may approve in writing an amount greater than
the amount determined pursuant to paragraph C.2.a. of this Article, but not to exceed the
amount actually paid or proposed to be paid. If the Government approves such an amount,
the fair market value shall be the lesser of the approved amount or the amount paid by the
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Non-Federal Sponsor, but no less than the amount determined pursuant to paragraph C.2.a.
of this Article.
3. Eminent Domain Valuation Procedure. For lands, easements, or rights-
of-way acquired by eminent domain proceedings instituted after the effective date of this
Agreement, the Non-Federal Sponsor, prior to instituting such proceedings, shall submit to
the Government notification in writing of its intent to institute such proceedings and an
appraisal of the specific real property interests to be acquired in such proceedings. The
Government shall have 60 calendar days after receipt of such a notice and appraisal within
which to review the appraisal, if not previously approved by the Government in writing.
a. If the Government previously has approved the appraisal in
writing, or if the Government provides written approval of, or takes no action on, the
appraisal within such 60 day period, the Non-Federal Sponsor shall use the amount set forth
in such appraisal as the estimate of just compensation for the purpose of instituting the
eminent domain proceeding.
b. If the Government provides written disapproval of the appraisal,
including the reasons for disapproval, within such 60 day period, the Government and the
Non-Federal Sponsor shall consult in good faith to promptly resolve the issues or areas of
disagreement that are identified in the Government's written disapproval. If, after such
good faith consultation, the Government and the Non-Federal Sponsor agree as to an
appropriate amount, then the Non-Federal Sponsor shall use that amount as the estimate of
just compensation for the purpose of instituting the eminent domain proceeding. If, after
such good faith consultation, the Government and the Non-Federal Sponsor cannot agree as
to an appropriate amount, then the Non-Federal Sponsor may use the amount set forth in its
appraisal as the estimate of just compensation for the purpose of instituting the eminent
domain proceeding.
c. For lands, easements, or rights-of-way acquired by eminent
domain proceedings instituted in accordance with paragraph C.3. of this Article, fair market
value shall be either the amount of the court award for the real property interests taken, to
the extent the Government determined such interests are required for construction,
operation, and maintenance of the Project, or the amount of any stipulated settlement or
portion thereof that the Government approves in writing.
4. Incidental Costs. For lands, easements, or rights-of-way acquired by the
Non-Federal Sponsor within a five year period preceding the effective date of this
Agreement, or at any time after the effective date of this Agreement, the value of the interest
shall include the documented incidental costs of acquiring the interest, as determined by the
Government, subject to an audit in accordance with Article X.C. of this Agreement to
determine reasonableness, allocability, and allowability of such costs. In the event the
Government modifies its determination made pursuant to Article III.A. of this
Agreement, the Government shall afford credit for the documented incidental costs
associated with preparing to acquire the lands, easements, or rights-of-way identified in
the original determination, subject to an audit in accordance with Article X.C. of this
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Agreement to determine reasonableness, allocability, and allowability of such costs.
Such incidental costs shall include, but not necessarily be limited to, closing and title costs,
appraisal costs, survey costs, attorney's fees, plat maps, mapping costs, actual amounts
expended for payment of any relocation assistance benefits provided in accordance with
Article III.D. of this Agreement, and other payments by the Non-Federal Sponsor for
items that are generally recognized as compensable, and required to be paid, by
applicable state law due to the acquisition of a real property interest in accordance with
Article III of this Agreement. The value of the interests provided by the Non-Federal
Sponsor in accordance with Article III.A. of this Agreement also shall include the
documented costs of obtaining appraisals pursuant to paragraph C.2. of this Article, as
determined by the Government, and subject to an audit in accordance with Article X. C.
of this Agreement to determine reasonableness, allocability, and allowability of such
costs.
5. Waiver of Appraisal. Except as required by paragraph C.3. of this
Article, the Government may waive the requirement for an appraisal pursuant to this
paragraph if it determines that an appraisal is unnecessary because the valuation is
uncomplicated and that the estimated fair market value of the real property interest is
$10,000 or less based upon a review of available data. In such event, the Government
and the Non-Federal Sponsor must agree in writing to the value of such real property
interest in an amount not in excess of $10,000.
D. After consultation with the Non-Federal Sponsor, the Government shall
determine the value of relocations in accordance with the provisions of this paragraph.
1. For a relocation other than a highway, the value shall be only that portion
of relocation costs that the Government determines is necessary to provide a functionally
equivalent facility, reduced by depreciation, as applicable, and by the salvage value of any
removed items.
2. For a relocation of a highway, the value shall be only that portion of
relocation costs that would be necessary to accomplish the relocation in accordance with the
design standard that the State of Florida would apply under similar conditions of geography
and traffic load, reduced by the salvage value of any removed items.
3. Relocation costs shall include, but not necessarily be limited to, actual
costs of performing the relocation, planning, engineering and design costs; supervision and
administration costs; and documented incidental costs associated with performance of the
relocation, as determined by the Government. Relocation costs shall not include any costs
due to betterments, as determined by the Government, nor any additional cost of using new
material when suitable used material is available. Relocation costs shall be subject to an
audit in accordance with Article X.C. of this Agreement to determine reasonableness,
allocability, and allowability of such costs.
E. The value of the improvements required on lands, easements, and rights-of-way
to enable the disposal of dredged or excavated material shall be the costs of the
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improvements, as determined by the Government, subject to an audit in accordance with
Article X.C. of this Agreement to determine reasonableness, allocability, and allowability of
such costs. Such costs shall include, but not necessarily be limited to, actual costs of
providing the improvements; planning, engineering and design costs; supervision and
administration costs; and documented incidental costs associated with providing the
improvements, but shall not include any costs due to betterments, as determined by the
Government.
F. Any credit afforded or reimbursement provided under the terms of this
Agreement for the value of relocations, or improvements required on lands, easements,
and rights-of-way to enable the disposal of dredged or excavated material, performed within
the Project boundaries is subject to satisfactory compliance with applicable Federal labor
laws covering non-Federal construction, including, but not limited to, 40 U.S.C. 3141-
3148 and 40 U.S.C. 3701-3708 (revising, codifying and enacting without substantive
change the provisions of the Davis-Bacon Act (formerly 40 U.S.C. 276a et seq.), the
Contract Work Hours and Safety Standards Act (formerly 40 U. S.C. 327 et seq.) and the
Copeland Anti-Kickback Act (formerly 40 U. S.C. 276c)). Notwithstanding any other
provision of this Agreement, credit or reimbursement may be withheld, in whole or in
part, as a result of the Non-Federal Sponsor's failure to comply with its obligations under
these laws.
G. Where the Government, on behalf of the Non-Federal Sponsor pursuant to
Article II.H.1. of this Agreement, acquires lands, easements, or rights-of-way, performs
relocations, or constructs improvements required on lands, easements, or rights-of-way to
enable the disposal of dredged or excavated material, the value to be included in total
project costs and the amount of credit to be afforded or the amount of reimbursement
provided in accordance with this Agreement shall be the costs of such work performed
or provided by the Government that are paid by the Non-Federal Sponsor in accordance
with Article VI.D. of this Agreement. In addition, the value to be included in total
project costs and the amount of such credit to be afforded or the amount of
reimbursement provided in accordance with this Agreement shall include the
documented costs incurred by the Non-Federal Sponsor in accordance with the terms and
conditions agreed upon in writing pursuant to Article II.H.1. of this Agreement subject to
an audit in accordance with Article X.C. of this Agreement to determine reasonableness,
allocability, and allowability of such costs.
ARTICLE V - PROJECT COORDINATION TEAM
A. To provide for consistent and effective communication, the Non-Federal Sponsor
and the Government, not later than 30 calendar days after the effective date of this
Agreement, shall appoint named senior representatives to a Project Coordination Team.
Thereafter, the Project Coordination Team shall meet regularly until the end of the period of
design and construction. The Government's Project Manager and a counterpart named by
the Non-Federal Sponsor shall co-chair the Project Coordination Team.
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B. The Government's Proj ect Manager and the Non-Federal Sponsor's counterpart
shall keep the Project Coordination Team informed of the progress of design and
construction and of significant pending issues and actions, and shall seek the views of the
Project Coordination Team on matters that the Project Coordination Team generally
oversees.
C. Until the end of the period of design and construction, the Proj ect Coordination
Team shall generally oversee the Project, including matters related to: design; completion of
all necessary environmental coordination and documentation; plans and specifications;
scheduling; real property and relocation requirements; real property acquisition; contract
awards and modifications; contract costs; the application of and compliance with 40
U.S.C. 3141-3148 and 40 U.S.C. 3701-3708 (revising, codifying and enacting without
substantive change the provisions of the Davis-Bacon Act (formerly 40 U. S.C. 276a et
seq.), the Contract Work Hours and Safety Standards Act (formerly 40 U. S.C. 327 et
seq.) and the Copeland Anti-Kickback Act (formerly 40 U. S.C. 276c)) for relocations
and improvements required on lands, easements, and rights-of-way to enable the disposal of
dredged or excavated material; the investigations to identify the existence and extent of
hazardous substances in accordance with Article XIV.A. of this Agreement; historic
preservation activities in accordance with Article XVII of this Agreement; the
Government's cost projections; final inspection of the entire Project or functional portions
of the Project; preparation of the proposed OMRR&R Manual; anticipated requirements and
needed capabilities for performance of operation, maintenance, repair, rehabilitation, and
replacement of the Project including issuance of permits; and other matters related to the
Project. This oversight of the Project shall be consistent with a project management plan
developed by the Government after consultation with the Non-Federal Sponsor.
D. The Project Coordination Team may make recommendations to the District
Engineer on matters related to the Project that the Project Coordination Team generally
oversees, including suggestions to avoid potential sources of dispute. The Government in
good faith shall consider the recommendations of the Project Coordination Team. The
Government, having the legal authority and responsibility for design and construction of
the Project, has the discretion to accept or reject, in whole or in part, the Project
Coordination Team's recommendations.
E. The Non-Federal Sponsor's costs of participation in the Project Coordination
Team shall be included in total project costs and shared in accordance with the provisions
of this Agreement, subject to an audit in accordance with Article X.C. of this Agreement
to determine reasonableness, allocability, and allowability of such costs. The
Government's costs of participation in the Project Coordination Team shall be included
in total project costs and shared in accordance with the provisions of this Agreement.
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ARTICLE VI - METHOD OF PAYMENT
A. In accordance with the provisions of this paragraph, the Government shall
maintain current records and provide to the Non-Federal Sponsor current projections of
costs, financial obligations, contributions provided by the parties, the value included in
total project costs for lands, easements, rights-of-way, relocations, and improvements
required on lands, easements, and rights-of-way to enable the disposal of dredged or
excavated material determined in accordance with Article IV of this Agreement.
1. As of the effective date of this Agreement, total project costs are
projected to be $6,640,970; the Non-Federal Sponsor's contribution of funds required by
Article II.B.2. of this Agreement is projected to be $2,324,340; the Non-Federal
Sponsor's contribution of funds required by Article II.C.2. of this Agreement is projected
to be $ 0; the non-Federal proportionate share is projected to be 35 percent; the Non-
Federal Sponsor's contribution of funds required by Article XVII.13.3. of this
Agreement is projected to be $ 0; the value included in total project costs for lands,
easements, rights-of-way, relocations, and improvements required on lands, easements,
and rights-of-way to enable the disposal of dredged or excavated material determined in
accordance with Article IV of this Agreement is projected to be $366,000; and the
Government's total financial obligations for the additional work to be incurred and the
Non-Federal Sponsor's contribution of funds for such costs required by Article H.H. of
this Agreement are projected to be $0. These amounts and percentage are estimates
subject to adjustment by the Government, after consultation with the Non-Federal
Sponsor, and are not to be construed as the total financial responsibilities of the
Government and the Non-Federal Sponsor.
2. By June 1 and by each quarterly anniversary thereof until the
conclusion of the period of design and construction and resolution of all relevant claims
and appeals and eminent domain proceedings, the Government shall provide the Non-
Federal Sponsor with a report setting forth all contributions provided to date and the
current projections of the following: total project costs; the Non-Federal Sponsor's total
contribution of funds required by Article II.B.2. of this Agreement; the Non-Federal
Sponsor's contribution of funds required by Article II.C.2. of this Agreement; the non-
Federal proportionate share; the Non-Federal Sponsor's total contribution of funds
required by Article XVII.13.3. of this Agreement; the total contribution of funds required
from the Non-Federal Sponsor for the upcoming contract and upcoming fiscal year; the
value included in total project costs for lands, easements, rights-of-way, relocations, and
improvements required on lands, easements, and rights-of-way to enable the disposal of
dredged or excavated material determined in accordance with Article IV of this
Agreement; and the Government's total financial obligations for additional work incurred
and the Non-Federal Sponsor's contribution of funds for such costs required by Article
II.H. of this Agreement.
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B. The Non-Federal Sponsor shall provide the contributions of funds required by
Article II.B.2., Article H.C.2., and Article XVII.B.3. of this Agreement in accordance with
the provisions of this paragraph.
1. Not less than 60 calendar days prior to the scheduled date for issuance
of the solicitation for the first contract for construction of the Project or commencement
of construction of the Project using the Government's own forces, the Government shall
notify the Non-Federal Sponsor in writing of such scheduled date and the funds the
Government determines to be required from the Non-Federal Sponsor to meet its
projected share under Article H.B.2., Article H.C.2., and Article XVH.B.3. of this
Agreement. Not later than such scheduled date, the Non-Federal Sponsor shall provide
the Government with the full amount of such required funds by delivering a check
payable to "FAO, USAED, Jacksonville" to the District Engineer, or verifying to the
satisfaction of the Government that the Non-Federal Sponsor has deposited such required
funds in an escrow or other account acceptable to the Government, with interest accruing
to the Non-Federal Sponsor, or by presenting the Government with an irrevocable letter
of credit acceptable to the Government for such required funds, or by providing an
Electronic Funds Transfer of such required funds in accordance with procedures
established by the Government.
2. The Government shall draw from the funds provided by the Non-
Federal Sponsor such sums as the Government deems necessary to cover: the non-
Federal proportionate share of financial obligations for design and construction incurred
prior to the commencement of the period of design and construction; (b) the non Federal
proportionate share of financial obligations for design and construction as financial
obligations for design and construction are incurred; and (c) the Non-Federal Sponsor's
share of financial obligations for data recovery activities associated with historic
preservation pursuant to Article XVH.B.3. of this Agreement as those financial
obligations are incurred. If at any time the Government determines that additional funds
will be needed from the Non-Federal Sponsor to cover the Non-Federal Sponsor's share
of such financial obligations, the Government shall notify the Non-Federal Sponsor in
writing of the additional funds required and provide an explanation of why additional
funds are required. Within 30 calendar days from receipt of such notice, the Non-Federal
Sponsor shall provide the Government with the full amount of such additional required
funds through any of the payment mechanisms specified in paragraph B.1. of this Article.
C. Upon conclusion of the period of design and construction and resolution of all
relevant claims and appeals, the Government shall conduct a final accounting and furnish
the Non-Federal Sponsor with written notice of the results of such final accounting. If
outstanding relevant claims and appeals prevent a final accounting from being conducted
in a timely manner, the Government shall conduct an interim accounting and furnish the
Non-Federal Sponsor with written notice of the results of such interim accounting. Once
all outstanding relevant claims and appeals are resolved, the Government shall amend the
interim accounting to complete the final accounting and furnish the Non-Federal Sponsor
with written notice of the results of such final accounting. The interim or final
accounting, as applicable, shall determine total project costs and the costs of any data
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recovery activities associated with historic preservation. In addition, for each set of costs,
the interim or final accounting, as applicable, shall determine each party's required share
thereof, and each party's total contributions thereto as of the date of such accounting.
D. The Non-Federal Sponsor shall provide the contribution of funds required by
Article II.H. of this Agreement for additional work in accordance with the provisions of
this paragraph.
1. Not less than 60 calendar days prior to the scheduled date for the first
financial obligation for additional work, the Government shall notify the Non-Federal
Sponsor in writing of such scheduled date and of the full amount of funds the
Government determines to be required from the Non-Federal Sponsor to cover the costs
of the additional work. No later than 30 calendar days prior to the Government incurring
any financial obligation for additional work, the Non-Federal Sponsor shall provide the
Government with the full amount of the funds required to cover the costs of such
additional work through any of the payment mechanisms specified in paragraph B.1. of
this Article.
2. The Government shall draw from the funds provided by the Non-
Federal Sponsor such sums as the Government deems necessary to cover the
Government's financial obligations for such additional work as they are incurred. If at
any time the Government determines that the Non-Federal Sponsor must provide
additional funds to pay for such additional work, the Government shall notify the Non-
Federal Sponsor in writing of the additional funds required and provide an explanation of
why additional funds are required. Within 30 calendar days from receipt of such notice,
the Non-Federal Sponsor shall provide the Government with the full amount of such
additional required funds through any of the payment mechanisms specified in paragraph
B.1. of this Article.
3. At the time the Government conducts the interim or final accounting,
as applicable, the Government shall conduct an accounting of the Government's financial
obligations incurred for additional work and furnish the Non-Federal Sponsor with
written notice of the results of such accounting. If outstanding relevant claims and
appeals or eminent domain proceedings prevent a final accounting of such financial
obligations for additional work from being conducted in a timely manner, the
Government shall conduct an interim accounting of such financial obligations for
additional work and furnish the Non-Federal Sponsor with written notice of the results of
such interim accounting. Once all outstanding relevant claims and appeals and eminent
domain proceedings are resolved, the Government shall amend the interim accounting of
such financial obligations for additional work to complete the final accounting of such
financial obligations for additional work and furnish the Non-Federal Sponsor with
written notice of the results of such final accounting. Such interim or final accounting, as
applicable, shall determine the Government's total financial obligations for additional
work and the Non-Federal Sponsor's contribution of funds provided thereto as of the date
of such accounting.
19 Item # 23
Attachment number 1
Page 20 of 31
a. Should the interim or final accounting, as applicable, show that
the Government's total financial obligations for additional work exceed the total
contribution of funds provided by the Non-Federal Sponsor for such additional work, the
Non-Federal Sponsor, no later than 90 calendar days after receipt of written notice from
the Government, shall make a payment to the Government in an amount equal to the
difference by delivering a check payable to "FAO, USAED, Jacksonville" to the District
Engineer or by providing an Electronic Funds Transfer in accordance with procedures
established by the Government.
b. Should the interim or final accounting, as applicable, show that
the total contribution of funds provided by the Non-Federal Sponsor for additional work
exceeds the Government's total financial obligations for such additional work, the
Government, subject to the availability of funds, shall refund the excess amount to the
Non-Federal Sponsor within 90 calendar days of the date of completion of such
accounting. In the event the Non-Federal Sponsor is due a refund and funds are not
available to refund the excess amount to the Non-Federal Sponsor, the Government shall
seek such appropriations as are necessary to make the refund.
ARTICLE VII - DISPUTE RESOLUTION
As a condition precedent to a party bringing any suit for breach of this
Agreement, that party must first notify the other party in writing of the nature of the
purported breach and seek in good faith to resolve the dispute through negotiation. If the
parties cannot resolve the dispute through negotiation, they may agree to a mutually
acceptable method of non-binding alternative dispute resolution with a qualified third
party acceptable to both parties. Each party shall pay an equal share of any costs for the
services provided by such a third party as such costs are incurred. The existence of a
dispute shall not excuse the parties from performance pursuant to this Agreement.
ARTICLE VIII - OPERATION, MAINTENANCE, REPAIR, REHABILITATION,
AND REPLACEMENT (OMRR&R)
A. Upon receipt of the notification from the District Engineer in accordance with
Article II.D. of this Agreement and for so long as the Project remains authorized, the Non-
Federal Sponsor, pursuant to Article II.E. of this Agreement, shall operate, maintain,
repair, rehabilitate, and replace the entire Project or functional portion of the Project, at no
cost to the Government. The Non-Federal Sponsor shall conduct its operation,
maintenance, repair, rehabilitation, and replacement responsibilities in a manner
compatible with the Project's authorized purposes and in accordance with applicable
Federal and State laws as provided in Article XI of this Agreement and specific directions
prescribed by the Government in the interim or final OMRR&R Manual and any
subsequent amendments thereto.
20 Item # 23
Attachment number 1
Page 21 of 31
B. The Non-Federal Sponsor hereby gives the Government a right to enter, at
reasonable times and in a reasonable manner, upon property that the Non-Federal Sponsor
now or hereafter owns or controls for access to the Project for the purpose of inspection and,
if necessary, for the purpose of completing, operating, maintaining, repairing, rehabilitating,
or replacing the Project. If an inspection shows that the Non-Federal Sponsor for any
reason is failing to perform its obligations under this Agreement, the Government shall send
a written notice describing the non-performance to the Non-Federal Sponsor. If, after 30
calendar days from receipt of such written notice by the Government, the Non-Federal
Sponsor continues to fail to perform, then the Government shall have the right to enter, at
reasonable times and in a reasonable manner, upon property that the Non-Federal Sponsor
now or hereafter owns or controls for the purpose of completing, operating, maintaining,
repairing, rehabilitating, or replacing the Project. No completion, operation, maintenance,
repair, rehabilitation, or replacement by the Government shall relieve the Non-Federal
Sponsor of responsibility to meet the Non-Federal Sponsor's obligations as set forth in this
Agreement, or to preclude the Government from pursuing any other remedy at law or equity
to ensure faithful performance pursuant to this Agreement.
ARTICLE IX - HOLD AND SAVE
Subject to the provisions of Article XIX of this Agreement, the Non-Federal
Sponsor shall hold and save the Government free from all damages arising from design,
construction, operation, maintenance, repair, rehabilitation, and replacement of the Project
and any betterments, except for damages due to the fault or negligence of the Government
or its contractors.
ARTICLE X - MAINTENANCE OF RECORDS AND AUDIT
A. Not later than 60 calendar days after the effective date of this Agreement, the
Government and the Non-Federal Sponsor shall develop procedures for keeping books,
records, documents, or other evidence pertaining to costs and expenses incurred pursuant to
this Agreement. These procedures shall incorporate, and apply as appropriate, the standards
for financial management systems set forth in the Uniform Administrative Requirements for
Grants and Cooperative Agreements to State and Local Governments at 32 C.F.R. Section
33.20. The Government and the Non-Federal Sponsor shall maintain such books, records,
documents, or other evidence in accordance with these procedures and for a minimum of
three years after completion of the accounting for which such books, records, documents, or
other evidence were required. To the extent permitted under applicable Federal laws and
regulations, the Government and the Non-Federal Sponsor shall each allow the other to
inspect such books, records, documents, or other evidence.
B. In accordance with 32 C.F.R. Section 33.26, the Non-Federal Sponsor is
responsible for complying with the Single Audit Act Amendments of 1996 (31 U.S.C. 7501-
7507), as implemented by Office of Management and Budget (OMB) Circular No. A-133
and Department of Defense Directive 7600.10. Upon request of the Non-Federal Sponsor
21 Item # 23
Attachment number 1
Page 22 of 31
and to the extent permitted under applicable Federal laws and regulations, the Government
shall provide to the Non-Federal Sponsor and independent auditors any information
necessary to enable an audit of the Non-Federal Sponsor's activities under this Agreement.
The costs of any non-Federal audits performed in accordance with this paragraph shall be
allocated in accordance with the provisions of ONIB Circulars A-87 and A-133, and such
costs as are allocated to the Project shall be included in total project costs and shared in
accordance with the provisions of this Agreement.
C. In accordance with 31 U.S.C. 7503, the Government may conduct audits in
addition to any audit that the Non-Federal Sponsor is required to conduct under the Single
Audit Act Amendments of 1996. Any such Government audits shall be conducted in
accordance with Government Auditing Standards and the cost principles in ONIB Circular
No. A-87 and other applicable cost principles and regulations. The costs of Government
audits performed in accordance with this paragraph shall be included in total project costs
and shared in accordance with the provisions of this Agreement.
ARTICLE XI - FEDERAL AND STATE LAWS
In the exercise of their respective rights and obligations under this Agreement, the
Non-Federal Sponsor and the Government shall comply with all applicable Federal and
State laws and regulations, including, but not limited to: Section 601 of the Civil Rights
Act of 1964, Public Law 88-352 (42 U.S.C. 2000d) and Department of Defense Directive
5500.11 issued pursuant thereto; Army Regulation 600-7, entitled "Nondiscrimination on
the Basis of Handicap in Programs and Activities Assisted or Conducted by the
Department of the Army"; and all applicable Federal labor standards requirements
including, but not limited to, 40 U.S.C. 3141-3148 and 40 U.S.C. 3701-3708 (revising,
codifying and enacting without substantive change the provisions of the Davis-Bacon Act
(formerly 40 U.S.C. 276a etseq.), the Contract Work Hours and Safety Standards Act
(formerly 40 U.S.C. 327 etseq.) and the Copeland Anti-Kickback Act (formerly 40
U.S.C. 276c)).
ARTICLE XII - RELATIONSHIP OF PARTIES
A. In the exercise of their respective rights and obligations under this Agreement,
the Government and the Non-Federal Sponsor each act in an independent capacity, and
neither is to be considered the officer, agent, or employee of the other.
B. In the exercise of its rights and obligations under this Agreement, neither party
shall provide, without the consent of the other party, any contractor with a release that
waives or purports to waive any rights the other party may have to seek relief or redress
against that contractor either pursuant to any cause of action that the other party may have or
for violation of any law.
22 Item # 23
Attachment number 1
Page 23 of 31
ARTICLE XIII - TERMINATION OR SUSPENSION
A. If at any time the Non-Federal Sponsor fails to fulfill its obligations under this
Agreement, the Assistant Secretary of the Army (Civil Works) shall terminate this
Agreement or suspend future performance under this Agreement unless he determines that
continuation of work on the Project is in the interest of the United States or is necessary in
order to satisfy agreements with any other non-Federal interests in connection with the
Project.
B. In the event future performance under this Agreement is suspended pursuant
to Article H.C. of this Agreement, such suspension shall remain in effect until such time
that the Government notifies the Non-Federal Sponsor in writing that sufficient Federal
funds are available to meet the Federal share of total project costs and the Federal share
of costs for data recovery activities associated with historic preservation in accordance
with Article XVII.B.2. and Article XVH.B.3. of this Agreement the Government projects
to be incurred through the then-current or upcoming fiscal year, or the Government or the
Non-Federal Sponsor elects to terminate this Agreement.
C. In the event that the Government and the Non-Federal Sponsor determine to
suspend future performance under this Agreement in accordance with Article XIV.C. of
this Agreement, such suspension shall remain in effect until the Government and the
Non-Federal Sponsor agree to proceed or to terminate this Agreement. In the event that
the Government suspends future performance under this Agreement in accordance with
Article XIV.C. of this Agreement due to failure to reach agreement with the Non-Federal
Sponsor on whether to proceed or to terminate this Agreement, or the failure of the Non-
Federal Sponsor to provide funds to pay for cleanup and response costs or to otherwise
discharge the Non-Federal Sponsor's responsibilities under Article XIV.C. of this
Agreement, such suspension shall remain in effect until: 1) the Government and Non-
Federal Sponsor reach agreement on how to proceed or to terminate this Agreement; 2)
the Non-Federal Sponsor provides funds necessary to pay for cleanup and response costs
and otherwise discharges its responsibilities under Article XIV.C. of this Agreement; 3)
the Government continues work on the Project; or 4) the Government terminates this
Agreement in accordance with the provisions of Article XIV.C. of this Agreement.
D. If after completion of the design portion of the Project the parties mutually
agree in writing not to proceed with construction of the Project, the parties shall conclude
their activities relating to the Project and conduct an accounting in accordance with
Article VI.C. of this Agreement.
E. In the event that this Agreement is terminated pursuant to this Article or Article
XIV.C. of this Agreement, both parties shall conclude their activities relating to the Project
and conduct an accounting in accordance with Article VI.C. of this Agreement. To provide
for this eventuality, the Government may reserve a percentage of total Federal funds
made available for the Project and an equal percentage of the total funds contributed by
the Non-Federal Sponsor in accordance with Article II.B.2., Article H.C.2., and Article
23 Item # 23
Attachment number 1
Page 24 of 31
XVII.B.3. of this Agreement as a contingency to pay costs of termination, including any
costs of resolution of contract claims and contract modifications.
F. Any termination of this Agreement or suspension of future performance under
this Agreement in accordance with this Article or Article II.C. or Article XIV.C. of this
Agreement shall not relieve the parties of liability for any obligation previously incurred.
Any delinquent payment owed by the Non-Federal Sponsor shall be charged interest at a
rate, to be determined by the Secretary of the Treasury, equal to 150 per centum of the
average bond equivalent rate of the 13 week Treasury bills auctioned immediately prior to
the date on which such payment became delinquent, or auctioned immediately prior to the
beginning of each additional 3 month period if the period of delinquency exceeds 3 months.
ARTICLE XIV - HAZARDOUS SUBSTANCES
A. After execution of this Agreement and upon direction by the District Engineer,
the Non-Federal Sponsor shall perform, or ensure performance of, any investigations for
hazardous substances that the Government or the Non-Federal Sponsor determines to be
necessary to identify the existence and extent of any hazardous substances regulated under
the Comprehensive Environmental Response, Compensation, and Liability Act (42 U.S.C.
9601-9675; hereinafter "CERCLA"), that may exist in, on, or under lands, easements, and
rights-of-way that the Government determines, pursuant to Article III of this Agreement, to
be required for construction, operation, and maintenance of the Project. However, for lands,
easements, and rights-of-way that the Government determines to be subject to the navigation
servitude, only the Government shall perform such investigations unless the District
Engineer provides the Non-Federal Sponsor with prior specific written direction, in which
case the Non-Federal Sponsor shall perform such investigations in accordance with such
written direction.
1. All actual costs incurred by the Non-Federal Sponsor for such
investigations for hazardous substances shall be included in total project costs and shared in
accordance with the provisions of this Agreement, subject to an audit in accordance with
Article X.C. of this Agreement to determine reasonableness, allocability, and allowability of
such costs.
2. All actual costs incurred by the Government for such investigations for
hazardous substances shall be included in total project costs and shared in accordance
with the provisions of this Agreement.
B. In the event it is discovered through any investigation for hazardous substances
or other means that hazardous substances regulated under CERCLA exist in, on, or under
any lands, easements, or rights-of-way that the Government determines, pursuant to Article
III of this Agreement, to be required for construction, operation, and maintenance of the
Project, the Non-Federal Sponsor and the Government, in addition to providing any other
notice required by applicable law, shall provide prompt written notice to each other, and the
24 Item # 23
Attachment number 1
Page 25 of 31
Non-Federal Sponsor shall not proceed with the acquisition of the real property interests
until the parties agree that the Non-Federal Sponsor should proceed.
C. The Government and the Non-Federal Sponsor shall determine whether to
initiate construction of the Project, or, if already in construction, whether to continue with
construction of the Project, suspend future performance under this Agreement, or terminate
this Agreement for the convenience of the Government, in any case where hazardous
substances regulated under CERCLA are found to exist in, on, or under any lands,
easements, or rights-of-way that the Government determines, pursuant to Article III of this
Agreement, to be required for construction, operation, and maintenance of the Project.
Should the Government and the Non-Federal Sponsor determine to initiate or continue with
construction of the Project after considering any liability that may arise under CERCLA, the
Non-Federal Sponsor shall be responsible, as between the Government and the Non-Federal
Sponsor, for the costs of cleanup and response, including the costs of any studies and
investigations necessary to determine an appropriate response to the contamination. Such
costs shall not be considered a part of total project costs. In the event the Non-Federal
Sponsor does not reach agreement with the Government on whether to proceed or to
terminate this Agreement under this paragraph, or fails to provide any funds necessary to
pay for cleanup and response costs or to otherwise discharge the Non-Federal Sponsor's
responsibilities under this paragraph upon direction by the Government, the Government, in
its sole discretion, may either terminate this Agreement for the convenience of the
Government, suspend future performance under this Agreement, or continue work on the
Project.
D. The Non-Federal Sponsor and the Government shall consult with each other in
accordance with Article V of this Agreement in an effort to ensure that responsible parties
bear any necessary cleanup and response costs as defined in CERCLA. Any decision made
pursuant to paragraph C. of this Article shall not relieve any third party from any liability
that may arise under CERCLA.
E. As between the Government and the Non-Federal Sponsor, the Non-Federal
Sponsor shall be considered the operator of the Project for purposes of CERCLA liability.
To the maximum extent practicable, the Non-Federal Sponsor shall operate, maintain,
repair, rehabilitate, and replace the Project in a manner that will not cause liability to arise
under CERCLA.
ARTICLE XV - NOTICES
A. Any notice, request, demand, or other communication required or permitted to be
given under this Agreement shall be deemed to have been duly given if in writing and
delivered personally or sent by telegram or mailed by first-class, registered, or certified mail,
as follows:
25 Item # 23
Attachment number 1
Page 26 of 31
If to the Non-Federal Sponsor:
Mayor
City of Clearwater
112 South Osceola Avenue
Clearwater, Florida 33756
If to the Government:
District Engineer
Jacksonville District
U.S. Army Corps of Engineers
P.O. Box 4970
Jacksonville, Florida 32232
B. A party may change the address to which such communications are to be
directed by giving written notice to the other parry in the manner provided in this Article.
C. Any notice, request, demand, or other communication made pursuant to this
Article shall be deemed to have been received by the addressee at the earlier of such time as
it is actually received or seven calendar days after it is mailed.
ARTICLE XVI - CONFIDENTIALITY
To the extent permitted by the laws governing each party, the parties agree to
maintain the confidentiality of exchanged information when requested to do so by the
providing parry.
ARTICLE XVII - HISTORIC PRESERVATION
A. The Government, as it determines necessary for the Project, shall perform any
identification, survey, or evaluation of historic properties. Any costs incurred by the
Government for such work shall be included in total project costs and shared in
accordance with the provisions of this Agreement.
B. The Government, as it determines necessary for the Project, shall perform or
ensure the performance of any mitigation activities or actions for historic properties or
that are otherwise associated with historic preservation including data recovery activities.
1. Any costs incurred by the Government for such mitigation activities,
except for data recovery activities associated with historic preservation, shall be included
in total project costs and shared in accordance with the provisions of this Agreement.
26 Item # 23
Attachment number 1
Page 27 of 31
2. As specified in Section 7(a) of Public Law 86-523, as amended by
Public Law 93-291 (16 U.S.C. 469c(a)), the costs of data recovery activities associated
with historic preservation shall be borne entirely by the Government and shall not be
included in total project costs, up to the statutory limit of one percent of the Section 206
Project Limit.
3. The Government shall not incur costs for data recovery activities
associated with historic preservation that exceed the statutory one percent limit specified in
paragraph B.2. of this Article unless and until the Assistant Secretary of the Army (Civil
Works) has waived that limit and the Secretary of the Interior has concurred in the waiver
in accordance with Section 208(3) of Public Law 96-515, as amended (16 U.S.C. 469c-
2(3)). Any costs of data recovery activities associated with historic preservation that exceed
the one percent limit shall not be included in total project costs but shall be shared between
the Non-Federal Sponsor and the Government consistent with the cost sharing requirements
for aquatic ecosystem restoration, as follows: 35 percent will be borne by the Non-Federal
Sponsor and 65 percent will be borne by the Government.
C. If, during its performance of relocations or construction of improvements
required on lands, easements, and rights-of-way to enable the disposal of dredged or
excavated material in accordance with Article III of this Agreement, the Non-Federal
Sponsor discovers historic properties or other cultural resources that have not been evaluated
by the Government pursuant to this Article, the Non-Federal Sponsor shall provide prompt
written notice to the Government of such discovery. The Non-Federal Sponsor shall not
proceed with performance of the relocation or construction of the improvement that is
related to such discovery until the Government provides written notice to the Non-Federal
Sponsor that it should proceed with such work.
ARTICLE XVIII - THIRD PARTY RIGHTS, BENEFITS, OR LIABILITIES
Nothing in this Agreement is intended, nor may be construed, to create any rights,
confer any benefits, or relieve any liability, of any kind whatsoever in any third person
not party to this Agreement.
ARTICLE XIX - OBLIGATIONS OF FUTURE APPROPRIATIONS
A. Nothing herein shall constitute, nor be deemed to constitute, an obligation of
future appropriations by the City Council of the City of Clearwater, Florida, where
creating such an obligation would be inconsistent with Chapter 166 of the Statutes of
Florida.
B. The Non-Federal Sponsor intends to fulfill its obligations under this
Agreement. The Non-Federal Sponsor shall include in its budget request or otherwise
propose appropriations of funds in amounts sufficient to fulfill these obligations for that
27 Item # 23
Attachment number 1
Page 28 of 31
year, and shall use all reasonable and lawful means to secure those appropriations. The
Non-Federal Sponsor reasonably believes that funds in amounts sufficient to fulfill these
obligations lawfully can and will be appropriated and made available for this purpose. In
the event funds are not appropriated in amounts sufficient to fulfill these obligations, the
Non-Federal Sponsor shall use its best efforts to satisfy any requirements for payments or
contributions of funds under this Agreement from any other source of funds legally
available for this purpose. Further, if the Non-Federal Sponsor is unable to fulfill these
obligations, the Government may exercise any legal rights it has to protect the
Government's interests related to this Agreement.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement, which
shall become effective upon the date it is signed by the District Engineer.
DEPARTMENT OF THE ARMY
BY:
Paul L. Grosskruger
Colonel, US Army
District Engineer
CITY OF CLEARWATER, FLORIDA
BY:
Frank Hibbard
Mayor
DATE: DATE:
28
Item # 23
Attachment number 1
Page 29 of 31
CERTIFICATE OF AUTHORITY
I, Pamela K. Akin, do hereby certify that I am the principal legal officer of the City
of Clearwater, Florida, that the City of Clearwater, Florida is a legally constituted public
body with full authority and legal capability to perform the terms of the Agreement between
the Department of the Army and the City of Clearwater, Florida in connection with the
Stevenson Creek Estuary Aquatic Ecosystem Restoration Project, and to pay damages, if
necessary, in the event of the failure to perform in accordance with the terms of this
Agreement, as required by Section 221 of the Flood Control Act of 1970, Public Law
91-611, as amended (42 U.S.C. 1962d-5b), and that the persons who have executed this
Agreement on behalf of the City of Clearwater, Florida have acted within their statutory
authority.
IN WITNESS WHEREOF, I have made and executed this certification this
day of 20
Pamela K. Akin
City Attorney
City of Clearwater, Florida
29 Item # 23
Attachment number 1
Page 30 of 31
CERTIFICATION REGARDING LOBBYING
The undersigned certifies, to the best of his or her knowledge and belief that:
(1) No Federal appropriated funds have been paid or will be paid, by or on behalf
of the undersigned, 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 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.
(2) 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, the undersigned shall complete and submit Standard Form-LLL,
"Disclosure Form to Report Lobbying," in accordance with its instructions.
(3) The undersigned shall require that the language of this certification be
included in the award documents for all subawards at all tiers (including subcontracts,
subgrants, and contracts under grants, loans, and cooperative agreements) and that all
subrecipients shall certify and disclose accordingly.
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 31 U.S.C. 1352.
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.
Frank Hibbard
Mayor
City of Clearwater, Florida
DATE:
30 Item # 23
Attachment number 1
Page 31 of 31
CERTIFICATE OF LEGAL REVIEW
The Project Partnership Agreement for the Stevenson Creek Estuary Aquatic
Ecosystem Restoration Project has been fully reviewed by the Office of Counsel,
USAED, Jacksonville, and is legally sufficient.
District Counsel
31 Item # 23
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Meeting Date:8/18/2008
4`k ' g Work Session
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Approve the Annexation, Initial Land Use Plan Designation of Residential Urban (RU) and Initial Zoning Atlas Designation of Medium
Density Residential (MDR) District for 1729 Overbrook Avenue (Lot 7, Nichols Subdivision, according to the map or plat thereof as
recorded in Plat Book 30, Page 9, Public Records of Pinellas County, Florida); and Pass Ordinances 7985-08, 7986-08 and 7987-08 on
first reading. (ANX2008-04010)
SUMMARY:
This voluntary annexation petition involves a 0.132-acre property consisting of one parcel of land occupied by an attached dwelling
(duplex). It is located on the northwest corner of the intersection of Overbrook Avenue and Finland Drive. The applicant is requesting
this annexation in order to receive solid waste service from the City. The property is contiguous to existing City boundaries to the south
and west. It is proposed that the property be assigned a Future Land Use Plan designation of Residential Urban (RU) and a zoning
category of Medium Density Residential (MDR).
The Planning Department determined that the proposed annexation is consistent with the provisions of Community Development Code
Section 4-604.E:
The closest sanitary sewer line is located in the Jade Avenue right-of-way. Due to the distance to this line, sewer service is not
readily available to the applicant's property. This area has been identified for future sewer expansion but timing will depend
upon funding availability. Collection of solid waste will be provided by the City of Clearwater. The property is located within
Police District II and service will be administered through Police Headquarters located at 645 Pierce Street. Fire and emergency
medical services will be provided to this property by Station 51 located at 1721 Overbrook Avenue, immediately south of the
property proposed for annexation. The City has adequate capacity to serve this property with water, solid waste, police, fire and
EMS service. The property is served by City water. The proposed annexation will not have an adverse effect on public facilities
and their levels of service;
• The proposed annexation is consistent with and promotes the following objective of the Clearwater Comprehensive Plan:
Objective 2.4: Compact urban development within the urban service area
shall be promoted through application of the Clearwater
Community Development Code;
The proposed RU Future Land Use Plan category is consistent with the current Countywide Plan designation of this
property. This designation permits residential uses at a density of 7.5 units per acre. The proposed zoning district to be assigned
to the property is the MDR District. The use of the subject property is consistent with the uses allowed in the District and the
property, but does not meet the District's minimum dimensional requirements and will be nonconforming as to density. The
applicant has been notified and understands the nonconforming status. Aside from dimensional requirement issues, the proposed
annexation is consistent with the Countywide Plan, City's Comprehensive Plan and Community Development Code; and
• The property proposed for annexation is contiguous to existing City boundaries to the south and west; therefore the annexation is
consistent with Florida Statutes Chapter 171.044.
Review Approval: 1) Legal 2) Clerk 3) Assistant City Manager 4) Clerk 5) City Manager 6) Clerk
Cover Memo
Item # 24
Attachment number 1
Page 1 of 7
Location Map
Owner Barnell Evans Case: ANX2008-04010
Site:
1729 Overbrook Avenue Property Size (Acre): 0.132
Size R-O-W (Acres):
Land Use Zoning
PIN: 03-29-15-60048-000-0070
From : RU (County) R-4 (County)
To: RU (City) MDR (City) Atlas Page: 260B
S:APlanning Department\C D B\Annexations\ANX - 2008\ANX2008-04010 - 1729 Overbrook Avenue - Evans\Maps\LOCATION
MAP.aoc Item # 24
Attachment number 1
Page 2 of 7
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Owner Barnell Evans Case: ANX2008-04010
Site: 1729 Overbrook Avenue Property Size (Acre): 0.132
Size R-O-W (Acres):
Land Use Zoning
PIN: 03-29-15-60048-000-0070
From : RU (County) R-4 (County)
To: RU (City) MDR (City) Atlas Page: 260B
S:APlanning DepartmentT D B\Annexations\ANX - 2008\ANX2008-04010 - 1729 Overbrook Avenue - Evans\Maps\AERIALft&1 # 24
Attachment number 1
Page 3 of 7
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Owner Barnell Evans Case: ANX2008-04010
Site:
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Size R-O-W (Acres):
Land Use Zoning
PIN: 03-29-15-60048-000-0070
From : RU (County) R-4 (County)
To: RU (City) MDR (City) Atlas Page: 260B
S:APlanning DepartmentT D B\Annexations\ANX - 2008\ANX2008-04010 - 1729 Overbrook Avenue - Evans\Maps\PROPOSED
ANNEXATION.doc Item # 24
Attachment number 1
Page 4 of 7
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Site: 1729 Overbrook Avenue Size R-o-w(Aeres,:
Land Use Zoning
PIN: 03-29-15-60048-000-0070
From : RU (County) R-4 (County)
To: RU (City) MDR (City) Atlas Page: 260B
S:APlanning DepartmentT D B\Annexations\ANX - 2008\ANX2008-04010 - 1729 Overbrook Avenue - Evans\Maps\FUTURE LAND
USE.doc Item # 24
Attachment number 1
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Owner Barnell Evans Case: ANX2008-04010
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Size R-o-w(Aeres,:
Land Use Zoning
PIN: 03-29-15-60048-000-0070
From : RU (County) R-4 (County)
To: RU (City) MDR (City) Atlas Page: 260B
S:APlanning DepartmentT D B\Annexations\ANX - 2008\ANX2008-04010 - 1729 Overbrook Avenue - Evans\Maps\ZONINdtem # 24
Attachment number 1
Page 6 of 7
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Owner Barnell Evans Case: ANX2008-04010
Site:
1729 Overbrook Avenue Property Size (Acre c 0.132
Size R-o-w(Aeres,:
Land Use Zoning
PIN: 03-29-15-60048-000-0070
From : RU (County) R-4 (County)
To: RU (City) MDR (City) Atlas Page: 260B
S:APlanning DepartmentT D B\Annexations\ANX - 2008\ANX2008-04010 - 1729 Overbrook Avenue - Evans\Maps\EXISTING LAND
USE.doc Item # 24
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ANX2008-04010
Barnell and Louise Evans
1729 Overbrook Avenue
Item # 24
Attachment number 2
Page 1 of 1
ORDINANCE NO. 7985-08
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
ANNEXING CERTAIN REAL PROPERTY LOCATED AT THE
NORTHWEST CORNER OF THE INTERSECTION OF
OVERBROOK AVENUE AND PINELAND DRIVE, CONSISTING
OF LOT 7, NICHOLS SUBDIVISION, WHOSE POST OFFICE
ADDRESS IS 1729 OVERBROOK 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 COUNCIL OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. The following-described property is hereby annexed into the City of Clearwater
and the boundary lines of the City are redefined accordingly:
Lot 7, Nichols Subdivision, according to the map or plat thereof as recorded in Plat
Book 30, Page 9, Public Records of Pinellas County, Florida (ANX2008-04010)
Section 2. The provisions of this ordinance are found and determined to be consistent
with the City of Clearwater Comprehensive Plan. The City Council hereby accepts the dedication
of all easements, parks, rights-of-way and other dedications to the public, which have heretofore
been made by plat, deed or user within the annexed property. The City Engineer, the City Clerk
and the Planning Director are directed to include and show the property described herein upon the
official maps and records of the City.
Section 3. This ordinance shall take effect immediately upon adoption. The City Clerk
shall file certified copies of this ordinance, including the map attached hereto, with the Clerk of the
Circuit Court and with the County Administrator of Pinellas County, Florida, within 7 days after
adoption, and shall file a certified copy with the Florida Department of State within 30 days after
adoption.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Frank V. Hibbard
Mayor
Approved as to form:
Leslie K. Dougall-Sides
Assistant City Attorney
Attest:
Cynthia E. Goudeau
City Clerk
Item # 24
Ordinance No. 7985-08
Attachment number 3
Page 1 of 1
ORDINANCE NO. 7986-08
AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA, AMENDING THE FUTURE LAND USE PLAN
ELEMENT OF THE COMPREHENSIVE PLAN OF THE
CITY, TO DESIGNATE THE LAND USE FOR CERTAIN
REAL PROPERTY AT THE NORTHWEST CORNER OF
THE INTERSECTION OF OVERBROOK AVENUE AND
PINELAND DRIVE, CONSISTING OF LOT 7, NICHOLS
SUBDIVISION, WHOSE POST OFFICE ADDRESS IS 1729
OVERBROOK AVENUE, UPON ANNEXATION INTO THE
CITY OF CLEARWATER, AS RESIDENTIAL URBAN (RU);
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 COUNCIL OF THE CITY
OF CLEARWATER, FLORIDA:
Section 1. The future land use plan element of the comprehensive plan of the City
of Clearwater is amended by designating the land use category for the hereinafter
described property, upon annexation into the City of Clearwater, as follows:
Property Land Use Category
Lot 7, Nichols Subdivision, according to the Residential Urban (RU)
map or plat thereof as recorded in Plat Book 30,
Page 9, Public Records of Pinellas County, Florida
(ANX2008-04010)
Section 2. The City Council does hereby certify that this ordinance is consistent
with the City's comprehensive plan.
Section 3. This ordinance shall take effect immediately upon adoption, contingent
upon and subject to the adoption of Ordinance No. 7985-08.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Frank V. Hibbard
Mayor
Approved as to form: Attest:
Leslie K. Dougall-Sides Cynthia E. Goudeau
Assistant City Attorney City Clerk Item # 24
Ordinance No. 7986-08
Attachment number 4
Page 1 of 1
ORDINANCE NO. 7987-08
AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY
BY ZONING CERTAIN REAL PROPERTY LOCATED AT
THE NORTHWEST CORNER OF THE INTERSECTION OF
OVERBROOK AVENUE AND PINELAND DRIVE,
CONSISTING OF LOT 7, NICHOLS SUBDIVISION,
WHOSE POST OFFICE ADDRESS IS 1729 OVERBROOK
AVENUE, UPON ANNEXATION INTO THE CITY OF
CLEARWATER, AS MEDIUM DENSITY RESIDENTIAL
(MDR); PROVIDING AN EFFECTIVE DATE.
WHEREAS, the assignment of a zoning district classification as set forth in this
ordinance is found to be reasonable, proper and appropriate, and is consistent with the
City's comprehensive plan; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF CLEARWATER, FLORIDA:
Section 1. The following described property located in Pinellas County, Florida, is
hereby zoned as indicated upon annexation into the City of Clearwater, and the zoning
atlas of the City is amended, as follows:
Property Zoning District
Lot 7, Nichols Subdivision, according to the Medium Density
map or plat thereof as recorded in Plat Book 30, Residential
Page 9, Public Records of Pinellas County, (MDR)
Florida (ANX2008-04010)
Section 2. The City Engineer is directed to revise the zoning atlas of the City in
accordance with the foregoing amendment.
Section 3. This ordinance shall take effect immediately upon adoption, contingent
upon and subject to the adoption of Ordinance No. 7985-08.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Approved as to form:
Leslie K. Dougall-Sides
Assistant City Attorney
Frank V. Hibbard
Mayor
Attest:
Cynthia E. Goudeau
City Clerk
Item # 24
Ordinance No. 7987-08
Meeting Date:8/18/2008
4`k ' g Work Session
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Approve the Annexation, Initial Land Use Plan Designation of Residential Low (RL) and Initial Zoning Atlas Designation of Low
Medium Density Residential (LMDR) District for 1837 Carlton Drive (Lot Two (2), Block C, Carlton Terrace, according to the Map or
Plat thereof as recorded in Plat Book 41, Page 16, Public Records of Pinellas County, Florida); and Pass Ordinances 7988-08, 7989-08
and 7990-08 on first reading. (ANX2008-05012)
SUMMARY:
This voluntary annexation petition involves a 0.178-acre property consisting of one parcel of land occupied by a single-family
dwelling. It is located on the east side of Carlton Drive, approximately 80 feet south of Woodring Drive. The applicant is requesting this
annexation in order to receive sanitary sewer and solid waste service from the City. The property is in an enclave and is contiguous to
existing City boundaries to the west. This petition will reduce this enclave. It is proposed that the property be assigned a Future Land
Use Plan designation of Residential Low (RL) and a zoning category of Low Medium Density Residential (LMDR).
The Planning Department determined that the proposed annexation is consistent with the provisions of Community Development Code
Section 4-604.E:
The closest sanitary sewer line is located in the Carlton Drive right-of-way in front of the property, and the applicant has paid the
City's required sewer impact and assessment fee. Collection of solid waste will be provided by the City of Clearwater. The
property is located within Police District III and service will be administered through the Police Department substation located at
2851 North McMullen Booth Road. Fire and emergency medical services will be provided to this property by Station 48 located
at 1700 N. Belcher Road. The City has adequate capacity to serve this property with sanitary sewer, solid waste, police, fire and
EMS service. The property is served by County water. The proposed annexation will not have an adverse effect on public
facilities and their levels of service;
• The proposed annexation is consistent with and promotes the following objective of the Clearwater Comprehensive Plan:
Objective 2.4: Compact urban development within the urban service
area shall be promoted through application of the Clearwater
Community Development Code;
• The proposed RL Future Land Use Plan category is consistent with the current Countywide Plan designation of this
property. This designation primarily permits residential uses at a density of five dwelling units per acre. The proposed zoning
district to be assigned to the property is the LMDR District. The use of the subject property is consistent with the uses allowed in
the District and the property exceeds the District's minimum dimensional requirements. The proposed annexation is therefore
consistent with the Countywide Plan, City's Comprehensive Plan and Community Development Code; and
• The property proposed for annexation is contiguous to existing City boundaries to the west; therefore the annexation is consistent
with Florida Statutes Chapter 171.044.
Review Approval: 1) Legal 2) Clerk 3) Assistant City Manager 4) Clerk 5) City Manager 6) Clerk
Cover Memo
Item # 25
Attachment number 1
Page 1 of 7
Location Map
Owner Tam Sze Case: ANX2008-05012
Site: 1837 Carlton Drive Property 0.178
Size Acres :
Land Use Zoning
PIN: 05-29-16-13536-003-0020
From : RL (County) R-3 (County)
To: RL (City) LMDR (City) Atlas Page: 264A
S:APlanning Department\C D B\Annexations\ANX - 2008\ANX2008-05012 - 1837 Carlton Drive - SzeAMaps\Location Mapltem # 25
Attachment number 1
Page 2 of 7
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Owner Tam Sze Case: ANX2008-05012
Site: 1837 Carlton Drive Property 0.178
Size Acres :
Land Use Zoning
PIN: 05-29-16-13536-003-0020
From : RL (County) R-3 (County)
To: RL (City) LMDR (City) Atlas Page: 264A
S:APlanning Department\C D B\Annexations\ANX - 2008\ANX2008-05012 - 1837 Carlton Drive - SzeAMaps\Aerial Photographtel # 25
Attachment number 1
Page 3 of 7
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Owner Tam Sze Case: ANX2008-05012
Site: 1837 Carlton Drive Property
Size Acres : 0.178
Land Use Zoning
From :
RL (County)
R-3 (County) PIN: 05-29-16-13536-003-0020
To: RL (City) LMDR (City) Atlas Page: 264A
S:APlanning Department\C D B\Annexations\ANX - 2008\ANX2008-05012 - 1837 Carlton Drive - SzeAMaps\Proposed Annexation
Map.doc Item # 25
Attachment number 1
Page 4 of 7
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Furture Land Use Map
Owner Tam Sze Case: ANX2008-05012
Site: 1837 Carlton Drive Property
Size Acres : 0.178
Land Use Zoning
From :
RL (County)
R-3 (County) PIN: 05-29-16-13536-003-0020
To: RL (City) LMDR (City) Atlas Page: 264A
S:APlanning Department\C D B\Annexations\ANX - 2008\ANX2008-05012 - 1837 Carlton Drive - SzeAMaps\Future Land Use Af # 25
Attachment number 1
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Owner Tam Sze Case: ANX2008-05012
Site: 1837 Carlton Drive
Property
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Land Use Zoning
From :
RL (County)
R-3 (County) PIN: 05-29-16-13536-003-0020
To: RL (City) LMDR (City) Atlas Page: 264A
S:APlanning Department\C D B\Annexations\ANX - 2008\ANX2008-05012 - 1837 Carlton Drive - SzeAMaps\Zoning Map.d tem # 25
Attachment number 1
Page 6 of 7
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Owner Tam Sze Case: ANX2008-05012
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Land Use Zoning
From :
RL (County)
R-3 (County) PIN: 05-29-16-13536-003-0020
To: RL (City) LMDR (City) Atlas Page: 264A
S:APlanning Department\C D B\Annexations\ANX - 2008\ANX2008-05012 - 1837 Carlton Drive - SzeAMaps\Existing Surroundin Uses
Map.doc Item # 25
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View looking southeast at property
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View looking north on Carlton Drive
View looking south on Carlton Drive
ANX2008-05012
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1837 Carlton Drive
Attachment number 1
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Item # 25
Attachment number 2
Page 1 of 1
ORDINANCE NO. 7988-08
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
ANNEXING CERTAIN REAL PROPERTY LOCATED ON THE
EAST SIDE OF CARLTON DRIVE APPROXIMATELY 80 FEET
SOUTH OF WOODRING DRIVE, CONSISTING OF LOT TWO,
BLOCK C, CARLTON TERRACE, WHOSE POST OFFICE
ADDRESS IS 1837 CARLTON DRIVE, INTO THE CORPORATE
LIMITS OF THE CITY, AND REDEFINING THE BOUNDARY
LINES OF THE CITY TO INCLUDE SAID ADDITION; PROVIDING
AN EFFECTIVE DATE.
WHEREAS, the owner of the real property described herein and depicted on the map
attached hereto as Exhibit A has petitioned the City of Clearwater to annex the property into the
City pursuant to Section 171.044, Florida Statutes, and the City has complied with all applicable
requirements of Florida law in connection with this ordinance; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. The following-described property is hereby annexed into the City of Clearwater
and the boundary lines of the City are redefined accordingly:
Lot Two, Block C, Carlton Terrace, according to map or plat thereof as recorded in
Plat Book 41, Page 16, Public Records of Pinellas County, Florida (ANX2008-
05012)
Section 2. The provisions of this ordinance are found and determined to be consistent
with the City of Clearwater Comprehensive Plan. The City Council hereby accepts the dedication
of all easements, parks, rights-of-way and other dedications to the public, which have heretofore
been made by plat, deed or user within the annexed property. The City Engineer, the City Clerk
and the Planning Director are directed to include and show the property described herein upon the
official maps and records of the City.
Section 3. This ordinance shall take effect immediately upon adoption. The City Clerk
shall file certified copies of this ordinance, including the map attached hereto, with the Clerk of the
Circuit Court and with the County Administrator of Pinellas County, Florida, within 7 days after
adoption, and shall file a certified copy with the Florida Department of State within 30 days after
adoption.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Frank V. Hibbard
Mayor
Approved as to form:
Leslie K. Dougall-Sides
Assistant City Attorney
Attest:
Cynthia E. Goudeau
City Clerk
Item # 25
Ordinance No. 7988-08
Attachment number 3
Page 1 of 1
ORDINANCE NO. 7989-08
AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA, AMENDING THE FUTURE LAND USE PLAN
ELEMENT OF THE COMPREHENSIVE PLAN OF THE
CITY, TO DESIGNATE THE LAND USE FOR CERTAIN
REAL PROPERTY ON THE EAST SIDE OF CARLTON
DRIVE APPROXIMATELY 80 FEET SOUTH OF
WOODRING DRIVE, CONSISTING OF LOT TWO, BLOCK
C, CARLTON TERRACE, WHOSE POST OFFICE
ADDRESS IS 1837 CARLTON DRIVE, UPON
ANNEXATION INTO THE CITY OF CLEARWATER, AS
RESIDENTIAL LOW (RL); 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 COUNCIL OF THE CITY
OF CLEARWATER, FLORIDA:
Section 1. The future land use plan element of the comprehensive plan of the City
of Clearwater is amended by designating the land use category for the hereinafter
described property, upon annexation into the City of Clearwater, as follows:
Property Land Use Category
Lot Two, Block C, Carlton Terrace, according Residential Low (RL)
to map or plat thereof as recorded in Plat Book
41, Page 16, Public Records of Pinellas County,
Florida (ANX2008-05012)
Section 2. The City Council does hereby certify that this ordinance is consistent
with the City's comprehensive plan.
Section 3. This ordinance shall take effect immediately upon adoption, contingent
upon and subject to the adoption of Ordinance No. 7989-08.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Frank V. Hibbard
Mayor
Approved as to form: Attest:
Leslie K. Dougall-Sides Cynthia E. Goudeau
Assistant City Attorney City Clerk Item # 25
Ordinance No. 7989-08
Attachment number 4
Page 1 of 1
ORDINANCE NO. 7990-08
AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY
BY ZONING CERTAIN REAL PROPERTY LOCATED ON
THE EAST SIDE OF CARLTON DRIVE APPROXIMATELY
80 FEET SOUTH OF WOODRING DRIVE, CONSISTING
OF LOT TWO, BLOCK C, CARLTON TERRACE, WHOSE
POST OFFICE ADDRESS IS 1837 CARLTON DRIVE,
UPON ANNEXATION INTO THE CITY OF CLEARWATER,
AS LOW MEDIUM DENSITY RESIDENTIAL (LMDR);
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the assignment of a zoning district classification as set forth in this
ordinance is found to be reasonable, proper and appropriate, and is consistent with the
City's comprehensive plan; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF CLEARWATER, FLORIDA:
Section 1. The following described property located in Pinellas County, Florida, is
hereby zoned as indicated upon annexation into the City of Clearwater, and the zoning
atlas of the City is amended, as follows:
Property Zoning District
Lot Two, Block C, Carlton Terrace, according Low Medium Density
to map or plat thereof as recorded in Plat Book 41, Residential
Page 16, Public Records of Pinellas County, Florida (LMDR)
(ANX2008-05012)
Section 2. The City Engineer is directed to revise the zoning atlas of the City in
accordance with the foregoing amendment.
Section 3. This ordinance shall take effect immediately upon adoption, contingent
upon and subject to the adoption of Ordinance No. 7988-08.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Approved as to form:
Leslie K. Dougall-Sides
Assistant City Attorney
Frank V. Hibbard
Mayor
Attest:
Cynthia E. Goudeau
City Clerk
Item # 25
Ordinance No. 7990-08
Meeting Date:8/18/2008
4`k ' g Work Session
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Approve amendment to the Community Development Code to permit sandwich board signs in certain areas, provide a fee for such
signage, and to add a definition for traditional urban corridor, and Pass Ordinance 7949-08 on first reading.
SUMMARY:
The Planning Department is recommending an amendment to the Community Development Code (CDC) to address code compliance
issues with sandwich board signs in the Downtown (D) District. At the prior direction of City Council, staff has drafted this ordinance to
allow sandwich board signs to be present on a temporary basis (not to exceed one-year) in order to promote economic development in
this developing area. The proposed amendment will establish sandwich board signs as a permitted sign requiring development review
and put in place criteria, including requirements on the location and design of the signs. Among these criteria are the following:
Sandwich board signs may be displayed on the sidewalk only during hours of operation of the business and within the linear
frontage of the specific business location being advertised. Under no circumstance shall the sandwich board sign be stored exterior to
the business location;
The size of any sandwich board sign shall not exceed 42 inches in height, 20 inches in width;
No sandwich board sign shall be placed so as to block any public way, or within the visibility triangle of intersections or
driveways. Placement may not reduce sidewalk width to less than four feet clear area. Placement may not impede ingress or egress from
a business entrance nor block access or visibility of a fire hydrant;
The sandwich board sign shall be of a non-illuminated, freestanding, two-sided design comprised of metal, wood or synthetic
materials such as chalkboard. The sign shall not be made from plastic or use plastic lettering, and shall not include a whiteboard;
The sandwich board sign shall be professionally designed and may use shapes and forms indicative of the type of business and the
services being advertised; however such signs may not include sponsorships or advertisements for products;
Design must be reviewed and approved before placement. Placement prior to approval will not necessitate approval of the
application as submitted; and
The sandwich board sign may not be attached to any structure or pole, and may not include any moving parts or attachments,
including but not limited to: balloons, pennants and streamers. However, attachable items such as a removable chalkboard, that is
intended to be an integral part of the sign and is not precluded by any other of these criteria, may be permitted.
The ordinance will also add a definition for the term "traditional urban corridor," which is used in the sandwich board sign criteria, and
establish a fee for the sandwich board sign permit.
The Community Development Board (CDB) will review the proposed text amendment at its pubic hearing of August 19, 2008. The
recommendation of the CDB as well as any comments of the Board will be presented to the Council at the meeting.
Review Approval: 1) Legal 2) Clerk 3) Assistant City Manager 4) Clerk 5) City Manager 6) Clerk
Cover Memo
Item # 26
Attachment number 1
Page 1 of 4
ORDINANCE NO. 7997-08
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, MAKING
AMENDMENTS TO THE COMMUNITY DEVELOPMENT CODE TO
ADOPT CRITERIA BY WHICH SANDWICH BOARD SIGNS MAY BE
PERMITTED IN CERTAIN AREAS, PROVIDE A FEE FOR SUCH
SIGNAGE, AND TO MAKE OTHER MINOR EDITORIAL CHANGES BY
AMENDING SECTION 3-1803.1, TO PROVIDE AN ADDITIONAL
EXCEPTION TO THE "PROHIBITED SIGNS" LIST FOR SUCH SIGNS;
AMENDING SECTION 3-1806.13, TO ADD A NEW SUBSECTION 7,
SANDWICH BOARD SIGNS, TO PROVIDE FOR PLACEMENT OF
SANDWICH BOARD SIGNS IN CERTAIN AREAS; AMENDING
SECTION 8-102, DEFINITIONS, BY ADDING A DEFINITION FOR
TRADITIONAL URBAN CORRIDOR; AMENDING APPENDIX A,
SCHEDULE OF FEES, RATES, AND CHARGES, TO PROVIDE A FEE
FOR SANDWICH BOARD SIGNS; CERTIFYING CONSISTENCY WITH
THE CITY'S COMPREHENSIVE PLAN AND PROPER
ADVERTISEMENT; PROVIDING FOR SEVERABILITY; AND
PROVIDING AN EFFECTIVE DATE AND FOR EXPIRATION AND
REPEAL ONE YEAR FROM DATE OF ADOPTION.
WHEREAS, sandwich board signs have been determined on a trial basis and in limited
circumstances to be desirable to permit in the City of Clearwater pursuant to Community
Development Code Section 3-1806.B.7; and
WHEREAS, the City adopted Community Development Code Section 3-1806.13.7 in
order to allow limited placement of sandwich board signs for properties abutting public rights-of-
way, and providing certain criteria; and
WHEREAS, the Cleveland Street Streetscape Project is now complete, and it has been
determined that on a trial basis and in limited circumstances it is desirable to allow the signs to
continue to be present on a temporary basis not to exceed one additional year, in order to
promote economic development and business activities in this developing area; and
and
WHEREAS, said one year shall commence upon the date of adoption of this ordinance;
WHEREAS, the Community Development Board, pursuant to its responsibilities as the
Local Planning Agency, has reviewed this amendment, conducted a public hearing, considered
all public testimony and has determined that this amendment is consistent with the City of
Clearwater's Comprehensive Plan; and
WHEREAS, the City Council has fully considered the recommendations of the
Community Development Board and testimony submitted at its public hearing; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER,
FLORIDA:
Section 1. That Article 3, "Development Standards", Division 18, "Signs", Section 3-
1803, "Prohibited Signs", is hereby amended as follows:
-1-
Ordinance Nd.tM7*26
Attachment number 1
Page 2 of 4
Section 3-1803. Prohibited signs.
The following types of signs are prohibited:
**********
1. Sandwich board signs, except as provided in Section 3-1805.Y and 3-1806.13.7.
Section 2. That Article 3, "Development Standards", Division 18, "Signs", Section 3-
1806.13.7, is hereby established to read as follows:
Section 3-1806. Permitted signs requiring development review.
**********
B. Non-residential.
**********
7. Sandwich board signs. No more than one sandwich board or "A" frame type signs may
be placed adjacent to or upon public rights-of-way in front of a business location
downtown or along traditional urban corridors in accordance with the following criteria:
a. Sandwich board signs may be displayed on the sidewalk only during hours of
operation of the business and within the linear frontage of the specific business
location being advertised. Under no circumstance shall the sandwich board sign
be stored exterior to the business location;
b. The size of any sandwich board sign shall not exceed 42 inches in height, 20
inches in width;
C. No sandwich board sign shall be placed so as to block any public way, or within
the visibility triangle of intersections or driveways. Placement may not reduce
sidewalk width to less than four feet clear area. Placement may not impede
ingress or egress from a business entrance nor block access or visibility of a fire
hydrant;
d. The sandwich board sign shall be of a non-illuminated, freestanding, two-sided
design comprised of metal, wood or synthetic materials such as chalkboard. The
sign shall not be made from plastic or use plastic lettering, and shall not include a
whiteboard;
e. The sandwich board sign shall be professionally designed and may use shapes
and forms indicative of the type of business and the services being advertised;
however such signs may not include sponsorships or advertisements for
products;
f. Design must be reviewed and approved before placement. Placement prior to
approval will not necessitate approval of the application as submitted;
g. The sandwich board sign may not be attached to any structure or pole, and may
not include any moving parts or attachments, including but not limited to:
-2-
Ordinance Nd.tM7*26
Attachment number 1
Page 3 of 4
balloons, pennants and streamers. However, attachable items such as a
removable chalkboard, that is intended to be an integral part of the sign and is
not precluded by any other of these criteria, may be permitted;
h. The applicant for a sandwich board sign shall indemnify the City from liability
from matters arising from use of said sign and further shall obtain and provide the
City evidence of minimum general liability insurance in the amount of $1,000,000
in a form acceptable to the Citv:
i. A nonrenewable permit shall be required and be issued for one calendar year or
any portion thereof, but in no event shall the period of permit effectiveness
extend beyond the expiration date of Ordinance no. 7997-08; and
Sians failina to meet these criteria are subiect to immediate removal from public
street, road, highway, right-of-way, or other public property. Sandwich board
signs permitted as provided for in this subsection and located upon public right-
of-wav may be moved or removed by the Citv for municipal purposes as may be
necessary from time to time
Section 3. That Article 8, "Definitions and Rules of Construction", Section 8-102,
"Definitions", of the Community Development Code, be, and the same is hereby amended to
read as follows:
**********
Traditional Urban Corridor means a plot or parcel of land used for non-residential or
commercial purposes, where owing to traditional urban development patterns, structure location
or placement is immediately adjacent to a public or private right-of-way. Additionally, such
locations are where such urban development patterns preclude placement of permanent
freestanding signs
**********
Section 4. That Appendix A, "Schedule of Fees, Rates, and Charges", of the Community
Development Code, be, and the same is hereby amended to read as follows:
**********
XVI. SIGNS:
**********
(2) Sandwich board signs (1 year or portion thereof) .................................................. $25.00
Section 5. Amendments to the Community Development Code of the City of
Clearwater (as originally adopted by Ordinance No. 6348-99 and subsequently amended) are
hereby adopted to read as set forth in this Ordinance.
Section 6. The City of Clearwater does hereby certify that the amendments
contained herein, as well as the provisions of this Ordinance, are consistent with and in
conformance with the City's Comprehensive Plan.
-3-
Ordinance Nd.tM7*26
Attachment number 1
Page 4 of 4
Section 7. Should any part or provision of this Ordinance be declared by a court of
competent jurisdiction to be invalid, the same shall not affect the validity of the Ordinance as a
whole, or any part thereof other than the part declared to be invalid.
Section 8. Notice of the proposed enactment of this Ordinance has been properly
advertised in a newspaper of general circulation in accordance with applicable law.
Section 9. This ordinance shall take effect immediately upon adoption, and shall
expire and be repealed and be of no further force and effect one year from date of adoption.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Approved as to form:
Leslie Dougall-Sides
Assistant City Attorney
Frank V. Hibbard
Mayor
Attest:
Cynthia E. Goudeau
City Clerk
-4-
Ordinance Nd.tM7*26
Meeting Date:8/18/2008
4`k ' g Work Session
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Receive and consider report of Chase Realty, Inc., with Wm. Mark Searcy as Agent, of the results of the firm/agents efforts to identify
and propose suitable parcels, including letters of intent to sell said suitable parcels, for City purchase and development of a 300 space
parking garage on south Clearwater Beach.
SUMMARY:
At its March 6, 2008 meeting Council directed the City Attorney to prepare a Request for Proposals from licensed real estate brokerage
firms and agents for the purpose of selecting a firm and agent to attempt to assemble land suitable for development of a 300 space
public parking garage on South Clearwater Beach.
RFP/RFQ 18-08 was issued on March 24, 2008 in response to that direction. Among other matters, the RFP/RFQ
required that respondents consider and address the following tasks, provide their qualifications to undertake the
requirements, and submit a time and fee proposal to accomplish same:
a. Identify optimum locations and parcels required for the proposed project
b. Confirm ownership and title status of the various properties
c. Conduct discussions and negotiations with the respective owners
d. Secure Letters of Intent to Sell, including specific terms and conditions of sale
e. Deliver executed Purchase and Sale Contracts to the City for Council action
f. Assist City with all pre-closing requirements of each Contract
g. Oversee vacation of all properties prior to closing.
h. In the event the proposed assemblage is unsuccessful, prepare a market study detailing conditions contributing
to the lack of success in assembling the lands
The RFQ/RFP generated eight responses by the April 23, 2008 deadline, one of which was not responsive to advertised
requirements. The seven responsive proposals were received and reviewed by a 5-member Staff Evaluation
Committee. Chase Real Estate, Inc.,with Wm. Mark Searcy as Agent, was ranked highest by the Committee.
The City Council, at it's May 15, 2008 meeting authorized staff to negotiate a contract with Chase Realty/Mark Searcy
to complete the aforementioned engagement. The Agent was to complete work and report to the City Council at it's
June 19th meeting all proposed parcels, with contracts no later than July 1st.
At the June 19th Council meeting at the recommendation of staff and with the concurrence of the Agent, the City
Council extended the date for presentation of proposed parcels to it's Work session on July 14th due to the need to
conclude further negotiation on several potential parcels.
The Agent has completed the work under the proposal phase of the contract and is prepared to report togaLy& }ncil
the results of his engagement.
Item # 27
At the July 17, 2008 meeting, Council gave further direction to Mr. Searcy and extended his contract to August 21,
2008.
Review Approval: 1) Clerk
Cover Memo
Item # 27
Attachment number 1
Page 1 of 61
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0 INDEX
City of Clearwater RFP .................................................... Section A
Chase Real Estate RFP Response ................................ Section B
Beach By Design Off Street Parking Section ................. Section C
Letter of Intent ................................................................... Section D
Press Releases ................................................................ Section E
Comparable Properties .................................................... Section F
Properties Within the Directive ........................................ Section G
* Aerial Plat Map
* Assemblage # 1
* Assemblage # 2
* Assemblage # 3
* Assemblage # 4
* Assemblage # 5
* Assemblage # 6
* Assemblage # 7
Properties Outside of the Directive ................................. Section H
* Aerial Plat Map
* Assemblage # 8
* Assemblage # 9
* Assemblage # 10
* Assemblage # 11
•
Item # 27
Attachment number 1
Page 5 of 61
• ° Clearwater
REQUEST FOR QUALIFICATIONS / REQUEST FOR PROPOSALS # 18-08
REAL ESTATE BROKERAGE SERVICES FOR LAND ASSEMBLY
The City of Clearwater requests that Commercial Real Estate Brokerage firms licensed by the
State of Florida submit proposals for consideration in selection of a firm and agent suitably
qualified to represent the City in negotiations to assemble approximately one contiguous acre
of land on south Clearwater Beach for construction of a 300 space public parking garage.
All submittals shall be addressed as specified below and received no later than the submittal
due date, at which time all submittals will be opened and read as a matter of public record.
All submittals received after the closing date and time will be returned unopened. The City of
Clearwater reserves the right to reject any and all submittals.
Submittal Due Date: April 23, 2008, at 4:00 p.m.
Submittals shall be delivered to:
• Physical Address: Purchasing Manager
City of Clearwater
Third Floor, Municipal Services Building
100 South Myrtle Avenue
Clearwater, Florida 33756
-or mailed to:
P. O. Box 4748
Clearwater, Florida 33758-4748
The RFP documents will be available on March 24, 2008. City offices are open Monday
through Friday, 8:00 a.m. to 5:00 p.m., excluding holidays. This RFP will be posted on the
City's website at www.myclearwater.com. Any questions regarding the RFP shall be directed
in writing to:
Mr. George Mckibben, Purchasing Manager
Finance Department
City of Clearwater
P. O. Box 4748
Clearwater, Florida 33758-4748
Telephone: (727) 562-4634
Email: george.mckibbena-myclearwater.com
is
Notice: RFQ/RFP for Real Estate Brokerage Services It&m # 27
Attachment number 1
Page 6 of 61
City of Clearwater, Florida
• REQUEST FOR QUALIFICATIONS / REQUEST FOR PROPOSALS # 18-08
REAL ESTATE BROKERAGE SERVICES FOR LAND ASSEMBLY
1.0
Overview -
1.1 Purpose
The City of Clearwater has issued this Request for Qualifications / Proposals (RFQ/RFP) for
Real Estate Brokerage Services required for assembly of approximately one acre of privately
owned lands on South Clearwater Beach optimally located and physically suitable for
construction of a 300 space public parking garage. The City prefers the selected Agent to act as
single agent for the City provided in F.S. 475.278(3), but will consider alternatives.
1.2 HISTORY AND VISION: "Clearwater Beach: Strategies for Revitalization"
During 1997 and 1998 beach residents and business owners worked diligently to assist the City
administration and City Council develop and plan the future for Clearwater Beach. The Plan was
entitled "Clearwater Beach: Strategies for Revitalization". The Plan recognized the twin
imperatives to balance the needs of the beach's 8,000 families with the hundreds of thousands
of tourists and visitors who are attracted to its world-class shoreline, all the while protecting the
• natural environment as the built environment rebuilds for the future.
1.3 BEACH BY DESIGN
Beach by Design is a preliminary design for revitalization of Clearwater Beach by implementing
the Strategies for Revitalization. Implementation is based on pursuing the following strategies:
1?1
• Creation of an attractive and efficient "arrival and distribution" system at the
intersection of State Road 60 and North Mandalay Avenue and Coronado Avenue
• Transformation of North Mandalay into an attractive, pedestrian-friendly street which
provides a high quality address for retail and restaurant uses
• Renovation of South Gulfview Blvd. to the west to create a unique two-way local street
as part of a destination quality beachfront place
• Improving traffic circulation to the south of State Road 60
• Improving sidewalks and creating an entire beachfront system
• Constructing new parking facilities south of Pier 60 park to support beach visitors, and
new parking north of Pier 60 park to support the North Mandalay Avenue
retail/restaurant corridor
• Promoting a small number of catalytic redevelopment projects; and
Adoption of design guidelines which are necessary to achieve the objectives of Beach
by Design.
Notice: RFQ/RFP for Real Estate Brokerage Services -2-
Item # 27
Attachment number 1
Page 7 of 61
•
1.4 SHAPING THE DESIGN
Over the past five years more than 60 redevelopment projects have been submitted to recast the
future of Clearwater Beach. Submitted development proposals project the addition of over 1500
condominium units, more than 1200 overnight accommodations, and in excess of 90,000 square
feet of new commercial space. More than 90 percent of the submittals have been approved for
construction. Nearly half are under construction or fully complete.
1.5 TRANSPORTATION AND PARKING
Beach by Design anticipates the demands that extensive beach redevelopment places upon
efficient beach traffic distribution, and ample, convenient parking. Significant North Beach
transportation improvements include narrowing Mandalay Avenue from four lanes to two with
parallel parking and expansion of one or both of the streets east of Mandalay. Bold, beautiful
$30 Million dollar "Beach Walk" evolved as the comprehensive transportation project for South
Beach.
i.
locals can socialize, dine, play games, or simply enjoy the spectacular white sand, sun and surf.
1.6 BEACH WALK...
a winding beachside promenade
with landscaping, artistic touches
and clear views to Clearwater's
winning beaches and the waters
beyond, a place where bicyclists,
rollerbladers and pedestrians all
have safe and convenient
access to where visitors and
Beach Walk will be open and operational by Labor Day 2008, attracting thousands of visitors
from around the country, around the world. It has already played a vital role in attracting new
resort hotels and speeding the conversion of many older overnight accommodations to new
condominiums. Beach Walk will bring visitors closer to the beach and provide an environment
that will draw new retail, entertainment and restaurant businesses for residents, out-of-town
visitors and day-trippers. All will require accessible, convenient parking.
1.7 PARKING
Creation and development of the beautiful Beach Walk will not only increase demand for parking
facilities, but will incorporate nearly 800 public and private previously available parking spaces
into its creation. The City and the new Hyatt resort hotel ownership have reached agreement
that will provide for 400 public parking spaces within the Hyatt's garage when that is completed.
The City also seeks to immediately assemble approximately one centrally located acre in South
Beach for construction of an additional 300-space garage.
ltAm # 27
Notice. RFQ/RFP for Real Estate Brokerage Services _ 3-
Attachment number 1
Page 8 of 61
2.0
Scope of Services
The City of Clearwater seeks a firm and agent with extensive documented experience in
assemblage of land for commercial development, as well as demonstrable business
relationships with current property owners in the immediate South Beach area of Clearwater
Beach.
2.1 The required assemblage shall be appropriately configured to provide
approximately one rectangular acre for construction of a 300 space parking garage.
The assembled parcel shall front a minimum of two connector streets and be
centrally located adjacent on the east to Beach Walk.
Specific tasks to include:
• Identify optimum locations and number of parcels required for the proposed project.
• Confirmation of ownership and title status of properties within the proposed assemblage.
• Initiation of discussions and negotiations with the respective property owners.
• Securing Letters of Intent to Sell from the owners, including specific terms and contingent
• conditions of sale.
• Development of Contracts To Purchase with all property owners within the proposed
assemblage area.
• Delivery of executed Contracts To Purchase to designated City department to agenda for
Council consideration and action.
• Following approval of contracts, assist City in assuring compliance with all pre-closing
requirements.
• Oversee vacation of all properties prior to closings.
• Assist City as requested with closing approved transactions.
• Compiling complete electronic and hard copy work files for each transaction, and
delivering to the City within 30 days following closing of each transaction.
• In the event acquisition of a suitable site by the City is not achieved, preparation of a
written market study detailing the conditions contributing to the inability to acquire an
appropriate site.
3.0
Submittal Requirements:>QualifGations / Proposals
The State licensed Real Estate Brokerage Firm and agent interested in responding to this
RFQ/RFP must provide information on the firm and agent's qualifications and experience,
identification and qualifications of the proposed project team, identification and qualifications of
the project manager's experience, verifiable similar projects and references within the environs
of Clearwater Beach during the past 5 years, a summary description of the firm and agent's
Notice: RFQ/RFP for Real Estate Brokerage Services _ 4 _ # 27
Attachment number 1
Page 9 of 61
• approach and time frame to successfully completing the project, and the firm and agent's fee
proposal to undertake and complete the proposed project.
3.1 LETTER OF INTEREST AND EXECUTIVE SUMMARY
Attach a letter of interest that explains your firm and agent's interest in working on this project.
Include an "Executive Summary" which explains your firm and agent's qualifications and
experience as they directly pertain to the Scope of Services. Include the names and titles of
persons who will be authorized to make representations for the firm.
3.2 FIRM OVERVIEW
Provide the following information regarding your firm. If the use of subconsultants is proposed,
similar information should be provided for each subconsultant.
• Brief history of the firm, including the year it was established.
• Names and curriculum vitae of the firm's principal(s). Indicate the amount of involvement
the principal(s) will have under this assignment.
• Name and qualifications of agent who would conduct the work described.
3.3 RELEVANT EXPERIENCE AND PAST PERFORMANCE
• • Similar Assignments: Provide a detailed description of comparable projects (similar in
scope of services to those requested herein) which the firm and agent has either ongoing or
completed within the past five years. Please specify whether each project is completed or is
ongoing. The description for each project should identify: (i) the client, (ii) description of the
overall project, (iii) duration of project, (iv) contact person and phone number for reference,
and (v) the results/deliverables of the project.
Past Performance: Describe the firm and agent's past performance and the primary
markets served.
3.4 REFERENCES
Provide the name, address, telephone and email address for at least three (3) references that
would be capable of explaining and confirming your firm and agent's capacity to successfully
complete the scope of work outlined herein. References should be from the past five (5) years.
3.5 APPROACH TO SERVICES
Provide a narrative statement demonstrating a thorough understanding of the overall intent of
this RFQ/RFP, as well as methods used to complete assigned tasks. Identify any proposed
project issues or significant concerns you believe may be appropriate for careful consideration.
27
Wqw# Notice: RFQ/RFP for Real Estate Brokerage Services _ -
Attachment number 1
Page 10 of 61
• 3.6 FEE FOR SERVICES
Provide a required time frame and fee proposal for your firm and agent's services, either: (i)
lump sum fee, (ii) commission schedule, or (iii) other (specify).
4.0
Submission Iriformatlon
4.1 Number of copies and Proposal Delivery Information
One (1) original and five (5) copies of the proposal submittal signed by the firm representative
and the agent shall be delivered on or by 4:00 PM on April 23, 2008 to:
Physical Address:
Mr. George McKibben
Purchasing Manger
City of Clearwater
100 S. Myrtle Avenue
Clearwater, Florida 33756
-or-
P. O. Box 4748
Clearwater, Florida 33758-4748
• All submittals shall be addressed as specified above. The front of the envelopes shall be marked
"Request for Qualifications & Proposals: Real Estate Brokerage Services for Land Assembly":
All submittals received after the closing date and time will be returned unopened.
4.2 QUESTION AND ANSWER PERIOD
All questions regarding this RFQ/RFP must be submitted in writing and directed to the
Purchasing Manager no later than seven (7) days prior to the submittal deadline. All questions
and answers will be posted on the City's website at www.myclearwater.com. Questions may be
1) sent via email to george.mckibben(aD-myclearwater.com, 2) faxed to (727) 562-4635, or 3)
mailed or hand delivered to the address above.
5.0
Evaluation I Selection Process
5.1 EVALUATION 1 SELECTION
The Evaluation/Selection Committee will first evaluate and rank responsive proposal on the
criteria listed below. The maximum score per proposal is 100 points. Each Evaluation
Committee member shall award up to 100 points per proposal. The final score will be an
average (mean) of the scores awarded by all Evaluation Committee members. A Proposer may
receive the maximum points or a portion of this score depending on the merit of its proposal as
judged by the Evaluation/Selection Committee.
Notice: RFQ/RFP for Real Estate Brokerage Services 11(bT # 27
Attachment number 1
Page 11 of 61
The factors outlined below will be applied to all eligible proposals. Additional evidence of unique
skills or relevant experience will also be considered. All references will be subject to appropriate
`- evaluation.
Criteria Points
• Understanding of Issues/Approach to resolution 30
• Qualifications and directly related experience of 30
firm and agent
• References / client satisfaction 20
Fee proposal 20
Upon completion of the evaluation, rating and ranking, the Committee may choose to conduct
oral presentations(s) with the Proposer(s) which the Evaluation/Selection Committee deems to
warrant further consideration based on the best rated proposal providing the highest quality of
service to the City. Upon completion of the oral presentation (s), the Committee will re-evaluate,
re-rate and re-rank the Proposers remaining in consideration based upon the written documents
submitted and any clarifications offered during the oral presentation.
5.2 RFQ/RFP TIMETABLE
RFQ/RFP Available to the Public
• Deadline for Receipt of Questions
• Submittal Deadline
• Evaluation of Proposals
Interviews of Short List Firm and agents
• Firm and agent Selection - Council
5.3 ADDITIONAL INFORMATION
March 24, 2008
April 16, 2008
April 23, 2008
April 24 - April 25, 2008
April 28 - April 30, 2008
May 15, 2008
• The City will not be liable for any cost incurred in the preparation of the RFQ/RFP
submittal.
• The submission of qualifications shall be prima facie evidence that the Proposer has full
knowledge of the scope, nature, quantity and quality of work to be performed; the detailed
requirements of the specifications; and the conditions under which the work is to be
performed.
Notice: RFQ/RFP for Real Estate Brokerage Services Itd7m # 27
Attachment number 1
Page 12 of 61
• All Proposers shall furnish the City such additional information as the City may
reasonably require.
• The City reserves the right to conduct personal interviews of any or all Proposers prior to
selection. The City will not be liable for any costs incurred by the Proposer in connection
with such interviews.
• The City reserves the right to conduct pre-contract negotiations.
6.0
• The City reserves the right to reject all qualifications and to seek new qualifications when
such a procedure is reasonably in the best interests of the City.
• The City reserves the right to waive any of the conditions or criteria set forth in this
RFQ/RFP.
Insurance
6.1 LIABILITY INSURANCE
The applicant shall furnish, pay for, and maintain during the life of the contract with the City the
• following liability coverage:
• Comprehensive General Liability Insurance on an "occurrence" basis in an amount not
less than $500,000 combined single-limit Bodily Injury Liability and Property Damage
Liability.
• Business Automobile Liability Insurance in the amount of at least $500,000, providing
Bodily Injury Liability and Property Damage Liability,
• * Workers' Compensation Insurance applicable to its employees for statutory coverage
limits, and Employers' Liability which meets all applicable state and federal laws; and
• Professional Liability/Malpractice/Errors or Omissions insurance, as appropriate for the
type of business engaged in by the ProposerNendor, shall be purchased and maintained
by the selected Vendor with minimum limits of $500,000 per occurrence.
*NOTE: Not required for verifiable Independent Contractors contracted with applicant.
6.2 ADDITIONAL INSURED
The City is to be specifically included as an additional insured on all liability coverage described
in Section 6.1
-U&=# 27
Notice: RFQ/RFP for Real Estate Brokerage Services - 8-
Attachment number 1
Page 13 of 61
6.2 NOTICE OF CANCELLATION OR RESTRICTION
All policies of insurance must be endorsed to provide the City with thirty (30) days notice of
cancellation or restriction.
6.3 CERTIFICATES OF INSURANCE/CERTIFIED COPIES OF POLICIES
The applicant shall provide the City with a certificate or certificates of insurance showing the
existence of the coverage required by this RFQ/RFP. The applicant will maintain this coverage
with a current certificate or certificates of insurance throughout the term stated in the proposal.
When specifically requested by the City in writing, the applicant will provide the City with certified
copies of all policies of insurance as required above. New certificates and new certified copies
of policies (if certifies copies of policies are requested) shall be provided to the City whenever
any policy is renewed, revised, or obtained from other insurers.
The certificates and/or certified policies shall be sent or delivered to the City's Project Manager
and addressed to:
City of Clearwater
P. O. Box 4748
Clearwater, Fl. 33758-4748
6.4 HOLD HARMLESS PROVISIONS
The applicant shall defend, indemnify, save and hold the City harmless from any and all claims,
suits, judgments and liability for death, personal injury, bodily injury, or property damage arising
directly or indirectly from the performance by the applicant, its employees, independent
contractors, subcontractors, or assigns, including legal fees, court costs, or other legal
expenses. Applicant acknowledges that it is solely responsible for complying with the term of
this RFQ/RFP. In addition, the applicant shall, at its expense, secure and provide to the City,
prior to beginning performance under this RFQ/RFP, insurance coverage as required herein.
Any party providing services or products to the City will be expected to enter into a written
agreement, contract or purchase order with the City that incorporates, either in writing or by
reference, all of the pertinent provisions relating to insurance. Any party providing insurance
services or products to the City will be expected to comply with requirements as contained
herein. A failure to do so may, at the sole option of the City, disqualify any bidder or Proposer of
services and/or products to the City.
7.0
GENERAL TEI?IUIS?AND?CONDITIOI?S ? ''' y %.-,?
The City, in its sole and absolute discretion, with or without cause, and without liability of any
kind to any Proposer/Consultant/Vendor, reserves the right to:
• Accept or reject any and/or all proposals, either in whole or in part, waive any informality,
variance or irregularity, whether technical or substantial in nature, of any proposals.
Notice: RFQ/RFP for Real Estate Brokerage Services It6rn # 27
Attachment number 1
Page 14 of 61
Cancel this RFQ/RFP at any time and/or take any action in the best interest of the City.
The City decision in all matters shall be final.
Retain all proposals for official record purposes, including a copy of the selected
Respondent proposal and supporting documentation, and/or use them in whatever
manner is deemed appropriate.
Elect not to accept any request by any ProposerNendor to correct errors or omissions in
any information, calculations or competitive price(s) submitted once a proposal is
received.
Investigate the financial capability, integrity, experience and quality of performance of
each ProposerNendor, including all Principals.
Request an oral presentation from any Proposer.
The City reserves the right to request any additional information from any
ProposerNendor.
All Proposers responding to this RFQ/RFP do so at their sole expense and risk. The City
assumes no financial or other obligations of the Proposers. The City will not be liable to
any broker, consultant or other entity acting on of behalf of any Proposer for any fee or
• payment relating directly or indirectly to the Proposer or their proposal.
All proposals, correspondence and records make thereof, are public record and handled
in compliance with applicable state and local laws.
By offering a submission to this RFQ/RFP, the Proposer certifies the responder has not
divulged, discussed or compared his/her competitive proposal with other respondents and
has not colluded with any respondent or parties to this competitive proposal whatsoever.
All information furnished in this RFQ/RFP solicitation was gathered from sources deemed
reliable. No representation or warranty is made as to the accuracy or completeness of
the information contained in this document. Prospective Proposers should independently
very all information.
Notice: RFQ/RFP for Real Estate Brokerage Services Ife'A# 27
Attachment number 1
Page 15 of 61
•
Request for Qualifications & Proposals:
Real Estate Brokerage Services for Land Assembly
RFP Response
0
Chase Real Estate Inc.
April 23, 2008
r1
U
Wm. Mark Searcy
Chase Real Estate, Inc.
Commercial Division
660 Mandalay Ave
Clearwater, Florida 33767
727.447.8800 PH
727.447.8814 FX
Mark 1 realtor@hotmail.com
http://www ChaseFlorida.com
Item # 27
Attachment number 1
Page 16 of 61
I.and :V,srmhk
s
TABLE OF CONTENTS
1. Letter of Interest and Executive Summary
2. Firm Overview
3. Relevant Experience and Past Performance
4. References
a. Firm References
b. Agent References
5. Approach to Services
6. Fee For Services
•
a
Item # 27
Attachment number 1
Page 17 of 61
Rr,t? I ?r.,r, f,n?l,:•::;•.;;• `?,:r?n•:•. I; •rl..u;?i i>.,?n-+hl?
•
LETTER OF INTEREST AND EXECUTIVE SUMMARY
There are a number of reasons why Chase Real Estate as a firm and as sales agents has an
interest in assembling the proposed parking garage for the City of Clearwater. First and
foremost a new parking garage will enhance the overall beach area for both residences,
business owners and visitors to Clearwater Beach. This will increase local revenue to
businesses along with increasing property values. At Chase Real Estate, we believe that
with our reputation and combined experience in residential and commercial real estate,
gives us the unique qualifications to represent the City of Clearwater and its associates
with our proposal.
Walter Wm. Chase, i sed Real Estate Agent/Owner
Matthew Bailey, Licensed Real Esta ro er ?L
Wm. Mark Searcy, Licensed Real Estate Agent
• FIRM OVERVIEW
Chase Real Estate is a privately-held residential and commercial real estate firm that has
redefined the investment process. Through our unique approach to investment real estate,
Chase Real Estate has confirmed its position as the leader in real estate. With our keen
ability to identify valued opportunities for our clients, along with our signature system,
we have achieved record breaking sales in all aspects of residential and commercial real
estate.
Chase Real Estate's founder Walt Chase has a family history on Clearwater Beach dating
back to 1972 where his uncle Walter Leahy started Leahy Realty with the purchase of
660 Mandalay Ave. Walter Leahy had a long real estate career on Clearwater Beach until
the 1990s. Walter Chase started his real estate career on the Southside of Chicago in
1967. Walter Chase and his son Christian established "The Chase Team" in the late
1980s and worked under RE/MAX for the next 20 years. Chase Real Estate started in
2004 when it opened its doors in Chicago. Walter Chase and Matthew Bailey opened the
Florida branch along with the Commercial office in 2006 on Clearwater Beach at 660
Mandalay Ave, where our office is today.
Matthew Bailey, licensed since 1998, is the broker of Chase Real Estate. Matt has been a
resident of Clearwater Beach and stills owns property there. Matt started his career with
REMAX. He has achieved every sales award REMAX offers along with the Top S Team
Item # 27
Attachment number 1
Page 18 of 61
1 ki i„,, for I mid 1 .? Cmhk
1"ILte of
Award from 2000-2005 and the Chairman's Club Award which is the highest sales award
• REMAX bestows on its associates.
Wm. Mark Searcy, who was licensed in 2004, joined Chase Real Estate in 2006. He
handles Chase Commercial, the commercial division of Chase Real Estate, which
specializes in assembling sites for developers on Clearwater Beach. Agent Searcy with
his local contacts and knowledge of development has made him a major asset to Chase
Commercial and Chase Real Estate. Agent Searcy is local to the area having lived off
and on Clearwater Beach since 1986.
RELEVANT EXPERIENCE AND PAST PERFORMANCE
BILL KIMPTON SITE
1) Crescent Heights Inc employed the services of Wm Mark Searcy (formerly an agent of
RE/MAX ACTION FIRST) to assemble any sites to be suitable for a high rise condo
project on Clearwater Beach.
2) It was asked of the agent to find sites that were NOT currently listed for sale and to
assemble land large enough to accommodate a project of 100 or more units.
3) The project took over six months to secure. COMPLETED
4) Sonny Kahn CEO and Shay Myron VP of Crescent Heights.
smayron@crescentheights.com
5) Two suitable sites were identified after an extensive search of Clearwater Beach.
Agent Searcy met with numerous land owners South of Pier 60. One such site belonged
to Bill Kimpton and agent Searcy put the principles together to negotiate a deal. Searcy
helped as a Transaction Broker to negotiate between Bill Kimpton and Crescent Heights
for the assembled sites on 2nd Street. During the due diligence period Crescent Heights
attempted to gain more density and when Bill Kimpton could not provide them the deal
did not go through. Soon thereafter Mr. Kimpton sold the assembled project to NJR who
is now building the Hyatt Aqualea project.
Agent Searcy then met and identified the 100 Coronado Site formally the Days Inn Hotel
owned by Tony Markopolous. After negotiating as a Transaction Broker and an extensive
Due Diligence period Crescent Heights offered Tony Markopolous a sum of $35 million
USD for land without a Development Order. Mr. Markopolous soon thereafter gained the
Development Order from the City and sold the site to Dr Patel for $40 million USD.
The sites were successfully identified, do to parties brought together and negotiated. The
transactions were not completed because of the failure of the buyer to increase his offer
to the accepted winning bid price.
9. LUCCA INCORPORATED SITE
Item # 27
Attachment number 1
Page 19 of 61
Rcol I .iat. 11r,41,•io,-C ",t:r\ we. f.N Land A:'.(: nbl\
I' a.,
• 1) Lucca Inc was approached by agent Searcy who had identified a package of motels
that were for sale.
2) Six motels that encompassed almost two square blocks of land between Coronado
Drive and Hamden Drive were identified. (1- Tropicana Motel 347-353 Coronado
Drive/350 Hamden Drive, 2- Key Lime Motel 405 Coronado Drive, 3- Albatross Motel
346 Hamden Drive, 4- Tri-plex 345 Coronado Drive, 5- Baylawn Motel 406 Hamden
Drive 6- Backstreet Cafe 401 Coronado Drive)
3) Six months from identification to closings. COMPLETED
4) Stan Latek 727-415-4699. (Primary Partner)
5) The six motel owners grouped together and refused to sell unless they sold as a
package. Agent Searcy acting as a Transaction Broker proposed a plan that allowed the
group to sell at a fair price and both parties were pleased with the results and efforts of
sales Agent Searcy. Two more motels were added to the package at a later date (The
Falcon Motel, 415 Coronado Drive and The Gulf Beach Motel, 419 Coronado Drive) All
eight parcels closed. INCIDENTIALLY THE MIDDLE OF THIS ASSEMBLED
PROJECT IS THE SITE THAT THE CITY OF CLEARWATER HAS ATTEMPTED
TO PURCHASE FOR A PARKING GARAGE. The City and Lucca Inc have been
. unable to come to an agreement on the purchase of this site,
MARBELLA PROJECT
1) Lucca Inc asked agent Searcy to informally assemble the site above by adding the
Howard Johnson Hotel (325 S Gulfview Drive), The Falcon Motel (415 Coronado Drive)
and The Gulf Beach Motel (419 Coronado Drive) sites.
2) The assembled 3.6 acre site was procured for $24 million USD. Agent Searcy
confidentially proposed the project to several qualified buyers.
3) One year. COMPLETED
4) Stan Latek 727-415-4699.
5) Three qualified offers were brought to the seller via agent Searcy between $40 million
USD and $47 million USD. Lucca Inc refused the offers expecting to sell for $50 million
USD or more.
CITY OF CLEARWATER PROPOSED PARKING SITE
1) The Golden Villa Motel, 228 Hamden Drive, The Rivieria Motel, 221 Coronado Drive
• and The Echo Sails Motel, 216 Hamden Drive (see attachment of block) has been
assembled and is being marketed to prospective purchasers (on going).
Item # 27
Attachment number 1
Page 20 of 61
Real I';Iatc Rrokci:it?c lwr%irc,, hw Land 1.•:cn+b'.
I: f I' kk-,pout,;:. April 1(10,ti
2) An assembled parcel of land encompassing a perfect "square" of 1.1 acres across the
0- street from the Hyatt Aqualea site and BEACHWALK.
3) Ken and Linda Christman 727-442-9404 (owners of the Golden Villa)
4) Assembled site is being advertised by agent Searcy and several developers are in the
due diligence period of what these sites can produce without being under contract. The
owners prefer to sell as a package to the City of Clearwater for the parking garage site as
requested by this RFP.
REFERENCES
FIRM REFERENCES
James Mudd 319-268-0693, CEO of MUDD Advertising, which has offices
located in Chicago, Illinois and Cedar Rapids, Iowa. James Mudd has purchased
properties on Clearwater Beach in the Sandpearl Residences, Mandalay Beach
Club and 400 Beach Drive in St. Petersburg through Chase Real Estate. He is an
ongoing active real estate owner and investor. Chase Real Estate also manages
the rentals of his properties.
• Sandy Martelli •727-442-8819, General Manager at the Mandalay Beach Club.
Don Mestas 727-442-2999, treasurer of Belle Harbor condominium complex and
current resident of Belle Harbor.
AGENT REFERENCES
Ken and Linda Christman 727-442-9404, Ken and Linda are the owners of the
Golden Villa Motel at 228 Hamden Drive Clearwater Beach, FL 33767 (current
listing)
Thomas and Maggie Karasch t.karasch@web.de 0049-9526-981479 (Germany)
Thomas and Maggie were the owners of the Albatross Motel on Hamden Drive. I
sold their motel in a package of six motels. I then represented them in the search
and purchase of an automotive site and business in Spring Hill, FL. You may
contact them via email since they currently reside in Germany. They will be in
Florida from May 9th to May 22nd and are willing to meet with you concerning
this reference.
Paul Hobschied 727-894-1817. After the sale of their motel Paul Hobscheid and
Earle Roberson hired Viewpoint Realty to secure a desired site for a 10310
exchange transaction. With no site procured and time running out (10 days left in
the 1031 exchange to identify a site) I found them a suitable site and they
Item # 27
Attachment number 1
Page 21 of 61
Rc:11 I.•I;ttr I;Io l.rr,1_ti' `.?r\ i-:', (Or I.,141%1 A, nlh ?
ICI I' I?i?Ih?tt?C: :?hl'll .'1111;•,
• purchased the Legal Building in St Petersburg, Fl. I then sold that site to a
qualified buyer after the death of Earle Roberson.
APPROACH TO SERVICES
With all the changes that have happened to our little island, growth has been the most
constant one. "Constant change is here to stay". We have gone from a sleepy and quiet
beach town that once only came alive during a short 'season' to a year round mecca for
people around the world in search of one of the prettiest beaches in the world. With the
advent of Beach By Design many spurts of development have changed the face of our
island; some of it nice (all JMC projects) to bad (all of Brightwater and the loss of over
1200 motel rooms).
Our beach town is about to go through another unprescented time of growth. The new
Memorial Causeway allows traffic to get to the island faster. Coronado Drive has been
widened allowing for a faster ingress/egress from South to North Beach. Beachwalk is
now open and tourists are coming to enjoy all it has to offer. But many people are afraid
to come to our beach and are staying away in the process. Traffic is a nightmare and due
to a lack of parking is the reason why. If we do not secure a site and build a large parking
structure our beach's parking and traffic issue will only go from bad to disastrous. A site
needs to be procured (by Beach By Design standards) immediately. It must be affordable,
• and aesthetically pleasing. It must be built within a short distance from the
BEACHWALK so that people can get onto the beach and into the garage ASAP. That
being said the City is also giving an incentive to developers to build more hotels. Land is
becoming more scarce and expensive. Finding a suitable site, negotiating and closing on
these sites and doing so in a short amount of time is paramount as the window of
opportunity is getting smaller. I have found sites that are affordable, strategic and
aesthetic.
I have a strong relationship with many of the land owners and have a reputation of being
very honest, fair, communicative, hard working and results oriented. I also have a history
of being able to provide Transaction Broker services to the benefit of both parties. I do
understand that an exhaustive new search must be done to make sure no site is
overlooked. I also understand the restrictions of the Development Order. of some of the
developments and Beach By Design and know how to work within these guidelines in
getting this task accomplished. I will get this done! Failure is not an option! I have seen
a city on the verge of suffocation due to a lack of parking and traffic problems. I have
also seen what a garage of this type can do to help alleviate the problems of a beach
town. It is the most important challenge of our time and I stand excited and ready to
achieve this task!
FEE FOR SERVICE
Chase Real Estate-Commercial Division will procure a desirable site for the City of
Item # 27
Attachment number 1
Page 22 of 61
Real 1 Illfi firokcm,,!r. `.-r%ikv-; 1'or kind
?:.>Clll??i\
f..IL'l' 111 ..
Clearwater to be used as a parking garage. This process should take no more than two
months to procure and less than four months to close on. (depending on the timeframe of
the City). Chase anticipates a 3% commission to be paid by the sellers of the sites
procured and closed on. Should the City decide not to purchase any of the sites procured
by Chase Real estate a nominal fee of $5000 should be paid for their time and for a
market study that details the conditions contributing to the inability to acquire an
appropriate site.
Chase Real Estate will transition to be a Transaction Broker on all sites currently listed
by any realtor employed by Chase Real Estate. Otherwise Chase Real Estate will be a
Single Agent for the City of Clearwater in procuring the sites for this project.
E
0
Item # 27
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23 of 61
Houtiy Rates
Lot Flours of After ;
No. Location
Mon-Fri Sat-Sun
Pnforcement
Hours
Seasonal
MARINA
30 ' marina ? $0.75 $1.00 ACTIVMES No
25 Causeway Blvd. ? ONLY Charge
s3am-??„?
31 Pier 60
160 S. Cxulfvllee>av Blvd.
$1.50
$2,00
lam-tarn
Closed
32S 332 S. Guffview Blvd. ` $1.50 $2.019 7am-lam Closed !
r 212 Hamden Dr. $1.00 $1.25 Gam-11pm Closed
1
423 Mandalay Ave. $0.75,/ $2..08{
Gam" No
$2.00 $1.'S Charge
35 457 Mandalay Ave. $1.00
I $1.25
Sam-6pm
No
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36 4 Rockaway St. $1100 $1.25 Gam-lam Closed
t
2j Avalon - Kendall
6 Avalon St.
$1.00
$1.25
sam-lopm NO
Charge
{ Family Aquatic Center &am-6prn
! 3S & Recreation Center $1.88 j $1.25
1 (Mon-Sat)
12:30pm-6pm No
Charge
51 Bay Esplanade I
E (Sun)
3J McKay Field
$1.08
$1.25
Sam-lOpm No
685 Mandalay Ave. Charges
" 43 3x9011 East Share Dr. $1.00 4 $4.25 Sam-6psTa Car e ll
62N 188 Coronado Or $B,/:lay (Cash Only) Sam-Sunset Closed
621 158-170 Coronado Sir. $1.88 $1.25 6am=11pm Closed ;
63 400 E. Shore Dr. $1.00 $1.25 Sam-fipm Chaorge
Beach Streets 4
(286 spaces)
$1.00
$1.25
Varies
Varies
Spaces * Seasonal Rate - March through April eve
spnt_ ryday
*- Permit Parking Only
4 ; Note* Does not include Handicap Spaces
Rates & # of Spaces Subject to Change
JIf?RBQ / R a spcel. LEGEND:
- Parking Lot
Road Closed
3 '1 City Park
Public Beach
.=
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Spaces (727) 562-4892
?. eL'r'y General Parking Information m
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Attachment number 1
Page 29 of 61
C]
May 16, 2008
Dear Land Owner,
The Commercial Division of Chase Real Estate, located at
602 Mandalay Avenue on North Clearwater Beach, has been
selected by the City of Clearwater to assemble property
sites to be purchased by them to be used to build a 300
space public parking garage on Clearwater Beach.
This exciting new endeavor will benefit both business and
residential populations respectively and will help to alleviate
the ongoing challenge of traffic congestion on the beach.
As a Clearwater Beach land owner you are being offered
a unique opportunity to help your community by selling your
property location to the City of Clearwater at a realistic price.
Since the primary target location for purchase is in your area, it is
imperative that I hear from you ASAP regarding your level of interest
so that I may present your property to the City Council for consideration.
Please be advised that this opportunity will expire no later than Friday,
0 June 20, 2008.
I look forward to hearing back from you at your earliest convenience so
that together we may discuss the specifics of your properly in greater detail.
Sincerely yours,
®? L
Wm. Mark Searc , Realtor
Chase Real Estate Commercial Division
Office: 727-447-3223 Cell: 727-409-5813
--------- - -------- - -- - ----- - -- - ------ - ----- - ----- - --- - ---- - -------- - -------- - -------
Please indicate by checking below if you have an interest in selling your
property to the City of Clearwater. Thanks!
YES NO
Address of Property:
Signature:
Date:
• 6601 MANDALAY AVENUE ' CLEARWATER BEACH, FL 33767
OFFICE 727 447-8800 • 727 447-8814 FAx
WWW.CHASEFLORIDA.COM
ST. PETERSBURG - FL AND CHICAGO. IL Item # 27
Attachment number 1
Page 30 of 61
XIS@'._ Y , x:1 { .I F`.,-.01 e City might want your land
By Mike_Donila, Times Staff Witer
Published Thursday, May 15, 2008 9:21 PM
if you own commercial property along Clearwater Beach, expect Mark Searcy at your door.
The Chase Real Estate agent and the firm were tapped by Clearwater officials Thursday to help assemble enough
property to build the long-discussed parking garage the beach desperately needs.
*::
"I just bought a brand new pair of tennis shoes and I'm going to visi# paery aWner and ask them: 'How are you doing,
would you like to sell your land to the city, and how much7 " said 15 rcy, 47.
The City Council unanimously agreed to let Chase Real Estate, a beach firm, act as its broker in finding at least an acre of
south beach property to build a 300-space garage. The firm was selected from six contenders that sought the contract the
council issued in Mara..
City Attorney Pam Akin said staffers recommended Chase because they "were most interested in people with beach
experience ... but all the applicants were very qualifed."
Council member Paul Gibson, a beach real estate agent, said the company was well-qualified and he had faith it could get
the job done.
In the meantime, the city, which has held some off-and-on talks with other landowners, will end discussions and let Chase
do all the work.
The firm has one month to assemble the land, negotiate a price with the owners and bring an offer to the city. If
successful, Chase will get a 3 percent commission from the sellers. If the deal falls through, then the city will pay Chase
$5,000 for its "time and for a market study that details the conditions contributing to the inability to acquire an appropriate
site," according to the response the company submitted to the city.
if the firm fails, the city will consider using its own property to build a garage, a move that would most likely lead to a
garage being built on the existing south beach parking lot near where the old Adam's Mark hotel once stood.
But Searcy says he's planning to succeed.
'We're going to get 1 acre - no matter whether its from one owner or five owners" the real estate agent said. "But the
owners have to be realistic about the price and the city has to realize that because they passed the density (ordinance
that lets hotel developers build more units), the window of opportunity is small."
In Its proposal, Chase of>:lclals say they have already found one spot three parcels that total 1.1 acres on Coronado Drive
across the street from where the Hyatt Aqualea condo-hotel is rising. Searcy said he thought the property might sell for
•
http://www.tampabay.com/news/localgovemment/article5O8778.ece 5/16/2008
Item # 27
Attachment number 1
Page 31 of 61
$8-million to $10-million, but negotiations are still open.
• The Chase proposal also pointed out that Searcy played a hand in assembling land for the $125-million Marbella condo
project, located on parts of Coronado Drive and S Gulfview Boulevard, which has since been put on hold.
The city at this point has $6-million set aside that it could use to buy property. And it has $12.5-million in planned
revenues earmarked for a beach parking garage in last year's voter-approved Penny for Pinellas sales tax, which can be
used to build capital projects or fund major infrastructure improvements. The garage could cost as much as $9-million.
Chase officials will meet with city leaders Tuesday to determine just how much Clearwater is willing to spend.
City leaders have spent 10 years talking about a parking garage. Discussions with developers failed, mostly because
prices were too steep. City leaders say the rapidly dropping real estate market coupled with rising insurance costs could
make property owners willing to sell.
If so, theAe ready to deal.
The city does not want to build on the waterfront, but rather a few blocks away. That's why building a garage on the city-
owned property by the Adam's Mark, which is on the water, is considered a last resort.
In May 2003, city leaders discussed building a 335-space garage on top of the 1.4-acre lot. But residents were horrified,
saying it would close the window to one of the only places in south Clearwater Beach where motorists can catch a
glimpse of the Gulf of Mexico from their qrs.
0 >>Fast facts
What's next
The city has asked Chase Real Estate to assemble about an acre of land so it can build a beach parking garage. The firm
already has three pieces put together: the Golden Villa Motel, 228 Hamden Drive; the Riviera Motel, 221 Coronado Drive;
and the Echo Sails Motel, 216 Hamden Drive.
® 2008 - All Rights Reserved - St. Petersburg Times
490 First Avenue South - St. Petersburg, FL 33701 -727-893-8111
Contact Us I Join Us I Advertise with CJs I Subscribe to the. Times
Privacy Policy I Standard of Accuracy I Terms,. Conditions & Copyright
•
hq://www.tampabay.com/news/localgovemment/article508778.ece 5/16/2008
Item # 27
Attachment number 1
Page 32 of 61
Z,!Windows Liw-Hotmai.
mark1realtor@hotmai1.com
From : Clearwater Beach Chamber of Commerce <office@ beachchamber.com >
Reply-To : office@beachchamber.com
Sent : Wednesday, May 28, 2008 1:13 PM
To : wmsearcy@chasefiorida.com
Subject : You'll want to read this!
Printed: Monday, June 9, 2008 9:03 PM
CLEARWATER
CHAMBER F
OMMERCE
BEACH C
?`- r -?
WWW.BEACHCHAMBER.COM
Weekly Update
0
Bringing a World of Business to Your Door May 28, 2008
a
Good morning Mark
Have you gotten your table of friends and colleagues together for the June 12th Awards
Visit Our Weekly
Banquet? Please R5VP to the offlCe ASAP! Your payment Is your reservation and yes, you
can pay online! "Our Chamber Rocks" r Update Sponsor
You'll want to be at this event to hear our "BREAKING NEWS"I _
?j IMINW/ ).?IN A0..! _Jirol?J
CALEDESI is #1 Beach in America!
ristine St. Pete/ Clearwater 'Getaway' Tops 2008 List Hawaii,
'
'
p
727-210-1464
Florida favoritel
alifornia outranked by
Secret
W
Ik
Coastal expert Dr. Stephen Leatherman, a.k.a. "Dr. Beach," has named
.
Island State Park America's Top Beach for 2008.
atadesi
C Sales & Rentals
Labeling it his "favorite getaway beach," Leatherman lauded the
pristine barrier island's "powder white" sand and "warm, crystal-clear"
water in bestowing it the number one spot, nudging it into first place
from the #2 ranking it received in both 2006 and 2007. See LINK to Dr.
Beach elsewhere on this page.
Debra Gregory, GRI
Can A Beach Parking Garage Happen? . Broker/Owner
The City of Clearwater has selected CBCC member Chase Real Estate, as their broker of International Property Specialist
choice to assemble land for a public parking garage on Clearwater Beach.
This offers commercial landowners the opportunity to sell their property to the City of 727"365.6752
Clearwater for this much needed parking project. The parking garage is necessary to help
alleviate the lack of parking and the traffic congestion.
http://by 125fd.bay 125.hotmail.msn.com/cgi-bin/getmsg?curmbox=00000000%2d0000... 6/9/2008
Item # 27
MWN t1ounuil -
If you are a commercial landowner or a Real Estate agent with a current commercial listing
on the island, please contact Mark Searcy at 727.409.5813 (email at
wmsearcy@chaseflorida.com) or Walt Chase 727-447-3223,(email to
wchase@msn.com)
This window of opportunity, to make the parking garage a reality, will close within the next
30 days.
Tam a Ba Hosts The Bowl in '09
SUPiR OOW?
Take advantage of the opportunity to advertise for this event. The
* Super Bowl is expected to expand the regional economy by an
estimated $350 million through tourism that will create jobs;
effectively market our destination; encourage community
involvement; contribute to local business development and add to
TAMPA eAV 02.01.09 the overall quality of life of our residents
Take advantage of advertising for an unbelievable $200! The sooner you sign on, the more
bang you'll get for your advertising buck! The ads will run thru Super Sunday.
A Banner on our website homepage will take visitors to your ad that will appear on our
Upcoming Events Page. Call for more info and get in on this great deal to promote your
SUPER BOWL SPECIALS!
Hurricane Alert!
19) Sign up for the award-winning E-Lert electronic newsletter. The E-Lert:
Hurricane and Safety News provides the most current Pinellas-specific
information about hurricanes, severe weather and other disasters. The monthly
electronic newsletter also gives instant updates from the county's Emergency
Operations Center in the event a hurricane threatens the Tampa Bay area. Click here
to team more and subscribe.
A New Restaurant or Twol
From our friends at Britts on Clearwater Beach comes a new restaurant! Fishtail Willy's
Ocean Grill is located at 2543 Countryside Blvd, Clearwater, in the back of the Countryside
Centre. Doors open every day for lunch at 11:00am with the kitchen closing at 10:00pm.
The Mermaid Lounge remains open late night every day with select menu items available.
Fish Tail Witty's Ocean Grill is not a chain restaurant, but a Clearwater Original. Stop by and
wish Lior'Mazel Tov' and tell him you heard about it here!
Also watch for a long time beach favorite to expand its presence to Beach Walkl
Pink Power Walk!
Get some PINK POWER Et help fight Cancer and Violence!
We hope you are planning to support our "Pink Lady", Betty Furniss in her PINK POWER
fundraiser Saturday, May 311
All proceeds from this event will benefit the Mary Kay Ash Charitable Foundation dedicated
to finding a cure for cancers affecting women and putting an end to domestic violence.
A really great day - short walk, silent auction,
raffles, 50/50 drawing, a nice goody bag filled with great stuff and the pink bike winner
will be announced! Don't miss the fun and do bring a friend along!
Even if you can't attend the event, you can make a donation
(check to the MKACF) or you could buy a chance or two to win the PINK BIKE! Stop into
Tommy Duffs on Island Estates to see the bike. And if you or a friend are a cancer survivor
or are undergoing treatment, you are invited to autograph it! Ask for the special paint pen.
Contact Betty to register,for more information call 447.4646 or email her at
betWurniss@marykay.com
Save the Dates!
M_"
31st - 2nd Annual Mary Kay Pink Power Walk
JUNE
3rd - MM BOD Meeting at Frenchy's Rockaway Grill
12th - Annual Awards Banquet at Shephards Wave Tiki Bar and Nightclub.
• I 2 TICKETS to Each of FIRST 4 CALLERS
Attachment number 1
Page 33 of 61
Mark Thirey
Realtor/Associate
727-517-5300
Anna Aliaga, GRI
Broker/Associate
727-455-6600
Your life is waiting, make
the move!
Chamber Website
Click on the Link of the Weeki
Dr. Beach!
Thotxaht for the
Week
Mark Twain said: If you don't
read the newspaper, you are
uninformed. If you do read the
newspaper, you are
misinformed.
Florida Orchestra
Free Tickets!
Beethoven & Brahms
Thu.May.29, 8:00 REH
Sat.May.31, 8:00 MAH
Call Us!
Contact Us:
727.447.7600
Q "?,.
Pay Online
Read our June monthly
newsletter, Beach Update,
online!
Click Here
http://by l25fd.bay l25.hotmail.msn.com/cgi-bin/getmsg?curmbox=00000000°/o2d0000... 6/9/2008
Item # 27
Attachment number 1
Page 34 of 61
Windows Live Hotma::
markIrealtor@hotmail.com
From ; Clearwater Beach Chamber of Commerce <office@beachchamber.com>
Reply-To : office@beachchamber.com
Sent : Wednesday, June 4, 2008 1:05 PM
To : wmsearcy@chaseflorida.com
Subject : Are You Going To Read This?
Printed: Monday, June 9, 2008 8:56 PM
I'm I
J
CLEARWATER
COMMERCE
BEACH CHAF
WWW.BEA(H(HAMBER.COM
9
Weekly Update
Bringing a World of Business to Your Door June 4, 2008
Catedesi Island the ##1 beach in America!
Good morning Mark Visit Our Weekly
This is the final week to make reservations for the June 12th Awards Banquet? Please . Update Sponsor
RSVP to the office ASAP! Your payment is your reservation and yes, you can pay online!
Don't miss out on this great evening at Shephard's Beach Resort. Pre-Dinner cocktails (
ft hors doeuvre party begin at 6:00 p.m. Musical entertainment will be provided by
Musical Images. "Our Chamber Rocks"
You'll want to be at this event to hear our "BREAKING NEWS-I Hint: it's the only one In 727-210-1464
the world!
Can A Beach Parking Garage Happen? . Sales & Rentals
EQUALLY IMPORTANT IS "WHERE"?
The first place we need parking is in the Beach Walk area on south Clearwater Beachl
The 2nd consideration should be that it is constructed to allow for future spaces to be
added.
The 3rd consideration is to design it to be both esthetically pleasing and so that ingress Debra Gregory, GRI
Broker/Owner
and egress will alleviate, not add to traffic congestion.
No small task, but there's only one chance to get it right.
Commercial landowners have the opportunity to sell their property to the City of International Property Specialist
Clearwater for this much needed parking project. If you are a commercial landowner or a
Real Estate agent with a current commercial listing on the island, please contact Mark 727.365.6752
Searcy at 727.409-5813 (email at wmsearcy@chaseflorida.com) or Watt Chase 727.447.3223,
http://by l25fd.bay l 25.hotmail.msn.com/cgi-bin/getmsg?curmbox=00000000°/o2d0000... 6/9/2008
Item # 27
•
1V1011 11vullcul -
Windows Live, Hotmai
mark 1 realtor@hotmail -com
From : Clearwater Beach Chamber of Commerce <office@beachchamber.com>
Reply-To : office@beachchamber.com
Sent : Wednesday, May 21, 2008 1:05 PM
To : wmsearcy@chaseflotida.com
Subject : Your May 21st Weekly Update
Attachment number 1
Page 35 of 61
Printed: Monday, June 9, 2008 8:57 PM
L?
CLEARWATER
CHAMBER OF
oMcE
SEA W c
W WW MACHCHAMBER,COM
NA,
NA)
It( y
Good morning Mark
Have you gotten your table of friends and colleagues together for the June 12th Awards Visit Our Weekly
Banquet? Please RSVP to the ohiCe ASAP! Your payment is your reservation and yes, you
' Update Sponsor
can pay online! 'Our Chamber Rocks ?...
Can A Beach Parking Garage Happen? i ::...6..sr...?.,.?r,
The City of Clearwater has selected CBCC member Chase Real Estate, as their broker of
choice to assemble land for a public parking garage on Clearwater Beach. 727-210-9464
This offers commercial landowners the opportunity to sell their property to the City of
Clearwater for this much needed parking project. The parking garage is necessary to help
gales & Rentals
alleviate the lack of parking and the traffic congestion.
If you are a commercial landowner or a Real Estate agent with a current commercial listing
on the island, please contact Mark Searcy at 727.409.5813 (email at
wmsearcy@chaseflorida.com) or Walt Chase 727.447.3223,(email to
Debra Gregory, GRI
regory,
wchase@msn.com)
This window of opportunity, to make the parking garage a reality, will close within the next Broker/Owner
30 days.
International Property Specialist
am pa Bay Hosts The Bowl in '09 727-365.6752
_,uPdR 8pwl
Take advantage of the opportunity to advertise for this event. The
* Super Bowl is expelled to expand the regional economy by an
http://by l25fd.bay l 25.hotmail.msn.comlcgi-binlgetmsg?curmbox--00000000%2d0000... 6/9/2008
Item # 27
Attachment number 1
Page 36 of 61
COMPARABLE PROPERTIES
DATE OF SALE ADDRESS $ SQ FT
1) 01-12-2006 411 S Gulfview Drive $2,000,000 7,697
(Average $260 per sq ft)
2) 12-22-2006 333 Hamden Drive $3,000,000 16,953
(Average $177 per sq ft)
3) 09-26-2005 326 Coronado Drive $10,320,000 53,897
(Average $197 per sq ft)
4) 09-20-2005 415 Coronado Drive $2,370,000 14,205
(Average $167 per sq ft)
5) 08-09-2005 345 Hamden Drive $3,450,000 9,240
(Average $373 per sq ft)
6) 08-04-2005 350 Hamden Drive $3,400,000 24,754
(Average $127 per sq ft)
7) 08-01-2005 326 Hamden Drive $3,900,000 21,531
(Average $181 per sq ft)
8) 07-29-2005 229 Coronado Drive $4,150,000 19,800
(Average $210 per sq ft)
9) 06-29-2005 101 Coronado Drive $4,083,000 10,284
(Average $397 per sq ft)
10) 05-26-2005 346 Hamden Drive $1,800,000 13,320
(Average $135 per sq ft
11) 03-07-2005 41 Devon Drive $2,400,000 16,500
(Average $145 per sq ft)
12) 01-18-2005 316 Hamden Drive $2,200,000 11,987
(Average $183 per sq ft)
13) 01-18-2005 315 Coronado Drive $2,200,000 6638
(Average $331 per sq ft)
0
Item # 27
+1)I I Attachment number 1
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Page 39 of 61
• ASSEMBLAGE #1
1) City lot (corner of Devon Drive and Hamden Drive) irregular lot size
16,430 sq ft (.3664 acres)
2) "Echo Sails" 216 Hamden Drive 135 x 115 = 15,525 sq ft (.3564 acres)
3) "Golden Villa" 225 Coronado Drive irregular lot size 16,500 sq ft
(.38 acres)
4) "Riviera" 221 Coronado Drive 185 x 105 = 19425 sq ft (.4516 acres)
TOTAL OF "SQUARE" WITH CITY PIECE = 67,880 sq ft (1.56 acres)
COST = $9.7 million
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Page 41 of 61
1* ASSEMBLAGE #2
1) "Golden Villa" 225 Coronado Drive irregular lot size 16,500 sq ft
(.38 acres)
2) "Sunrise" 229 Coronado Drive 90 x 220 = 19,800 sq ft (.46 acres)
TOTAL OF "SQUARE" = 36,300 sq ft (.84 acres)
COST = $7 million
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1) 301 Coronado Drive irregular lot size .3131 acres)
2) 309 Coronado Drive irregular lot size( .5896 acres)
TOTAL OF "SQUARE" = 39,600 sq ft, (.901 acres)
COST= $9.5 million
Attachment number 1
Page 43 of 61
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Page 45 of 61
ASSEMBLAGE #4
1) 316 Hamden Drive (portion) irregular lot size approx (.2752 acres)
2) 326 Hamden Drive (portion) irregular lot size approx (.4943 acres)
3) 321 Coronado Drive 60 X 110 = 6,600 sq ft (.1515 acres)
4) 315 Coronado Drive irregular lot size (.1524 acres)
5) 317 Coronado Drive 60 x 110 = 6,600 sq ft (.1515 acres)
TOTAL OF "SQUARE" = 39,600 sq ft (.901 acres)
COST = $8.56 million
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Page 47 of 61
0 ASSEMBLAGE #5
1) "New Yorker" 332 Hamden Drive 87 X 110 = 9,570 sq ft (.2191 acres)
2) "Tropical Sky Ranch" 333 Coronado Drive 63 X 110 = 6,930 sq ft
(.1592 acres)
3) 331 Coronado Drive 61 X 110 = 6,710 sq ft (.1540 acres)
4) 327 Coronado Drive 60 X 110 = 6,600 sq ft (.1515 acres)
5) 330 Hamden Drive 97 X 110 = 10,670 sq ft (. 2449 acres)
TOTAL OF "SQUARE" = 40,480 sq ft (.9293 acres)
COST = $9.16 million
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Page 49 of 61
0 ASSEMBLAGE # 6
1) "Gem Tower Motel" 341 Coronado Drive 70 X 220 = 15,400 sq ft
(.3535 acres)
2) "Tropicana Motel" 347, 353 Coronado Drive/350 Hamden Drive
Irregular lot size = 20,524 sq ft (.4712 acres)
3) "Tri-Plex" 345 Coronado Drive 60 X 110 = 6,600 sq ft (.1515 acres)
4) "Albatross Motel" 346 Hamden Drive irregular lot size = 13,321 sq ft
(.3058 acres)
TOTAL OF "SQUARE BLOCK".= 55,845 sq ft (1.282 acres)
TOTAL COST = $8.5 million
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Attachment number 1
Page 51 of 61
0 ASSEMBLAGE # 7
1) "Tropicana Motel" 347, 353 Coronado Drive/350 Hamden Drive
Irregular lot size = 20,524 sq ft (.4712 acres)
2) "Tri-Plex" 345 Coronado Drive 60 X 110 = 6,600 sq ft (.1515 acres)
3) "Albatross Motel" 346 Hamden Drive irregular lot size = 13,321 sq ft
(.3058 acres)
TOTAL OF "SQUARE" = 40,445 sq ft (.9285 acres)
TOTAL COST = $4.5 million
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Page 54 of 61
0 ASSEMBLAGE # 8
1) "Barefoot Bay Resort 401 East Shore Drive
Irregular lot size = 14,100 sq ft (. 3237 acres)
2) "Beverly Dollar Lot" 403 East Shore Drive 65 X 180 = 11,700 sq ft
(.2685 acres)
3) "Rogers Lot #1" 405 East Shore Drive 65 X 152 = 9,880 sq ft
(.2268 acres)
4) "Rogers Lot #2" 409 East Shore Drive 60 X 163 = 9,780 sq ft
(.2245 acres)
5) "City Lot" 18 x 200 = 3,600 sq ft (.0826 acres)
is TOTAL OF "SQUARE" = 49,060 sq ft (1.126 acres)
TOTAL COST = $11.2 million
Item # 27
Attachment number 1
Page 56 of 61
0 ASSEMBLAGE # 9
1) "Olympia Motel" 423 East Shore Drive 100 X 121 = 12,100 sq ft
(.2777 acres)
2) "Anna Motel" 425 East Shore Drive 50 X 137 = 6,850 sq ft (.1573 acres)
3) "Anna Motel" 441 East Shore Drive 49 X 140 = 6,860 sq ft (.1575 acres)
4) "Papaya Street" Approximately 60 X 140 = 8,400 sq ft (.1928 acres)
TOTAL OF "RECTANGLE" = 34,210 sq ft (.7850 acres)
TOTAL COST = $5 million
is
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Item # 27
Attachment number 1
Page 58 of 61
0 ASSEMBLAGE # 10
1) "City Lot" Approximately 70 X 115 = 8,050 sq ft (.1848 acres)
2) "Cote) Inc" (City Lot) 150 X 115 = 17,250 sq ft (.3960 acres)
3) "Tsafatinos Lot" 406 East Shore Drive 50 X 115 = 5,750 sq ft
(.1320 acres)
4) "Traveler Motel" 408 East Shore Drive 100 X 115 = 11,500 sq ft
(.2640 acres)
TOTAL OF "RECTANGLE" = 42,550 sq ft (.9768 acres)
TOTAL COST = $6 million (plus 3,600 sq ft of retail space)
0
0
Item # 27
Attachment number 1
Page 60 of 61
0 ASSEMBLAGE # 11
1) "Gruver's Gas Station" 415 South Fort Harrison Street
90 X 184 = 16,560 sq ft (.3802 acres)
2) "Harrison's Grille" 401 South Fort Harrison Street
60 X 190 = 11,400 sq ft (.2617 acres)
3) "Markley Street" Approximately 60 X 190 = 11,400 sq ft (.2617 acres)
4) "City Lot" (North of Harrison's Grille)
Approximately 60 x 190 = 11,400 sq ft (.2617 acres)
TOTAL OF "LOT" = 50,760 sq ft (1.165 acres)
TOTAL COST = $6 million
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Item # 27
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Item, 7
('<. 'roan i s` i
Jul 08 08 02:19p Linda Christman
Rod Irwin
Assistant City Manager
City Of Clearwater
July 8th, 2008
RE: Final Presentation Parking Garage Assemblage
Rod.
727-445-9589 Attach eri2number2
Page ?of 1
Enclosed is a copy of my final presentation to City Council and updated price sheets of assemblages.
Please review them and let me know if you want to make any changes. I will continue to work to get the
prices reduced up until next Monday's Work Session.
Hope your vacation was relaxing and memorable!
_r
Mark Searcy
CHASE REAL ESTATE
Commercial Division
660 MANDALAY AVENUE ? CLEARWATER BEACH, FL 33767
OFFICE 727 447-8800 - 727 447.8814 FAX
WWW.CHA5EFLORIDA.COM
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COMPARABLE PROPERTIES
2005
Attachment number 2
Page 1 of 1
DATE OF SALE ADDRESS $ SQ FT
1) 09-26-2005 326 Coronado Drive $10,320,000 53,897
(Average $197 per sq ft)
2) 09-20-2005 415 Coronado Drive $2,370,000 14,205
(Average $167 per sq ft)
3) 08-09-2005 345 Hamden Drive $3,450,000 9,240
(Average $373 per sq ft)
4) 08-04-2005 350 Hamden Drive $3,400,000 24,754
(Average $127 per sq ft)
5) 08-01-2005 326 Hamden Drive $3,900,000 21,531
(Average $181 per sq ft)
6) 07-29-2005 229 Coronado Drive $4,150,000 19,800
(Average $210 per sq ft)
7) 06-29-2005 101 Coronado Drive $4,083,000 10,284
(Average $397 per sq ft)
8) 05-26-2005 346 Hamden Drive $1,800,000 13,320
(Average $135 per sq ft
9) 03-07-2005 41 Devon Drive $2,400,000 16,500
(Average $145 per sq ft)
10) 01-18-2005 316 Hamden Drive $2,200,000 11,987
(Average $183 per sq ft)
11) 01-18-2005 315 Coronado Drive $2,200,000 6,638
(Average $331 per sq ft)
2005 TOTAL: $40,273,000 divided by 204,156 sq ft = $197 per sq ft
Approximately $8.6 million per acre
Item # 27
Attachment number 2
Page 1 of 1
COMPARABLE PROPERTIES (CONTINUED)
2006
DATE OF SALE ADDRESS $ SQ FT
1) 01-12-2006 411 S Gulfview Blvd $2,000,000 7,697
(Average $260 per sq ft)
2) 12-22-2006 333 Hamden Drive $3,000,000 16,953
(Average $177 per sq ft)
2006 TOTAL: $5,000,000 divided by 24,650 sq ft = $203 per sq ft
Approximately $8.8 million per acre
2007
1) 12-00-2007 430 S Gulfview Blvd $17,500,000 80,070,000
(Average $219 per sq ft) PLEASE NOTE: PROPERTY ORIGINALLY SOLD IN
2003 FOR $20,138,200 AND AGAIN IN 2005 FOR $31,500,000
2007 TOTAL: $17,500,000 divided by 80,070,000 sq ft = $219 per sq ft
Approximately $9.5 million per acre
(Page 2)
Item # 27
Attachment number 2
Page 1 of 1
ASSEMBLAGE "SUPER BLOCK"
1) City lot (corner of Devon Drive and Hamden Drive) irregular lot size
16,430 sq ft (.3664 acres)
2) "Echo Sails" 216 Hamden Drive 135 x 115 = 15,525 sq ft (.3564 acres)
3) "Golden Villa" 225 Coronado Drive irregular lot size 16,500 sq ft
(.38 acres)
4) "Riviera" 221 Coronado Drive 185 x 105 = 19,425 sq ft (.4516 acres)
5) "Sunrise" 229 Coronado Drive 90 x 220 = 19,800 sq ft (.46 acres)
6) 35 Devon Drive (Decade Properties) 100 x 110 = 11,000 sq ft (.2525
acres)
7) "Anchor Mart" 207 Coronado Drive 50.25 x 110 = 5,525 sq ft (.1263 sq
ft)
TOTAL OF "SUPER BLOCK" WITH CITY PIECE = 104,205 sq ft (2.392
acres)
COST = $16 million with concession for parking for 35 Devon Drive site.
REVISED COST = $13.4 MILLION WITH CONCESSION FOR PARKING
FOR 35 DEVON DRIVE SITE.
Item # 27
Attachment number 2
Page 1 of 1
ASSEMBLAGE #1-A
1) City lot (corner of Devon Drive and Hamden Drive) irregular lot size
16,430 sq ft (.3664 acres)
2) "Echo Sails" 216 Hamden Drive 135 x 115 = 15,525 sq ft (.3564 acres)
3) "Golden Villa" 225 Coronado Drive irregular lot size 16,500 sq ft
(.38 acres)
4) "Riviera" 221 Coronado Drive 185 x 105 = 19,425 sq ft (.4516 acres)
5) 35 Devon Drive (Decade Properties) 100 x 110 = 11,000 sq ft (.2525
acres)
TOTAL OF "SQUARE" = 78,880 sq ft (1.81 acres)
COST = $8.9 million with concession for parking for 35 Devon Drive site
Item # 27
a
Attachment number 2
Page 1 of 1
ASSEMBLAGE #1-B
1) City lot (corner of Devon Drive and Hamden Drive) irregular lot size
16,430 sq ft (.3664 acres)
2) "Echo Sails" 216 Hamden Drive 135 x 115 = 15,525 sq ft (.3564 acres)
3) "Riviera" 221 Coronado Drive 185 x 105 = 19,425 sq ft (.4516 acres)
4) 35 Devon Drive (Decade Properties) 100 x 110 = 11,000 sq ft (.2525
acres)
TOTAL OF "SQUARE" = 62,380 sq ft (1.43 acres)
COST = $6.1 million with concession for parking for 35 Devon Drive site
Item # 27
Attachment number 2
Page 1 of 1
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Attachment number 2
Page 1 of 1
ASSEMBLAGE #2
1) "Golden Villa" 225 Coronado Drive irregular lot size 16,500 sq ft
(.38 acres)
2) "Sunrise" 229 Coronado Drive 90 x 220 = 19,800 sq ft (.46 acres)
TOTAL OF "SQUARE" = 36,300 sq ft (.84 acres)
COST = $7 million
REVISED COST = $6.3 million
Item # 27
Attachment number 2
Page 1 of 1
ASSEMBLAGE #3
1) 301 Coronado Drive irregular lot size (.3131 acres)
2) 309 Coronado Drive irregular lot size( .5896 acres)
TOTAL OF "SQUARE" = 391600 sq ft (.901 acres)
COST= $9.5 million
REVISED COST = $7.99 million
Item # 27
Attachment number 2
Page 1 of 1
ASSEMBLAGE #4
1) 316 Hamden Drive (portion) irregular lot size approx (.2752 acres)
2) 326 Hamden Drive (portion) irregular lot size approx (.4943 acres)
3) 321 Coronado Drive 60 X 110 = 6,600 sq ft (.1515 acres)
4) 315 Coronado Drive irregular lot size (.1524 acres)
5) 317 Coronado Drive 60 x 110 = 6,600 sq ft (.1515 acres)
TOTAL OF "SQUARE" = 39,600 sq ft (.901 acres)
COST = $8.56 million
REVISED COST = $7.38 million
Item # 27
Attachment number 2
Page 1 of 1
ASSEMBLAGE #5
1) "New Yorker" 332 Hamden Drive 87 X 110 = 9,570 sq ft (.2191 acres)
2) "Tropical Sky Ranch" 333 Coronado Drive 63 X 110 = 6,930 sq ft
(.1592 acres)
3) 331 Coronado Drive 61 X 110 = 6,710 sq ft (.1540 acres)
4) 327 Coronado Drive 60 X 110 = 6,600 sq ft (.1515 acres)
5) 330 Hamden Drive 97 X 110 = 10,670 sq ft (. 2449 acres)
TOTAL OF "SQUARE" = 40,480 sq ft (.9293 acres)
COST = $9.16 million
REVISED COST = $8.88 million
Item # 27
&// ?/o k
Over the last three months, I have brought the City Council eighteen
different assembled parcels to be considered for the much needed
Clearwater Beach parking garage. Based on your final search criteria,
have narrowed this list to three. On behalf of Chase Real Estate, I would
like to thank you for the opportunity to bring you the aforementioned
assemblages which have the following collective benefits:
* All sites are an ideal distance from the Roundabout allowing for proper
ingress/egress and preventing congestion at Pier 60.
* The proximity of the sites to Beach Walk feeds people directly into beach
businesses and the beach.
* Each footprint is large enough to build 4-5 floors and allows for future
expandability. Since the sites are all within a corridor which permits
100-150 foot buildings, the vista will not be blocked.
* The sites range in price from $4.6 - $5.7 million which makes the overall
cost approximately 60% of the market value based on comparable
properties and a considerable value for the city.
My revised list includes the following specific three assemblages:
1) ORIGINAL ASSEMBLAGE # 7 (AKA Lucca Assemblage")
.92 acre site North of 5th Street between Coronado Drive and Hamden
Drive. The entire 3.6 acres is currently in full foreclosure and this parcel
will not become available for at least two to six months if at all.
2) ORIGINAL ASSEMBLAGE #5 REVISED
.9 acre (38,374 Sq. ft.) site North of Brightwater Drive between
Coronado Drive and Hamden Drive. This assemblage is $5 million and
is available for immediate purchase.
3) ASSEMBLAGE # 18
1.01 acre (43,998 Sq. ft.) site is the ORIGINAL ASSEMBLAGE #5
REVISED" with additional footage to the North making it a 1 acre site.
This extra footage will allow the garage to be built in four floors rather
than five floors. It is conceivable that the cost of construction for a
gargage with one less floor may offset the additional purchase price of
the land. This assembage is $5.7 million and is available for immediate
purchase.
ORIGINAL ASSEMBLAGE #5 (REVISED)
1) 321 Coronado Drive 60 x 110 = 6,600 sq ft (.1515 acres)
2) Portion of 330 Hamden Drive 168 x 110 = 18,464 sq ft (.424 acres)
3) 331 Coronado Drive 61 X 110 = 6,710 sq ft (.1540 acres)
4) 327 Coronado Drive 60 X 110 = 6,600 sq ft (.1515 acres)
TOTAL OF "SQUARE" = 38,374 sq ft (.9 acres)
REVISED COST = $5 million
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Clearwater Proposed Beach Garage Locations
(Assemblage Outlines Provided by Chase Realty) N
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Prepared by:
Engineering Department
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ssemblage #5 Approximately 38374 sq ft or 0.88 acres
Geographic Technology Division - S
100 S. Myrtle Ave, Clearwater, FL 35766
Ph: (727)6624750, Fax: (727)5264766 Map Gen By: JHH Reviewed By: TM Date: 8/14/2008 Grid #: 276A S-T-R: 8-29s-1 So Scale: 1"=100'
www.MyClearwater.eom
Map Document: (V:\GOEngineering\Location Maps\opt1_Prop Beach Garage.mxd)
ASSEMBLAGE #18 WS REVISED 2)
1) 321 Coronado Drive 60 x 110 = 6,600 sq ft (.1515 acres)
2) 330 Hamden Drive 154 x 110 = 16,940 sq ft (.389 acres)
3) 331 Coronado Drive 61 X 110 = 6,710 sq ft (.1540 acres)
4) 327 Coronado Drive 60 X 110 = 6,600 sq ft (.1515 acres)
5) Portion of 317 Coronado Drive 25 X 110 = 2,750 sq ft (.063 acres)
6) Portion of 326 Coronado Drive 40 X 110 = 4,400 sq ft (.10 acres)
TOTAL OF "SQUARE" = 43,998 sq ft (1.01 acres)
REVISED COST = $5.7 million
0 Proposed Beach Garage Locations N
Clearwater (Assemblage Outlines Provided by Chase Realty)
0 11 w E
Prepared by:
Department
Engineering
Assemblage #5 Ri Approximately 43998 sq ft or 1.01 acres
Geographic a¢hnology Division
Technology
- -- S
100 3. Myrtle Ave, Clearwater, FL 33766 -- - -- --- --- - - -
Ph: (727)6624760, Fax: (727)6264766
www.MyCleanvatec¢om Map Gen By: JHH Reviewed By: TM Date: 8114/2008 Grid #: 276A S-T-R: $-29s-15e Scale: 1"=100'
Map Document: (V:\GOEngineering\l.ooffiion Maps\opt1_Prop Beach Garage.mxd)
Meeting Date:8/18/2008
Y 1 ,",_1
4`k ' g Work Session
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Adopt Ordinance No. 7964-08 on second reading, changing the parameters and procedures for settling minor claims.
SUMMARY:
Review Approval: 1) Clerk
Cover Memo
Item # 28
Attachment number 1
Page 1 of 2
ORDINANCE NO. 7964-08
AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA, RELATING TO THE PROCEDURES TO
SETTLE CLAIMS THROUGH THE CITY'S SELF-
INSURANCE PROGRAM; CHANGES THE
PARAMETERS AND PROCEDURES FOR
SETTLING MINOR CLAIMS; PROVIDES THAT
STAFF CONTINUE SETTLEMENT AUTHORITY TO
$25,000 AND COUNCIL MUST CONTINUE TO
APPROVE SETTLEMENTS FOR WHICH THE CITY
MUST PAY MORE THAN $25,000.
WHEREAS, the settlement procedures as set forth in this ordinance are
made clearer and less cumbersome and increasing authority of smaller claims to
allow for inflation, while maintaining the same level of Council approval for more
significant claims.
BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF CLEARWATER, FLORIDA:
Section 1. Section 2.527, Settlement of Claims, be amended to read:
Sec. 2.527. Settlement of claims.
(1) Claim s b
?m
an-nagger is
the pit
The Git ai settle
aRd Telease
y
n
y.
y ,
-
gn be half of the pity, aRy nlaim er laWS iit in fa\/gr gf the pity wherein the
amgi i
i n+ alleged to be di 1e try the nit y dg es ng+ eVneed $10, nnn nn
nr
d ed, hnwev?the omni in+ allege d +n he d, io +n the pity eXG
$2,00
si inh 0.00, the nit y RgaRager shall first G
ether pit
emplG
m
ees as the pit ARS' "t With the pity attemey and
doom appropriate
anager ma
hefgr y
y
y
e making aR
settlement Af si inh y
nlaim
y
(2) Gl
aims ag
-- a
inst the pit
it
TThe e p m
anag
er is of itherizedettl
e n
n b
- eha
lf
a
??rrrr?
t??
of the pit
aR y
y.
a
v
nlaim against the pit Tr
arrag
c
vr
ccrr
ra
wherein the amgi int to he paid in a
crTTr
y
y
settlement dg y
es net evneed $10
000 's fe
inn''ding nests and a++r-rne
00 es;
i , y
.
,
pr
ded, w
?m
an
a
the Git ev? he amgi int to
g
eF shall first pens' -it w he paid in set+lern e.ptexr--eeds $2 nn
ith the nit
end si en
atterne
rA-the
F G n nn
it
g
rt
a
y
emple
ees as g
the pit
manager ma y
y
v
e
deem apprepriate hefnre making arn y
i
y
settlement gf y
y
si inh nlaim
The City Manager or his/her designee is authorized to settle and release,
on behalf of the City, any claim or lawsuit both for and against the City, up
to and including $25,000; provided, however, that any settlement that
exceeds $7,500 shall be reviewed by the City Attorney and/or designee
- 1 - Ordinance 7961t" # 28
Attachment number 1
Page 2 of 2
and any claim that exceeds $15,000 shall require unanimous written
concurrence of the City Manager, City Attorney and Risk Manager or their
designees.
{3}_aDelegation of settlement authority. The city manager may delegate the
authorization to settle claims pursuant to subsection (1) of this section to
other city employees as the city manager may deem appropriate. The -^
atleYVMy may delegate +e on assistant pity o++erney the f1 inn+ien of nensi 1l+ing
?nii+h the pity regardiRg he settlement of nlaims pi irsi font to this
(4) Maxima im s
et+lemen+ ai i+herit
T it
manager
?eiith
he e n the i inanimei is
y
c
? ccrcrrr y
a
Trarrcrg
,
'
?e ir ?TCCi+teCr'n nAr_, wrrenne of the nit y atter
r-vAvrrvur
vv
S risk man
ne y, c the nit y
-
-n-rcn
ag
rager anr! the
?c
seniine agent is awtherized to settle
payment of anY nlaim against the pit nn hehalf of the pity
y wherein the amei ant and awtheriZe
+e he pair! in
se++lement rlnes not e..need $25 nn n nn innL irling nnsts a 'G fees
Rd a++erne
y
(5) City nrmmissien Council approval of settlements. Any proposed
settlement of any claim resulting in non-reimbursed expenditure of City funds
fer er against the ni+„ that exceeds $25,000, the a„thnri+yi granter! pi irsi ian+ +e
+hi A_F4 er in +ien ? R45 shall first be approved by the city nemmissien
council before the settlement can become final and binding upon the city.
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:
Frank V. Hibbard
Mayor
Attest:
Paul Richard Hull Cynthia E. Goudeau
Assistant City Attorney City Clerk
-2- Ordinance 7961t" # 28
Meeting Date:8/18/2008
Y 1 ,",_1
4`k ' g Work Session
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Adopt Ordinance No. 7965-08 on second reading, amending Section 2.641 - 2.647, Code of Ordinances, relating to the Self Insurance
Program, making procedural changes and name changes.
SUMMARY:
Review Approval: 1) Clerk
Cover Memo
Item # 29
Attachment number 1
Page 1 of 3
ORDINANCE NO. 7965-08
AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA, AMENDING SECTION 2.641-2.647: SELF-
INSURANCE PROGRAM, RELATING TO PROCEDURAL
CHANGES AND NAME CHANGES; PROVIDING AN
EFFECTIVE DATE:
WHEREAS, the self-insurance program ordinance has become outdated and
there have been procedural and name changes that should be reflected in the
ordinance; now therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF CLEARWATER, FLORIDA:
Section 1. Sections 2-641 to 2.647 are amended to read:
Sec. 2.641. Purpose.
It is declared to be the policy of the city that the city shall, wholly or in part, carry its own
insurance risks in order to effect savings on premiums heretofore paid to insurance
companies.
Sec. 2.642. Reserve fund-Established.
A fund to be known as the fund of the city is hereby established. The city manager is
directed to request authority from the city ^^mmissi.,n council for the transfer of money
to such fund from time to time, as needed.
Sec. 2.643. Same-Disposition; withdrawals
{?} The central insurance Yesic ve fund shall be accounted for depesited in S^m°
hnnli in +ho aRd shall be kept entirely separate and distinct from all other
funds belonging to the city. The city manager or the agent his/her
designee and the servicing agent, if one is used, shall have authority fe Make
ho a. i+h^ri?o? in ,,ri+inn to pay expenses related to claims both for and against
the City from the central insurance fund. Surplus moneys in the central
insurance Fesep,'e fund may be invested in accordance with the City's investment
Op Ijcy United States nn"ornmon+ hnnrlc nr in hnnrlc of the ^ity, hi It All ci i^h
be-RdS, iallkept ppara+° fr^m all ethe.r s A-WRed by the ^ity aRd shall
be dic+inn+h, earmarked as h°Innninn +n the insi irAn^o roson,o fi ind
- 1 - Ordinance 7965 # 29
Attachment number 1
Page 2 of 3
(2) The ser"ine anent is ai i+hnriZed! +n es+ahlish a honk +ri is+ annni in+ +n renei"e
payment of nlaims
Sec. 2.644. Servicing agent; claims management.
The city manager, at his/her discretion, may sha 4 obtain the services of a person or
agency to function as servicing agent for the city in its self-insurance program or use in-
house adjusters to administer the self-insurance program. The servicing agent and/or
in-house adjusters shall be responsible for a program of claims management, including
the administration of such a program. and a prnnrom of Incc nre"entinn
Sec. 2.645. Payment of claims.
As part of the claims management program, the servicing agent and/or in-house
adjusters shall have authority to settle and pay claims not to exceed the sum set forth
as a limitation of settlement authorization in Section 2.527. in the anni ial sep,ine
agFeeRent°°t en the nit" aRd the ser"ine aageRt.
Sec. 2.646. Report of losses.
Whenever a claim loss occurs, it shall be the duty of the head of the department in
which the claim loss occurs to report the loss to Risk Management. the sep,i,.e anent in
WFitiRg. Such report shall give may include full details concerning the loss, including any
reports, pictures, statements or other data and- Shall innlude as well as an estimate of
the value of such claim loss. Ea^h repnr+ of ^laim Inns droll he kept nn file ?j?
vr a p FeriGd? of ene "cezar aft aizer it has hee ancte d!nn and! ma" thercrceaftec r he nreneo77oer!
hall fed a
?-rn--??ccrn r-crr ?-r?rcr
in onnnrdlonne n,i+h the snhedli ile fnr handllinn pi ihlin rennrdlc
Sec. 2.647. Authority of city manager to reduce or cancel insurance.
The city manager or his/her designee is authorized, hegi"'RORg YVith the first fisnal year
f?nlln,n Inc+i+i i+inn of the celf_ilps iranne program by the ni+„ to reduce the amount of
fire, windstorm, liability, workerLss' compensation, and other insurance carried by the
city, and to continue to make such reductions as the central insurance Yea-fund is
increased. The city manager is authorized to use his/her discretion in making such
reductions, and may reduce the amounts of some types of insurance carried by the city
or may cancel some types altogether, as he/she thinks best. ; pFev;QedweveF, the
the insi iranne resep,e fi ind! _AMG ants to $50000.00 nr MGFe
,
Section 2. This ordinance shall take effect immediately upon adoption.
PASSED ON FIRST READING
PASSED ON SECOND AND
2 Ordinance R-#E29
Attachment number 1
Page 3 of 3
FINAL READING AND ADOPTED
Approved as to form:
Paul Richard Hull
Assistant City Attorney
Frank V. Hibbard
Mayor
3
Attest:
Cynthia E. Goudeau
City Clerk
Ordinance R-#E29
Meeting Date:8/18/2008
Y 1 ,",_1
4`k ' g Work Session
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Adopt Ordinance No. 7983-08 on second reading, increasing certain fees for the use of recreation facilities by nonresidents and
modifying the formulas for charging nonresident recreation fees.
SUMMARY:
Review Approval: 1) Clerk
Cover Memo
Item # 30
Attachment number 1
Page 1 of 3
ORDINANCE NO. 7983-08
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
RELATING TO THE SCHEDULE OF FEES, RATES AND
CHARGES, AMENDING APPENDIX A, ARTICLE XI, PARKS,
BEACHES, RECREATION, TO INCREASE CERTAIN FEES FOR
USE OF FACILITIES BY NONRESIDENTS AND TO MODIFY THE
FORMULAS FOR CHARGING NONRESIDENT FEES;
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Clearwater provides recreation facilities and programs for
the residents and taxpayers of the City; and
WHEREAS, the City Council has determined that users of City recreational
facilities and programs who are not City taxpayers should pay a reasonable sum for the
use of such facilities and programs; and
WHEREAS, to be consistent and fair in the establishment of non-City taxpayer
fees, standard formulas were adopted and approved; and,
WHEREAS, the standard formulas need to be adjusted to more accurately
account for the increased cost of recreation services offered to non-residents, now,
therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CLEARWATER, FLORIDA;
Section 1. Appendix A, Schedule of Fees, Rates and Charges, is hereby
amended to read:
ARTICLE XI, PARKS, BEACHES, RECREATION:
Use of facilities by nonresidents (ch. 22):
(1) Effective June 1, 2005, nonresidents who wish to rent or use city recreation
facilities or programs may do so by paying a nonresident fee based on the
following formulas which shall be administered by the parks and recreation
director:
(a) Nonresidents.
Department O&M Budget + indirect overhead - budgeted revenue = Net
budget divided by population = subtotal
Subtotal + Capital Improvement Program recovery component + Card
processing fee x surcharge factor = Individual non-resident yearly fee
Ordinance NREMtR30
Attachment number 1
Page 2 of 3
(b) Annual nonresident family fees.
Individual nonresident yearly fees x 2.5 = Annual nonresident family fees.
(c) Options in lieu of nonresident card purchase.
1. Pay non-card holder rates for tennis, swimming, classes, and/or
admissions. (These fees will vary depending upon activity, however in no
case will they be less than or equal to card holder rates.)
In nn_cnn norinn nrnnmc ?w ih??ead?h' eyided by RGR?
omnleyee • " 1
- Dortininontc of Mini th coocnnol ronrootinnol nrnnromc
ITn?rli?iirli iol nnnrocidPPt yearly fee 4 4094
Dortininontc at IaWRbewls, shuffr?ohnorr! hnrseshnov Gluba aRd three
ac n rari
'Adiyid- ioI nonresident yearly fee x 40%
d) Surcharge factor:
Surcharae factor is established and adiusted by the citv manaaer or his or
her designee in order to address the economic climate. A current fee
schedule includina the surcharae factor shall be set out in narks and
recreation departmental policies
(2) The criteria which establish the class of city residents for the purpose of the fees
above are:
(a) Permanent residence within the incorporated boundaries of the city;
(b) Ownership of real property within the incorporated boundaries of the city, as
evidenced by the official tax rolls maintained by the county;
(c) Tourists and guests temporarily residing at properties three months or less,
within the incorporated boundaries of the city as evidenced by a motel key or
another resident member; or
(d) Persons who are employees of the city, their spouses and children who live
at home.
(3) Nonresidents who wish to rent a city recreation facility must possess a nonresident
card or pay a ten percent surcharge for the rental.
(4) In programs where rentals are charged, or where enforcement is impractical, or a
majority of the facilities used by a program are provided in a municipality other than
Clearwater, the nonresident fee is not required.
Section 2. This ordinance shall take effect on October 1, 2008.
Ordinance NREM31tR30
Attachment number 1
Page 3 of 3
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Approved as to form:
Laura Lipowski
Assistant City Attorney
Frank V. Hibbard
Mayor
Attest:
Cynthia E. Goudeau
City Clerk
Ordinance NREM31t830
Meeting Date:8/18/2008
Y 1 ,",_1
4`k ' g Work Session
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Report on Steinmart Meeting
SUMMARY:
Review Approval: 1) Clerk
Cover Memo
Item # 31
Attachment number 1
I Pa# 1 y "
S
1200 RIVERPLACE BOULEVARD • JACKSONVILLE, FL 32207-1809 • (9C4) 346-1500
August 12, 2008
Via Electronic Mail and USPS
Mr. Rod Irwin
Assistant City Manager
Clearwater City Hall
3rd Floor
112 S. Osceola Avenue
Clearwater, FL 33756
Re: Stein Mart
Clearwater, Florida
Dear Mr. Irwin:
Thank you for inviting us to discuss Stein Mart's future with the City of Clearwater. As
Hunt Hawkins, Scott Breedlove and I observed, the city has accomplished a great deal as
part of the downtown business district redevelopment. In reading about the city's future
initiatives, we were very impressed with the plans for the Beach Walk Project and the
Downtown Boat Slips and see both as ways to further enhance your city's appeal.
We have appreciated our long-tern relationship with the City of Clearwater but as
discussed, we will not be able to offer a long term solution to the city given the
immediate problem that we have with eroding sales. The diversion of downtown traffic
coupled with the downtown redevelopment has had a disastrous effect on our sales.
Macroeconomic issues aside, we attribute the bulk of our sales losses to these two issues.
As mentioned, last year Stein Mart lost $77,000 and project this year's loss to be an
additional $190,000 bringing our projected 2008 loss to just under $270,000. Stein Mart
would be willing to extend 1 year past our current expiration date of September 30, 2009
if the city would be willing to completely abate our $150,000 rent for two (2) years and to
contribute an additional $120,000 per year or $10,000 per month through September 30,
2010 to cover our losses. As you know, this will just get us back to a cash neutral
position. Assuming, that the city approves our proposal, we would ask that our
arrangement go into effect starting September 30, 2008.
Item # 31
Attachment number 1
Page 2 of 2
August 12, 2008
Page 2
Rod, given the cost to raze the building and to buy out the deli's lease, our solution may
be the most affordable short term solution. If the city's efforts to attract new businesses
downtown have a positive effect on our sales, we may be interested in extending our stay.
This scenario could be a win for both the City of Clearwater and Stein Mart.
Sincerely, v'
Kirk V. Light
Vice President - Real Estate
KL/kd
Cc: Kevin Dunbar, Clearwater Parks and Recreation
Hunt Hawkins
Scott Breedlove
File
Item # 31
Meeting Date:8/18/2008
Y 1 ,",_1
4`k ' g Work Session
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
County Inclusionary Zoning Ordinance
SUMMARY:
Review Approval: 1) Clerk
Cover Memo
Item # 32
Attachment number 1
Page 1 of 11
DRAFT
7/22/08
ORDINANCE NO.
AN ORDINANCE OF THE COUNTY OF PINELLAS ESTABLISHING A
COUNTYWIDE INCLUSIONARY HOUSING PROGRAM; PROVIDING
DEFINITIONS; DESCRIBING THE INTENT AND PURPOSE OF THE
ORDINANCE; PROVIDING APPLICABILITY; PROVIDING ALTERNATIVE
METHODS OF MEETING PROGRAM REQUIREMENTS; PROVIDING FOR
DEVELOPMENT INCENTIVES; PROVIDING FOR ADMINISTRATION;
PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE
PINELLAS COUNTY CODE; PROVIDING FOR OTHER MODIFICATIONS
THAT MAY ARISE FROM REVIEW OF THE ORDINANCE AT THE PUBLIC
HEARINGS AND WITH RESPONSIBLE AUTHORITIES; AND PROVIDING
FOR AN EFFECTIVE DATE.
WHEREAS, the Board of County Commissioners of Pinellas County is empowered under
Chapter 125, Florida Statutes, to enact ordinances for the benefit of the safety, health and
welfare of the people of the County; and
WHEREAS, the health, safety, and welfare of the present and future residents of Pinellas
County depend on the availability of a range of housing choices affordable to persons and
families of all income levels in all areas of Pinellas County; and
WHEREAS, increases in population coupled with the scarcity of developable raw land have
contributed to housing issues, including the need for affordable housing; and
WHEREAS, current development patterns have resulted in a persistent shortage of affordable
housing for moderate and low income residents; and
WHEREAS, the high cost of available housing and the short supply of affordable housing
means that many employees and residents of Pinellas County in the moderate, low income, and
very low income range cannot afford to live in Pinellas County and others can only afford to live
in limited areas concentrated according to price and income level; and
WHEREAS, the uneven distribution of affordably priced housing results in additional
stratification of housing according to price and income level; and
WHEREAS, it is in the best interests of the public health, safety, and welfare of the present and
future residents of Pinellas County to reduce such economic stratification by adopting land use
regulations that encourage development and integration of new housing for households of
various income levels; and
WHEREAS, given the need for and the shortage of affordable housing, it is reasonable and
necessary to require new housing development projects of twenty units or greater in size to
include affordable housing units; and
WHEREAS, given the loss of affordable rental units including mobile homes, and an increase in
the price of both rental and ownership housing, the Board authorized a housing nexus study to
determine the nexus, if any, between new development and its impact on the need for
affordable housing; and
Item # 32
Attachment number 1
Page 2 of 11
DRAFT
WHEREAS, the housing nexus study recommends, inter alia, inclusionary housing requirements
as a mechanism in addressing the need for affordable housing created by the development of
new market rate housing; and
WHEREAS, the Board has recognized that a mix of regulatory requirements, including land use
mechanisms such as inclusionary housing requirements and development incentives provide an
equitable method of increasing and encouraging affordable housing development; and
WHEREAS, in accordance with Florida Statutes §125.01055, notwithstanding any other
provision of law, a county may adopt and maintain in effect any law, ordinance, rule or other
measure that is adopted for the purpose of increasing the supply of affordable housing using
land use mechanisms such as inclusionary housing ordinances; and
WHEREAS, the Board has the legislative authority and discretion to determine applicability of
the requirements of this ordinance and has determined applicability as set forth herein.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF
PINELLAS COUNTY, in a meeting duly assembled this day of , 2008, that:
SECTION 1. Definitions.
The following words, terms, and phrases, when used in this Ordinance shall have the meaning
ascribed to them in this section, except where the context clearly indicates a different meaning:
(1) "adjusted for household size" means adjusted in a manner based upon a formula
established by the United States Department of Housing and Urban Development or
other such method approved by the Board.
(2) "affordable housing plan" means a plan submitted by an applicant as part of a site
development application (e.g. site plan, special exception, planned unit development,
etc.) stating and fully describing the method by which the affordable housing
requirements of the inclusionary housing program will be met.
(3) "affordable housing price" means a sales price at which income eligible households can
qualify for the purchase of affordable units. Qualification shall be based on standard
mortgage underwriting and lending guidelines.
(4) "affordable units" are housing units sold or rented to income eligible persons or
households.
(5) "agreement" or "affordable housing agreement" means the agreement between a
developer and the local jurisdiction setting forth the manner in which inclusionary
housing program requirements will be met.
(6) "amenities" means those interior features which are not essential to the health and
safety of the resident, but provide visual or aesthetic appeal, or are provided as
conveniences rather than as necessities. Amenities shall in no way include items
required by building codes or other local ordinances that are necessary to ensure the
safety of the building and its residents.
Item #Z2
Attachment number 1
Page 3 of 11
DRAFT
(7) "annual gross income" means annual income as defined in 24 Code of Federal
Regulations. part 5; annual income as reported under the census long form for the
recent available decennial census; or adjusted gross income as defined for purposes of
reporting under Internal Revenue Service Form 1040 for individual federal annual
income tax purposes; or annual income as defined by the Department of the Treasury
for Mortgage Revenue Bond programs; or other such methods approved by the Board.
Annual gross income shall be calculated by annualizing verified sources of income to be
received by all members of the household during the twelve (12) months following the
effective date of the determination.
(8) "applicant" or "developer" means any person, firm, partnership, association, joint
venture, corporation, or any entity or combination of entities which seeks local
government issued permits and approvals for a residential housing development.
(9) "Board" means the Board of County Commissioners of Pinellas County, Florida.
(10) "development agreement" means an agreement entered into between the local
government and a developer pursuant to Sections 163.3220-163.3243 Florida Statutes.
(11) "District I" means the area of Pinellas County North of Ulmerton Road.
(12) "District II" means the area of Pinellas County South of Ulmerton Road and West of 49th
Street.
(13) District III" means the area of Pinellas County South of Ulmerton Road and East of 49th
Street.
(14) "HUD" means the United States Department of Housing and Urban Development.
(15) "inclusionary housing unit" means an affordable housing unit constructed as a
component of a residential housing development or alternatively provided as specified in
an affordable housing agreement and meeting the requirements of the inclusionary
housing program.
(16) "income eligible person" or `income eligible household" means one or more natural
persons or a household that has a total annual gross household income that does not
exceed applicable affordable housing income limits based on a percentage of the
median annual income, adjusted for family size.
(17) "local jurisdiction" means the county or a municipal government within the geographical
boundaries of Pinellas County responsible for land use regulation and building code
enforcement.
(18) "market rate units" means all units in a residential housing development that are not
subject to affordable housing unit requirements as defined herein.
(19) "median annual income" or "area median income" means the median gross annual
income adjusted for household size for (a) the Tampa/St. Petersburg metropolitan
statistical area, as published annually by HUD, or Pinellas County, whichever amount is
Item 032
Attachment number 1
Page 4 of 11
DRAFT
greatest; or (b) the area within a three mile radius from the center of the development if
located in an employment center.
(20) "off-site" means outside of the boundaries of a residential housing development.
(21) "percent" means a one-hundredth part.
(22) "Pinellas housing trust fund" means a trust fund established by Pinellas County
Ordinance 06-28 to support the development and preservation of affordable housing.
(23) "program" means the Pinellas Inclusionary Housing Program as set forth herein.
(24) "program administrator" means the official, department director, employee or agent
responsible for general inclusionary housing program monitoring and oversight as
designated by the Board.
(25) "redevelopment" means development activity when it occurs on a parcel of land that
currently contains a legally permitted or legally nonconforming building, or that contained
such a structure on or after September 14, 1982. Redevelopment shall include the
reconstruction, conversion, structural alteration, relocation or enlargement of an existing
building and/or accessory uses, and may include rebuilding on vacant property where
structures have been demolished.
(26) "residential housing development" or "development" means a housing or mixed-used
development that includes residential housing, at one location or site, including all
dwelling units for which permits have been applied for or approved.
SECTION 2. Pinellas Inclusionary Housing Program.
The Pinellas Inclusionary Housing Program is created for the purpose of enhancing the public
welfare and to assure that the need for affordable housing resulting from new housing
development and redevelopment is ameliorated by production of residential units affordable to
low and moderate income households. Implementation of the program is in accordance with
Florida Statutes §125.01055.
Local jurisdictions shall adopt procedures necessary to implement the Program within one year
following adoption of this Ordinance.
SECTION 3. Applicability.
The provisions of this Ordinance shall apply to all residential housing developments, including
redevelopment projects, of twenty (20) or more dwelling units in size to be constructed in
Pinellas County. Developments shall not be segmented or phased in a manner to avoid
compliance with these provisions. Additionally, and for the purposes of this section, two or more
developments shall be aggregated and considered as one development subject to the
requirements herein if they are no more than 1/4 mile apart and any two of the following criteria
are met:
(1) The proposed developments are being developed by an applicant or entity that share or
include common owners, common principals, common partners, common officers and
common members or are mutually controlled by a common applicant(s), including
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separate corporations, companies, all partnerships, and joint ventures, or any other legal
entity. Common ownership and/or interest will be presumed where an immediate family
member of an applicant(s) owns 10 percent or more of the stock or interest in another
development falling within the purview of this section.
(2) The developments will undergo development and/or improvements within the same five
year period.
(3) A master plan exists submitted to a governmental body addressing two or more of the
developments.
SECTION 4. Requirements.
(1) A portion of an applicable residential housing development's units shall be inclusionary
housing units developed for, offered to, and leased, rented or sold to income eligible
households as follows:
a. Rental housing developments shall meet one of the following affordability
requirement options or an equivalent combination:
A minimum of five percent (5%) of the total number of units shall be
affordable to persons or households that have a total annual gross
income that does not exceed sixty percent (60%) of the median annual
income adjusted for family size.
2. A minimum of ten percent (10%) of the total number of units shall be
affordable to persons or households that have a total annual gross
income that does not exceed eighty percent (80%) of the median annual
income adjusted for family size.
3. A minimum of twenty percent (20%) of the total number of units shall be
affordable to persons or households that have a total annual gross
income that does not exceed one hundred twenty percent (120%) of the
median annual income adjusted for family size.
b. Homeowner housing developments shall meet one of the following affordability
requirement options or an equivalent combination:
A minimum of five percent (5%) of the total number of units shall be
affordable to persons or households that have a total annual gross
income that does not exceed eighty percent (80%) of the median annual
income adjusted for family size.
2. A minimum of ten percent (10%) of the total number of units shall be
affordable to persons or households that have a total annual gross
income that does not exceed one hundred twenty percent (120%) of the
median annual income adjusted for family size.
3. A minimum of twenty percent (20%) of the total number of units shall be
affordable to persons or households that have a total annual gross
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income that does not exceed one hundred fifty percent (150%) of the
median annual income adjusted for family size.
(2) Where the application of this formula results in a fraction, that fraction shall be rounded
up.
(3) All inclusionary housing units shall remain affordable for the applicable period of
affordability defined below:
a. Affordable rental units shall remain affordable for a period of no less than thirty
(30) years and enforced by a land use restriction that shall be recorded in the
public records of Pinellas County prior to the issuance of a Certificate of
Occupancy.
b. Affordable for-sale units shall remain affordable for a period of not less than
twenty (20) years and subject to resale restriction procedures defined below.
(4) Owners of rental inclusionary housing units or their agent shall certify the annual gross
income of tenants prior to initial occupancy and on an annual basis thereafter during the
period of affordability.
(5) All inclusionary housing units shall be produced before or concurrently with the market
rate units in the residential housing development. In phased projects, required
affordable housing units shall be constructed first, or provided proportionately within
each phase of the development.
(6) All inclusionary housing units shall be integrated throughout the residential housing
development and must be comparable to the market rate units in number of bedrooms,
exterior appearance and overall quality of construction. An applicant may request a
reduction in square footage and/or amenities of the inclusionary housing units, when
compared to the market rate units in the development, in an affordable housing plan.
(7) Residential housing developments which have a zoning or land use designation that
allows both single-family and multi-family developments may satisfy the affordable
housing unit requirement in both or either the single-family or multi-family portion of the
development.
SECTION 5. Affordability and resale of for-sale units.
(1) Affordability. The owner of a homeowner housing development subject to an affordable
housing agreement shall sell the inclusionary housing units only to income-eligible
persons or households.
(2) Affordability Period. All inclusionary homeowner units shall remain affordable for a period
of no less than twenty (20) years commencing on the date of sale. If a unit is sold during
the affordability period, the minimum twenty (20) year affordability period shall restart at
the time of resale. The initial sale and any subsequent sale to an income eligible
purchaser shall be subject to the recordation of documents to enforce the affordability
period and resale, requirements described in this section. Legal documents may include
an interest-bearing note, a mortgage, and a regulatory agreement or other affordability
covenant. To the extent possible, affordability and resale requirements shall be
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designed to be compatible with conventional mortgage financing programs, including
secondary market requirements.
(3) Resale Procedure. During the affordability period, resale of inclusionary homeowner
units shall be limited to buyers that meet income eligibility requirements applicable at the
time of initial sale. If the initial owner or any subsequent owner of a for-sale inclusionary
unit intends to sell the unit at a time that the unit is subject to affordability restrictions, the
owner shall notify the program administrator in writing of the intent to sell, prior to taking
steps to market the unit.
(4) Resale Price. The resale price of a homeownership inclusionary unit shall not exceed a
maximum price equal to the original purchase price, plus 3.0% of the purchase price
compounded annually, plus the value of eligible improvements, minus the value of any
deferred maintenance.
SECTION 6. Applicant Incentives.
Developments that meet the affordable housing requirements of the program by on-site
construction of inclusionary units shall be entitled to a density bonus of up to fifty percent (50%)
of what is permitted on the Future Land Use Map or Zoning Atlas, whichever is more restrictive
subject to local land development regulations and consistent with local comprehensive plan
provisions. A density bonus must be reviewed by the jurisdiction's local planning agency and
approved by the governing body of the local government where the development is located. The
number of inclusionary units required shall be calculated on the total number of units in the
development, including density bonus units, and based on the affordability percentage formula
selected per Section 4 above. (Example 1: a 20 unit ownership development plus a 50%
density bonus equals 30 units, applying the 10% affordability requirement results in an
inclusionary unit requirement of 3 units affordable to income eligible buyers below 120% of
median income; Example 2: a 20 unit rental development plus a 50% density bonus equals 30
units, applying the 5% affordability requirement results in an inclusionary unit requirement of 2
units affordable to income eligible buyers below 60% of median income).
Additional incentives provided for and defined by the applicable local jurisdiction's land
development code, affordable housing plan, or comprehensive plan may apply. Additional
incentive examples include: waivers and/or modifications of setbacks, parking and amenity
requirements, and eligible development fee reductions. An applicant may apply or seek from a
local jurisdiction any other benefits or other incentives which would assist in making the
construction of the inclusionary housing units more feasible and economically justifiable for the
applicant.
SECTION 7. Applicant Alternatives.
The intent of the program is that affordable units be included on-site as an integrated part of a
housing development. However, alternative methods of meeting program requirements may be
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proposed by an applicant in an affordable housing plan subject to approval by the local
jurisdiction. The density bonus incentive provided in Section 6 above is not applicable to
alternative methods of providing affordable units described below.
(1) An alternative affordable housing plan must meet plan submittal requirements and
criteria as established in Program rules. An alternative affordable housing plan must
establish the restraints or hardships caused by building the inclusionary units on-site and
provide an alternative method of affordable housing provision that meets or exceeds the
requirements of this Ordinance.
(2) Alternative methods of providing affordable units shall be documented in an affordable
housing agreement executed prior to the issuance of site plan approval. Alternative
methods of providing affordable units may include one or more of the following in order
of priority:
a. Off-site development of affordable housing units. An equal or greater number of
required affordable housing units constructed on another site owned or controlled
by an applicant located in Pinellas County and within the district of the subject
development. However, Applicant can seek a waiver of the same district
requirement herein from the local jurisdiction if Applicant can establish a viable
alternative site outside that district. The affordable housing units must be
constructed before or simultaneously with development of the on-site market rate
units.
b. Land in lieu. Land in lieu of construction may be accepted provided the site is
readily developable, sufficient in size, environmentally sound, located in Pinellas
County and within the same district as the subject development, and suitably
zoned, to accommodate an equal or greater number of affordable housing units
required. However, Applicant can seek a waiver of the same district requirement
herein from the local jurisdiction if Applicant can establish a viable alternative site
outside that district.
Fee in lieu. Payment of a fee in lieu of construction may be made to the local
jurisdiction. In lieu fees collected shall be deposited either into the Pinellas
housing trust fund or into a separate special revenue fund established by the
local jurisdiction and used exclusively for affordable housing projects and
programs. In lieu fees deposited in a housing trust fund shall be expended within
five years of deposit. The fee in lieu of construction for each required
inclusionary housing unit shall be based on an analysis of legally justified linkage
fees for residential developments. The total payment amount shall be calculated
based on an inclusionary unit requirement equal to 10% of the total units.
Payment of the fee shall be made in full prior to the issuance of certificates of
occupancy.
d. Equal or greater contribution. An applicant proposed contribution of equal or
greater value to the alternative requirements set forth above and found to further
the goals of this Ordinance.
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SECTION 8. Waiver.
The governing body of the local jurisdiction may grant a waiver or partial waiver of inclusionary
housing requirements if it finds an applicant has provided economic information and other
evidence necessary to demonstrate that:
(1) The new residential development does not increase the need for affordable housing. In
instances of redevelopment, applicant shall have the burden of establishing that the
proposed development is not creating a higher demand of goods and services than
already exists regardless of whether the development results in the same number of
units or households previously existing at the site of the proposed redevelopment; or
(2) Incentives provided for in Section 6 are not feasible for on-site development without the
waiver or partial waiver; and
(3) No alternative method listed in Section 7 (2) (a) - (d) can be met.
SECTION 9. Exemptions.
The following developments shall be exempt from this Ordinance:
(1) Developments of less than twenty (20) residential units;
(2) Nursing homes, assisted care living facilities, group homes, and retirement homes;
(3) Hotels and motels;
(4) School dormitories; and
(5) Structures constructed prior to the adoption of this Ordinance that have been destroyed
by fire, flood, earthquake or other act of nature, provided the reconstructed site does not
increase the number of residential units.
SECTION 10. Enforcement and Monitoring.
(1) The local jurisdiction responsible for site plan approval is designated as the enforcing
authority and may suspend or revoke any building permit or approval upon finding a
violation of any provision of this Ordinance. The provisions of this Ordinance shall apply
to all agents, successors and assigns of an applicant. No building permit or certificate of
occupancy shall be issued, nor any development approval granted, if the requirements
of this Ordinance are not met.
Prior to final site plan, plat, or building permit approval for the first residential unit on the
property subject to the requirements of this Ordinance, an affordable housing agreement
shall be entered into by the local jurisdiction and the residential housing development
owner. The agreement shall set forth the method and terms by which a residential
housing development owner shall comply with the development, sale, and rental
requirements of this Ordinance. The agreement shall further state the methodology for
determining a unit's initial and ongoing rent or sales and resale price(s), any resale
restrictions, occupancy requirements, development incentives, and other matters related
to the development and retention of the affordable housing units.
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(2) The program administrator is designated as the monitoring authority and shall be
responsible for certifying the eligibility of buyers and tenants. In the event it is
determined that inclusionary housing units required by this ordinance have been sold or
rented to a buyer or renter not meeting eligible household requirements, the monitoring
authority may take appropriate legal action to recover damages in an amount equal to
payment of in lieu fees at either the time of construction or at the time of the ineligibility
determination, whichever is greater. The fee collected by the program administrator
shall be deposited in the housing trust fund. Legal and administrative costs recovered
by the program administrator are not subject to housing trust fund deposit requirements.
(3) The monitoring authority shall have the right to inspect, at any time during normal
business hours, the books and records of the rental housing development owner as they
pertain to the income qualifications of tenants of the affordable housing units.
(4) The County shall be entitled to reimbursement of its costs, including reasonable
attorneys' fees, of enforcing the provisions of this article. By submitting an application
for a development approval requesting incentives, developers agree to pay such cost
and consent to the County's placement of a lien on the subject property in connection
with such costs.
SECTION 11. Areas Embraced and Authority
This ordinance shall be effective in the incorporated, as well as the unincorporated, areas of the
County; however, any incorporated area may elect to opt out of this ordinance by adopting an
ordinance in conflict herewith.
SECTION 12. Severability.
If any section, subsection, sentence, clause, phrase or provision of this Ordinance is for any
reason held invalid or unconstitutional by any court of competent jurisdiction, such holding shall
not be construed to render the remaining provisions of this Ordinance invalid or unconstitutional.
SECTION 13. Modifications.
Modifications that may arise from review of the Ordinance at the public hearings and with
responsible authorities.
SECTION 14. Codification.
The provisions of this Ordinance shall be included and incorporated in the Pinellas County
Code, as an addition or amendment thereto, and shall be appropriately numbered to conform to
the uniform numbering system of the Pinellas County Code.
SECTION 15. Filing of Ordinance; Effective Date.
Pursuant to Section 125.66, Florida Statutes, the Clerk of the Board shall file a certified copy of
this Ordinance with the Department of State within ten (10) days after enactment by the Board.
This Ordinance shall become effective twelve months following the date of filing of the
Ordinance with the Department of State.
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L•\PLANNING\Inclusionary Housin,-\Ordinance\DRAFT Inclusionary Housing Ordinance July_3_2008.doc
Item 4132
Meeting Date:8/18/2008
Y 1 ,",_1
4`k ' g Work Session
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Other Council Action
SUMMARY:
Review Approval: 1) Clerk
Cover Memo
Item # 33
Meeting Date:8/18/2008
Y 1 ,",_1
4`k ' g Work Session
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
2008 Legislative Session Report - Rep. Peter Nehr
SUMMARY:
Review Approval: 1) Clerk
Cover Memo
Item # 34
Meeting Date:8/18/2008
Y 1 ,",_1
4`k ' g Work Session
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Home of the Quarter, Neighborhood of the Quarter and Business of the Quarter
SUMMARY:
Review Approval: 1) Clerk
Cover Memo
Item # 35
Meeting Date:8/18/2008
Y 1 ,",_1
4`k ' g Work Session
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Veterans' Day Celebration Update - Bob Swick
SUMMARY:
Review Approval: 1) Clerk
Cover Memo
Item # 36
Meeting Date:8/18/2008
Y 1 ,",_1
4`k ' g Work Session
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Clearwater Housing Authority Presentation
SUMMARY:
Review Approval: 1) Clerk
Cover Memo
Item # 37
Meeting Date:8/18/2008
Y 1 ,",_1
4`k ' g Work Session
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Nagano Exchange Program - Margo Walbolt, Cultural Affairs Manager
SUMMARY:
Review Approval: 1) Clerk
Cover Memo
Item # 38