FLD2010-09027; 1315 CLEVELAND ST; WORKNET/COORDINATED CHILD CARE (3)FLD2010-09027
1315 CLEVELAND ST
Date Received: 9/1/2010 1:48:35 PM
Worknet/Coordinated Child Care
ZONING DISTRICT:
LAND USE:
ATLAS PAGE: 287B
PLANNER OF RECORD:
PLANNER: A. Scott Kurleman, Planner III
CDB Meeting Date: February 15, 2011
Case Numbers: FLD2010-09027
Agenda Item: D. 1.
Owner/Applicant: Nemishawn, Inc
Representative: Kevin Bessolo, Bessolo Design Group, Inc.
Addresses: 1315 Cleveland Street
CITY OF CLEARWATER
PLANNING AND DEVELOPMENT DEPARTMENT
STAFF REPORT
GENERAL INFORMATION:
REQUEST: Flexible Development application to permit a Governmental use
(WorkNet Pinellas) and SeeiabTube Sewee A geney use
(Geer- irate Child Care), in the Commercial (C) District within the
East Gateway Character District with a lot area of 91,093 square
feet, a lot width of 250 feet (along Cleveland Street), 364 feet (along
Lady Mary Drive), 363 feet (along Fredrica Drive), a front (north)
setback of 17.5 feet (to existing building), a front (west) setback of
10 feet (to existing pavement) and 83.5 feet (to existing building), a
front (east) setback of 10 feet (to existing pavement) and 85.2 feet
(to existing building), a side (south) setback of 15 feet (to existing
pavement) and 155.4 feet (to existing building), a building height of
23 feet (to midpoint of roof) and 111 parking spaces as
Comprehensive Infill Redevelopment Project under the provisions
of Community Development Code Section 2-704.C.
CURRENT ZONING: Commercial (C) District
CURRENT LAND USE
PLAN CATEGORY: Commercial General (CG)
DOWNTOWN
REDEVELOPMENT
PLAN CHARACTER
DISTRICT: East Gateway
PROPERTY USE: Current Use: Vacant
Proposed Use: Governmental Use
EXISTING North: Commercial (C) District Overnight Accommodations
SURROUNDING South: Commercial (C) District Attached Dwellings
ZONING AND USES:
East: Commercial (C) District Vehicle Service
West: Downtown (D) District Attached Dwellings
Community Development Board -February 15, 2011
FLD2010-09027 - Page 1 of 9
ANALYSIS:
Site Location and Existing Conditions:
The 2.09 acre site is located on the south side of Cleveland Street between Fredrica Drive and
Lady Mary Drive, which is located in the East Gateway Character District of Downtown. The
East Gateway is characterized by a mixed land use pattern of residential housing interspersed with
pockets of poorly maintained rental properties and outdated strip commercial. The East Gateway
struggles with a negative image of crime due to the location of problematic uses such as day labor
facilities, old motels and social service agencies that provide services to the homeless population.
This parcel was previously occupied by Aqua Clara Water Bottling and most recently as an office
use for Energy Utility Consultant's which closed in 2009 after a fire gutted the interior of the
building. The building has since been made safe with the necessary interior renovations. The site
contains an existing 12,265 square foot building and 111 parking spaces.
To the north of the subject property, across Cleveland Street, is overnight accommodations
(Regal Motel). To both the south and west are attached dwellings and to the east is vehicle
service.
Development Proposal:
On September 1, 2010, a Comprehensive Infill Redevelopment application was submitted for the
subject property. The impetus for the Comprehensive Infill Redevelopment application is the
fact that the existing pavement at both the front (west) and front (east) is setback only 10 feet
instead of 15 feet. Additionally the covered entry at the front (north) is setback only 17.5 feet
instead of 25 feet. The application proposes to establish a governmental use within the existing
12,265 square foot building. WorkNet Pinellas will occupy approximately two thirds of the
western portion of the building and Coordinated Child Care will occupy the remaining eastern
third of the building. WorkNet Pinellas develops strategies to target the needs of employers then
matches them to job seekers across the employment spectrum - from assisting those seeking
entry level positions into the workforce to cultivating workers to fill coveted high skill/high
demand positions. Coordinated Child Care provides resource and referral information for
families seeking subsidized childcare and offers services for preschoolers in child care who have
special needs.
The existing building and associated off-street parking area will remain unchanged with the
exception of the restriping of some parking spaces and a handicap walkway, ADA ramp
modifications and the addition of three doors and two windows.
As there will be no building additions or modifications to the existing site improvements, there
will be no impact upon the F.A.R., I.S.R., minimum lot area/size, maximum building height
and/or minimum setback development standards with this proposal.
UPDATE:
At its meeting of November 16, 2010, the Community Development Board (CDB) approved the
request for a continuance for this case to January 18, 2011. At the January CDB meeting the
applicant requested a continuance to the February 15, 2011 meeting to allow WorkNet Pinellas
the opportunity to host an open house. The CDB approved the request for a continuance. An
open house was held on January 21, 2011 at the WorkNet location on Barry Street.
On February 2, 2011, the applicant made a written request to delete Coordinated Child Care from
this application. Previously, WorkNet Pinellas was to occupy approximately two thirds of the
Community Development Board - February 15, 2011
FLD2010-09027 - Page 2 of 9
western portion of the building and Coordinated Child Care was to occupy the remaining eastern
third of the building. The current proposal will only include WorkNet Pinellas as a tenant who
will be occupying 8,000 square feet on the western side of the building. The appropriate reviews
and process will be followed upon securing a tenant for the remaining 4,265 square feet.
WorkNet is federally funded for the purpose of carrying out the federal Workforce Investment
Act of 1998 and the Florida Workforce Innovation Act. WorkNet Pinellas is funded by annual
appropriation through the U.S. Department of Labor and other federal agencies. In the majority
of the cases, federal monies that fund operations for WorkNet Pinellas are distributed by the
federal government to the state and then ultimately forwarded to WorkNet Pinellas, who is
defined as one of the 24 regional workforce boards located in Florida.
WorkNet Pinellas does not provide any form of mental or physical rehabilitation; counseling or
rehabilitation associated with recovery from addiction, dependency, or substance abuse; health
care service; day labor services, or disbursement of public aid. WorkNet Pinellas does not
operate a food pantry or any service intended to improve the living conditions of society.
WorkNet Pinellas will only provide services to qualified jobseekers on an appointment only
basis and there are no services or facilities available to walk-ins. WorkNet Pinellas provides two
services. One of which is to assist jobseekers with their job search through employability skills
training and job search assistance to make them more marketable in the workforce. The second
is to assist local companies and industries seeking to hire new employees with the selection and
training of a qualified workforce. The staff meets with individuals on an appointment only basis
to train people in resume writing, interviewing techniques, job search and matching assistance
and labor market information for occupations in demand.
WorkNet Pinellas will serve jobseekers that have been identified and/or assisted by other
agencies or programs. Jobseekers will be referred by one of the following agencies or programs
to WorkNet Pinellas:
¦ Trade Adjustment Assistance (TAA);
¦ Veterans;
¦ Reemployment and Emergency Assistance Coordination (REACT) Team;
¦ Persons with Disabilities;
¦ Welfare Transition Program;
¦ Non-Custodial Parent Employment Program (NCEP); and
¦ Food Stamp Employment and Training (FSET).
Clearwater Downtown Redevelopment Plan: In addition to the Clearwater Comprehensive
Plan, the Downtown Plan is the official statement of policy regarding the Downtown and in
particular with regard to the use of land and public policies. All development of land, both public
and private, undertaken within the Downtown shall be consistent with and further the goals of
the Plan.
The site is located within the East Gateway character district of the Clearwater Downtown
Redevelopment Plan. This being the case the proposal is governed by the Commercial (C)
District zoning with regard to intensity, density and setbacks while also having to be consistent
with the East Gateway Character District policies. This area is envisioned to be a vibrant, stable,
diverse neighborhood defined by its unique cultural base and mixed land uses. It will continue to
be developed as a low and medium density residential neighborhood supported with
Community Development Board - February 15, 2011
FLD2010-09027 - Page 3 of 9
neighborhood commercial and professional offices concentrated along the major corridors of
Cleveland Street, Gulf-to-Bay Boulevard, Court Street and Missouri Avenue.
Visions, Goals, Objectives and Policies: A review of the Clearwater Downtown
Redevelopment Plan was conducted and the development proposal has been determined to be
consistent with the following Visions, Goals, Objectives and Policies:
Vision: Downtown will be an integrated community with a mix of retail, residential, office
and recreational opportunities. The development of a variety of residential
projects to attract new residents to Downtown is critical to the success of a
revitalized Downtown.
Vision: The elimination of blighting conditions and the revitalization of the existing and
expanded CRA are critical to the future health of Downtown.
Goal 1: Downtown shall be a place that attracts people for living, employment and
recreation. The City shall encourage redevelopment that will attract residents
and visitors to Downtown as a recreation, entertainment and shopping
destination.
Objective IE: A variety of businesses are encouraged to relocate and expand in Downtown to
provide a stable employment center, as well as employment opportunities for
Downtown residents.
Policy 1: The design guidelines establish the quality and design features expected for
renovation, redevelopment and new construction in Downtown with which all
projects must be consistent.
East Gateway Character District Policies: The following policies governing development
within the East Gateway character district have been reviewed and have been determined to be
applicable to the development proposal:
Policy 12: Encourage the adaptive re-use of underutilized buildings in the event
redevelopment is not feasible.
Downtown Design Guidelines:
The Downtown Design Guidelines identify both appropriate and inappropriate direction with
regard to various elements associated with new construction and renovations in the Downtown.
A review of these Guidelines within the Plan was conducted and the following applicable items
were identified:
Block and Lot Characteristics: The Downtown Design Guidelines require the retention of the
existing street grid pattern where it contributes to an active pedestrian environment. All three
street frontages are being maintained with sidewalks to contribute to the pedestrian environment.
Vehicular Circulation/Access and Parking: The Downtown Design Guidelines require parking
lots to be as unobtrusive as possible and screened from view from rights-of-ways. The proposal
provides for a landscape screening on all three rights-of-way.
Landscaping: The Downtown Design Guidelines require plant species that are appropriate to the
space in which they will occupy with regard to water needs, growth rates, size, etc. in order to
Community Development Board - February 15, 2011
FLD2010-09027 - Page 4 of 9
conserve water, reduce maintenance and promote plant health. The proposal includes some
native species with appropriate maturity size to limit maintenance and conserve water.
Windows and Doors: The Downtown Design Guidelines require windows and doors that are
appropriately sized for the scale and style of the building on which they are located. As discussed
previously the only building modifications are the addition of windows and doors which have
been found to be sized for the scale and style of the existing building.
Community Development Code: A governmental use project is subject to the relevant review
criteria of (CDC) Sections 2-701.1 and 2-704.C.
Floor Area Ratio (FAR): Pursuant to the Countywide Plan Rules for the Commercial General
(CG) land use category and (CDC) Section 2-701.1, the maximum allowable FAR is 0.55. The
proposed governmental use will have a FAR of 0.13.
Impervious Surface Ratio (ISR) Pursuant to the Countywide Plan Rules for the Commercial
General (CG) land use category and CDC Section 2-701.1, the maximum allowable ISR is 0.90.
The proposed ISR is 0.74, which is consistent with the Code provisions.
Minimum Lot Area and Width: Pursuant to CDC Table 2-704, there is no minimum required lot
area or lot width for a Comprehensive Infill Redevelopment Project. However, for a point of
comparison, the minimum lot area for a governmental use is 10,000 square feet. Pursuant to the
same Table, the minimum lot width is 100 feet. The lot width along Cleveland Street is 250 feet,
the lot width along Lady Mary Drive is 364 feet and the lot width along Fredrica Drive is 363
feet all of which are consistent with the Code provisions for governmental uses.
Minimum Setbacks: Pursuant to CDC Table 2-704, there are no minimum setbacks required for a
Comprehensive Infill Redevelopment Project. However, for a point of comparison, the front
setback for governmental uses is 25 feet, the side setback is 10 feet and the rear setback is 20
feet. There is no rear setback as this parcel has three fronts. The existing building has setbacks of
a front (north) setback of 17.5 feet (to existing building), a front (west) setback of 10 feet (to
existing pavement) and 83.5 feet (to existing building), a front (east) setback of 10 feet (to existing
pavement) and 85.2 feet (to existing building), and a side (south) setback of 15 feet (to existing
pavement) and 155.4 feet (to existing building). While all the existing setbacks do not meet the
criteria of CDC Section 2-704; they are consistent with the Comprehensive Infill Redevelopment
provisions. As mentioned previously there will be no building additions or modifications to the
existing site improvements.
Maximum Building Height: Pursuant to CDC Table 2-704, there is no maximum height for a
Comprehensive Infill Redevelopment Project. However, for a point of comparison, the
maximum height for a governmental use can range from 25 - 50 feet. The height of the existing
building is 23 feet (to midpoint of roof). The proposal is consistent with this Code provision.
Minimum Off-Street Parking: Pursuant to CDC Table 2-704, the minimum required parking for
governmental uses is 4 parking spaces per 1,000 square feet of gross floor area. As such, 32
parking spaces are required for the 8,000 square feet tenant space. The site currently has 111
parking spaces. The proposal is consistent with this Code provision.
Sight Visibility Triangles: Pursuant to CDC Section 3-904.A, to minimize hazards at the
driveways, no structures or landscaping may be installed which will obstruct views at a level
Community Development Board -February 15, 2011
FLD2010-09027 - Page 5 of 9
between 30 inches above grade and eight feet above grade within 20-foot sight visibility
triangles. No structures or landscaping is proposed within the site triangles.
Solid Waste: The proposal will utilize a refuse dumpster located in the rear western area of the
parking lot. The dumpster will be screened from the right-of-way with a stucco enclosure. The
proposal has been found to be acceptable by the City's Solid Waste Department.
Landscaping: Pursuant to CDC Section 3-1202.D.1, this site is required a 15-foot wide landscape
buffer along Cleveland Street, a 10-foot wide landscape buffer along both Lady Mary Drive and
Fredrica Avenue and a south landscape buffer width of 10 feet. The existing landscaped buffer
along Cleveland Street is 17.5 wide, the buffers along both Lady Mary Drive and Fredrica
Avenue are 10 feet wide and the south landscape buffer is 15 feet wide. The proposal provides
for replacement of any declining or missing shrubs.
Pursuant to CDC Section 3-1202.E.2, foundation planting shall be provided for 100 percent of
the building fagade along a street right-of-way. A minimum five foot wide landscaped area shall
be installed along the facades and landscaped with the required trees and shrubs. The proposal
includes foundation landscaping of crape myrtles, viburnum and ground cover.
Pursuant to CDC Section 3-1202.E.1, ten percent of the vehicular use area must contain
landscape islands a minimum of 150 square feet in size. However, if the proposal includes 110
percent or more of the required parking, 12 percent of the vehicular use area must contain
landscape islands. As the applicant has provided more than 110 percent of the required parking,
14.8 percent of the vehicular use area has been proposed to be interior landscape plantings.
Code Enforcement Analysis: There are no outstanding Code Enforcement issues.
COMPLIANCE WITH STANDARDS AND CRITERIA:
The following table depicts the consistency of the development proposal with the standards and
criteria as per CDC Sections 2-701.1 and 2-704:
Standard Existing / Proposed Consistent Inconsistent
F.A.R. 0.55 0.13 X
I.S.R. 0.90 0.74 X
Minimum Lot Area 10,000 square feet 91,093 square feet x
Minimum Lot Width 100 feet 250, 363 and 364 feet x
Maximum Building Height 25 - 50 feet 23 feet (to midpoint of roof) X
Minimum Setbacks Front: 25 feet North: 17.5 feet (to building) X
17.5 feet (to pavement)
West: 83.5 feet (to building) X
10 feet (to pavement)
East: 85.2 feet (to building) X
10 feet (to pavement)
Side: 10 feet South: 155.4 feet (to building) X
15 feet (to pavement)
Minimum Off-Street Parking 4 spaces/ 1,000 sf GFA 111 parking spaces X
(32 parking spaces)
Community Development Board -February 15, 2011
FLD2010-09027 - Page 6 of 9
COMPLIANCE WITH FLEXIBILITY CRITERIA: The following table depicts the
consistency of the development proposal with the Flexibility criteria as per CDC Section 2-
704.C. (Comprehensive Infill Redevelopment Project):
Consistent Inconsistent
1. The development or redevelopment is otherwise impractical without deviations from X
the use and/or development standards set forth in this zoning district.
2. The development or redevelopment will be consistent with the goals and policies of X
the Comprehensive Plan, as well as with the general purpose, intent and basic
planning objectives of this Code, and with the intent and purpose of this zoning
district.
3. The development or redevelopment will not impede the normal and orderly X
development and improvement of surrounding properties.
4. Adjoining properties will not suffer substantial detriment as a result of the proposed X
development.
5. The proposed use shall otherwise be permitted by the underlying future land use X
category, be compatible with adjacent land uses, will not substantially alter the
essential use characteristics of the neighborhood; and shall demonstrate compliance
with one or more of the following objectives:
a. The proposed use is permitted in this zoning district as a minimum standard,
flexible standard or flexible development use;
b. The proposed use would be a significant economic contributor to the City's
economic base by diversifying the local economy or by creating jobs;
c. The development proposal accommodates the expansion or redevelopment of an
existing economic contributor;
d. The proposed use provides for the provision of affordable housing;
e. The proposed use provides for development or redevelopment in an area that is
characterized by other similar development and where a land use plan amendment
and rezoning would result in a spot land use or zoning designation; or
f. The proposed use provides for the development of a new and/or preservation of a
working waterfront use.
6. Flexibility with regard to use, lot width, required setbacks, height and off-street X
parking are justified based on demonstrated compliance with all of the following
design objectives:
a. The proposed development will not impede the normal and orderly development
and improvement of the surrounding properties for uses permitted in this zoning
district;
b. The proposed development complies with applicable design guidelines adopted
by the City;
c. The design, scale and intensity of the proposed development supports the
established or emerging character of an area;
d. In order to form a cohesive, visually interesting and attractive appearance, the
proposed development incorporates a substantial number of the following design
elements:
? Changes in horizontal building planes;
? Use of architectural details such as columns, cornices, stringcourses, pilasters,
porticos, balconies, railings, awnings, etc.;
? Variety in materials, colors and textures;
? Distinctive fenestration patterns;
? Building stepbacks; and
? Distinctive roofs forms.
e. The proposed development provides for appropriate buffers, enhanced landscape
design and anpropriate distances between buildings.
Community Development Board -February 15, 2011
FLD2010-09027 - Page 7 of 9
COMPLIANCE WITH GENERAL STANDARDS FOR LEVEL TWO APPROVALS: The
following table depicts the consistency of the overnight accommodation use with the General
Standards for Level Two Approvals as per CDC Section 3-914.A:
1. The proposed development of the land will be in harmony with the scale, bulk, X
coverage, density and character of adjacent properties in which it is located.
2. The proposed development will not hinder or discourage development and use of x
adjacent land and buildings or significantly impair the value thereof.
3. The proposed development will not adversely affect the health or safety of persons x
residing or working in the neighborhood.
4. The proposed development is designed to minimize traffic congestion. X
5. The proposed development is consistent with the community character of the X
immediate vicinity.
6. The design of the proposed development minimizes adverse effects, including x
visual. acoustic and olfactorv and hours of operation impacts on adjacent properties.
SUMMARY AND RECOMMENDATION:
The Development Review Committee (DRC) reviewed the application and supporting materials
at its meeting of October 7, 2010, and deemed the development proposal to be legally sufficient
to move forward to the Community Development Board (CDB).
Based upon the information/justification provided by the applicant, this request, which has
deleted Coordinated Child Care from the application, has been found to be consistent with the
definition of a Governmental use. The below original findings of fact, conclusions of law and
conditions of approval remain unchanged other than three additional conditions of approval.
Findings of Fact: The Planning and Development Department, having reviewed all evidence
submitted by the applicant and requirements of the Community Development Code, finds that
there is substantial competent evidence to support the following findings of fact:
1. That, the 2.09 acre site is located on the south side of Cleveland Street between Fredrica
Drive and Lady Mary Drive;
2. That the subject property is located within the Commercial (C) District and the Commercial
General (CG) Land Use Plan category;
3. That the development proposal is subject to the requirements of the Clearwater Downtown
Redevelopment Plan as the property is located within the East Gateway Character District;
4. That, the property is presently vacant;
5. The applicant, Nemishawn, Inc., proposes to establish a governmental use on the subject
property;
6. That the proposal has no impact upon the following development standards: F.A.R., I.S.R.,
minimum lot area/size, setbacks and maximum building height, as they presently exist;
7. The proposal includes 111 parking spaces; and
8. There are no outstanding Code Enforcement issues associated with the subject property.
Conclusions of Law: The Planning and Development Department, having made the above
findings of fact, reaches the following conclusions of law:
Community Development Board - February 15, 2011
FLD2010-09027 - Page 8 of 9
I . That the development proposal is consistent with the district vision of the East Gateway
Character District of the Clearwater Downtown Redevelopment Plan;
2. That the development proposal is consistent with the Standards as per Table 2-701.1 of the
Community Development Code;
3. That the development proposal is consistent with the Flexibility criteria as per Section 2-
704.C of the Community Development Code; and
4. That the development proposal is consistent with the General Standards for Level Two
Approvals as per Section 3-914.A of the Community Development Code.
Based upon the above, the Planning and Development Department recommends APPROVAL of
the Flexible Development application to permit a Governmental use (WorkNet Pinellas) and
SeeiaWPublie Ageney use (Cee,.,ainatoa Chit Care) in the Commercial (C) District within
the East Gateway Character District with a lot area of 91,093 square feet, a lot width of 250 feet
(along Cleveland Street), 364 feet (along Lady Mary Drive), 363 feet (along Fredrica Drive), a
front (north) setback of 17.5 feet (to existing building), a front (west) setback of 10 feet (to existing
pavement) and 83.5 feet (to existing building), a front (east) setback of 10 feet (to existing
pavement) and 85.2 feet (to existing building), a side (south) setback of 15 feet (to existing
pavement) and 155.4 feet (to existing building), a building height of 23 feet (to midpoint of roof)
and 111 parking spaces as Comprehensive Infill Redevelopment Project under the provisions of
Community Development Code Section 2-704.C. with the following conditions:
Conditions of Approval:
1. That, all landscaping be installed prior to the issuance of a business tax receipt;
2. That any electric and communication panels, boxes, and meters located on the exterior of the
buildings be painted the same color as the building;
3. That a building permit be obtained for the proposed windows and doors;
4. That all signage be permitted separately;
5. That all handicapped parking spaces, aisles and accessible paths be designed in accordance
with the applicable provisions of Chapter 11 of the Florida Building Code, prior to the
issuance of a building permit;
6. That no facilities or services are provided for walk-in iobseekers;
7. That no resource room is open to the public; and
8. That no services that are provided by the agencies and/or programs that refer iobseekers to
WorkNet Pinellas are performed on site.
Prepared by Planning and Development Department Staff:
A. Scott K eman, Planner III
Community Development Board -February 15, 2011
FLD2010-09027 - Page 9 of 9
A. Scott Kurleman
100 South Myrtle Avenue
Clearwater, FL 33756
727-562-4553
scott.kurleman(a?myclearwater.com
PROFESSIONAL EXPERIENCE
Planner III
City of Clearwater, Clearwater, Florida August 2008 to Present
Duties include performing the technical review and preparation of staff reports for various land
development applications, assist public customers at the Zoning Counter, the organization of data and
its display in order to track information and provide status reports and making presentations to
various City Boards and Committees.
Planner II
City of Clearwater, Clearwater, Florida June 2005 to August 2008
Duties include performing the technical review and preparation of staff reports for various land
development applications, the organization of data and its display in order to track information and
provide status reports. Assist public customers at the Zoning Counter. Review Building Permits, Sign
Permits, Business Tax Receipts, and Landscape Plans as well as Comprehensive Sign Program
Applications.
Land Resource Specialist
City of Clearwater, Clearwater, Florida June 1996 to June 2005
Coordinates with City Legal Department to initiate legal proceedings for non-compliance with City
land resource regulations. Landscape re-inspection program. Plans and directs program to ensure
that plant material installed per the approved landscape plan remains in a healthy growing condition
in perpetuity and restores deficient landscaped with new plant material. Certificate of Occupancy
Inspection. Perform inspections with contractors, owners, and City departments to monitor the
installation of required landscape material per an approved site plan. Process tree permits ensuring
that regulations governing the removal criteria are followed. Provide technical tree evaluations for
structural defects, hazards, proper pruning, and identification for trees on public and private
properties.
Account Manager
Cherry Lake Farms, IMG Enterprise, Inc. Groveland, Florida June 1993 to June 1996
Supervised and managed existing territory accounts, while handling a strategic marketing plan.
Planned and directed in-field inspection program for landscape architects, municipalities and private
corporations. Prepared technical training modules for corporate employees and customers regarding
arboricultural techniques related to trees.
Licensed Marketing Representative
Allstate Insurance Company, Clearwater, Florida June 1991 to June 1993
Field inspections of insured structures. Policy service and account maintenance.
Store Manager
William Natorp Company, Inc. Cincinnati Ohio June 1983 to June 1991
Managed a team of 20 sales people and sales associates in a landscape center. Responsible for teams
of employees including but not limited to payroll, budgeting, sales, store and equipment maintenance,
workplace safety, and advertising. Managed outdoor staff, merchandised and cared for all outdoor
products. Responsible for all indoor staff and horticultural products.
EDUCATION
GRADUATE -Certificate: Community Development, UNIVERSITY OF SOUTH FLORIDA,
TAMPA, FLORIDA. Currently pursuing.
BS in Sustainability Management, ST. PETERSBURG COLLEGE, FLORIDA.
Currently pursuing.
BA in Business Administration, ST. LEO UNIVERSITY, ST. LEO, FLORIDA.
Graduated July, 2002 Cum Laude. Major: Management
AA in Business Administration, ST. PETERSBURG COLLEGE, FLORIDA.
Graduated 1998. Major: Management.
AS in Ornamental Horticulture, OHIO STATE UNIVERSITY, WOOSTER,
Graduated 1984 Cum Laude. Major: Horticulture Technology with emphasis in
Arboriculture.
ISA, International Society of Arboriculture, Certified Arborist, FL-0414
LEED Green Associate, Currently pursuing
MOTIVATIONAL Mentor Award, December 2010
February 1, 2011
Mr. Scott Kurleman
City of Clearwater
100 S. Myrtle Ave
Clearwater, Florida 33756
Re: Application for Flexible Design (the "Application") of
Property located at 1315 Cleveland Street, Clearwater (the "Property")
Owned by Nemishawn, Inc. ("Owner")
Mr. Kurleman:
The undersigned is the authorized agent for Owner in regards to the Application
concerning the Property, which was previously submitted to your office.
Please allow this correspondence to serve as Owner's request that Coordinated Child
Care of Pinellas, one of the tenants who was originally to occupy the Property if the
Application was approved and therefore was part of the Application, be removed from
the Application and from consideration of the Application by the Community
Development Board. Owner wishes for the Application to continue with only WorkNet
of Pinellas, the other tenant who was originally to occupy the Property if the Application
was approved and who was also part of the Application, and for such Application to be
considered by the Community Development Board.
It is Owner's understanding that the Application, with only WorkNet, will still be brought
to the Community Development Board at its next meeting scheduled for February 15,
2011.
If you have any questions or comments then please do not hesitate to contact the
undersigned at 727-894-4453.
Sincerely,
[Kevin J. Bessolo
cc: Dr. Mehul Shah
Craig Little
Original Received
FEB 0 22011
Planning & Development
MAXA*n&
ENTER P R I S E S
10
January 10, 2011
Mr. Michael Delk
Planning Department
City of Clearwater
Clearwater, FL
In Re: 1315 Cleveland Street
Dear Mr. Delk:
I am writing this letter to you to express my objection to WorkNet Pinellas and
Coordinated Child Care moving into the facility at 1315 Cleveland Street.
Based on my review of both organizations and their websites, these are social service
agencies. Placing a social service agency in that location would violate Code Section 2
704 R 2.
In addition to that I have been to the Work-Net Pinellas location on Gulf to Bay, and there
is always loitering around that building, both before working hours, during, and after.
We in the Stakeholders' Advisory Group and the Business and Neighbors' Association
have worked very hard over the past three years to improve this area spending many
hours cleaning it, speaking to the police regarding vagrants, prostitutes, and drug dealers,
and making it a better place for all.
We have a vision for this area, and another social service agency does not fit in especially
in light of the fact that it is in violation of the current code.
It's my understanding that this is not going forward on January 18, 2010, and is being
postponed to the February meeting.
I am in the process of putting together some documents and will forward them to you in
time so that they can be included in the packet to the board members before the February
meeting.
Thank you,
Donna E. Maxa
Court Reporting • Videoconferencing • Mediations
1275 Cleveland Street, Clearwater, Florida 33755
Phone: (727) 441-2404 • Fax: (727) 448-0028 • e-mail: dmaxa@verizon.net • www.kurtz-maxacourtreporters.com
January 06, 2011
Mr. Michael Delk
Planning Director
City of Clearwater
Dear Mr. Delk:
This letter is being written on behalf of the Clearwater East Gateway Business and Neighbors
Association to express our heartfelt concern regarding the WorkNet Pinellas & Coordinated Child
Care's request to occupy the building located at 1315 Cleveland Street.
As a community group we are united in our effort to change the face of the East Gateway. We
believe whole-hardheartedly that the East Gateway has the potential of being a beautiful and
vibrant place to live and do business. It is, after all, the gateway leading into downtown
Clearwater, to City Hall, the Main Library, the Historic Post Office, the waterfront and boat slips.
As a neighborhood association, we have fought diligently to stamp out crime in the East Gateway
area. There have been organized Walks Against Crime. We have formed a Neighborhood Watch.
With the help of the Community Clearwater Police within the East Gateway we know that progress
is being made.
We were encouraged when the City purchased the Economy Inn and the Royal Palm Motel block.
This led us to believe that the City was really listening and understood what needed to be done to
clean up the East Gateway area.
We fear that WorkNet and Coordinated Child Care moving into the East Gateway would be a
backward step regarding the progress that has been made. Although we have no doubt that good
work is being done by these not-for-profit agencies, we have the following concerns. (1.) This
location is too near the soup kitchen and CHIPS facility (2.) East Gateway has far too high a
number of vagrants in this area (3.) The East Gateway continues to struggle with a criminal
element in our area (4.) The WorkNet and Coordinated Child Care clientele coupled with the
existing vagrant and criminal element make for a volatile combination.
I hope that you and the CDB will take all of this into consideration when making a decision
regarding this matter.
Respectfully submitted by...
?? 1 ?' L
Maryclrber
President of East Gateway Business and Neighbors Association
1234 Grove Street
Clearwater, Florida 33755
1 ? ? h.tas ,? ,?.pd,n?? 'e I ::=at ,.tm•:/?e:epeec?acatal ? 's ? --- ? -
Fe Ed: tiler'; Fa`:omes TOo!s ^elp
ACCELA AUTOMATION&
L'? Page Tools -
A
User Info CAP
Ke'vii- Nuniber er
PlanningrDaily ACCRA GIS
W
4
Clean+ater zoom
Ouicklinks
St. Petersbui
Tierra Verde
- Y'
My Navigation
?_ d of 4i = _`f
a
t}
ERR
?d (1121, C+J:i '-U
Conditions,
7E.S4?_t3 Lw 1:.3:
ZOOM
L.,,?t
OUT
Iorkilow HistEiry ;'nq
- CaS S_Oi32d rt5 _-
:5tid:: t*rtif [:SSId3 itr1
15 ;.
PAII
se_nddr.e s. cs
e c
um l f e,. c.
- Preference
- Submit Reset
SEE
= Preference cI
Default Giodule
°lannina v.
Yap: 247 Z5 , 1320-:89,16 fndar.': 350 , -432
Trusted sites *? 100% - --
WORKNET PINELLAS
Narrative for Use of Property at 1315 Cleveland Street
WorkNet Pinellas is a governmental use funded by annual appropriation through
the U.S. Department of Labor and other federal agencies. WorkNet Pinellas was
established, in part, for the purpose of carrying out the federal Workforce Investment
Act of 1998 and the Florida Workforce Innovation Act. In the majority of cases, federal
monies that fund operations for WorkNet Pinellas aye distributed by the federal
government to the state and then ultimately forwarded to WorkNet Pinellas, who is
defined as one of 24 regional workforce boards located in Florida.
WorkNet Pinellas has two primary purposes: 1) to assist jobseekers with their job
search through employability skills training and job search assistance to make them
more marketable in the workplace (similar to other private sector employment agencies
such as Randstad, Snelling and Snelling, and Kelly Services); and 2) to assist local
companies/industries seeking to hire new employees with the selection and training of a
qualified workforce. WorkNet Pinellas staff meets with individuals on an appointment-
only basis to train in resume preparation, interviewing techniques, and dress for
success; and provides job search and matching assistance, and labor market
information for occupations in demand.
WorkNet Pinellas does not provide any social services. It does not provide any
form of mental or physical rehabilitation; counseling or rehabilitation associated with
recovery from addiction, dependency, or substance abuse; health care services; day
labor services, or disbursement of public aid. WorkNet Pinellas does not operate a food
pantry, clothing center, or any other type of service intended to improve the living
conditions of persons requiring basic needs. Because WorkNet Pinellas only provides
services to qualified jobseekers on an appointment only basis, there are no services or
facilities available to walk-ins. WorkNet Pinellas will not have a resource room open to
the public at the Cleveland Street Workforce Center. .
Qualified jobseekers who will be served at the Cleveland Street Workforce
Center are those persons who have been identified and/or assisted by other agencies
and/or programs listed on WorkNet Pinellas' website. Jobseekers fall within one of the
following categories:
1. Food Stamp Employment and' Training (FSET). Qualified jobseekers who
qualify for food stamps from those agencies assigned to administer this form of
public assistance are provided with employability skills training, career
consultation/exploration, job referrals/listing and labor market information (LMI)
that will enhance the jobseeker's ability in obtaining employment. WorkNet
Pinellas' sole function is to assist the jobseeker with their job search. WorkNet
Pinellas does not determine FSET eligibility nor disburse food stamps.
2. Non-Custodial Parent Employment Program (NCEP). Qualified jobseekers
who do not live with their children, are unemployed or under-employed, and must
pay child support are provided employability skills training, career
consultation/exploration, job referrals/listing and labor market information (LMI)
including jobs/occupations in demand.
3. Persons with Disabilities. Qualified jobseekers with disabilities are provided
employability skills training, career consultation/exploration, job referrals/listing
and labor market information (LMI) including jobs/occupations in demand.
4. Veterans. Veterans who have served in the armed services are provided
employability skills training, career consultation/exploration, job referrals/listing
and provide labor market information (LMI) including jobs in demand.
5. Welfare Transition Program. Qualified jobseekers who qualify for cash
assistance from those agencies assigned to administer this form of public
assistance are provided employability skills training, career
consultation/exploration, job referrals/listing and labor market information (LMI)
including jobs/occupations in demand. WorkNet Pinellas' sole function is to
assist the job seeker with their job search. WorkNet Pinellas does not determine
eligibility nor provide cash assistance.
6. Reemployment and Emergency Assistance Coordination (REACT) Team.
Employees of companies that about to be temporarily or permanently laid off due
to business closing or mass lay offs are provided employability skills training,
career consultation/exploration, job referrals/listing and provide labor market
information (LMI) including jobs/occupations in demand so that the affected
employees may transition to a new job without a lapse in employment.
7. Trade Adjustment Assistance (TAA). Qualified jobseekers laid off as a result
of increased imports or the outsourcing/relocation of production facilities outside
of the United States are provided employability skills training, career
consultation/exploration, job referrals/listing and provide labor market information
(LMI) including jobs/occupations in demand.
WorkNet Pinellas is sensitive to the concerns of property owners in the East
Gateway District and wants to partner with these property owners to remedy the
problems that exist within the neighborhood. WorkNet Pinellas plans to take
possession of a portion of an unoccupied property that presently attracts vagrants and
does not contribute in a positive manner to the district, and improve the building and site
with new landscaping and upgraded facilities. Occupation of the building by WorkNet
Pinellas will help to eliminate the nuisances currently taking place at the property.
2
TISTrenam Kemker
ATTORNEYS
December 20, 2010
Michael L. Delk, AICP
Planning and Development Director
City of Clearwater
P.O. Box 4748
Clearwater, FL 33758-4748
RE: WorkNet Pinellas
Proposed Relocation to 1315 Cleveland Street
Clarification of Proposed Use
Dear Mr. Delk:
flL_DEC,2 Z do
PLANNING & DEVELOPMENT
SERVICES
CITY OF CLEARWATER
This letter will serve as clarification of the activities proposed by WorkNet Pinellas, Inc.
(hereinafter "WorkNet") at 1315 Cleveland Street. Further, it will serve as evidence that
WorkNet is not a social service agency as defined in Clearwater's municipal code. Please
provide a copy of this letter to members of the CDB so they may have it in advance of the
January, 2011 meeting.
WorkNet is a federally funded nonprofit corporation created, in part, for the purpose of
carrying out the federal Workforce Investment Act of 1998 and the Florida Workforce
Innovation Act. Federal monies that fund operations for WorkNet are distributed by the federal
government to the state and then ultimately forwarded to WorkNet Pinellas, who is defined as
one of 24 regional workforce boards located in Florida. For this reason, and as required by
federal and state statute, there is an interlocal agreement (the "Agreement") between Pinellas
County and WorkNet establishing the terms and obligations of each party. A copy of the
Agreement is attached to this letter.
WorkNet does not satisfy the definition of "social service agency" as set forth in the
Clearwater Development Code (the "Code"). Specifically, the Code defines a social service
agency as follows:
Social/ public service agency means a nonprofit organization whose primary
purpose is to enhance the social welfare and improve the living conditions of
society. Such uses include but are not limited to food pantries, counseling centers,
rehabilitation clinics, etc. This does not include residential uses such as
community residential homes, ha46vay houses, residential shelters, etc.
101 E. Kennedy Boulevard, Suite 2700 200 Central Avenue, Suite 1600
Tampa, Florida 33602 St. Petersburg, Florida 33701
Tel: (813) 223-7474 Tel: (727) 896-7171
Fax: (813) 229-6553 www.trenam.com Fax: (727) 822-8048
WorkNet does not engage in activities or services intended to enhance the social welfare
or improve the living conditions of society. Rather, WorkNet's primary purpose is to improve
the economic status of jobseekers by providing individuals with employability skills training and
job search assistance making them more marketable in the workplace. Specifically, WorkNet
meets with individuals on an appointment-only basis to train in resume preparation, interviewing
techniques, and dress for success; and provides job search and matching assistance, and labor
market information for occupations in demand.
WorkNet does not provide any social services. It does not provide any form of mental or
physical rehabilitation; counseling or rehabilitation associated with recovery from addiction,
dependency, or substance abuse; health care services; day labor services, or disbursement of
public aid. WorkNet does not operate a food pantry, clothing center, or any other type of service
intended to improve the living conditions of persons requiring basic needs.
There have been allegations that WorkNet is a social service agency because some of its
clients may be homeless. This type of allegation has no merit as a matter of law. The
determination of land use is not based upon the people who may visit a particular land use, but
rather, is based upon the activity that is conducted on the property. The definition of
"social/public service agency" does not address the type of client a use may have, but rather
focuses on the services provided to clients. It is irrelevant if the clients are homeless or have a
home. Homeless individuals are welcomed to visit any business or other use just the same as
people who have homes. To treat a business or organization differently solely on the residency
of its clients is discriminatory and without any rational basis. It is clear that the Code does not
detennine a use based upon its clients, but rather, distinguishes uses based upon the activity, the
services provided, and the impacts associated with the uses provided.
The City has chosen to designate WorkNet as a governmental use because it is funded by
federal monies and exists for the purpose of implementing federal and state laws. However,
even if it was detennined that WorkNet was not a governmental use; it could simply be
designated as an office. It is no different that any other office use that cater to individuals who
visit by appointment. WorkNet is no different than other employment service or recruiting
agency, such as Snelling and Snelling or Kelly Services, which trains individuals to improve the
basic skills needed to compete for job opportunities and job placements.
WorkNet will be a welcome addition to the East Gateway district of Clearwater.
WorkNet will take possession of an unoccupied property that presently attracts vagrants and does
not contribute in a positive manner to the district, and improve the building and site with new
landscaping and upgraded facilities. Occupation of the building by WorkNet will eliminate the
nuisances currently taking place at the property.
WorkNet expects that you will review this supplemental information with your city
attorney in advance of the CDB meeting so that the question about use can be put to rest..
Accordingly, we seek a determination on the question that can be presented by staff to the CDB.
Further, upon your determination, we request a meeting with the City Manager and your city
attorney to discuss this issue in advance of the CDB meeting. The courtesy of a response is
requested.
2
Sincerely,
ibhn R. Hixenbaugh, AICP
Attorney
PC: Michele Pineda, Director of Planning and Development, WorkNet Pinellas, Inc.
Bill Horne, City Manager
Leslie Dougall-Sides, Assistant City Attorney
Final version - response to city-
5148299vl
INTERLOCAL AGREEMENT
between
PINELLAS COUNTY, FLORIDA
and
WORKNET PINELLAS, INC.
This Agreement is made and entered into as of thew day of -&-P4-c -% 6,e c L
2005 ("Effective Date") by and between Pinellas County, a political subdivision of the State of
Florida, hereinafter referred to as the "County", and WorkNet Pinellas, Inc., a Florida nonprofit
corporation, in its capacity as the Region 14 workforce board created and existing under Chapter
445, Florida Statutes, hereinafter referred to as "WorkNet".
WITNESSETH:
WHEREAS, the Workforce Investment Act of 1998, Public Law 105-220 ("WIA")
authorizes expenditures of federal funds for workforce development programs in areas of the
state designated by the Governor as a Workforce Development Region; and
WHEREAS, Chapter 445, Florida Statutes, "the Workforce Innovation Act of 2000"
("Workforce Innovation Act") further delineates the roles and responsibilities of all parties in the
expenditure of federal funds for workforce development programs in such designated areas; and
WHEREAS, Pinellas County, Florida has been designated by the Governor of the State
of Florida as a Workforce Development Region; and
WHEREAS, the WIA and Workforce Innovation Act require. the chief local elected
officials of each designated Workforce Development Region to establish a regional workforce
development board, and
WHEREAS, WorkNet has requested and received certification as the Region 14
Workforce Development Board by Workforce Florida., Inc., the State of Florida Workforce
Development Board; and
Page 1 of 14
WHEREAS, the County and WorkNet previously entered into an Interlocal Agreement
dated June 18, 2004 defining their respective duties and responsibilities ("Original Interlocal" );
and
WHEREAS, the County and WorkNet desire to revise the terms of the Original
Interlocal to define the scope of their relationship and their respective duties and responsibilities
for the administration and operation of workforce programs within the Region 14 Workforce
Region, as provided herein.
NOW THEREFORE, IN CONSIDERATION OF THE ABOVE AND THE
MUTUAL COVENANTS HEREIN, THE PARTIES HERETO AGREE AS FOLLOWS:
1. Purpose:
The purpose of this agreement is to establish and maintain a partnership to carry out the
requirements of the WIA, the Personal Responsibility and Work Opportunity Reconciliation Act
of 1996 (Public Law 104-193), Workforce Innovation Act, applicable federal, state and local
regulations including OMB circulars and future state and federal workforce initiatives and laws
(together the "Acts").
2. Development of the Two Year Workforce Investment Act Plan:
Pursuant to the WIA and in accordance with the requirements established by the
Governor of the State of Florida, WorkNet shall develop the Two Year Workforce Investment
Act Plan and other plans, as required, and shall present said plans to the County for zeview and
approval. Upon approval and execution of the plans by the -County when required by the Acts,
acting through the County Commission, or its designees, the plans will be submitted -to the
proper funding authorities by WorkNet.
Page 2 of 14
3 Duties and Responsibilities of WorkNet:
The County hereby designates WorkNet as the local subgrant recipient and local fiscal
agent for all WIA and workforce development programs operating within the Region 14
Workforce Region (the "Program"). In that capacity, WorkNet shall act as its own
administrative entity, and be responsible for all Program activities as required by the Acts,
including and/or subject to the following:
A. WorkNet shall employ personnel to carry out the effective and efficient operation
of the Program and to provide necessary technical assistance to WorkNet, acting in partnership
with the County as provided herein;
B. WorkNet shall organize and train such staff as necessary to conduct the functions
and operations of WorkNet as provided herein;
C. WorkNet, through the actions of said personnel, as authorized, approved or
directed by the WorkNet Board of Directors, shall:
1. Prepare planning documents required by applicable state and federal law
and, after any required approval by the County, submit them to the
appropriate funding authorities for approval;
2. Prepare and submit for approval by the County, an annual budget for the
proper expenditure of all funds allocated to WorkNet;
3. Direct the receipt and expenditure of funds in accordance with the Acts,
this Agreement, approved local plans and budget, and/or all applicable
Federal, State or Local Laws;
4. Execute contracts, subgrants and other agreements necessary to carry out
the programs authorized by the Acts, including making the designation of
the One Stop Operator, selecting and designating youth service providers,
identifying eligible providers of adult and dislocated worker intensive and
training services, and maintaining a list of those providers with
performance and cost information;
5. Reach agreement with the Governor on local performance measures;
Page 3 of 14
6. Recommend policy and develop program procedures for program
management, planning, operation, evaluation and other necessary
functions;
7. Evaluate program performance and determine whether there is a need to
reallocate program resources and to modify the grant agreement with the
State of Florida;
8. Establish and maintain such committees as determined by the WorkNet
Board of Directors;
9. Establish and maintain in force agreements with each of the required
local One Stop Partner agencies;
10. As the fiscal agent, collect, account for, invest and expend Program
income generated by Program activities pursuant to the Acts and State of
Florida requirements and approved WorkNet bylaws, procurement
policies, finance and accounting policies and cash management policies;
11. Conduct oversight with respect to activities, programs and expenditures
under WIA and such other federal programs that assign responsibility for
oversight over programs, activities and expenditures. Oversight shall
include monitoring related to administrative costs, duplicated services,
career counseling, economic development, equal access, compliance and
accountability, and performance outcomes.
12. Enforce all agreements and take action against any subrecipient or vendor
for abuse in the programs in order to protect the funds and the integrity of
the program, subject to final approval or ratification by the Audit
Committee and the WorkNet Board of Directors;
13. Assist the Governor in establishing the Statewide Employment Statistics
system;
14. Coordinate workforce investment activities with economic development
strategies and developing employer linkages;
15. Promote private sector involvement in the statewide workforce investment
system through effective brokering, connecting and coaching activities
through intermediaries in the local area or through other organizations to
assist employers in meeting hiring needs;
16. Develop and administer a system to hear and resolve all grievances or
complaints filed by participants, subcontractors or other interested parties
as required by the Acts, Regulations or State Laws, subject to approval by
the County.
Page 4 of 14
17. Perform any other functions as necessary or appropriate to meet its
responsibility for the operation of the Program;
D. WorkNet shall have authority to seek, compete for and secure other sources of
funding consistent with and in accordance with its purpose and for such other purposes as
WorkNet may deem appropriate and necessary.
E. WorkNet shall perform or cause to have performed internal audits and monitoring
of all funds as required by the Acts and in accordance with the provisions of paragraph 6(c)
herein; shall satisfactorily resolve any questions or problems arising from said audits and
monitoring; and present audit and monitoring findings directly to the Audit Committee.
F. WorkNet shall adopt such procedures to ensure compliance with applicable
conflict of interest and public meetings laws. Members of the WorkNet Board of Directors shall
ensure there is no conflict of interest in the actions of the WorkNet Board or its members with
respect to all activities by complying with all disclosure, conflict of interest statutes, and other
regulations and guidelines, as well as complying with all public meeting requirements,
notifications and restrictions as prescribed by law.
G. In -order to exercise its independent Program oversight, WorkNet shall not be a
direct provider of any participant services.
H. WorkNet shall promote and solicit participation by the business community in the
Program in order to maximize services to eligible residents of the area.
I. WorkNet shall collect or have collected appropriate labor market information to
determine business and industry needs for specific job categories in Pinellas County.
J. WorkNet shall approve, in conjunction with the County, all plans as may be
required under the Wagner Peyser (employment services). Act.
Page 5 of 14
K. WorkNet shall exert every reasonable and necessary effort to resolve
disagreements between WorkNet and the County.
L. WorkNet shall comply with all the filing and other requirements mandated by the
Florida not-for-profit corporation statutes, and applicable IRS regulations and filings.
M. WorkNet shall complete and submit all assurances and certifications as required
by the funding sources.
4. Duties and Responsibilities of the County:
The Board of County Commissioners is designated as the Chief Elected Official under
the WIA, and in the capacity as the local grant recipient shall have the following duties and
responsibilities:
A. Appoint and reappoint members to the WorkNet Board of Directors in a timely
manner so as to maintain the minimum number of members required by WorkNet's bylaws and
as provided in the WIA.
B. Consult from time to time on a continuing basis with WorkNet as either parry
requests.
C. Exercise approval authority, which will not be unreasonably withheld over the
budget adopted by WorkNet.
D. Provide such Program oversight to ensure the effective and efficient delivery of
all services as provided for in accordance with this Agreement, WorkNet's approved plans, and
as defined in the WIA.
E. Review, make recommendations, and approve, in its reasonable discretion,
all plans as may be required under the Wagner Peyser Act.
Page 6 of 14
F. Take prompt corrective action as it determines appropriate in its reasonable
discretion when necessary to comply with the Acts, or to assure that performance standards are
met.
G. Ensure, in accordance with the plans and any other agreements with WorkNet,
that adequate administration and management is provided for all funds and programs handled by
WorkNet including, but not limited to, such activities as receipts and disbursement of funds,
monitoring, evaluation and contracting.
H. Exert every necessary and reasonable effort to resolve disagreements between
WorkNet and the County.
1. Appoint one of its members (a County Commissioner) to serve as a member of,
and Second Vice-Chair, of the WorkNet Board of Directors.
6, Financial ResponsilsilitY for the Program:
As Provided in the WIA, the Board of County Commissioners of the County, as the Chief
Elected Official, is not relieved of the liability for the misuse of grant funds by the designation of
WorlcNet as subgrantee and fiscal agent as provided herein, as authorized by the WIA., and
WorkNet agrees to the following, in order to provide assurances to and protection for the Chief
Elected Official as to sound fiscal management of the Program in compliance with the Acts:
A. Indemnification. Unless determined to be contrary to applicable law, WorkNet
shall indemnify, pay the cost of defense, including attorneys' fees, and hold harmless the County,
its -off cials and employees from all suits, actions or claims of any character brought on account
of-any injuries or damages received or sustained by any person, persons or property by or from
WorkNet, its agents or employees; or by,. or in consequence of any act or omission, neglect or
misconduct in the performance of this Agreement; or on account of any act or omission, neglect
Page 7 of 14
or misconduct of WorkNet, its agents or employees.; or by, or on account of, any claim or
amounts recovered under the "Workers' Compensation Law" or of any other laws, by-laws,
ordinance, order or decree, except only such injury or damage as shall have been occasioned by
the sole negligence of the County.
B. Insurance and Bond Requirements.
WorkNet shall provide and comply with the insurance and bond requirements attached
hereto and incorporated by reference herein as Exhibit A.
C. Audit Committee. An Audit Committee shall be established consisting of
representatives of WorkNet and Pinellas County. The Audit Committee shall be responsible for
(i) arranging and procuring the annual audit of any and all programs operated by WorkNet in
compliance with OMB circular A-133, including selection of the audit firm and approving
annual audit plans; (ii) arranging and procuring performance audits as determined by the Audit
Committee; (iii) conducting monitoring of activities, programs and expenditures under the WIA
and such other programs of WorkNet as determined by the Audit Committee; and (iv)
completing such other interim or annual reviews and reports, whether conducted by an audit
firm, entities expert in evaluation and/or monitoring of programs of WorkNet, or County staff, as
determined by the Audit Committee. The Audit Committee shall consist of the County
Commissioner serving as Second Vice Chair on the WorkNet Board, an Assistant County
Administrator, one at large county staff person, WorkNet's Finance Committee Chair, and
WorkNet's Executive Director. The County Administrator will select the Assistant County
Administrator and the at-large county staff person to serve on the committee. WorlcNet's
Finance Director shall serve- as staff to A he Audit Committee. WorkNet shall be solely
Page 8 of 14
responsible for all costs, fees or expenses incurred in conducting any audits, reviews or
monitoring required by the Audit Committee.
D. Disallowed Cost Liability. In the event WorkNet is found responsible for any
disallowed costs, through whatever means, WorkNet and the County will mutually work to
resolve all such disallowed costs. In the event that repayment of funds is demanded by the
funding source, WorkNet will have first responsibility for repayment, through its insurance,
bonds, grant or nongrant funds as allowed by the Acts. If WorkNet's insurance, bonds, grant or
nongrant funds are insufficient for the demanded repayment, then any repayment obligation shall
be determined as provided by the Acts.
E. Additional Financial Assurances. During the term hereof, in addition to any other
remedies provided by law, the Acts, or in this Agreement, in the event the County reasonably
determines that additional financial or performance assurances are necessary to protect the
interests of the County, as the Chief Elected Official, after written notice to WorkNet, the County
may: (i) require WorkNet to withhold payments from its designated one stop operator(s) or
service providers; (ii) require that all contracts, and payments thereon, provide for the retainage
of a portion of payments due; (iii) make any appearances in any proceedings or conduct any
reviews or examinations the County reasonably deems necessary; or (iv) post such security, as
the County reasonably deems necessary, for the performance of any obligations as provided in
the Acts or this Agreement.
7. Term and Termination:
A. Term. The term of this Agreement-shall c_onvnence on the Effective Date or the
filing of this Interlocal Agreement as provided in paragraph 12 herein, whichever occurs last, and
Page 9 of 14
continue through June 30, 2007, unless otherwise terminated as provided herein. Thereafter, this
Agreement shall automatically renew for additional one year terms commencing on July 1 and
ending in June 30, unless either party provides written notice of its intent not to renew on or
before March 1 of any extension period.
B. Termination for Convenience. Either Party may terminate this Agreement,
without cause, by giving one hundred fifty (150) days prior written notice of the termination
hereof pursuant to this provision.
C. Termination on Default.
l . Each of the following shall constitute an Event of Default:
(a) The failure or refusal by either party to substantially fulfill any of
its obligations in accordance with this Agreement, provided, however, that
no such default shall constitute an Event of Default unless and until the
nondefaulting party has given prior written notice specifying that a default
or defaults exist which will, unless corrected, constitute a material breach
of this Agreement, and the defaulting party has either corrected such
default or has not cured the defaults, as determined by the nondefaulting
party to correct the same within thirty (30) days from the date of such
notice;
(b) the written admission by WorkNet that it is bankrupt, or the filing
by a voluntary petition as- such under the Federal Bankruptcy Act, or the
consent by WorkNet to-the appointment-by a court of a receiver or trustee
or the making by Contractor of any arrangement with or for the benefit of
its creditors involving an assignment to a trustee, receiver or similar
Page 10 of 14
fiduciary regardless of how designated, of all or a substantial portion of
Contractor's property or business, or the dissolution or revocation of
WorkNet's corporate charter.
2. Upon the occurrence of an Event of Default, the nondefaulting party shall
have the right to immediately terminate this Agreement upon written notice to the
party in default.
D. Fiscal Nonfunding. In the event that sufficient budgeted funds are not available
for a new fiscal period, the County shall notify WorkNet of such occurrence and the Agreement
shall terminate on the last day of the current fiscal period without penalty or expense to the
County.
8. Notice:
Except as otherwise provided in this Agreement, any notice required or permitted to be
given hereunder shall be delivered personally or sent by mail with postage pre-paid to the
following addresses or to such other places as may be designated by the parties hereto from time
to time.
For WorkNet:
Ed Peachey
Executive Director
4525 140th Avenue N., Suite 906
Clearwater, FL 33762
9. Merger:
For the County:
Stephen M. Spratt
County Administrator
315 Court Street - 6th Floor
Clearwater, FL 33756
It is understood and agreed that the entire Agreement between the parties is contained
herein and that this Agreement supersedes any and all oral agreements and/or negotiations
between the parties relating to the subject matter thereof. All items referred to in this Agreement
are incorporated or attached and deemed to be a part of this Agreement.
Page 11 of 14
10. Modification:
This Agreement may be modified by the mutual consent of the parties thereto, in any
lawful manner and consistent with the Acts, Regulations or any rule promulgated thereto.
11. Resolution of Disagreements:
A. To facilitate the timely and effective resolution of any controversy or dispute that
may rise under this Agreement, the Chairman of WorkNet and the County Administrator shall
undertake negotiations to resolve the matter. To the extent the controversy or dispute cannot, after
good faith effort, be resolved either party may refer the matter to non-binding mediation to be held
within Pinellas County, Florida. The dispute will be mediated by a mediator chosen jointly by
WorkNet and County within thirty (30) days after written notice demanding non-binding mediation
by either party. Neither party may unreasonably withhold consent to the selection of a mediator, and
WorkNet and County will share the cost of the mediation equally. The parties may also, by mutual
agreement, replace mediation with some other form of non-binding alternate dispute resolution
("ADR") procedure.
B. In the event that any claim, dispute or demand cannot be resolved between the parties
through negotiation or mediation as provided herein within 60 days after the date of the initial
demand for non-binding mediation, then either party may pursue any remedies as provided by law.
12. Independence of Terms:
In the event any terms or provisions of this Agreement or the application to any of the
parties hereto, person or circumstance shall, to any extent, be held invalid or unenforceable, the
remainder of this Agreement, or the application of such terms or provision to the parties hereto,
persons or circumstances other than those as to which it held ivalid or unenforceable, shall not
Page 12 of 14
be affected thereby and every other term and provision of this Agreement shall be valid and
enforced to the fullest extent permitted by the Acts.
13. Filing of Agreement:
This Agreement shall be filed with the Clerk of the Circuit Court as required by Sec.
163.01(11) Florida Statutes.
14. Termination of Original Interlocal:
This Agreement supersedes all prior agreements between the parties, and said prior
agreements, including the Original Interlocal between the parties are hereby terminated.
<SIGNATURE PAGE FOLLOWS>
Page 13 of 14
WORKNET PINELLAS, INC.
By:
PINELLAS COUNTY, a political
subdivision of the State of Florida, by and
through its Board of County Commissioners
By:
L V &U444A-
C
ATTEST:
KEN BURKE
By:
Deputy Clerk
PPROVED AS TO FORM
SUBJECT TO PROPER EXECUTION:
OFFICE OF THE COUNTY ATTORNEY
APPROVED AS TO FORM:
OFFICE OF THE COUNTY ATTORNEY
Page 14 of 14
EXHIBIT A
INSURANCE AND BOND REQUIREMENTS
1. INSURANCE REQUIREMENTS:
A. Prior to the Effective Date, WorkNet shall procure, pay for and maintain at least
the following insurance coverages and limits. Said insurance shall be evidenced
by delivery to the County of (1) certificates of insurance executed by the insurers
listing coverages and limits, expiration dates and terms of policies and all
endorsements whether or not required by the County, and listing all carriers
issuing said policies; and (2) upon request a certified copy of each policy,
including all endorsements. The insurance requirements shall remain in effect
throughout the term of this Agreement. In addition, the County reserves the right
to request physical evidence of this coverage by requesting the policy declaration
page.
(1) Worker's Compensation in at least the limits as required by law;
Employers' Liability Insurance of not less than $100,000 for each
accident.
(2) Comprehensive General Liability Insurance including, but not limited to,
Independent, Contractor, Contractual, Premises/Operations,
Products/Completed Operation and Personal Injury covering the liability
assumed under indemnification provisions of this Contract, with limits of
liability for personal injury and/or bodily injury, including death, of not
less than $1,000,000, each occurrence; and property damage of not less
than $100,000, each occurrence. (Combined Single Limits of not less than
$1,000,000, each occurrence, will be acceptable unless otherwise stated).
Coverage shall be on an "occurrence" basis, and the policy shall include
Broad Form Property Damage coverage, and Fire Legal Liability of not
less than $50,000 per occurrence, unless otherwise stated by exception
herein.
(3) Comprehensive Automobile and Truck liability insurance covering owned,
hired and non-owned vehicles with minimum limits of $1,000,000 each
occurrence, for bodily injury- including death, and property damage of not
less than $100,000, each occurrence. (Combined Single Limits of not- less
than $1,000,000, each occurrence, will be- -acceptable unless otherwise
stated). Coverage shall be on an "occurrence" basis, such insurance to
include coverage for loading and-unloading hazards.
Page 1 of 2
(4) Directors and Officers Liability Insurance with minimum limits as
annually approved by the County.
B. Each insurance policy shall include the following conditions by endorsement to
the policy:
(1) Each policy shall require that thirty (30) days prior to expiration,
cancellation, non-renewal or any material change in coverages or limits, a
notice thereof shall be given to County by certified mail to: Pinellas
County Purchasing Department, 400 S. Ft. Harrison Avenue, 6th Floor,
Clearwater, Florida 33756. Contractor shall also notify County, in a like
manner, within twenty-four (24) hours after receipt, of any notices of
expiration, cancellation, non-renewal or material change in coverage
received by said Contractor from its insurer; and nothing contained herein
shall absolve Contractor of this requirement to provide notice.
(2) Companies issuing the insurance policy, or policies, shall have no recourse
against County for payment of premiums or assessments for any
deductibles which all are at the sole responsibility and risk of Contractor.
(3) The term "County" or "Pinellas County" shall include all Authorities,
Boards, Bureaus, Commissions, Divisions, Departments and offices of
County and individual members, employees thereof in their official
capacities, and/or while acting on behalf of Pinellas County.
(4) Pinellas County Board of County Commissioners shall be endorsed to the
required policy or policies as an additional insured.
(5) The policy clause "Other Insurance" shall not apply to any insurance
coverage currently held by County to any such future coverage, or to
County's Self-Insured Retentions of whatever nature.
II BOND REQUIREMENTS:
A. Prior to the Effective Date, WorkNet shall procure, pay for and maintain Fidelity
Bonds in amounts as annually approved by the County with a surety approved by
the County covering all officers and employees of WorkNet with bank account
signature authority against losses caused by officer/employee dishonesty or for any
dishonesty in which an officer/employee is implicated.
F:\USERS\ATTMTYKB07\WPDOCS\AGREEMENTS\Exhibit B - I-L Agent Pin Co & WorkNet-05-04-04.dr"doc
Rev. 5-28-04
Page 2of2