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10/20/2011City Council Agenda Location: Council Chambers -City Hall Date: 10/20/2011-6:00 PM Welcome. We are glad to have you join us. If you wish to speak, please wait to be recognized, then state your name and address. Persons speaking before the City Council shall be limited to three (3) minutes unless otherwise noted under Public Hearings. For other than Citizens to be heard regarding items not on the Agenda, a spokesperson for a group may speak for three (3) minutes plus an additional minute for each person in the audience that waives their right to speak, up to a maximum of ten (10) minutes. Prior to the item being presented, please obtain the needed form to designate a spokesperson from the City Clerk (right-hand side of dais). Up to thirty minutes of public comment will be allowed for an agenda item. No person shall speak more than once on the same subject unless granted permission by the City Council. The City of Clearwater strongly supports and fully complies with the Americans with Disabilities Act (ADA). Please advise us at least 48 hours prior to the meeting if you require special accommodations at 727-562-4090. Assisted Listening Devices are available. Kindly refrain from using beepers, cellular telephones and other distracting devices during the meeting. 1. Call to Order 2. Invocation 3. Pledge of Allegiance 4. Presentations 4.1 Dophin Tale Promotions -Mary Delong, Dir. BVK Advertising & D.T. Minich, Exec. Dir. Visit St. Pete Clearwater Attachments 4.2 National Friends of Libraries Week Proclamation -George Beech, President of the Friends of the Library Attachments 4.3 United Way Month Proclamation -Laura Cameron, the City’s United Way Leadership Executive. Attachments 5. Approval of Minutes 5.1 Approve the minutes of the October 6, 2011 City Council Meeting and the minutes of the September 28, 2011 Special City Council Meeting as submitted in written summation by the City Clerk. Attachments 6. Citizens to be Heard re Items Not on the Agenda Public Hearings -Not before 6:00 PM 7. Administrative Public Hearings -Presentation of issues by City staff -Statement of case by applicant or representative (5 min.) -Council questions -Comments in support or opposition (3 min. per speaker or 10 min maximum as spokesperson for others that have waived their time) -Council questions -Final rebuttal by applicant or representative (5 min.) -Council disposition 7.1 Approve the annexation, initial Future Land Use Map designation of Residential Low (RL) and initial Zoning Atlas designation of Low Medium Density Residential (LMDR) District for 1310 Parkwood Street (Lot 12, Block A, Pine Ridge in Section 10, Township 29 South, Range 15 East) and Pass Ordinances 8289-11, 8290-11 and 8291-11 on first reading. (ANX2011-08004) Attachments 7.2 Request the Pinellas County Board of County Commissioners to extend the existing ambulance services agreement with Paramedics Plus, LLC for no more than one year and adopt Resolution 11-24. Attachments 8. Second Readings -Public Hearing 8.1 Adopt Ordinance 8281-11 on second reading, amending the future land use element of the Comprehensive Plan of the city to change the land use designation for certain real property whose post office address is 1020 North Hercules Avenue, from Transportation/Utility (T/U) to Industrial Limited (IL). Attachments 8.2 Adopt Ordinance 8282-11 on second reading, amending the Zoning Atlas of the city by rezoning for certain real property whose post office address is 1020 North Hercules Avenue, from Institutional (I) to Industrial, Research and Technology (IRT). Attachments 8.3 Adopt Ordinance 8292-11 on second reading, modifying provisions of Chapter 33, Waterways and Vessels, Clearwater Code of Ordinances, regulating vessel operation within the Clearwater Harbor Marina boat slips. Attachments City Manager Reports 9. Consent Agenda 9.1 Award contracts (blanket purchase orders) to Baker and Taylor, Atlanta, GA -$230,000; Ingram Library Services, Atlanta, GA -$175,000; and Midwest Tape, Holland, OH -$65,000 for the purchase of library books and other materials for the contract period October 1, 2011 through September 30, 2012, and authorize the appropriate officials to execute same. (consent) Attachments 9.2 Approve an agreement with CSX Transportation, Inc., (CSXT) to provide engineering services for the future crossings of the trail located on the south side of Lakeview Road and authorize the appropriate officials to execute same. (consent) Attachments 9.3 Approve a one-year renewal of Blanket Purchase Order BR 506827 with Grosz Stamper Inc. of Tampa, FL, in the amount of $200,000 for the purchase of labor, materials and equipment to perform various concrete projects including sidewalks, slabs, and curbs for a variety of parks and recreation maintenance and construction projects and authorize the appropriate officials to execute same. (consent) Attachments 9.4 Award a contract (purchase order) to Restocon Corp. of Tampa, Florida, Bid 09-0011-PR-C for the concrete repair of the exterior columns, walkways and stairs at the Long Center located at 1501 N. Belcher Road, which includes a 10% contingency; for a net sum of $195,470.00 and approve the transfer of $32,459.08 from Long Center Infrastructure Repairs CIP 315-93278 to Aging Well Center budget CIP 315-93615 at first quarter and amend the project scope of the Aging Well Center project to include the entire Long Center for the purpose of the concrete repair of the exterior columns, walkways and stairs; and authorize the appropriate officials to execute same. (consent) Attachments 9.5 Ratify and confirm the City Manager’s approval to support Make a Difference Fishing Tournament by waiving the loss of parking revenue in the amount of $3,350. (consent) Attachments 9.6 Approve a Model Agreement for Commission of Public Artwork to be utilized for commissions of public artwork under the provisions of Ordinance 7489-05, as amended, and through the procedures of the Public Art and Design Program, and authorize the City Manager and/or his designee to approve such agreements. (consent) Attachments 9.7 Approve the proposed sculpture collection for Sculpture360: Season IV – Art in the Cleveland Street District. (consent) Attachments 9.8 Approve acceptance of a Florida Department of Law Enforcement /Bureau of Justice Assistance Countywide Justice Assistance Grant (JAG) in the amount of $30,000 to fund the purchase of 112 digital cameras and carrying cases and authorize the appropriate officials to execute same. (consent) Attachments 9.9 Award a contract (purchase order) to Adkins Contracting, Inc, of Ruskin, Florida, in the amount of $538,012.84 for the removal and replacement of under drains and all associated and incidental work including restoration at locations throughout the City of Clearwater, and authorize the appropriate officials to execute same. (consent) Attachments 9.10 Award a contract (purchase order) to Andrew Site Work, Inc. of Bonita Springs, Florida for the construction of the Greenlea East-West Reclaimed Water Interconnect Project in the amount of $1,476,918.69, which is the lowest responsible bid in accordance with plans and specifications, and authorize the appropriate officials to execute same. (consent) Attachments 9.11 Approve work orders to Tetra Tech, Inc of Tampa, FL in the amount of $1,584,500 for engineering services and Legette, Brashears and Graham of Tampa, FL in the amount of $1,154,000 for hydrogeologic services associated with the City of Clearwater Groundwater Replenishment Project – Pilot and Testing Phase, for total costs of $2,738,500; approve a Cooperative Funding Agreement with the Southwest Florida Water Management District (SWFWMD), which provides reimbursement of project costs up to $1,536,250, and authorize the appropriate officials to execute same. (consent) Attachments 9.12 Approve the conveyance of a Distribution Easement to Progress Energy (PE) granting appropriate authority to PE for the purpose of providing electrical service to the Compressed Natural Gas (CNG) filling station and other improvements within the Clearwater Air Park; and authorize the appropriate officials to execute same. (consent) Attachments 9.13 Approve two Sovereignty Submerged Lands Easements granted by the State of Florida Department of Environmental Protection to allow for installation of reclaimed water pipes attached to the Douglas Avenue Bridge and installed by directional drill under a small bridge on Overbrook Avenue and authorize the appropriate officials to execute same. (consent) Attachments 9.14 Approve the Cooperative Funding Agreement between Southwest Florida Water Management District (SWFWMD) and the City of Clearwater for the Stormwater Improvements – Flood Protection-Smallwood Circle Project (N395), in the amount of $125,000, and authorize the appropriate officials to execute same. (consent) Attachments 9.15 Approve a Cooperative Funding Agreement in the amount of $1,250,000 with the Southwest Florida Water Management District (SWFWMD) to share one-half the design and construction cost of Phase III of Tropic Hills Drainage Improvements Project and authorize the appropriate officials to execute same. (consent) Attachments 9.16 Request authority to institute a civil action on behalf of the City against Mission Hills Condominium Association, Inc. (Mission Hills) for the purpose of seeking a Declaratory Judgment to determine the City’s easement rights as granted in that certain easement dated April 26, 1971 by the Imperial Homes Corporation, Inc. (consent) Attachments 9.17 Amend the operating budget of the Planning and Development Department in the amount of $107,500 to fund a Development Service Center Manager and provide customer service training in response to recommendations of the Business Task Force. (consent) Attachments 10. Other Items on City Manager Reports 10.1 Item Pulled: Amend Clearwater Code of Ordinances, Chapter 17, Section 17.06, relating to open fires, by repealing those subsections in Section 17.06 and pass Ordinance 8279-11 on first reading. Attachments 10.2 Approve an agreement to lease the Collier Arnold parking lot and authorize the appropriate officials to execute same. Attachments 10.3 Amend Section 22.24(2) of the City of Clearwater Code of Ordinances to change the hours of operation for various parks; eliminate properties from the list that are no longer used as a park; and change the name of Chautauqua Park North (Enterprise Road) to Enterprise Dog Park and pass Ordinance 8293-11on first reading. Attachments 10.4 Approve an Interlocal Agreement between the City of Clearwater and Pinellas County, for distribution of Pennies for Pinellas funds to the City for work completed as part of the Gulf Boulevard Improvement Program, authorize the appropriate officials to execute same and adopt Resolution 11-21. Attachments Miscellaneous Reports and Items 11. City Manager Verbal Reports 11.1 Approve the Third Amendment to Contract For Purchase of Real Property by the City of Clearwater between the Times Publishing Company (Times), a Florida Corporation, St. Petersburg, Florida and the City of Clearwater (City), Clearwater, Florida, for the City to purchase from The Times real property described as Magnolia Park Subdivision, part of lot 3 lying East of Railroad, all of Lots 4,5,6 and 8 , plus the East 27 feet of lots 3 and 8, Block 11; together with Lot 3 less the West 4 feet, all of Lots 5,6,7, and 8 less the West 4 feet, Block 8, according to the plat thereof as recorded in Plat Book 1, Page 70, Public Records of Pinellas County, for the sum of $ 1,950,000 and authorize the appropriate officials to execute same, together with all documentation required to effect closing and approve the terms and conditions of the amended related temporary occupancy lease between the City and The Times Company, and authorize the appropriate officials to execute same. Attachments 11.2 Approve the Third Amendment to Contract For Purchase of Real Property by the City of Clearwater between the Court Street Enterprises Inc. and Joseph J. Hirschfeld, as Trustee, a Florida Corporation, St. Petersburg, Florida and the City of Clearwater (City), Clearwater, Florida, for City to purchase from Court Street Enterprises Inc. and Joseph J. Hirschfeld, real property described as a portion of Lots 2, 3, 8 and 9, Block 11, Magnolia Park, as recorded in Plat Book 3, Page 43, of the Public Records of Pinellas County, Florida for the sum of $475,000 and authorize appropriate officials to execute same, together with all documentation required to effect closing; and approve the terms and conditions of the amended related temporary occupancy lease between the City and David Allbritton Construction, Inc., David Allbritton, President, who is a principal of Court Street Enterprises Inc., and authorize the appropriate officials to execute same. Attachments 12. Other Council Action 12.1 City Attorney Evaluation Attachments 12.2 City Manager Evaluation Attachments 13. Closing Comments by Mayor 14. Adjourn City Council Agenda Council Chambers -City Hall Meeting Date:10/20/2011 SUBJECT /RECOMMENDATION: Dophin Tale Promotions -Mary Delong, Dir. BVK Advertising & D.T. Minich, Exec. Dir. Visit St. Pete Clearwater SUMMARY: Review Approval: Cover Memo Item # 1 Item # 1 Paid Media USA Today – 9/23/11 Full Page Ad Back Cover of the Life Section Friday, Saturday, Sunday weekend edition Circulation: 2,046,486 Item # 1 Paid Media Paid Search Campaign – launched 9/21/11 Driving traffic to article and contest page on vspc.com. Item # 1 Paid Media Facebook “Visit Winter the Dolphin” Ad Campaign – 9/22 -10/31/11 Comprehensive campaign consisting of these elements: 1) Customized landing tab on Facebook fan 2) A hyper-targeted and aggressively managed Facebook ad buy featuring targeted demographics, interests & geo-locations Item # 1 Additional Support – Street Banners SR-60 Memorial Causeway: 14 banner poles Posted: 10/01/11 Clearwater Beach Roundabout: 30 pairs of wedge-shaped banners Posted: 9/28/11 Item # 1 Additional Support – TPA Airport Signage 8 of the 16 airport shuttle cars branded with VSPC message >> Shuttle Window Clings >> Exit Door Wraps >> Above Door Interior Poster Panels Messaging in Baggage Claim Area >> Baggage Carousel Displays Item # 1 Promotions – VSPC Sweepstakes National Promotion: September 19, 2011 -March 31, 2012. Visit St Pete/Clearwater “Visit Winter the Dolphin” Sweepstakes Item # 1 Promotions – Tropical Smoothie "Summer of Winter" Sweepstakes 8/1 – 10/16/11 Promotional Inclusions: Value: $75,000 Contest promoted through in-store POS -window clings, table tents, counter mat inserts, Film-themed activities into 150,000 kid’s meal activity book, and inclusion on the Tropical Smoothie Café website Item # 1 Promotions -Fandango Dolphin Tale Sweepstakes 9/12 – 10/3/11 Promotional Inclusions: Value: $112,000 Contest promoted via banner ads in rotation on Fandango.com and FandangoFun.com, Fandango’s Gifts & Promotion page and through social efforts. Item # 1 Promotions – Wenger Swiss Army Wenger Swiss Army Knife/Sports Authority Dolphin Tale Promotion 9/23 – 10/31/11 Promotional Inclusions: Value: $80,000 Contest promoted via counter cards in 450 Sports Authority stores, on website promotion of GearJunkie.com, on website banner promotional ads on OutsideMagazine.com, through Wenger website, Facebook and Twitter promotion posts and in all Public Relation efforts by Wenger. Item # 1 Misc Support – Film Commission Trade Ads Item # 1 Misc Support – International Central European Office: In conjunction with the launch of “Dolphin Tale” on November 3rd in Germany, these national exposure opportunities were secured to promote a consumer sweepstakes raffle of a one-week stay in St. Petersburg/Clearwater for a family of four. • McDonald’s in-store entertainment magazine – The Kino News • Circulation of 838,000 and available in 1,200 outlets nationwide in Germany as well as online. • Featured in the October issue. • Burger King’s in-store entertainment magazine – The King Magazin. • Circulation of 500,000 and available in 600 outlets nationwide in Germany. • Featured in the November issue. • Saturn’s in-store magazine – The Piranha Magazin • Circulation of 122,000 and available in over 130 outlets nationwide in Germany. • Featured in the November issue. UK Office: In conjunction with the tour operator Virgin Holidays, an upsell e-mail was sent to almost half a million members of the Frequent Virgin Club. Also, the UK office has been in touch with Warner Bros. Pictures and Virgin Holidays for a special DVD release promotion. Item # 1 City Council Agenda Council Chambers -City Hall Meeting Date:10/20/2011 SUBJECT /RECOMMENDATION: National Friends of Libraries Week Proclamation -George Beech, President of the Friends of the Library SUMMARY: Review Approval: Cover Memo Item # 2 City Council Agenda Council Chambers -City Hall Meeting Date:10/20/2011 SUBJECT /RECOMMENDATION: United Way Month Proclamation -Laura Cameron, the City’s United Way Leadership Executive. SUMMARY: Review Approval: Cover Memo Item # 3 City Council Agenda Council Chambers -City Hall Meeting Date:10/20/2011 SUBJECT /RECOMMENDATION: Approve the minutes of the October 6, 2011 City Council Meeting and the minutes of the September 28, 2011 Special City Council Meeting as submitted in written summation by the City Clerk. SUMMARY: Review Approval: Cover Memo Item # 4 Attachment number 1 Page 1 of 19 Item # 4 Attachment number 1 Page 2 of 19 Item # 4 Attachment number 1 Page 3 of 19 Item # 4 Attachment number 1 Page 4 of 19 Item # 4 Attachment number 1 Page 5 of 19 Item # 4 Attachment number 1 Page 6 of 19 Item # 4 Attachment number 1 Page 7 of 19 Item # 4 Attachment number 1 Page 8 of 19 Item # 4 Attachment number 1 Page 9 of 19 Item # 4 Attachment number 1 Page 10 of 19 Item # 4 Attachment number 1 Page 11 of 19 Item # 4 Attachment number 1 Page 12 of 19 Item # 4 Attachment number 1 Page 13 of 19 Item # 4 Attachment number 1 Page 14 of 19 Item # 4 Attachment number 1 Page 15 of 19 Item # 4 Attachment number 1 Page 16 of 19 Item # 4 Attachment number 1 Page 17 of 19 Item # 4 Attachment number 1 Page 18 of 19 Item # 4 Attachment number 1 Page 19 of 19 Item # 4 Attachment number 2 Page 1 of 8 Item # 4 Attachment number 2 Page 2 of 8 Item # 4 Attachment number 2 Page 3 of 8 Item # 4 Attachment number 2 Page 4 of 8 Item # 4 Attachment number 2 Page 5 of 8 Item # 4 Attachment number 2 Page 6 of 8 Item # 4 Attachment number 2 Page 7 of 8 Item # 4 Attachment number 2 Page 8 of 8 Item # 4 City Council Agenda Council Chambers -City Hall Meeting Date:10/20/2011 SUBJECT /RECOMMENDATION: Approve the annexation, initial Future Land Use Map designation of Residential Low (RL) and initial Zoning Atlas designation of Low Medium Density Residential (LMDR) District for 1310 Parkwood Street (Lot 12, Block A, Pine Ridge in Section 10, Township 29 South, Range 15 East) and Pass Ordinances 8289-11, 8290-11 and 8291-11 on first reading. (ANX2011-08004) SUMMARY: This voluntary annexation petition involves a 0.176-acre property consisting of one parcel of land occupied by a single-family dwelling. It is located on the north side of Parkwood Street approximately 137 feet east of Betty Lane. The applicant is requesting this annexation in order to receive solid waste service from the City. The Planning and Development Department is requesting that the 0.092-acres of abutting right-of-way of Parkwood Street not currently within the City limits also be annexed. The property is contiguous to existing City boundaries to the north, south, east, and west. It is proposed that the property be assigned a Future Land Use Map designation of Residential Low (RL) and a Zoning Atlas designation of Low Medium Density Residential (LMDR). The Planning and Development Department determined that the proposed annexation is consistent with the provisions of Clearwater Community Development Code Section 4-604.E as follows: The property currently receives water and sewer service from the City of Clearwater. Collection of solid waste will be provided by the City. The property is located within Police District II and service will be administered through the district headquarters located at 645 Pierce Street. Fire and emergency medical services will be provided to this property by Station 51 located at 1720 Overbrook Avenue. The City has adequate capacity to serve this property with sanitary sewer, solid waste, police, fire and EMS service. The proposed annexation will not have an adverse effect on public facilities and their levels of service; and The proposed annexation is consistent with and promotes the following objective of the Clearwater Comprehensive Plan: Objective A.6.4 Due to the built-out character of the City of Clearwater, compact urban development within the urban service area shall be promoted through application of the Clearwater Community Development Code. Objective A.7.2 Diversify and expand the City’s tax base through the annexation of a variety of land uses located within the Clearwater Planning Area. Policy A.7.2.3 Continue to process voluntary annexations for single-family residential properties upon request. The proposed Residential Low (RL) Future Land Use Map category is consistent with the current Countywide Plan designation of this property. This designation primarily permits residential uses at a density of 5 units per Cover Memo Item # 5 acre. The proposed zoning district to be assigned to the property is the Low Medium Density Residential (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 and the City’s Comprehensive Plan and Community Development Code; and The property proposed for annexation is contiguous to existing City boundaries to the north, south, east and west; therefore, the annexation is consistent with Florida Statutes Chapter 171.044. Review Approval: Cover Memo Item # 5 S:\Planning Department\C D B\Annexations (ANX)\ANX -2011\ANX2011-08004-1310 Parkwood Street -Moody and Jones\Maps\ANX2011-08004-Location Map.doc BETTY LN KINGS HWY PALMETTO ST N HIGHLAND AVE SUNS ET POINT RD OVERLEA ST DOUGLAS AVE OVERBROOK AVE ROLLEN RD FLAGLER DR HOLT AVE PINELAND DR JOEL LN OTTEN ST SAND Y LN SYLVAN DR MARY L RD HARBOR DR ENGMAN ST LA SA LLE ST TERR ACE RD FAIRM ONT ST SPRINGTIME AVE RUSS ELL ST TANGERIN E ST MARS HALL ST FAIRBURN AVE ADMI RAL WOODSON LN PINEBROO K D R PALM BLUFF ST STEVENSON AVE N HIB ISCU S ST S HIBISCUS ST SPRING L N BARBARA AVE THAMES LN GRANT ST WASHINGTON AVE CARL TON ST WEST AVE BECKETT ST CLAIRE DR HIBISCUS ST ERIN LN STEVENSON'S DR PALM TERRACE DR WOODBIN E ST JADE AVE N WASHINGTON AVE WESTON DR PARKWOO D ST SPRINGDALE ST CAROLYN LN FLORA LN FULLER DR N MADISON AVE N MISSOURI AVE BARBARA LN BENTLEY ST GROVE CI RCLE CT HEAVEN SENT LN SANDY LN WOODBINE ST CAROLYN LN FAIRMONT ST DOUGLAS AVE SANDY LN ENGMAN ST PINE BROOK DR SYLVAN DR SPRINGDA LE ST -Not to Scale--Not a Survey-^ PROJECT SITE STEVENSON CREEK PARKWOOD ST LOCATION MAP Owners: Essie Moody and Tracey Jones, a/k/a Tracey Pollock Case: ANX2011-08004 Site: 1310 Parkwood St. Property Size (Acres): Rights-of-way (Acres): 0.176 acres + 0.092 acres ROW Land Use Zoning PIN: 10-29-15-71694-001- 0120 From : To: RL R3 RL LMDR Atlas Page: 269B Attachment number 1 Page 1 of 7 Item # 5 S:\Planning Department\C D B\Annexations (ANX)\ANX -2011\ANX2011-08004-1310 Parkwood Street -Moody and Jones\Maps\ANX2011-08004-Aerial Photograph.doc BETTY LN ROLLEN RD TERRA CE R D FAIR MO NT ST WOODB INE ST WOOD PARK WOO D ST CLAIRE DR OVERBROOK AVE CAROL DR STOCKTON DR STEVENSON'S DR JADE AVE -Not to Scale--Not a Survey-AERIAL PHOTOGRAPH Owners: Essie Moody and Tracey Jones, a/k/a Tracey Pollock Case: ANX2011-08004 Site: 1310 Parkwood St. Property Size (Acres): Rights-of-way (Acres): 0.176 acres + 0.092 acres ROW Land Use Zoning PIN: 10-29-15-71694-001-0120 From : To: RL R3 RL LMDR Atlas Page: 269B Attachment number 1 Page 2 of 7 Item # 5 S:\Planning Department\C D B\Annexations (ANX)\ANX -2011\ANX2011-08004-1310 Parkwood Street -Moody and Jones\Maps\ANX2011-08004-Proposed Annexation Map.doc 21 22 23 24 25 18 17 16 15 14 13 12 11 10 1 2 3 4 5 6 7 8 9 18 17 16 15 14 13 12 11 10 1 2 3 4 5 6 7 8 9 1 2 3 4 17 16 15 14 1 2 3 4 18 17 16 15 2.15 43/041 43/042 247000 08370 E A A B 16 15 14 13 9 8 7 6 5 4 3 2 1 1 2 3 4 10 11 12 13 14 15 16 17 18 16 15 14 13 9 8 7 6 5 4 3 2 1 1 2 3 4 10 11 12 13 14 15 16 17 18 16 15 14 13 9 8 7 6 5 4 3 2 1 1 2 3 4 10 11 12 13 14 15 16 17 18 3 2 1 8 9 10 2 1 1 16 2 15 3 14 4 13 12 11 10 5 6 9 8 7 6 5 4 3 2 1 71694 6906 85446 B D A B BC C A C (C) 1300 1326 1313 1317 1321 1314 1318 1322 1719 1705 1709 1724 1701 1711 1525 1524 1224 1221 1220 1240 1307 1305 1309 1311 1333 1313 1327 1321 1317 1240 1604 1239 1220 1304 1308 1304 1619 1625 1616 1620 1232 1236 1240 1305 1309 1308 1304 1312 1332 1320 1326 1329 1328 1325 1221 1720 1501 1333 1731 1349 1308 1321 1317 1341 1324 1324 1341 1305 1320 1320 1340 1341 1328 1349 1341 1344 1332 1238 1340 1321 1328 1329 1348 1300 1301 1317 1321 1348 1301 1325 1340 1328 1325 1348 1304 1345 1305 1349 1333 1341 1349 1309 1344 1313 1329 1345 1305 1352 1312 1353 1329 1229 1334 1334 1241 1352 1530 1316 1317 1325 1340 1345 1348 1307 1330 1615 1313 1231 1349 1345 1301 1613 1309 BETTY LN ROLLEN RD TERRACE RD FAIRMONT ST WO ODBI NE ST PARKWOOD ST CLAIRE DR CAROL DR OVERBROOK AVE STOCKTON DR JADE AVE 12 1717 14 1531 520 528 1235 1228 1224 1310 1703 1608 1612 1316 1232 1225 1353 1707 1237 1710 1601 1353 1234 1312 1314 1729 1715 1345 -Not to Scale--Not a Survey-PROPOSED ANNEXATION MAP Owners: Essie Moody and Tracey Jones, a/k/a Tracey Pollock Case: ANX2011-08004 Site: 1310 Parkwood St. Property Size (Acres): Rights-of-way (Acres): 0.176 acres + 0.092 acres ROW Land Use Zoning PIN: 10-29-15-71694-001-0120 From : To: RL R3 RL LMDR Atlas Page: 269B Attachment number 1 Page 3 of 7 Item # 5 S:\Planning Department\C D B\Annexations (ANX)\ANX -2011\ANX2011-08004-1310 Parkwood Street -Moody and Jones\Maps\ANX2011-08004-Future Land Use Map.doc RU RL RU RU CG RL RL CG RL RU RL RL RL RU RU RU RU RU P RL RL RL RL RU RU RL RU RU CGCG RL RU WATER RU CG CG T/U BETTY LN ROLLEN RD TERRACE RD FAIRMONT ST WOODBINE ST PARKWOO D ST SPRINGDALE ST CLA IRE DR STEVENSON'S DR OVERBROOK AVE CAROL DR STOCKTON DR 1701 1711 1717 1512 1501 1515 1507 1525 1531 1528 1532 1224 1601 1607 1536 1217 1221 1220 1240 1305 1309 1311 1333 1313 1327 1321 1317 1240 1604 1235 1239 1224 1220 1216 1703 1308 1304 1300 1619 1625 1608 1612 1616 1620 1232 1236 1240 1305 1309 1313 1317 1308 1304 1312 1316 1332 1320 1329 1328 1325 1232 1225 1221 1720 1427 1501 1333 1308 1317 1324 1324 1341 1344 1332 1707 1305 1237 1320 1341 1314 1340 1328 1341 1332 1710 1238 1340 1321 1328 1601 1300 1317 1321 1301 1325 1340 1328 1326 1328 1304 1304 1305 1348 1340 1341 1309 1344 1313 1329 1345 1234 1308 1312 1314 1324 1312 1312 1329 1229 1334 1334 1320 1241 1325 1340 1345 1348 1516 1307 1330 1316 1322 1345 1231 1345 1301 1613 1326 1719 00 504 508 1516 1520 1524 0 1307 1228 1310 1304 1326 1321 1611 1423 1320 1318 1349 1344 1348 1348 1530 1316 1334 1615 1349 1330 -Not to Scale--Not a Survey-FUTURE LAND USE MAP Owners: Essie Moody and Tracey Jones, a/k/a Tracey Pollock Case: ANX2011-08004 Site: 1310 Parkwood St. Property Size (Acres): Rights-of-way (Acres): 0.176 acres + 0.092 acres ROW Land Use Zoning PIN: 10-29-15-71694-001-0120 From : To: RL R3 RL LMDR Atlas Page: 269B RL Attachment number 1 Page 4 of 7 Item # 5 S:\Planning Department\C D B\Annexations (ANX)\ANX -2011\ANX2011-08004-1310 Parkwood Street -Moody and Jones\Maps\ANX2011-08004 Zoning Map.doc BETTY LN ROLLEN RD MARY L RD TER RACE RD FAIRMONT ST WOODBINE ST PARKWOOD S T CLAIRE DR CAROL DR OVERBROOK AVE STOCKTON DR LMDR C LMDR LMDR LMDR 1719 1705 1709 1724 1701 1711 1717 1525 1224 1240 1307 1305 1309 1311 1333 1313 1327 1321 1317 1240 1604 1235 1239 1224 1304 1703 1308 1304 1300 1619 1625 1608 1612 1616 1620 1240 1305 1309 1313 1317 1308 1304 1312 1316 1332 1320 1326 1328 1329 1325 1321 1232 1225 1221 1333 1349 1308 1321 1317 1341 1324 1324 1341 1353 1707 1305 1237 1320 1320 1341 1357 1314 1340 1328 1349 1341 1344 1356 1332 1710 1238 1340 1328 1601 1352 1353 1329 1348 1301 1300 1317 1321 1348 1301 1325 1340 1326 1735 1328 1325 1348 1304 1345 1305 1349 1353 1333 1341 1349 1309 1344 1313 1329 1345 1234 1312 1305 1314 1357 1352 1312 1353 1352 1329 1334 1334 1241 1352 1357 1530 1316 1317 1325 1340 1345 1348 1307 1330 1357 1615 1353 1322 1345 1313 1349 1345 1301 1613 1309 20 1228 1310 1232 1236 1731 1737 1318 1321 11 1733 1 1 1729 1229 1231 -Not to Scale--Not a Survey-ZONING MAP Owners: Essie Moody and Tracey Jones, a/k/a Tracey Pollock Case: ANX2011-08004 Site: 1310 Parkwood St. Property Size (Acres): Rights-of-way (Acres): 0.176 acres + 0.092 acres ROW Land Use Zoning PIN: 10-29-15-71694-001-0120 From : To: RL R3 RL LMDR Atlas Page: 269B LMDR Attachment number 1 Page 5 of 7 Item # 5 S:\Planning Department\C D B\Annexations (ANX)\ANX -2011\ANX2011-08004-1310 Parkwood Street -Moody and Jones\Maps\ANX2011-08004-Existing Surrounding Uses Map.doc 21 22 23 24 25 18 17 16 15 14 13 12 11 10 1 2 3 4 5 6 7 8 9 18 17 16 15 14 13 12 11 10 1 2 3 4 5 6 7 8 9 1 2 3 4 17 16 15 14 1 2 3 4 18 17 16 15 2.15 43/041 43/042 247000 08370 E A A B 16 15 14 13 9 8 7 6 5 4 3 2 1 1 2 3 4 10 11 12 13 14 15 16 17 18 16 15 14 13 9 8 7 6 5 4 3 2 1 1 2 3 4 10 11 12 13 14 15 16 17 18 16 15 14 13 9 8 7 6 5 4 3 2 1 1 2 3 4 10 11 12 13 14 15 16 17 18 3 2 1 8 9 10 2 1 1 16 2 15 3 14 4 13 12 11 10 5 6 9 8 7 6 5 4 3 2 1 71694 6906 85446 B D A B BC C A C (C) 1300 1326 1313 1317 1321 1314 1318 1322 1719 1705 1709 1724 1701 1711 1525 1524 1224 1221 1220 1240 1307 1305 1309 1311 1333 1313 1327 1321 1317 1240 1604 1239 1220 1304 1308 1304 1619 1625 1616 1620 1232 1236 1240 1305 1309 1308 1304 1312 1332 1320 1326 1329 1328 1325 1221 1720 1501 1333 1731 1349 1308 1321 1317 1341 1324 1324 1341 1305 1320 1320 1340 1341 1328 1349 1341 1344 1332 1238 1340 1321 1328 1329 1348 1300 1301 1317 1321 1348 1301 1325 1340 1328 1325 1348 1304 1345 1305 1349 1333 1341 1349 1309 1344 1313 1329 1345 1305 1352 1312 1353 1329 1229 1334 1334 1241 1352 1530 1316 1317 1325 1340 1345 1348 1307 1330 1615 1313 1231 1349 1345 1301 1613 1309 BETTY LN ROLLEN RD TERRACE RD FAIRMONT ST WO ODBI NE ST PARKWOOD ST CLAIRE DR CAROL DR OVERBROOK AVE STOCKTON DR JADE AVE 12 1717 14 1531 520 528 1235 1228 1224 1310 1703 1608 1612 1316 1232 1225 1353 1707 1237 1710 1601 1353 1234 1312 1314 1729 1715 1345 -Not to Scale--Not a Survey-EXISTING SURROUNDING USES MAP Owners: Essie Moody and Tracey Jones, a/k/a Tracey Pollock Case: ANX2011-08004 Site: 1310 Parkwood St. Property Size (Acres): Rights-of-way (Acres): 0.176 acres + 0.092 acres ROW Land Use Zoning PIN: 10-29-15-71694-001-0120 From : To: RL R3 RL LMDR Atlas Page: 269B Single Family Residential Single Family Residential Fire Station Single Family Residential Vehicle Repair Attachment number 1 Page 6 of 7 Item # 5 View looking north at the subject property, 1310 Parkwood Street East of the subject property View looking east along Parkwood Street View looking west along Parkwood Street ANX2011-08004 Moody, Essie and Jones/Pollock, Tracey 1310 Parkwood Street West of the subject property South of the subject property Attachment number 1 Page 7 of 7 Item # 5 Ordinance No. 8289-11 ORDINANCE NO. 8289-11 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, ANNEXING CERTAIN REAL PROPERTY LOCATED ON THE NORTH SIDE OF PARKWOOD STREET AND APPROXIMATELY 137 FEET EAST OF BETTY LANE, CONSISTING OF LOT 12, BLOCK A, PINE RIDGE, WHOSE POST OFFICE ADDRESS IS 1310 PARKWOOD STREET, TOGETHER WITH THE ABUTTING RIGHT OF WAY OF PARKWOOD STREET, INTO THE CORPORATE LIMITS OF THE CITY, AND REDEFINING THE BOUNDARY LINES OF THE CITY TO INCLUDE SAID ADDITION; PROVIDING AN EFFECTIVE DATE. WHEREAS, the owner of the real 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 12, Block “A”, Pine Ridge according to the Plat thereof, recorded in Plat Book 28, Page 98, Public Records of Pinellas County, Florida, together with the abutting right-of-way of Parkwood Street. (ANX2011-08004) The map or maps attached as Exhibit(s) “A” are hereby incorporated by reference. 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. Attachment number 2 Page 1 of 3 Item # 5 Ordinance No. 8289-11 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 Rosemarie Call Assistant City Attorney City Clerk Attachment number 2 Page 2 of 3 Item # 5 Attachment number 2 Page 3 of 3 Item # 5 Ordinance No. 8290-11 ORDINANCE NO. 8290-11 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE FUTURE LAND USE PLAN ELEMENT OF THE COMPREHENSIVE PLAN OF THE CITY, TO DESIGNATE THE LAND USE FOR CERTAIN REAL PROPERTY LOCATED ON THE NORTH SIDE OF PARKWOOD STREET AND APPROXIMATELY 137 FEET EAST OF BETTY LANE, CONSISTING OF LOT 12, BLOCK A, PINE RIDGE, TOGETHER WITH THE ABUTTING RIGHT OF WAY OF PARKWOOD STREET, WHOSE POST OFFICE ADDRESS IS 1310 PARKWOOD STREET, 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 12, Block “A”, Pine Ridge Residential Low (RL) according to the Plat thereof, recorded in Plat Book 28, Page 98, Public Records of Pinellas County, Florida, together with the abutting right-of-way of Parkwood Street (ANX2011-08004) The map or maps attached as Exhibit A is hereby incorporated by reference. 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. 8289-11. PASSED ON FIRST READING _____________________ Attachment number 3 Page 1 of 3 Item # 5 Ordinance No. 8290-11 PASSED ON SECOND AND FINAL _____________________ READING AND ADOPTED __________________________ Frank V. Hibbard Mayor Approved as to form: Attest: __________________________ __________________________ Leslie K. Dougall-Sides Rosemarie Call Assistant City Attorney City Clerk Attachment number 3 Page 2 of 3 Item # 5 Attachment number 3 Page 3 of 3 Item # 5 Ordinance No. 8291-11 ORDINANCE NO. 8291-11 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY BY ZONING CERTAIN REAL PROPERTY LOCATED ON THE NORTH SIDE PARKWOOD STREET AND APPROXIMATELY 137 FEET EAST OF BETTY LANE, CONSISTING OF LOT 12, BLOCK A, PINE RIDGE, TOGETHER WITH THE ABUTTING RIGHT OF WAY OF PARKWOOD STREET, WHOSE POST OFFICE ADDRESS IS 1310 PARKWOOD STREET, 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 12, Block “A”, Pine Ridge Low Medium Density Residential (LMDR) according to the Plat thereof, recorded in Plat Book 28, Page 98, Public Records of Pinellas County, Florida, together with the abutting right-of-way of Parkwood Street (ANX2011-08004) The map attached as Exhibit A is hereby incorporated by reference. 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. 8289-11. PASSED ON FIRST READING ___________________________ PASSED ON SECOND AND FINAL ___________________________ Attachment number 4 Page 1 of 3 Item # 5 Ordinance No. 8291-11 READING AND ADOPTED _______________________________ Frank V. Hibbard Mayor Approved as to form: Attest: __________________________ ______________________________ Leslie K. Dougall-Sides Rosemarie Call Assistant City Attorney City Clerk Attachment number 4 Page 2 of 3 Item # 5 Attachment number 4 Page 3 of 3 Item # 5 City Council Agenda Council Chambers -City Hall Meeting Date:10/20/2011 SUBJECT /RECOMMENDATION: Request the Pinellas County Board of County Commissioners to extend the existing ambulance services agreement with Paramedics Plus, LLC for no more than one year and adopt Resolution 11-24. SUMMARY: Review Approval: 1) Office of Management and Budget 2) Clerk Cover Memo Item # 6 1 Resolution 11-24 RESOLUTION NO. 11-24 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CLEARWATER REQUESTING THAT IF THE PINELLAS COUNTY BOARD OF COUNTY COMMISSIONERS EXTENDS THE EXISTING AMBULANCE SERVICES AGREEMENT WITH PARAMEDICS PLUS, LLC, THE EXTENSION BE LIMITED TO NOT MORE THAN ONE YEAR; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Chapter 80-585, Laws of Florida, created a countywide Emergency Medical Services Authority ("Authority") whose governing body and membership is comprised of the Pinellas County Board of County Commissioners; and WHEREAS, the Authority has proposed to reduce the funding to Clearwater Fire and Rescue and to the other advanced life support (ALS) first responders in Pinellas County because of declining revenue from ad valorem taxes and because of other escalating costs; and WHEREAS, Lt. Scott Sanford, Palm Harbor Fire and Rescue, and Captain Jim Millican, Lealman Fire Rescue, have provided a proposal, also referred to as the “Sanford/Millican Plan,” to have the ALS first responders provide ambulance services in Pinellas County; and WHEREAS, Paramedics Plus, LLC, currently provides ambulance services in Pinellas County pursuant to an Ambulance Services Agreement with the Authority, which expires on September 30, 2012; and WHEREAS, Section 901 of the current Ambulance Services Agreement states that the existing Agreement may be renewed by written agreement of the parties for an additional three (3) years to September 30, 2015, upon no less than a nine (9) month written notice to Paramedics Plus, LLC, of the extension; and WHEREAS, therefore, the Authority is required by the current Ambulance Services Agreement to notify Paramedics Plus, LLC, no later than December 31, 2011, whether the Authority intends to extend the Agreement for an additional three (3) years beyond September 30, 2012; and WHEREAS, insufficient time exists for the municipalities in Pinellas County and the Authority to fully analyze the “Sanford/Millican Plan” prior to December 31, 2011, to determine the most cost effective method of providing emergency medical services and ambulance transports within Pinellas County while maintaining an appropriate level of service to ensure the welfare of citizens in need of emergency medical care; now therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Attachment number 1 Page 1 of 2 Item # 6 2 Resolution 11-24 Section 1. The City Council of the City of Clearwater hereby requests that should the Pinellas County Board of County Commissioners chose to extend the existing Ambulance Services Agreement with Paramedics Plus, LLC, the extension not exceed one (1) year (September 30, 2013), so that the municipalities in Pinellas County and the Emergency Medical Services Authority will have sufficient time to fully analyze the “Sanford/Millican Plan” to determine the most cost effective method of providing emergency medical services and ambulance transports within Pinellas County while maintaining an appropriate level of service to ensure the welfare of citizens in need of emergency medical care. Section 2. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this _______ day of _____________, 2011. ____________________________ Frank V. Hibbard Mayor Approved as to form: Attest: __________________________ _____________________________ Robert J. Surette Rosemarie Call Assistant City Attorney City Clerk Attachment number 1 Page 2 of 2 Item # 6 Attachment number 2 Page 1 of 4 Item # 6 Attachment number 2 Page 2 of 4 Item # 6 Attachment number 2 Page 3 of 4 Item # 6 Attachment number 2 Page 4 of 4 Item # 6 City Council Agenda Council Chambers -City Hall Meeting Date:10/20/2011 SUBJECT /RECOMMENDATION: Adopt Ordinance 8281-11 on second reading, amending the future land use element of the Comprehensive Plan of the city to change the land use designation for certain real property whose post office address is 1020 North Hercules Avenue, from Transportation/Utility (T/U) to Industrial Limited (IL). SUMMARY: Review Approval: Cover Memo Item # 7 Ordinance No. 8281-11 ORDINANCE NO. 8281-11 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE FUTURE LAND USE PLAN ELEMENT OF THE COMPREHENSIVE PLAN OF THE CITY, TO CHANGE THE LAND USE DESIGNATION FOR CERTAIN REAL PROPERTY LOCATED AT NORTHWEST CORNER OF NORTH HERCULES AVENUE AND PALMETTO STREET ADJACENT TO CLEARWATER AIR PARK, CONSISTING OF A PORTION OF THE NORTHWEST ¼ OF SECTION 12, TOWNSHIP 29 SOUTH, RANGE 15 EAST, PINELLAS COUNTY, FLORIDA, SAID PARCEL ALSO BEING A PORTION OF REPLAT OF BLOCKS 1 THROUGH 19 OF MARYMONT, WHOSE POST OFFICE ADDRESS IS 1020 NORTH HERCULES AVENUE; FROM TRANSPORTATION/UTILITY (T/U), TO INDUSTRIAL LIMITED (IL); 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 as follows: Property Land Use Category See Exhibit “A” From: Transportation/Utility (T/U) To: Industrial Limited (IL) (LUP2011-07002) The map attached as Exhibit “B” is hereby incorporated by reference. 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, subject to the approval of the land use designation by the Pinellas County Board of County Commissioners, and subject to a determination by the State of Florida, as appropriate, of compliance with the applicable requirements of the Local Government Comprehensive Planning and Land Development Regulation Act, pursuant to § 163.3189, Florida Statutes. The Community Development Coordinator is authorized to transmit to the Pinellas County Planning Council an application to amend the Countywide Plan in order to achieve consistency with the Future Land Use Plan Element of the City’s Comprehensive Plan as amended by this ordinance. Attachment number 1 Page 1 of 2 Item # 7 Ordinance No. 8281-11 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 Rosemarie Call Assistant City Attorney City Clerk Attachment number 1 Page 2 of 2 Item # 7 8281-11 Ex A EXHIBIT A A parcel of land lying in the Northwest ¼ of Section 12, Township 29 South, Range 15 East, Pinellas County, Florida, said parcel also being a portion of REPLAT OF BLOCKS 1 THROUGH 19 OF MARYMONT, as recorded in Plat Book 39, page 31, of the Public Records of Pinellas County, Florida, more particularly described as follows: Commence at the Southeast corner of the Northwest ¼ of Section 12, Township 29 South, Range 15 East, Pinellas County; thence N00°16’59”E along the East boundary thereof a distance of 208.59 feet; thence N89°21’30”W a distance of 50.00 feet to a point of intersection with the Westerly right of way line of Hercules Avenue and the Point of Beginning; thence S00°16’59”W along said Westerly right of way line a distance of 172.68 feet; thence N89°29’00”W a distance of 252.19 feet; thence N00°40’34”E a distance of 173.33 feet; thence S89°20’05”E a distance of 105.81 feet; thence S00°16’59”W a distance of 0.06 feet; thence S89°21’30”E a distance of 145.20 feet to the Point of Beginning. Attachment number 2 Page 1 of 1 Item # 7 City Council Agenda Council Chambers -City Hall Meeting Date:10/20/2011 SUBJECT /RECOMMENDATION: Adopt Ordinance 8282-11 on second reading, amending the Zoning Atlas of the city by rezoning for certain real property whose post office address is 1020 North Hercules Avenue, from Institutional (I) to Industrial, Research and Technology (IRT). SUMMARY: Review Approval: Cover Memo Item # 8 Ordinance No. 8282-11 ORDINANCE NO. 8282-11 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY BY REZONING CERTAIN PROPERTY LOCATED AT NORTHWEST CORNER OF NORTH HERCULES AVENUE AND PALMETTO STREET ADJACENT TO CLEARWATER AIR PARK, CONSISTING OF A PORTION OF THE NORTHWEST ¼ OF SECTION 12, TOWNSHIP 29 SOUTH, RANGE 15 EAST, PINELLAS COUNTY, FLORIDA, SAID PARCEL ALSO BEING A PORTION OF REPLAT OF BLOCKS 1 THROUGH 19 OF MARYMONT, WHOSE POST OFFICE ADDRESS IS 1020 NORTH HERCULES AVENUE; FROM INSTITUTIONAL (I) TO INDUSTRIAL, RESEARCH AND TECHNOLOGY (IRT); PROVIDING AN EFFECTIVE DATE. WHEREAS, the amendment to the zoning atlas of the City as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's Comprehensive Plan; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following described property in Clearwater, Florida, is hereby rezoned, and the zoning atlas of the City is amended as follows: Property Zoning District See Exhibit “A” From: Institutional (I) (REZ2011-07004) To: Industrial, Research and Technology (IRT) The map attached as Exhibit “B” is hereby incorporated by reference. Section 2. The City Engineer is directed to revise the zoning atlas of the City in accordance with the foregoing amendment. Section 3. This ordinance shall take effect immediately upon adoption, subject to the approval of the land use designation set forth in Ordinance No. 8281-11 by the Pinellas County Board of County Commissioners, and subject to a determination by the State of Florida, as appropriate, of compliance with the applicable requirements of the Local Government Comprehensive Planning and Land Development Regulation Act, pursuant to §163.3189, Florida Statutes. PASSED ON FIRST READING _____________________________ PASSED ON SECOND AND FINAL _____________________________ READING AND ADOPTED ___________________________________ Frank V. Hibbard Mayor Approved as to form: Attest: ______________________________ ___________________________________ Leslie K. Dougall-Sides Rosemarie Call Assistant City Attorney City Clerk Attachment number 1 Page 1 of 1 Item # 8 8282-11 Ex A EXHIBIT A A parcel of land lying in the Northwest ¼ of Section 12, Township 29 South, Range 15 East, Pinellas County, Florida, said parcel also being a portion of REPLAT OF BLOCKS 1 THROUGH 19 OF MARYMONT, as recorded in Plat Book 39, page 31, of the Public Records of Pinellas County, Florida, more particularly described as follows: Commence at the Southeast corner of the Northwest ¼ of Section 12, Township 29 South, Range 15 East, Pinellas County; thence N00°16’59”E along the East boundary thereof a distance of 208.59 feet; thence N89°21’30”W a distance of 50.00 feet to a point of intersection with the Westerly right of way line of Hercules Avenue and the Point of Beginning; thence S00°16’59”W along said Westerly right of way line a distance of 172.68 feet; thence N89°29’00”W a distance of 252.19 feet; thence N00°40’34”E a distance of 173.33 feet; thence S89°20’05”E a distance of 105.81 feet; thence S00°16’59”W a distance of 0.06 feet; thence S89°21’30”E a distance of 145.20 feet to the Point of Beginning. Attachment number 2 Page 1 of 1 Item # 8 City Council Agenda Council Chambers -City Hall Meeting Date:10/20/2011 SUBJECT /RECOMMENDATION: Adopt Ordinance 8292-11 on second reading, modifying provisions of Chapter 33, Waterways and Vessels, Clearwater Code of Ordinances, regulating vessel operation within the Clearwater Harbor Marina boat slips. SUMMARY: Review Approval: Cover Memo Item # 9 Ordinance No. 8292 -11 ORDINANCE NO. 8292-11 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, MODIFYING PROVISIONS OF CHAPTER 33, WATERWAYS AND VESSELS, CLEARWATER CODE OF ORDINANCES, REGULATING VESSEL OPERATION WITHIN THE CLEARWATER HARBOR MARINA BOAT SLIPS; PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. That Chapter 33, Waterways and Vessels, Section 33.058 be amended by creating a new subsection (13) to read: Sec. 33.058. Same--Areas defined. (13) Idle speed--No wake zone, Clearwater Harbor Marina basin. All waters of the Clearwater Harbor Marina basin lying within the following described line are designated as an idle speed--no wake zone: From the point of the farthest southwestern point of dock A (latitude 27 degrees 57.88 minutes north, longitude 82 degrees 48.38 minutes west), east to the northernmost point of the seawall at Pierce 100 and continuing along that seawall to the shore, then north along the shoreline to the fishing pier behind the dock master office at 210 Drew Street, then west to the farthest western point at the end of the fishing pier (latitude 27 degrees 58.09 minutes north, longitude 82 degrees 48.27 minutes west), then south along the outside wave attenuators of the northern and southern docks adjacent to the Intracoastal Waterway channel under the Memorial Causeway Bridge back to point of origin. Section 2. This ordinance shall take effect immediately upon adoption. PASSED ON FIRST READING _____________________ PASSED ON SECOND AND FINAL _____________________ READING AND ADOPTED ___________________________ Frank V. Hibbard Mayor Approved as to form: Attest: ____________________________ ____________________________ Camilo A. Soto Rosemarie Call Assistant City Attorney City Clerk Attachment number 1 Page 1 of 1 Item # 9 City Council Agenda Council Chambers -City Hall Meeting Date:10/20/2011 SUBJECT /RECOMMENDATION: Award contracts (blanket purchase orders) to Baker and Taylor, Atlanta, GA -$230,000; Ingram Library Services, Atlanta, GA -$175,000; and Midwest Tape, Holland, OH -$65,000 for the purchase of library books and other materials for the contract period October 1, 2011 through September 30, 2012, and authorize the appropriate officials to execute same. (consent) SUMMARY: Blanket Purchase Orders for Baker and Taylor, Ingram, and Midwest Tape are for the acquisition of books and audio visual materials. The purchase orders will be used for numerous small dollar purchases. Each order will be shopped for best price and availability. Type: Capital expenditure Current Year Budget?: Yes Budget Adjustment: None Budget Adjustment Comments: Current Year Cost: $470,000 Annual Operating Cost: $470,000 Not to Exceed: Total Cost: $470,000 For Fiscal Year: 2011 to 2012 Appropriation Code Amount Appropriation Comment 0315-93527-564400-571-000-0000 $470,000 Bid Required?: No Bid Number: Other Bid /Contract: Bid Exceptions: Impractical to Bid Review Approval: Cover Memo Item # 10 City Council Agenda Council Chambers -City Hall Meeting Date:10/20/2011 SUBJECT /RECOMMENDATION: Approve an agreement with CSX Transportation, Inc., (CSXT) to provide engineering services for the future crossings of the trail located on the south side of Lakeview Road and authorize the appropriate officials to execute same. (consent) SUMMARY: The preliminary engineering is underway for the Lake Belleview Trail that will connect Ed Wright Park, and the future Lake Belleview Trail to the Pinellas Trail along the south side of Lakeview Road. This project is identified in both the City’s Trails Plan, Shifting Gears, and the Pinellas County Metropolitan Planning Organization’s Trails Plan. The trail connection on Lakeview Road crosses a CSXT railway line. In accordance with CSXT requirements, the City is required to enter into an agreement to obtain permitting for the crossing of the railroad tracks at Lakeview Road. The agreement will provide preparation or review of engineering and design plans, the preparation of cost estimates pertaining to the work performed by CSXT, and the review of any site documentation including construction documents. It is a reimbursable contract with an estimated financial impact of $6,500. It will be funded by CIP 315-93272. Type: Capital expenditure Current Year Budget?: Yes Budget Adjustment: None Budget Adjustment Comments: Current Year Cost: $6,500 Annual Operating Cost: -0-Not to Exceed: $6,500 Total Cost: $6,500 For Fiscal Year: 2011 to 2012 Appropriation Code Amount Appropriation Comment 315-93272 $6,500 Review Approval: Cover Memo Item # 11 Attachment number 1 Page 1 of 7 Item # 11 Attachment number 1 Page 2 of 7 Item # 11 Attachment number 1 Page 3 of 7 Item # 11 Attachment number 1 Page 4 of 7 Item # 11 Attachment number 1 Page 5 of 7 Item # 11 Attachment number 1 Page 6 of 7 Item # 11 Attachment number 1 Page 7 of 7 Item # 11 City Council Agenda Council Chambers -City Hall Meeting Date:10/20/2011 SUBJECT /RECOMMENDATION: Approve a one-year renewal of Blanket Purchase Order BR 506827 with Grosz Stamper Inc. of Tampa, FL, in the amount of $200,000 for the purchase of labor, materials and equipment to perform various concrete projects including sidewalks, slabs, and curbs for a variety of parks and recreation maintenance and construction projects and authorize the appropriate officials to execute same. (consent) SUMMARY: Staff is requesting that Blanket Purchase Order BR 506827 be renewed to Grosz Stamper Inc. of Tampa, FL who was the lowest most responsive bidder (Bid 24-10) for concrete sidewalks and flatwork in 2010. While the City is not obligated to use any or all of the amount being requested, in Fiscal Year 2010/2011 the City spent approximately $160,000 on various concrete work. With over 100 parks in the City, there is a steady supply of minor work projects needed to repair sidewalks and bike paths in parks, construct and repair bleacher pads, dugouts and flatwork at ballfields and parks. It is difficult and time consuming to get quotes and/or bids for each small project and we find that we get better pricing by going with larger contracts/Blanket Purchase Orders (BPO). Any large construction project that exceeds the $100,000 limit will be bid out separately according to current City policy and brought before the Council for approval. Grosz Stamper Inc. has been very responsive to the City’s needs this past year and after researching current costs for concrete work we discovered that the original bid price is still very competitive and lower than the competition. Funding for this BPO will come from a variety of operating and Capital Improvement codes in the Parks and Recreation Department. Type: Capital expenditure Current Year Budget?: Yes Budget Adjustment: No Budget Adjustment Comments: Current Year Cost: $200,000 Annual Operating Cost: $200,000 Not to Exceed: $200,000 Total Cost: $200,000 For Fiscal Year: 2011 to 2012 Appropriation Code Amount Appropriation Comment various codes $200,000 Bid Required?: Yes Bid Number: 24-10 Other Bid /Contract: Bid Exceptions: None Review Approval: Cover Memo Item # 12 City Council Agenda Council Chambers -City Hall Meeting Date:10/20/2011 SUBJECT /RECOMMENDATION: Award a contract (purchase order) to Restocon Corp. of Tampa, Florida, Bid 09-0011-PR-C for the concrete repair of the exterior columns, walkways and stairs at the Long Center located at 1501 N. Belcher Road, which includes a 10% contingency; for a net sum of $195,470.00 and approve the transfer of $32,459.08 from Long Center Infrastructure Repairs CIP 315-93278 to Aging Well Center budget CIP 315-93615 at first quarter and amend the project scope of the Aging Well Center project to include the entire Long Center for the purpose of the concrete repair of the exterior columns, walkways and stairs; and authorize the appropriate officials to execute same. (consent) SUMMARY: On August 21, 2003 the City Commission approved a five-year agreement from October 1, 2003 – September 30, 2008, with five, five-year renewable options, between the City of Clearwater and the Pinellas Community Center Inc., for the management and maintenance of the Long Center. This work is needed to repair structural damage to the columns, walkways and stairs at the Center. Prior to the City taking over the management and maintenance of the Long Center, the Pinellas Community Center Inc. made repairs to the columns. Unfortunately these repairs were not sufficient to take care of a spalling problem with the columns and we are now seeing visible signs of the cracking and spalling of concrete on and around the columns. The City hired structural engineers, McCarthy and Associates Inc. to evaluate the condition of the columns and make recommendations concerning the timing of repairs and specifications to correct the deficiencies. The study revealed that 28 of the columns were in need of repairs within the next 12 to 18 months and the remaining 34 columns needed attention within the next 2 to 6 years. Additionally repairs to joints in the stairs, beams and walkways are needed within 12 months. It is more cost effective to do all of this work at once rather than break it out over several projects and several years. This contract includes concrete repairs of all damaged exterior columns, plus all miscellaneous items including stair joint repairs, beam and walkway repairs. Also, a thicker new limestone finish will be installed on all columns. Staff is recommending that the balance of funds ($163,010.92) in the Aging Well Center budget 315-93615 be used for this project, since the original scope of the project was not only to construct the Aging Well Center but also to perform major capital maintenance at the Long Center including air conditioning & roofing. The project fits the scope in that this is a major capital maintenance project. Also, staff is recommending that $32,459.08 from the Long Center Infrastructure Repairs CIP 315-93278 be transferred to this budget at first quarter. Type: Capital expenditure Current Year Budget?: Yes Budget Adjustment: None Budget Adjustment Comments: Current Year Cost: $195,470.00 Annual Operating Cost: Not to Exceed: $195,470.00 Total Cost: $195,470.00 For Fiscal Year: 2011 to 2012 Appropriation Code Amount Appropriation Comment 315-93278 $32,459.08 Long Center Infrastructure Repairs 315-93615 $163,010.92 Aging Well Center Cover Memo Item # 13 Bid Required?: Yes Bid Number: 09-0011-PR-C Other Bid /Contract: Bid Exceptions: None Review Approval: Cover Memo Item # 13 BID ITEMS QTY UNIT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT I GENERAL CONDITIONS 1 PERMITS N/C N/C N/C N/C N/C 2 MOBILIZATION 1 LS $ 7,880.00 $ 7,880.00 $ 1,700.00 $ 1,700.00 $ 1,500.00 $ 6,000.00 $ 4,000.00 3 REPAIR MOCKUP 1 LS $ 2,800.00 $ 2,800.00 $ 395.00 $ 395.00 $ 800.00 $ 4,800.00 $ 500.00 4 EQUIPMENT 1 LS $ 16,000.00 $ 16,000.00 $ 6,915.00 $ 6,915.00 $ 1,500.00 $ 10,500.00 $ 13,500.00 5 PROTECTING EXISTING SURFACES 1 LS $ 2,300.00 $ 2,300.00 $ 1,275.00 $ 1,275.00 $ 1,500.00 $ 5,000.00 $ 2,500.00 6 SUPERVISION 1 LS $ 8,408.00 $ 8,408.00 $ 3,505.00 $ 3,505.00 $ 1,500.00 $ 16,000.00 $ 5,000.00 II DEMOLITION 7 REMOVE COATING AT COLUMNS (BEYOND CONCRETE REMOVAL) 2,000 SF $ 9.76 $ 19,520.00 $ 0.73 $ 1,460.00 $ 2,000.00 $ 3.00 $ 6,000.00 $ 3.00 $ 6,000.00 8 DISPOSE OF MATERIALS 1 LS $ 500.00 $ 500.00 $ 3,273.00 $ 3,273.00 $ 550.00 $ 4,500.00 $ 1,500.00 9 DUST CONTROL 1 LS $ 8,513.00 $ 8,513.00 $ 1,930.00 $ 1,930.00 $ 500.00 $ 8,500.00 $ 5,000.00 III CONCRETE REPAIRS 10 COLUMN SPALLS (FORM & POUR) 150 CF $ 245.00 $ 36,750.00 $ 365.00 $ 54,750.00 $ 265.00 $ 39,750.00 $ 225.00 $ 33,750.00 $ 325.00 $ 48,750.00 11 CRACK REPAIR BY EPOXY INJECTION 500 LF $ 23.45 $ 11,725.00 $ 30.40 $ 15,200.00 $ 18.50 $ 9,250.00 $ 24.00 $ 12,000.00 $ 20.00 $ 10,000.00 12 ANODES (XP2) 300 EA $ 41.55 $ 12,465.00 $ 54.00 $ 16,200.00 $ 35.00 $ 10,500.00 $ 63.00 $ 18,900.00 $ 60.00 $ 18,000.00 13 REPLACE #3 REBAR STIRRUPS 500 LF $ 11.20 $ 5,600.00 $ 8.00 $ 4,000.00 $ 4.50 $ 2,250.00 $ 5.40 $ 2,700.00 $ 12.50 $ 6,250.00 14 REBAR SPLICES 50 EA $ 9.60 $ 480.00 $ 48.00 $ 2,400.00 $ 35.00 $ 1,750.00 $ 82.00 $ 4,100.00 $ 115.00 $ 5,750.00 15 STAIR REPAIRS 10 CF $ 261.00 $ 2,610.00 $ 290.00 $ 2,900.00 $ 285.00 $ 2,850.00 $ 215.00 $ 2,150.00 $ 315.00 $ 3,150.00 16 BEAM REPAIRS 10 CF $ 254.00 $ 2,540.00 $ 315.00 $ 3,150.00 $ 285.00 $ 2,850.00 $ 295.00 $ 2,950.00 $ 340.00 $ 3,400.00 17 ELEVATED FLOOR REPAIRS 10 CF $ 248.00 $ 2,480.00 $ 290.00 $ 2,900.00 $ 255.00 $ 2,550.00 $ 207.00 $ 2,070.00 $ 330.00 $ 3,300.00 IV COATING APPLICATION 18 CORROSION INHIBITOR 2,000 SF $ 2.53 $ 5,060.00 $ 1.65 $ 3,300.00 $ 1.25 $ 2,500.00 $ 2.00 $ 4,000.00 $ 2.00 $ 4,000.00 19 ENTIRE COLUM SURFACE COATING (THERMOFLEX) 67 LS $ 81,931.00 $ 49,530.00 $ 1,100.00 $ 73,700.00 $ 1,120.00 $ 75,040.00 $ 279,000.00 LONG CENTER CONCRETE REPAIR OF EXTERIOR COLUMNS 09-0011-PR-C BID OPENING -THURSDAY, SEPTEMBER 29, 2011 AWARD -THURSDAY, OCTOBER 20, 2011 WILSON KEHOE MILLER CORP. STRUCTURAL PRESERVATION SYSTEMS CA LINDMAN OF S. FLORIDA. INC. R.L. JAMES, INC. RESTOCON CORP. Item # 13 BID ITEMS QTY UNIT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT LONG CENTER CONCRETE REPAIR OF EXTERIOR COLUMNS 09-0011-PR-C BID OPENING -THURSDAY, SEPTEMBER 29, 2011 AWARD -THURSDAY, OCTOBER 20, 2011 WILSON KEHOE MILLER CORP. STRUCTURAL PRESERVATION SYSTEMS CA LINDMAN OF S. FLORIDA. INC. R.L. JAMES, INC. RESTOCON CORP. 20 PAINTING TOUCH-UP 1 LS $ 1,750.41 $ 1,600.00 $ 500.00 $ 500.00 $ 1,400.00 $ 2,500.00 V MISCELLANEOUS 21 MISCELLANEOUS MASONRY WALL REPAIRS 1 LS $ 4,000.00 $ 4,000.00 $ 4,000.00 $ 4,000.00 $ 4,000.00 $ 4,000.00 22 MISCELLANEOUS REPAIR ALLOWANCE 1 LS $ 10,000.00 $ 10,000.00 $ 10,000.00 $ 10,000.00 $ 10,000.00 $ 10,000.00 23 PERFORMANCE SURETY BOND 1 LS $ 4,706.54 $ 4,640.00 $ 3,900.00 $ 3,900.00 $ 4,500.00 $ 13,143.00 24 CLEANUP & DEMOBILIZATION 1 LS $ 4,400.00 $ 2,890.00 $ 1,500.00 $ 1,500.00 $ 3,000.00 $ 2,000.00 SUBTOTAL (ITEMS 1-24) $ 252,418.95 $ 197,913.00 $ 177,700.00 $ 241,860.00 $ 451,243.00 25 10% CONTINGENCY 1 LS $ 25,241.90 $ 19,791.30 $ 17,770.00 $ 24,186.00 $ 45,124.30 TOTAL BID (ITEMS 1-25) $ 277,660.85 $ 217,704.30 $ 195,470.00 $ 266,046.00 $ 496,367.30 ALTERNATE BID 1 CONTRACTOR COLUMN REPAIRS DURING THE HOURS OF 3:00 PM TO 12:00 MIDNIGHT OF BUILDING 400. CONTRACTOR SHALL PROVIDE ONLY THE ADDITIONAL COST TO PERFORM THE WORK AT THIS STATED SCHEDULED TIME 1 LS $ 49,502.50 0 $ -0 $ -22 $ 22.00 $ -0 Item # 13 BID ITEMS QTY UNIT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT LONG CENTER CONCRETE REPAIR OF EXTERIOR COLUMNS 09-0011-PR-C BID OPENING -THURSDAY, SEPTEMBER 29, 2011 AWARD -THURSDAY, OCTOBER 20, 2011 WILSON KEHOE MILLER CORP. STRUCTURAL PRESERVATION SYSTEMS CA LINDMAN OF S. FLORIDA. INC. R.L. JAMES, INC. RESTOCON CORP. 1 OH&P Percentage for materials purchased on a time and material basis 19% 15% 15% 20% 15% 2 OH&P Percentage for general contractor for sub-contractor service for additional work 20% 15% 15% 20% 15% 3 Labor rate for work performed on a time & material basis (include all taxes and fringe benefits $55.00 $42.00 $45.00 $55.00 $45.00 ADD $____% ADD $_____/HR Unit Prices increases/decreases of actual quantites shall be per the Schedule of Values ADD $____% Item # 13 Attachment number 2 Page 1 of 16 Item # 13 Attachment number 2 Page 2 of 16 Item # 13 Attachment number 2 Page 3 of 16 Item # 13 Attachment number 2 Page 4 of 16 Item # 13 Attachment number 2 Page 5 of 16 Item # 13 Attachment number 2 Page 6 of 16 Item # 13 Attachment number 2 Page 7 of 16 Item # 13 Attachment number 2 Page 8 of 16 Item # 13 Attachment number 2 Page 9 of 16 Item # 13 Attachment number 2 Page 10 of 16 Item # 13 Attachment number 2 Page 11 of 16 Item # 13 Attachment number 2 Page 12 of 16 Item # 13 Attachment number 2 Page 13 of 16 Item # 13 Attachment number 2 Page 14 of 16 Item # 13 Attachment number 2 Page 15 of 16 Item # 13 Attachment number 2 Page 16 of 16 Item # 13 City Council Agenda Council Chambers -City Hall Meeting Date:10/20/2011 SUBJECT /RECOMMENDATION: Ratify and confirm the City Manager’s approval to support Make a Difference Fishing Tournament by waiving the loss of parking revenue in the amount of $3,350. (consent) SUMMARY: On March 17, 2011, the City Council approved an agenda item for co-sponsorship and level of support for events to be held in Fiscal Year 2011/2012. Unfortunately, Make a Difference Fishing Tournament (MADFT) was not included on the original list approved by the Council. Being there were no costs to the general fund departments MADFT was not included in the agenda item; however, this was an oversight as MADFT should have been included to cover the loss of revenue to the parking system. In order to make sure that the event, which was held on October 1, went smoothly the City Manager approved supporting MADFT and waiving the loss of parking revenue of $3,350. Staff is recommending that the Council ratify and confirm the City Manager’s decision. Review Approval: Cover Memo Item # 14 City Council Agenda Council Chambers -City Hall Meeting Date:10/20/2011 SUBJECT /RECOMMENDATION: Approve a Model Agreement for Commission of Public Artwork to be utilized for commissions of public artwork under the provisions of Ordinance 7489-05, as amended, and through the procedures of the Public Art and Design Program, and authorize the City Manager and/or his designee to approve such agreements. (consent) SUMMARY: The Clearwater Public Art and Design Program Model Agreement for Commission of Public Artwork is based on the annotated Model Public Art Commission Agreement created by the arts advocacy group, Americans for the Arts as a means of incorporating best practices in the field of public artwork into the commission agreements used by public art programs throughout the country. Over 100 public artists and legal experts in art law assisted in drafting the Model Agreement prior to its distribution. The Americans for the Arts agreement has been modified to fit the requirements of the City of Clearwater and is submitted for review and approval of the City Council. The Model Agreement for Commission of Public Artwork has been reviewed by the City’s Legal Department and is consistent with other City contracts for artwork in necessary fields such as copyright, indemnity, insurance, and others. Since there will be numerous agreements for the commission of public artwork in the future, staff is recommending that the City Manager or his designee be authorized to enter into these agreements similar to previous artwork commission agreements in accordance with City of Clearwater’s Purchasing Policies and Procedures. Review Approval: Cover Memo Item # 15 1 MODEL AGREEMENT FOR COMMISSION OF PUBLIC ARTWORK THIS AGREEMENT for commission of public artwork made and entered into this ________________ by and between ____________ (hereafter called the “Artist”) whose address is _____________________ and the CITY OF CLEARWATER, FLORIDA, a municipal corporation of the State of Florida, located at 112 South Osceola Avenue, Clearwater, FL 33756 (hereafter called the “City”) (each individually referred to herein as “Party” or collectively as the “Parties”). WITNESSETH: WHEREAS, the CITY has implemented the Clearwater Public Art and Design Program (hereafter called the “Program”) pursuant to ORDINANCE NO. 7489-05 as amended, in ORDINANCE NO. 8026-09, by allocating not less than one percent (1%) of the total construction budget of eligible capital improvement projects for the purchase and installation of on-site public artwork; and WHEREAS, authority lies with the City to make payments for the acquisition, design execution, fabrication, transportation, and installation of Artwork, including payments for the support of an artist selection process, design execution, fabrication, transportation and installation of Artwork; and WHEREAS, the City’s __________________________is an eligible capital improvement project subject to Program requirements; and WHEREAS, the Artist was selected by the City through an open Call to Artists process adopted by the City to commission the Artwork as further described in Exhibit A; and WHEREAS, the Artist is a recognized artist whose work and reputation make the Artist uniquely qualified to create the Artwork; and Attachment number 1 Page 1 of 33 Item # 15 2 WHEREAS, the Artist wishes to create a unique Artwork valued at $______________ to be installed in a public space in proximity to the _________________ located at or near _______________(hereafter called the “Site”); and WHEREAS, the Artist and City wish to undertake the obligations expressed herein; NOW, THEREFORE, in consideration of the above-stated premises and for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged by the parties, subject to the conditions hereinafter set forth, the parties agree as follows: ARTICLE 1: SCOPE OF SERVICES 1.1 Recitals The foregoing recitals are incorporated into and made a part of this Agreement for Commission of Public Artwork, and the Parties acknowledge and agree that such recitals are true and correct. 1.2 Artist’s Obligations a. The Artist shall perform all services and furnish all supplies, materials and equipment as necessary for the design and fabrication of the Artwork at the Artist’s studio in accordance with the specified schedule further described in Exhibit B. Services shall be performed in a professional manner and in strict compliance with all terms and conditions in this Agreement. b. The Artist shall determine the artistic expression, design, dimensions and materials of the Artwork, subject to review and acceptance by the City as set forth in this Agreement. To ensure that the Artwork as installed shall not interfere with the intended use of the Site, underground utilities, pedestrian and other traffic flow, parking, and safety devices and procedures at the Site, the Artist’s proposal shall be reviewed and approved by the City, other applicable city departments including, but not limited to: Building, Engineering, Marine & Aviation, Parks & Attachment number 1 Page 2 of 33 Item # 15 3 Recreation, Public Works, Risk Management, Traffic Engineering and others, where appropriate, to ensure compliance with these objectives. c. The Artist shall prepare the design concept and the corresponding budget described in Section 1.4 and Exhibit C of this Agreement. The design concept shall include a description of all materials and products utilized in the Artwork and the required routine care and upkeep involved. d. The Artist shall prepare structural drawings detailing the Artwork and its integration and relation to the Site. As determined by the City, the Artist shall provide to the City a certification from a qualified, licensed engineer that the Artwork will be of adequate structural integrity (including foundation loads, wind loads, and potential live loads) to ensure the safety and welfare of the City and its officers, employees, agents, servants, and the general public. Such drawings will confirm to all applicable federal, state, and local laws and regulations. e. The Artist shall attend public information meetings with the general public, attend design and construction coordination meetings with the City, general contractor, architect and other parties, as appropriate, to communicate about the Artwork and ensure appropriate integration and/or installation of the Artwork. f. The Artist shall complete the fabrication of the Artwork by the scheduled installation date as provided in Section 1.5 and Exhibit B of this Agreement. g. The Artist shall secure any and all required licenses, permits and similar legal authorizations at the Artist’s expense as may be necessary for the installation and maintenance of the Artwork at the Site. h. The Artist shall arrange the transportation and installation of the Artwork in consultation with the City. If the Artist does not install the Artwork himself or herself, the Artist shall supervise and approve of the installation. Attachment number 1 Page 3 of 33 Item # 15 4 i. The Artist shall provide the required insurance in amounts and limits specified in Article 6 and Exhibit D. j. The Artist shall provide a list of all subcontractors along with a copy of the Agreement between the artist and each subcontractor. k. The Artist shall provide a maintenance manual with a description of all materials and products utilized in the Artwork and the required care and upkeep involved further described in Exhibit E. l. The Artist represents that the Artwork is made of durable material and will withstand the usual weather and climate in the area; m. The Artist shall provide photographic documentation of the Artwork. n. The Artist shall provide the City with a written condition report of the Artwork after installation. o. The Artist shall be available with reasonable advance notice for meetings, ceremonies and the like, as necessary. 1.3 City’s Obligations a. The City shall perform all obligations in compliance with all terms and conditions in this Agreement. b. The City shall be responsible for providing the Artist, at no expense to the Artist, copies of existing designs, drawings, reports, list of required permits, and other existing relevant data, if any, which is needed by the Artist in order to perform the Artist Obligations described in this Agreement. Attachment number 1 Page 4 of 33 Item # 15 5 c. The City shall be responsible for compliance with all applicable laws and regulations, including but not limited to zoning or environmental regulations, and shall explain any limitations imposed by such laws and/or regulations to the Artist. d. The City shall prepare the Site in accordance with the specifications contained in the approved design concept in Section 1.4 and Exhibit A of this Agreement. The City shall be responsible for all expenses, labor and equipment to prepare the Site for the timely transportation and installation of the Artwork. The City shall complete the Site preparations by the scheduled installation date as provided in Section 1.4 and Exhibit B of this Agreement, or shall contact the Artist in writing informing him or her of any delays. e. The City shall provide and install a plaque on or near the Artwork containing a credit to the Artist and a copyright notice substantially in the following form: Copyright © _____________ [date of completion]. f. The City shall not use the Artist’s name or misuse of the Artwork which would reflect discredit on the Artist’s reputation as an artist or which would violate the spirit of the Artwork, should such use or misuse be within the City’s detection or control. g. The City shall be responsible for leading the Artist through the required review process. The City shall be responsible for organizing and scheduling meetings with review entities such as the City Council, Building Permit Review Committee and other applicable City departments, and for providing the Artist written instructions for the materials required at such meetings. h. The City shall routinely clean, care for, and maintain the Artwork after installation and final acceptance of the Artwork and will abide by the recommendations described and included in Exhibit E, the Maintenance Manual. Attachment number 1 Page 5 of 33 Item # 15 6 1.4 Design a. Concept/Schematic i. The Artist shall visit, examine, research and consider the Site and surrounding area. If necessary, the Artist shall also be available to consult with representatives of the community and consider their input and concerns. ii. The Artist was selected pursuant to a competition organized for the procurement of an artist to design and fabric an Artwork suitable for the current project. Within thirty (30) days of the execution of this Agreement, the Artist shall submit to the City the design concept (hereafter called the “Design”) in the form of detailed drawings, models, and other supporting documents as necessary as are required to present a meaningful representation of the Artwork. iii. The Design will include: a description of the method by which the Artwork is to be fabricated and installed; a description of any operational, maintenance and conservation requirements for the Artwork; a description of the placement of the Artwork at the Site and any site preparations that the City may be required to furnish, including, but not limited to, any changes or modifications to any utility system, above or below ground, or structure of the Site as necessary. iv. The Design must provide sufficient detail to allow for the City to assure compliance with applicable local, state or federal laws, ordinance and/or regulations. v. The Artist shall attach to the Design a detailed budget for the design, fabrication and installation of the Artwork, including costs for Site preparation, as described in Section 1.4 of this Agreement and in Exhibit C. Attachment number 1 Page 6 of 33 Item # 15 7 b. Approval i. Within thirty (30) days after the Artist submits the Design, the City shall notify the Artist whether it approves or disapproves of the Design. The City shall have discretion in approving outright or with conditions, or rejecting the Design. The City shall notify the Artist of any revisions to the Design as are necessary for the Artwork to comply with any applicable laws, ordinances and/or regulations and other reasons including, but not limited to, ensuring the physical integrity of the Artwork or its installation at the Site. If agreed upon by both parties, such revisions will become a part of the accepted Design. ii. If the City disapproves of the Design, the City will submit to the Artist in writing the reasons for such disapproval. In such event, the Artist will submit a Revised Design within thirty (30) days after the City has notified the Artist of its disapproval. The Artist will not be paid an additional fee for the Revised Design. c. Redesign i. The Revised Design will reflect changes made to address the City’s stated reasons for disapproval, as well as any adjustments in the budget or schedule that may be necessary. The City shall notify the Artist in writing whether it approves or disapproves of the Revised Design within sixty (60) days after the Artist submits the Revised Design. ii. If the Artist refuses to revise the Design pursuant to Section 1.4, or if the Artist fails to adequately revise the Design in the judgment of the City, this Agreement shall terminate and the parties shall be under no further obligation to each other as of the date of such termination. The effective date of termination shall be the date the City submits its written disapproval of the Revised Design to the Artist. The City shall submit to the Artist a written termination notice with the disapproval. The termination notice shall advise the Artist that this Agreement has been terminated pursuant to this Article. The Attachment number 1 Page 7 of 33 Item # 15 8 termination notice shall notify the Artist that the Artist is entitled to retain the compensation paid prior to the termination date, and that the parties are under no further obligation to each other. The termination notice shall confirm that the Artist shall retain ownership of all Designs, Revised Designs and renderings thereof submitted as part of the terms of this Agreement. d. Final/Construction Documents i. The Artist shall prepare structural drawings detailing every physical feature of the construction of the Artwork and its integration with the Site. These drawings shall indicate any risks involved in the construction, integration, and maintenance of the Artwork, as well as any third party subcontractors needed to work on the project. ii. The Artist shall present such drawings to a qualified engineer, licensed by the state and paid by the Artist, for certification that the Artwork will be of adequate structural integrity and the Artist shall provide the City with such certification. iii. Where appropriate, the Artist shall present the Design to a qualified conservator, who will make recommendations on the maintenance of the Artwork, and the Artist shall provide a written copy of the conservator’s recommendations to the City. iv. The Artist shall present to the City recommendations on the scheduled maintenance of the Artwork to be attached to this Agreement as Exhibit E, the Maintenance Manual. 1.5 Budget, Payment Schedule, Construction Schedule and Progress Reports a. Budget i. The Artist shall prepare a budget, which shall include all goods, services and materials, with such costs itemized, including, but not limited to costs for: materials and applicable Attachment number 1 Page 8 of 33 Item # 15 9 sales tax; off-site fabrication costs; Artist’s time invested in coordination, fabrication and supervision of installation; fees for required licenses, permits and similar legal authorizations; fees for the labor of assistants; itemized general contractor and subcontractor fees, if applicable; insurance; Artist’s travel; transportation of the Artwork to the Site; itemized installation costs; any applicable local, state or federal taxes; and a ten-percent (10%) contingency to cover any unforeseen costs that may arise. This Budget will be attached to this Agreement as Exhibit C. ii. Calculation of the Budget will take into consideration the possible inflation of service and material costs between the date of execution of this Agreement and the anticipated completion date. iii. The Artist shall keep a log of the Artist’s project hours and shall retain all original receipts pertaining directly to the project. iv. If the Artist incurs costs in excess of the amount listed in the Budget, the Artist shall pay such excess from the Artist’s own funds unless the Artist previously obtained approval for such costs from the City, or if such costs were the result of actions or inaction of the City. b. Schedule i. The Artist shall notify the City of the tentative Schedule for the fabrication and installation of the artwork, attached to this Agreement as Exhibit B. This will include a schedule for the submission of progress reports and inspections, and for the payment of Budget installments, if any. The Schedule may be amended by written agreement of both parties. Attachment number 1 Page 9 of 33 Item # 15 10 1.6 Fabrication a. The Artist shall fabricate and install, or supervise the installation, of the Artwork in substantial conformity with the Design. The Artist may not deviate from the approved Design without written approval of the City. b. The Artist shall take reasonable measures to protect or preserve the integrity of the Artwork such as the application of protective or anti-UV or anti-graffiti coatings, if applicable, unless the City disapproves. c. The City shall have the right to review the Artwork at reasonable times during the fabrication thereof upon reasonable notice. d. If the City, upon review of the Artwork, determines the Artwork does not conform to the Design or Revised Design, the City reserves the right to notify the Artist in writing of the deficiencies and that the City intends to withhold the next budget installment as projected in Exhibit B. e. The Artist will promptly cure the City’s objections and will notify the City in writing of completion of the cure. The City shall promptly review the Artwork, and upon approval shall release the next budget installment. If the Artist disputes the City’s determination that the Artwork does not conform, the Artist shall promptly submit reasons in writing to the City within thirty (30) days of the City’s prior notification to the contrary. The City shall make reasonable efforts to resolve the dispute with the Artist in good faith. However, final determination as to whether the Artist has complied with the terms of this Agreement shall remain with the City. f. The Artist shall notify the City in writing when the fabrication of the Artwork has been completed, and that the Artwork is ready for delivery and installation at the Site, if the artwork was fabricated off-site. Attachment number 1 Page 10 of 33 Item # 15 11 g. The City shall inspect photographic documentation of the completed Artwork within thirty (30) days after receiving notification pursuant to Section 1.6(f), to determine that the Artwork conforms to the Design or Revised Design and to give final approval of the Artwork. The City shall not unreasonably withhold final approval of the fabricated artwork. In the event that the City does withhold final approval, the City shall submit the reasons for such disapproval in writing within fifteen (15) days of examining the fabricated artwork. The Artist shall then have sixty (60) days from the date of the City’s notice of the disapproval to make the necessary adjustments to the fabricated Artwork in accordance with such writing. The Artist shall not be penalized for any delay in the delivery and installation of the Artwork to the Site unless the Artist has willfully and substantially deviated from the Design without the prior approval of the City. The Artist shall then be held responsible for any expenses incurred in correcting such deviation. h. The City shall promptly notify the Artist of any delays impacting installation of the Artwork. Any additional storage fees incurred as a result of such delays are the responsibility of the City. The Artist shall be required to inspect the Site prior to the transportation and installation of the Artwork and shall notify the City of any adverse Site conditions that will impact the installation of the Artwork which are in need of correction. 1.7 Changes to Design a. Prior to the execution of any change in the approved Design, the Artist shall present all proposed changes in writing to the City for further review and approval. The Artist must provide a detailed description of any significant changes to the artistic expression, design, dimensions and materials of the Artwork that is not permitted by nor in substantial conformity with the already approved design. Such notice will also include a detailed description of any additional costs that may be incurred or changes in the budget. A significant change is any change which materially affects Attachment number 1 Page 11 of 33 Item # 15 12 installation, scheduling, site preparation or maintenance of the Artwork or the concept of the Artwork as represented in the Design. b. If the City approves the changes, the City shall promptly notify the Artist in writing. The City will also make the required presentations to the appropriate approval bodies including, but not limited to: City Council, the Public Art & Design Board, and the appropriate city departments including Engineering, Environmental, Planning and Public Works. c. If the City Disproves of the changes, the City shall promptly notify the Artist in writing and the Artist shall continue to fabricate the Artwork in substantial conformity with the Design. d. The Artist’s fee shall be equitably adjusted for any increase or decrease in the Artist’s cost of, or time required for, performance of any services under this Agreement as a result of revisions made, requested by the City, in writing, to the Design under Section 1.7(a). Any claim of the Artist for adjustment under this paragraph must be asserted in writing within thirty (30) days of the date of the revision by the Artist. 1.8 Installation a. Upon the City’s final approval of the fabricated Artwork, as being in conformity with the Design, the Artist shall deliver and install, or supervise the installation, of the completed Artwork to the Site in accordance with the schedule provided for in Section 1.5(b) and Exhibit B. Transportation fees shall be paid by the Artist. b. The Artist will coordinate closely with the City to ascertain that the Site is prepared to receive the Artwork. The Artist must notify the City of any adverse conditions at the Site that would affect or impede the installation of the Artwork. The Artist is responsible for the timely installation of the Artwork. The Artist will confer and coordinate with the City to ensure the timely Attachment number 1 Page 12 of 33 Item # 15 13 coordination with the City’s construction team. The Artist may not install the Artwork until authorized to do so by the City. c. The Artist shall be present to install, or supervise the installation of, the Artwork. d. Upon written acceptance of the installation, the Artwork shall be deemed to be in the custody of the City for purposes of this Agreement. e. Within fifteen (15) days after installation of the Artwork, the Artist shall furnish the City with the following photographs of the Artwork as installed: A set of three (3) digital, 300 dpi, JPG or TIFF files, of the Artwork, one taken from each of three different viewpoints, provided to the City on a CD-Rom or other memory device. Photographs must be labeled with the name of the Artwork, the date upon which the photograph was taken, and the viewpoint from which the photograph was taken. The Artist shall also furnish the City with a full written narrative description of the Artwork. f. Upon installation of the Artwork, the Artist shall provide the City with written instructions for the appropriate maintenance and preservation of the Artwork along with product data sheets for any material or finish used, attached as Exhibit E. The Artwork must be durable, taking into consideration that the Site is an unsecured public space that may be exposed to elements such as weather, temperature variation, and considerable movement of people and equipment. The Artist must ensure that all maintenance requirements will be reasonable in terms of time and expense. The City is responsible for the proper care and maintenance of the Artwork. Attachment number 1 Page 13 of 33 Item # 15 14 1.9 Approval and Acceptance a. The Artist shall notify the City in writing when all services as required of both parties by this Agreement prior to this paragraph have been completed in substantial conformity with the Design. b. The City shall promptly notify the Artist of its final acceptance of the artwork within fifteen (15) days after the Artist submitted written notice pursuant to Section 1.9(a) above. The effective date of final acceptance shall be the date the City submits written notice to the Artist of its final acceptance of the Artwork. The final acceptance shall be understood to mean that the City acknowledges completion of the Artwork in substantial conformity with the Design, and that the City confirms that all services as required of both parties by this Agreement prior to this paragraph have been completed. Title to the Artwork passes upon final acceptance and final payment. c. If the City disputes that the services have been performed, the City shall notify the Artist in writing of those services the Artist has failed to perform within fifteen (15) days after the Artist submitted written notice pursuant to Section 1.9(a) above. The Artist shall promptly perform those services indicated by the City. d. If the Artist disputes the City’s determination that not all services have been performed, the Artist shall submit reasons in writing to the City within fifteen (15) days of the City’s prior notification to the contrary. The City shall make reasonable efforts to resolve the dispute with the Artist in good faith. However, final determination as to whether all services have been performed shall remain with the City. e. Upon the resolution of any disputes that arise under paragraphs (c) and (d) of this section the City shall notify the Artist of its final acceptance of the Artwork pursuant to paragraph (b). Attachment number 1 Page 14 of 33 Item # 15 15 f. After final acceptance of the Artwork, the Artist shall be available at such time(s) as may be mutually agreed upon by the City and the Artist to attend any public meetings and community outreach functions, as well as any inauguration or presentation ceremonies relating to the dedication of the Artwork. i. During such public presentations by the Artist, the Artist shall acknowledge the City’s role in funding the artwork. ii. The City shall be solely responsible for coordinating public information materials and activities related to public presentations. ARTICLE 2: TAXES Any state or federal sales, use of excise taxes, or similar charges relating to the services and materials under this Agreement shall be paid by the Artist in a timely fashion. The City shall report payments made to the Artist annually to the Internal Revenue Department in a 1099 statement. ARTICLE 3: TERM OF AGREEMENT a. Duration This Agreement shall be effective on the date that this contract has been signed by both parties, and, unless terminated earlier pursuant to such provisions in the Agreement, shall extend until final acceptance by the City under Section 1.8(b), or submission of final payment to the Artist by the City under Exhibit B, whichever is later. Extension of time of performance hereunder may be granted upon request of one party and the consent of the other thereto, which consent shall not be unreasonably withheld. Such extension shall be in writing, signed by both parties, and attached to the schedule under Section 1.5(b)(i), attached as Exhibit B. Attachment number 1 Page 15 of 33 Item # 15 16 b. Force Majeure The City shall grant to the Artist a reasonable extension of time in the event that conditions beyond the Artist’s control render timely performance of the Artist’s services impossible or unduly burdensome. All such performance obligations shall be suspended for the duration of the condition. Both parties shall take all reasonable steps during the existence of the condition to assure performance of their contractual obligations when the condition no longer exists. Failure to fulfill contractual obligations due to conditions beyond either party’s reasonable control will not be considered a breach of contract, provided that such obligations shall be suspended only for the duration of such conditions. ARTICLE 4: RISK OF LOSS The Artist shall bear the risk of loss or damage to the Artwork until the City’s final acceptance of the Artwork under Section 1.9(b). These risks include, but are not limited to: theft; vandalism or any act by a third party; damage caused by acts of god, war or natural conditions/disasters; and any loss occurring during the fabrication, storage, transportation, delivery and installation regardless of where such loss occurs until the City’s final acceptance of the Artwork. The Artist shall take such measures as are reasonably necessary to protect the Artwork from loss or damage. The City shall bear the risk of loss or damage to the Artwork prior to final acceptance only if, during such time, the partially or wholly completed Artwork is in the custody, control or supervision of the City or its agent(s) for the purposes of transporting, storing, installing or performing other services to the artwork. Attachment number 1 Page 16 of 33 Item # 15 17 ARTICLE 5: ARTIST’S REPRESENTATIONS AND WARRANTIES 5.1 Warranties of Title The Artist represents and warrants that, and hereby fully indemnifies the City for any infringements or claims related to the following: a. The Artwork is solely the result of the artistic effort of the Artist. b. Except as otherwise disclosed in writing to the City, the Artwork is unique and original and does not infringe upon any copyright or the rights of any person. c. The Artwork (or any duplicate thereof) has not been accepted for sale elsewhere. d. The Artist has not sold, assigned, transferred, licensed, granted, encumbered or utilized the Artwork or any element thereof or any copyright related thereto which may affect or impair the rights granted pursuant to this Agreement. e. The Artwork is free and clear of any liens from any source whatsoever. f. All Artwork created or performed by the Artist under this Agreement, whether created by the Artist alone or in collaboration with others, shall be wholly original with the Artist and shall not infringe upon or violate the rights of any third party. g. The Artist has the full power to enter into and perform this Agreement and to make the grant of rights contained in this Agreement. h. All services performed hereunder shall be performed in accordance with all applicable laws, regulations, ordinances, etc. and with all necessary care, skill and diligence. i. These representations and warranties shall survive the termination or other extinction of this Agreement. Attachment number 1 Page 17 of 33 Item # 15 18 5.2 Warranties of Quality and Condition a. The Artist represents and warrants that all work will be performed in accordance with professional “workmanlike” standards and free from defective or inferior materials and workmanship (including any defects consisting of “inherent vice,” or qualities that cause or accelerate deterioration of the Artwork for one (1) year after the date of final acceptance by the City under Section 1.9(b). b. The Artist represents and warrants that the Artwork and the materials used are not currently known to be harmful to public health and safety. c. The Artist represents and warrants that reasonable maintenance of the Artwork will not require procedures substantially in excess of those described in the maintenance and preservation recommendations submitted by the Artist pursuant to Section 1.8(f). d. If within one (1) year the City observes any breach of warranty described in this Section 5.2 that is curable by the Artist, the Artist shall, at the request of the City, cure the breach promptly, satisfactorily and consistent with professional conservation standards, at no expense to the City. The City shall give notice to the Artist of such breach with reasonable promptness. e. If after one (1) year the City observes any breach of warranty described in this Section 5.2 that is curable by the Artist, the City shall contact the Artist to make or supervise repairs or restorations at a reasonable fee during the Artist’s lifetime. The Artist shall have the right of first refusal to make or supervise repairs or restorations. Should the Artist be unavailable or unwilling to accept reasonable compensation under the industry standard, the City may seek the services of a qualified restorative conservator and maintenance expert. f. If within one (1) year the City observes a breach of warranty described in this Section 5.2 that is not curable by the Artist, the Artist is responsible for reimbursing the City for damages, expenses Attachment number 1 Page 18 of 33 Item # 15 19 and loss incurred by the City as a result of the breach. However, if the Artist disclosed the risk of this breach in the Proposal and the City accepted that it may occur, it shall not be deemed a breach for purposes of this Section 5.2 of this Agreement. g. Acceptable Standard of Display The Artist represents and warrants that: i. General routine cleaning and repair of the Artwork and any associated working parts and/or equipment will maintain the Artwork within an acceptable standard of public display. ii. Foreseeable exposure to the elements and general wear and tear will cause the Artwork to experience only minor repairable damages and will not cause the Artwork to fall below an acceptable standard of public display. iii. With general routine cleaning and repair, and within the context of foreseeable exposure to the elements and general wear and tear, the Artwork will not experience irreparable conditions that do not fall within an acceptable standard of public display, including mold, rust, fracturing, staining, chipping, tearing, abrading and peeling. iv. To the extent the Artwork incorporates products covered by a manufacturer’s warranty, the Artist shall provide copies of such warranties to the City. The foregoing warranties are conditional and shall be voided by the failure of the City to maintain the Artwork in accordance with the Artist’s specifications and the applicable conservation standards. If the City fails to maintain the Artwork in good condition, the Artist, in addition to other rights or remedies the Artist may have in equity or at law, shall have the right to disown the Artwork as the Artist’s Attachment number 1 Page 19 of 33 Item # 15 20 creation and request that all credits be removed from the Artwork and reproductions thereof until the Artwork’s condition is satisfactorily repaired. ARTICLE 6: INSURANCE 6.1 General a. The Artist acknowledges that until final acceptance of the Artwork by the City under Section 1.8(b), any injury to property or persons caused by the Artist’s Artwork or any damage to, theft of, vandalism to, or acts of God affecting the Artist’s Artwork are the sole responsibility of the Artist, including, but not limited to, any loss occurring during the creation, storage, transportation or delivery of the Artist’s Artwork, regardless of where such loss occurs. b. Terms for the procurement and duration of insurance as well as required insurance policies are provided and described in Exhibit D. c. The Artist shall, prior to the execution of this Agreement, provide certificates of insurance evidencing Worker’s Compensation, Employer’s Liability, General Liability and Automobile Liability insurance. If any insurance policy is due to expire during the period of installation, the Artist shall provide a certificate of renewal evidencing the required insurance coverage to the City not less than fifteen (15) days prior to the expiration date. 6.2 Indemnification a. The Artist shall indemnify and hold free and harmless, assume legal liability for and defend the City and its officers, employees, agents and servants, whether they are current or former, from and against all actions, claims, liabilities, assertions of liability, losses, costs and expenses, in law or in equity, including, but not limited to: attorney’s fees at trial and appellate levels; reasonable investigative and discovery costs; court costs; claims for bodily injury or death of persons and for Attachment number 1 Page 20 of 33 Item # 15 21 loss or damage to property, expect as provided herein, of every kind and nature whatsoever, which in any manner directly or indirectly may arise or be alleged to have arisen from the fabrication, transportation and/or installation of the Artwork as a result of the duties and obligations as required by this Agreement or that which has resulted or alleged to have resulted from the negligent acts or omissions or other wrongful conduct of, or the infringement of any copyright by the Artist and/or their subcontractors, employees and agents in connection with the Artist’s performance pursuant to this Agreement. b. To the extent of Florida Statute 768.28, the City shall indemnify the Artist, Artist’s subcontractors, agents or employees from any claims brought arising out of a negligent breach of this Agreement or any negligent occurrence which occurs pursuant to the performance of this Agreement by the City, its respective officers, agents, and employees. Notwithstanding the above, this provision shall not be deemed a waiver of the doctrine of sovereign immunity or the limits of Florida Statute 768.28, and shall no way be construed as consent to be sued by third parties. c. Each party shall immediately notify the other of any written claim regarding any such matter resulting from or relating to the party’s obligations under this Agreement. Each party shall cooperate, assist and consult with the other in the defense or investigation of any such claim arising out of or relating to the performance of this Agreement. d. This indemnification shall survive the termination or expiration of this Agreement. e. Notwithstanding, any provision of this Agreement to the contrary, no party shall recover from a party to this Agreement in an action, of whatever nature, in contract or tort, any consequential or incidental damages, lost profits, or any type of expectancy damages. Attachment number 1 Page 21 of 33 Item # 15 22 ARTICLE 7: OWNERSHIP AND INTELLECTUAL PROPERTY RIGHTS 7.1 Title Title to the Artwork shall pass to the City upon the City’s written final acceptance and payment for the Artwork pursuant to Exhibit F. The Artist shall provide the City with a Transfer of Title in substantially the form attached hereto as Exhibit F. 7.2 Ownership of Documents One set of presentation materials prepared and submitted under this Agreement shall be retained by the City for possible exhibition and to hold for permanent safekeeping. 7.3 Copyright Ownership The Artist retains all rights under the Copyright Act of 1976, 17 U.S.C. § 101 et seq., as the sole author of the Artwork for the duration of the copyright. 7.4 Reproduction Rights a. In view of the intention that the final Artwork shall be unique, the Artist shall not make any additional exact duplicate three-dimensional reproductions of the final Artwork, nor shall the Artist grant permission to others to do so except with the written permission of the City. However, nothing shall prevent the Artist from creating future Artworks in the Artist’s manner and style of artistic expression. b. The Artist grants to the City and its assigns an irrevocable license to make two-dimensional reproductions of the Artwork for non-commercial purposes, including, but not limited to, reproductions used in brochures, media publicity, and exhibition catalogues or other similar publications provided that these rights are exercised in a tasteful and professional manner. Attachment number 1 Page 22 of 33 Item # 15 23 c. All reproductions by the City shall contain a credit to the Artist and a copyright notice in substantially the following form: Copyright © _____________ [date of completion]. d. The Artist shall use the Artist’s best efforts in any public showing or resume use of reproductions to give acknowledgment to the City in substantially the following form: “an original artwork commissioned by the City of Clearwater’s Public Art & Design Program.” e. The Artist shall, at the Artist’s expense, cause to be registered with the United States Register of Copyrights, a copyright of the Artwork in the Artist’s name. f. If the City wishes to make reproductions of the Artwork for commercial purposes, including, but not limited to, tee shirts, post cards and posters, the parties shall execute a separate agreement to address the terms of the license granted by the Artist and the royalty the Artist shall receive. g. Third Party Infringement The City is not responsible for any third party infringement of Artist’s copyright and is not responsible for protecting the intellectual property rights of the Artist. ARTICLE 8: ARTIST’S RIGHTS 8.1 General a. The Artist retains all rights under state and federal laws including §106A of the Copyright Act of 1976. b. The City agrees that it will not intentionally alter, modify, change, destroy or damage the Artwork without first obtaining permission from the artist. c. If any alteration or damage to the Artwork occurs, the artist shall have the right to disclaim authorship of the Artwork in addition to any remedies the Artist may have in law or equity under Attachment number 1 Page 23 of 33 Item # 15 24 this contract. Upon written request, the City shall remove the identification plaque and all attributive references to the Artist at its own expense within fourteen (14) days of receipt of the notice. No provision of this Agreement shall obligate the City to alter or remove any such attributive reference printed or published prior to the City’s receipt of such notice. The Artist may take such other action as the Artist may choose in order to disavow the Artwork. 8.2 Alterations of Site or Removal of Artwork a. The City shall notify the Artist in writing upon the adoption of a plan or alteration of the Site which would entail removal or relocation of the Artwork which might result in the Artwork being destroyed, distorted or modified. The Artist shall be granted the right of consultation regarding the removal or relocation of the Artwork. If the Artwork cannot be successfully removed or relocated as determined by the City, the Artist may disavow the Artwork or have the Artwork returned to the Artist at the Artist’s expense. b. The Artwork may be removed or relocated or destroyed by the City should the Artist and the City not reach mutual agreement on the removal or relocation of the Artwork after a period not to exceed ninety (90) days after written notice to the Artist. During the ninety (90) day period, the parties shall engage in good faith negotiations concerning the Artwork’s removal or relocation. c. In the event of changes in building codes or zoning laws or regulations that cause the Artwork to be in conflict with such codes, laws or regulations, the City may authorize the removal or relocation of the Artwork without the Artist’s prior permission. In the alternative, the City may commission the Artist by a separate agreement to make any necessary changes to the Artwork to render it in conformity with such codes, laws or regulations. d. If the City reasonably determines that the Artwork presents imminent harm or hazard to the public, other than as a result of the City’s failure to maintain the Artwork as required under this Attachment number 1 Page 24 of 33 Item # 15 25 Agreement, the City may authorize the removal of the Artwork without the prior approval of the Artist. e. This clause is intended to replace and substitute for the rights of the Artist under the Visual Artists’ Rights Act of 1990 to the extent that any portion of this Agreement is in direct conflict with those rights. The parties acknowledge that this Agreement supersedes that law to the extent that this Agreement is in direct conflict therewith. ARTICLE 9: PERMANENT RECORD The City shall maintain on permanent file a record of this Agreement and of the location and disposition of the Artwork. ARTICLE 10: ARTIST AS AN INDEPENDENT CONTRACTOR The Artist agrees to create and/or perform all Artwork under this Agreement as an independent contractor and not as an agent or employee of the City. The Artist acknowledges and agrees that the Artist shall not hold himself or herself out as an authorized agent of the City with the power to bind in any manner. The Artist shall provide the City with the Artist’s Tax Identification Number and any proof of such number as requested by the City. ARTICLE 11: NONDISCRIMINATION The Artist shall not discriminate, in any way, against any person on the basis of race, sex, color, age, religion, sexual orientation, disability, ethnicity or national origin, in connection with or related to the performance of this Agreement. Attachment number 1 Page 25 of 33 Item # 15 26 ARTICLE 12: ASSIGNMENT OF ARTWORK The Artwork and services required of the Artist are personal and shall not be assigned, sublet or transferred. Any attempt by the Artist to assign this Agreement or any rights, duties or obligations arising hereunder shall be void and of no effect unless prior written consent is given by the City. The City shall have the right to assign or transfer any and all of the City’s rights and obligations under this Agreement, subject to the Artist’s consent, if ownership of the Site is transferred; if the Artist refuses to give consent, this Agreement shall terminate. ARTICLE 13: DEFAULT AND TERMINATION a. Failure or refusal of the Artist to perform or do any act herein required shall constitute a default. In the event of a default, in addition to any other remedy available to the City, the City, upon thirty (30) days written notice, may terminate this contract. Such termination does not waive any other legal remedies available to the City. b. Either party may terminate this Agreement without recourse by the other where performance is rendered impossible or impractical for reasons beyond such party’s reasonable control such as, but not limited to: acts of nature; war or warlike operations; invasion by extraterrestrial entity or entities; superior governmental regulation or control, public emergency or strike or other labor disturbance. Notice of termination of this Agreement shall be given to the non-terminating party in writing not less than thirty (30) days prior to the effective date of termination. c. The City may terminate this Agreement without cause upon thirty (30) days written notice to the Artist. The City shall pay the Artist for services performed and commitments made prior to the date of termination, consistent with the schedule of payments set forth in Exhibit B of this Agreement. The Artist shall have the right to an equitable adjustment in the fee for services performed and expenses incurred beyond those for which the Artist has been compensated to date Attachment number 1 Page 26 of 33 Item # 15 27 under Exhibit B with allowance for lost opportunities, unless the parties come to a settlement otherwise. d. If either party to this agreement shall willfully or negligently fail to fulfill in a timely and proper manner, or otherwise violate any of the covenants, agreements or stipulations material to this Agreement, the other party shall thereupon have the right to terminate this Agreement by giving written notice to the defaulting party of its intent to terminate specifying the grounds for termination. The defaulting party shall have thirty (30) days after the effective date of the notice to cure the default. If it is not cured by that time, this Agreement shall terminate. e. If the Artist defaults for cause other than death or incapacitation, the Artist shall return to the City all funds provided by the City in excess of expenses already incurred. The Artist shall provide an accounting of such. All finished and unfinished drawings, sketches, photographs and other Artwork products prepared and submitted or prepared for submission by the Artist under this Agreement shall be retained by the Artist. The City shall retain the right to have the Artwork completed, fabricated, executed, delivered and installed, however the Artist shall retain the copyright in the Artwork and all rights under Article 7 and Article 8. f. If the City defaults, the City shall promptly compensate the Artist for all services performed by the Artist prior to termination. The City shall pay the Artist for services performed and commitments made prior to the date of termination, consistent with the schedule of payments set forth in Exhibit B. The Artist shall have the right to an equitable adjustment in the fee for services performed and expenses incurred beyond those for which the Artist has been compensated to date with reasonable allowance for lost opportunities. The Artist shall retain possession and title to any studies, drawings, designs, maquettes and models already prepared and submitted or prepared for submission to the City by the Artist under this Agreement prior to the date of termination. Attachment number 1 Page 27 of 33 Item # 15 28 g. Upon notice of termination, the Artist and the Artist’s subcontractors shall cease all services affected. ARTICLE 14: DEATH OR INCAPACITY If the Artist becomes unable to complete this Agreement due to death or incapacitation, such death or incapacity will not be deemed a breach of this Agreement or a default on the part of the Artist for the purpose of Article 14. However, nothing in this Article shall obligate the City to accept the Artwork. a. In the event of incapacity, the Artist shall assign the Artist’s obligations and services under this contract to another artist provided that the City, in the City’s sole discretion, approves of the new artist. Alternatively, the City may elect to terminate this Agreement. The Artist shall retain all rights under Article 7 and Article 8. The Artwork and any reproductions thereof shall contain a credit to the Artist and a copyright notice in substantially the following form: Copyright © _____________ [date of completion]. b. In the event of the Artist’s death, this Agreement shall terminate the effective date of death. The Artist’s heirs shall retain all rights under Article 6 and Article 7. The Artist’s executor shall deliver to the City the Artwork in whatever form or degree of completion it may be at the time. Title to the Artwork shall then transfer to the City. However, the Artwork shall not be represented to be the completed Artwork of the Artist unless the City is otherwise directed to do so by the Artist’s estate. ARTICLE 15: NOTICES AND DOCUMENTS Any notices regarding this Agreement given by either party to the other must be in writing and shall be deemed to have been given, delivered or made, as the cause may be when: (1) delivered by personal delivery; or (2) five (5) business days after having been deposited in the U.S. mail, certified or registered, Attachment number 1 Page 28 of 33 Item # 15 29 return receipt requested, with sufficient postage affixed and prepaid; or (3) one (1) business day after having been deposited with an expedited overnight courier service, such by way of example but not limited to: U.S. Express Mail, Federal Express, or UPS; addressed to the party to whom notice is intended to be given at the address set forth below: For the City: City Manager City of Clearwater 112 South Osceola Avenue Clearwater, FL 33756 For the Artist: _____________ _____________ _____________ _____________ ARTICLE 16: WAIVER The Parties agree that a waiver of any breach of violation of any term or condition of this Agreement shall not be deemed to be a waiver of any other term or condition contained herein or a waiver of any subsequent breach or violation of the same or any other term of condition. ARTICLE 17: AUDIT The City shall maintain records of all documents, notices, checks and other records required or produced under this Agreement or related thereto. The Artist agrees to the maintenance of such records for archival purposes. Such records shall be made available for inspection or audit, at any time during regular business hours, upon written request by the City. Copies of such documents shall be provided to the City for inspection when it is practical to do so. Access to such records and documents shall also be granted to any party authorized by the Artist, the Artist’s representatives, or the Artist’s successors-in-interest. The City will comply with any open records law applicable to these records. Attachment number 1 Page 29 of 33 Item # 15 30 ARTICLE 18: CONFLICT OF INTEREST The Artist and City shall avoid all conflicts of interest or appearance of conflicts of interest in the performance of this Agreement. ARTICLE 19: MEDIATION a. If, during the creation of the Artwork, its installation and subsequent existence, either party breaches this Agreement, each party agrees to submit to mediation upon the request of the other provided that the breach is not cured with a reasonable time under Article 13 paragraph c. b. If an ambiguity arises regarding this Agreement upon which the parties cannot agree or a dispute arises as to the completion of a provision, the parties shall submit to mediation. c. Each party agrees to be responsible for its own attorney’s fees except as otherwise provided by law. ARTICLE 20: AMENDMENTS No alteration, change or modification of the terms of this Agreement shall be valid unless made in writing and signed by both parties hereto. ARTICLE 21: CONFLICTS OF LAW If any term, covenant, condition or provision of this Agreement, or the application thereof to any person or circumstance, shall be held by a court of competent jurisdiction, arbitration panel or mediation procedure to be in conflict with the laws, rules, and/or regulations of the United States or the State of Florida, invalid, void, or unenforceable, the remainder of the terms covenants, conditions or provisions of this Agreement, or the application thereof to any person or circumstance, shall remain in full force and Attachment number 1 Page 30 of 33 Item # 15 31 effect and shall in no way be affected, impaired or invalidated thereby to the extent the remainder of the terms, covenants, conditions or provisions of this Agreement are capable of execution. ARTICLE 22: CHOICE OF LAW This contract shall be governed by the laws of the State of Florida. Any proceeding related hereto shall be brought and heard in Pinellas County, Florida. ARTICLE 23: ENTIRE AGREEMENT This Agreement, including the exhibits, comprises all of the covenants, promises, agreements and conditions between the parties. No verbal agreements or conversations between the parties prior to the execution of this Agreement shall affect or modify any of the terms or obligations. ARTICLE 24: SURVIVING COVENANTS The covenants and obligations set forth in this Agreement shall survive the design, fabrication, transportation and installation of the Artwork unless otherwise provided for herein and shall be binding upon the parties, its heirs, legatees, executors, administrators, assigns, transferees and all its successors in interest. ARTICLE 25: INTEPRETATION This Agreement shall be interpreted under and in accordance with the laws of the State of Florida. Attachment number 1 Page 31 of 33 Item # 15 32 ARTICLE 26: CONSTRUCTION OF AGREEMENT This Agreement shall not be construed more strictly against one party than another merely by virtue of the fact that it may have been prepared by one of the parties, it being acknowledged that both the Artist and the City have substantially and materially contributed to the preparation thereof. ARTICLE 27: SEVERABILITY If any provision of this Agreement is contrary to, prohibited by, or deemed invalid by applicable laws or regulations of any jurisdiction in which it is sought to be enforced, then such provision shall be deemed inapplicable and omitted, but such omissions shall not invalidate the remaining provisions of this Agreement. ARTICLE 28: FURTHER ASSURANCES The parties shall promptly execute all documents reasonably required and take such other steps in addition to the execution of this Agreement to effectuate the intent and purpose of this Agreement. Attachment number 1 Page 32 of 33 Item # 15 33 IN WITNESS THEREOF, the parties hereto have caused this Agreement for Commission of Public Artwork to be executed on the date first above written. CITY OF CLEARWATER, FLORIDA By: ___________________________________ William B. Horne II City Manager Approved as to Form: Attest: ______________________________ ______________________________ Laura Mahony Rosemarie Call Assistant City Attorney City Clerk Witness: Artist: ______________________________ ______________________________ Attachment number 1 Page 33 of 33 Item # 15 City Council Agenda Council Chambers -City Hall Meeting Date:10/20/2011 SUBJECT /RECOMMENDATION: Approve the proposed sculpture collection for Sculpture360: Season IV – Art in the Cleveland Street District. (consent) SUMMARY: Sculpture360 – Art in the Cleveland Street District is a temporary exhibition of outdoor public artwork intended to bring highquality, iconic, and vibrant artwork to downtown Clearwater. This agenda item is presented in accordance with actions taken during the April 15, 2009 City Council meeting in which the Council requested that all installations of artwork of public property be subject to Council review. The following collection of sculptures is recommended in full for temporary exhibition as part of the Public Art and Design Program’s Sculpture360: Art in the Cleveland Street District: Season IV. The sculptures were chosen by a Selection Panel, appointed by the Public Art and Design Board (PADB) in accordance with the Public Art and Design Program Guidelines. The PADB subsequently reviewed and approved this collection on September 15, 2011. The sculptures are slated for installation starting the week of October 24 and will remain on exhibition through September 24, 2012. The Selection Panel consisted of individuals representing specified interests and expertise were as follows: Howard Warshauer (Chair), vice-chair of the Public Art & Design Board Dennis Bosi, member of the Downtown Development Board Robert Epstein, a professional sculptor Paula Cadman, downtown business owner and operator of The Blue Dahlia Anne Fogarty-France, Economic Development representative Felicia Leonard, Parks & Recreation representative Christopher Hubbard, Cultural Affairs representative An open Call to Artists as outlined in the Public Art and Design Guidelines was issued detailing the scope of the project. The Call to Artists resulted in approximately 53 responses of qualified artists with various works proposed for temporary loan. The Selection Panel selected three finalists (Cecilia Lueza, Dee Dee Morrison, and Jeffrey Turner). The Public Art and Design Board has approved an allocation of $3,000.00 from the Public Art and Design Program Discretionary Fund for supplementing the project budget for Sculpture360: Season IV. The remaining project budget of $6,000 has been donated by the Downtown Development Board. Funds will be utilized for artist honoraria and equipment, materials, and personnel necessary for installing and removing the sculpture under the terms of the exhibition. Type: Capital expenditure Current Year Budget?: Yes Budget Adjustment: None Budget Adjustment Comments: Current Year Cost: $3,000 Annual Operating Cost: -0-Not to Exceed: $3,000 Total Cost: $3,000 For Fiscal Year: 2011 to 2012 Appropriation Code Amount Appropriation Comment 325-93608 $3,000 Review Approval: Cover Memo Item # 16 Location: Cleveland Street District, downtown Clearwater Project Synopsis: Sculpture360: Art in the Cleveland Street District is a temporary outdoor exhibition of public artwork and sculpture for the period of one year. Similar to other long-standing sculpture exhibitions such as the Sarasota Season of Sculpture, Sculpture360 aims to bring high-quality, vibrant, and engaging public artwork to the citizens and visitors of Clearwater. Budget: $9,000 Selection Panel: Howard Warshauer (Chair), vice-chair of the Public Art & Design Board Dennis Bosi, member of the Downtown Development Board Robert Epstein, a professional sculptor Paula Cadman, downtown business owner and operator of The Blue Dahlia Anne Fogarty-France, Economic Development representative Felicia Leonard, Parks & Recreation representative Christopher Hubbard, Cultural Affairs representative Public Art & Design Board: Robert Entel, Community representative Roberta Klar, Architect, Klar & Klar Architecture Alex Plisko, Architect, Plisko Architecture Judith Powers, Pinellas County Cultural Affairs John Timberlake, Community representative Sultana Volaitis, Artist representative Howard Warshauer, Community representative Selection Process and Criteria: The seven-member Selection Panel reviewed proposed artworks from the artist qualifications received though the open Call to Artists. Artwork and artist credentials were evaluated on their artistic content, durability, originality, and other specific criteria outlined in the Call to Artists such as: Being vibrant, engaging and colorful Being a solid structure and able to “hold its own” against the visual activity of downtown Being iconic and serving as a visual anchor-point of the Cleveland Street District Rationale for Selection: The following artworks were chosen by the Selection Panel on the basis that they met and exceeded the qualifications for desired sculpture identified in the Call to Artists. Each artist is a qualified and active sculptor and has professional training in the arts, a lengthy public exhibition record, a number of successful public or private commissions, and/or a combination of these traits. Information on each artist and images of the selected work follow Attachment number 1 Page 1 of 4 Item # 16 Finalist Artist Name: Jeffrey Turner (Silver City, NM) Artwork Title: Sublime Delights Artwork Medium: Acrylic enamel on steel Artwork Dimensions: 5’ 9” x 3’11” x 2” 11” Attachment number 1 Page 2 of 4 Item # 16 Finalist Artist Name: Cecilia Lueza (St. Petersburg, FL) Artwork Title: Diversity Artwork Medium: Steel, urethane, epoxy Artwork Dimensions: 8’ x 9’ x 5’ Attachment number 1 Page 3 of 4 Item # 16 Finalist Artist Name: Dee Dee Morrison (Birmingham, AL) Artwork Title: Landscape with Perspective Artwork Medium: Aluminum with painted Lucite interior Artwork Dimensions: 12’ x 10’ x 10’ Attachment number 1 Page 4 of 4 Item # 16 City Council Agenda Council Chambers -City Hall Meeting Date:10/20/2011 SUBJECT /RECOMMENDATION: Approve acceptance of a Florida Department of Law Enforcement /Bureau of Justice Assistance Countywide Justice Assistance Grant (JAG) in the amount of $30,000 to fund the purchase of 112 digital cameras and carrying cases and authorize the appropriate officials to execute same. (consent) SUMMARY: On July 6, 2011, the Resource Management Committee approved the submission of a JAG application by the Clearwater Police Department (CPD) to the Florida Department of Law Enforcement (FDLE)/Bureau of Justice Assistance (BJA) for the purchase of 112 digital cameras and carrying cases. On September 12, 2011, CPD received notification that it had been awarded FDLE/BJA funding in the amount of $30,000. Purchase of the grant-funded cameras/carrying cases will allow CPD to implement a Patrol Camera Program that will involve the issuance of a digital camera to all patrol officers, patrol corporals, and civilian Traffic Support Team members (Police Service Technicians). Implementation of this program will result in efficiencies by allowing the investigating field personnel, with minimal training, to obtain photographs while at the scene of an active investigation, instead of waiting for a secondary officer to attend to a single, limited facet of the investigation. CPD anticipates that, as a result, the Department will realize an increase in the number of scenes at which an officer will elect to obtain photographs. Specifically, deployment of individual cameras will aid in obtaining photographs where required by law, such as domestic violence investigations, child abuse investigations, and during incidents which, in the past, may have been deemed too insignificant to warrant calling in a Team Photographer. As an added benefit to the Department, this will allow our current Team Photographers to assume the full responsibilities of a patrol officer and focus on higher priority incidents, neighborhood policing, and problem solving. Utilization of the Patrol Camera Program will also allow officers to submit photographs directly to the Department’s Records Management System (RMS – ACISS) through a secure download process. This will provide CPD’s Criminal Investigations Division and other investigative personnel with virtual real-time access to the photographs obtained by field personnel directly within the ACISS system, as opposed to a secondary database. It will also eliminate the need to collect and transport memory cards from the Team Photographers. Additionally, the Patrol Camera Program will allow for the efficient utilization of Crime Scene Technicians by eliminating instances in which they are called upon simply to obtain photographs. Deployment of individual digital cameras will provide greater access to, and utilization of, available facial recognition programs, thereby improving Department efficiency, officer safety, and public safety. Special Project 181-99251, Patrol Camera Program, will be established at 1st Quarter to account for the grant expenditures. There is no match required for this grant and no additional FTE’s (Full Time Equivalent) associated with this project. Appropriation Code Amount Appropriation Comment 181-99251 $30,000.00 Special Project Code, Patrol Camera Program, will be established at 1st Quarter. Review Approval: Cover Memo Item # 17 State of Florida Office of Criminal Justice Grants Florida Department of Law Enforcement 2331 Phillips Road Tallahassee, Florida 32308 CERTIFICATE OF ACCEPTANCE OF SUBGRANT AWARD The subgrantee, through its authorized representative, acknowledges receipt and acceptance of su bg rant award number 201 2-JAGC-P I NE-5-C4-158, i n the amount of 30, 000. 00, for a project entitled, CPID PATROL CAMERA PROGRAM, for the period of 10/0112011 through 09130/2012, to be implemented in accordance with the approved subgrant application, and subject to the Florida Department of Law Enforcement's Standard Conditions and any special conditions governing this subgrant, Signature of Subgrantee's Authorized Official) Frank V. Hibbard, Mayor Typed Name and Title of Officiat) City of Clearwater Name of Subgrantee) d?1A 1 12,V//Date of Acceptance) Rule Reference 11 D-9. 000 OCJ G-0 12 ( Rev. October 20 0 5) Attachment number 1 Page 1 of 32 Item # 17 State of Florida Office of Criminal Justice Grants Florida Department of Law Enforcement 2331 Phillips Road Tallahassee, Florida 32308 SUBGRANT AWARD CERTIFICATE Subgrantee: City of Clearwater Date of Award: 9 w q, I I Grant Period: From: 10101/2011 TO., 09/30/2012 Project Title: CPD PATROL CAMERA PROGRAM Grant Number: 2012-JAGC-PINE-5-C4-158 Federal Funds: $ 30,000 00 State Agency Match: Local Agency Match: $ 0. 00 Total Project Cost: $ 30, 000. 00 State Purpose Area: E : Equipment Supplies -Purchase Equipment/Supplies CFDA Number: 16. 738 Award is hereby made in the amount and for the period shown above of a subgrant under Title I of the Omnibus Crime Control and Safe Streets Act of 1953, P. L. 90-351, as amended, and the Anti-Drug Abuse Act of 1988„ P. L. 100-690, to the above mentioned subgrantee and subject to any attached or special conditions. This award is subject to all applicable rules, regulations, and conditions as contained in the Financial and Administrative Guide for Grants, Guideline Manual 7100 1 D, Office of Justice Programs, Common Rule for State and Local Governments and A-87, or OMB Circulars A-110 or A-102, as applicable, and A-21, in their entirety. It is also subject to such further rules, regulations and policies as may be reasonably prescribed by the State or Federal Government consistent with the purposes and authorization of P. L. 90-351, as amended, and P. L. 100-690 Attachment number 1 Page 2 of 32 Item # 17 SUBGRANT AWARD CERTIFICATE (CONTINUED) This grant shall become effective on the beginning date of the grant period provided that within 30 days from the date of award, a properly executed Certificate of Acceptance of Subgrant Award is returned to the Department, no. Authorized bfficial Clayton H. Wilder Administrator DateThis award is subject to special conditions ( attached). Attachment number 1 Page 3 of 32 Item # 17 Application for Funding Assistance Florida department of Law Enforcement Justice Assistance Grant -County-wide Subgrant Recipient Organization Name: City of Clearwater County: Pinellas Chief Official Name Frank Hibbard Title: Mayor Address: Post Office Box 4748 City: Clearwater State: FL Zip 33758-4748 Phone: 727-562-404O Bxt: Fax: 727-562-4052 Email: frank.hibbard@myclearwater.com Chief Financial Officer Name: Jay Ravins Title: Chief Financial Officer Address: Past Office Box 4748 City Clearwater State: FL Zip: 33758-4748 Phone: 727-562-4538 l xt: Fax: 727-562-4535 Email: Jay.Ravins@MyClearwater.com Application, Ref## 2012-JAGC-1727 Section##1 Page 1 of 2 Contract 2012-JAGC-PINE-5-C4-158 R pie reference 11 D-9.008 OCJG-005( rev. April 2005) Attachment number 1 Page 4 of 32 Item # 17 Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant County-wide Implementing Agency Organization Marne: City of Clearwater Police Department County: Pinellas Chief Official Dame: Anthony Holloway Title: Chief of Police Address: 645 Pierce Street City: Clearwater State: FL Zip: 33756-5495 Phone: 727-562-4343 Ext: Fax: 727-562-4339 Email: Anthony. Holloway@MyClearwater.com Project Director Name: Anthony Holloway title: Chief of Police Address: 645 Pierce Street City: Clearwater State: FL Zip: 33756-5495 Phone: 727-562-4343 Ext: Fax: 727-562-4339 Email: Anthony.Holloway MyClearwater.com Application Ref## 2012-JACC-1727 Section# 1 Page 2 of 2 Contract 2012-JACC-PINE-5-C4-15$ Rule Reference 11 D-9, 006 OCJC-005( rev. Apr61 2045) Attachment number 1 Page 5 of 32 Item # 17 Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant-County-wide General Project Title: CPD PATROL CAMERA PROGRAM Subomant Recipient: City of Clearwater Implementing Agency: City ofClearwater Police Department Project Start Date: 1011/2011 End Date: 8/30/2012 Problem Identification Like many other law enforcement agencies, the Clearwater Police Department (CPD) Is constantly seeking new and more efficient ways to perform its duties and deliver quality services to the community. As part of that ongoing process, CPD seeks to create a Patrol Camera Program within the Patrol Division. Through this prognam, all field personnel will be issued a digital camera for the purpose of documenting items of evidentiary value, in lieu of the Department's current Team Photographer Program. Currently, CPD assigns one officer per patrol squad as a designated Team Photographer, Officers within this prograrn bid for their specific shift based upon seniority and receive Job Assignment Pay commensurate with the current bargaining agreement. Each Team Photographer is responsible for obtaining photographs at incident or crime scenes that do not meet the threshold for response bya CP[} Crime Scene Technician or Pinellas County Sheriffs Office Crime Scene Technician (CPD contracts with the Sheriff's Office for these types of services). The current Team Photographer Program creates difficulties and inefficiencies when the assigned officer ie not working oris attending Department training. Investigating officers, victims, witnesses, and citizens are often required to wait while the Team Photographer drives from his/her area of responsibility (which is often a significant distance away and, at times, from another district) or the Team Photographer completes his/her current call for service prior to traveling tmthe location where photographs are needed. {) hen, this serves( o create frustration on the part of officers and citizens alike, Furthermore, there have been frequent instances during which aCrime Scene Technician has been utilized -and costs incurred -simpiy because a Team Photographer was unavailable. Another identified inefficiency involves the procedure for downloading photographs in order that they can be used as evidence. Currently, after the Team Photographer obtains photographs, the individual memory cards are submitted to a central evidence location, where the Team Photographer Supervisor obtains the memory cards and transports them to the Pinellas County Sheriffs Office Property/Evidence Section for the download process. Subsequently, the memory cards are returned to the Team Photographers by interoffice mail. Once the images are downloaded, they are only accessible byCPO personnel with access to the Pinellas County Sheriff's Office Photo Lab secure vvebsite. Project The Harvard-Kennedy School and the National Institute of Justice ( NIJ) have identified improving productivity oa one nf the principal means ofreducing the relative costs of policing; both entities advocate eliminating redundancies, efficient use of evolving technology, automating key operations, and exploring new mechanisms of service delivery. Application Ref# 2012-JAGC-1727 Section# 2 Page 1 of 3 Contract -JAGO-PINE---Rule Reference 11 D-9-006 Ocuo-005< rev, April m05) Attachment number 1 Page 6 of 32 Item # 17 Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant -County-wide CPD' s review of its current evidentiary photography protocols revealed inefficiencies in the deployment and utilization of both sworn and non-sworn peraonna|, as well as m failure to efficiently utilize the evolving technology currently available tothe Department, As a result, CPD will implement a Patrol Camera Program that will involve the immumnoe of a digital camera to all patrol officema, patrol ourpora|a, and civilian Traffic Support Team members ( police service teuhniniene). Implementation of this program will result In efficiencies by allowing the investigating field personnel, with minimal train| nQ, to obtain photographs vvhi| o at the scene of an active invesdgadmn, instead of waiting fora secondary off1oerto attend to a single, limited facet ofthe invemtigetimn. CP[) anticipates that, as result, the Department will realize an increase in the number of scenes a1 which an officer will elect to obtain photographs. Specifically, deployment of individual cameras will aid in obtaining photographs where required by law, such as domestic violence investigations, child abuse investigations, and during incidents which, in the past, may have been deemed too insignificant to warrant calling in e Team Photographer. As an added benefit to the Department, this will allow our current Team Photographers to assume the 0u| i responsibilities of patrol officer and focus on higher priority inoidenta, neighborhood poHoing, and problem solving. Utilization of the Patrol Camera Program will also allow officers to submit photographs directly to the Department's Records Management System ( RMS-AC|SS) through a aeouna download process. This will provide CPD' s Criminal Investigations Division and other investigative personnel with virtual real-time oocmsn to the photographs obtained by field personnel d| nooUy within the AC| SS aymtem, as opposed 10 a secondary database. It will also eliminate the need to ooUeot and transport memory cards from the Teem Photographers. Additionally, the Patrol Camera Program will allow for the efficient utilization of Crime Scene Technicians by eliminating instances in which they are called upon simply to obtain photographs. Deployment of individual digital cameras will provide greater access to, and utilization of, available facial recognition programs, thereby improving Department efficiency, officer safety, and public safety. The Pinellas County Sheriffs Office, which hosts the/\ C| SS RK4S system hzrC>PD. has already provided approval to proceed with implementation of Patrol Camera Program and no apparent technical impedimenta have been |dentified. With the avxonj of requested grant funding, CPO looks yVnmmrd to implementing the Patrol Camera Program as m means to increase efficiency within the Department through the appropriate utilization and deployment of both sworn and o1v||| en paraonna(, as well as the implementation of evolving technology. Application Ref# 2012-JAGC. l 727 Section# 2 Page 2 of 3 Contract ' JAGC' P| NE---Rule Reference 11o' mu000uJa-ooa(, e,. April 2005) Attachment number 1 Page 7 of 32 Item # 17 Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant-County-wide Section Questions: Question: Does the Subgrantee receive a single grant in the amount of$ 500,000 or more from the U. S. Department of Justice? Answer: Yes Question: Does the Implementing Agency receive a single grant in the amount of$ 500, 000 or more from the U. S. Department of Justice? Answer: Yes Application Ref# 2012-JAG C-1 727 Section# 2 Page 3 of 3 Contract -JAGC-PINE---Rule Reference 11 D-9.006 OCJG-00 5( rev. April 20 05) Attachment number 1 Page 8 of 32 Item # 17 Application for Funding Assistance Florida [department of Law Enforcement Justice Assistance Grant-County-wide General Performance Info-Performance Reporting Frequency: Quarterly Federal Purpose Area: 001 -Law Enforcement Programs State Purpose Area: E -Equipment Supplies-Purchase Equipment/Supplies Activity Description Activity: Equipment and Supplies Target Group: Equipment and Supplies Geographic Area: Urban Location Type: Police Department Objectives and Measures Objective: 25. E. SI -Amount of funds expended on equipment and/or supplies Measure: Part 1 Amount of funds to be expended to purchase equipment and/or supplies Goal: 130, 000. 00 Objective: 52. E. Sl -Number of equipment items purchased with JAG funds by type of equipment Measure: Part 1 Now many ether pieces of equipment or supplies will be purchased' Goal: 224 Application Ref 2{ 112-JAGG-1727 Section##3 Page 1 of 2 Contract 2012-JAGG-PINE.-5-C4-Rule Reference 11 D-9-006 OCJG-005( rev. April 20,05) Attachment number 1 Page 9 of 32 Item # 17 Application i Assistance Florida Department of Law Enforcement Justice Assistance Grant-County-wide Section Questions: Question. If" other" was selected for the geographic area, please describe, Answer: nla Question: If" other" was selected for location type, please describe. Answer: n/a Application Ref# 2012-JAGC_1727 Section# 3 Page 2 of 2 Contract 2012-JAGC-PIPE-5-C4-Rule Reference 11D-9. 006 OCJG-005( rev. April 2005) Attachment number 1 Page 10 of 32 Item # 17 Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant -County-wide General Financial Info: Note: All financial remittances will be sent to the Chief Financial Officer of the Subgrantee Organization. Financial Reporting Frequency for this Subgrant: Quarterly Is the subgrantee a state agency?: No FLAIR I Vendor Number: 596000289 Budget: Budget Category Federal Match Total Salaries and Benefits MOO 0. 00 0.00 Contractual Services 0. 00 0. 00 0. 00 Expenses 30, 000. 00 0. 00 30,000.00 Operating Capital WOO 0. 00 0. 00 Outlay Indirect Costs 0. 00 MOO WOO Totals --30, 000.00 0. 00 30, 000.00 Percentage 100. 0 010 100. 0 Project Generated Income: Will the project earn project generated income ( PGI) ? No Application Ref# 2012-JAGC-1 727 Section-44 Page I of 3 Contract -JAGC-PINE---Rule Reference 11D-9, 006 OCJG-005( rev. April 2005) Attachment number 1 Page 11 of 32 Item # 17 Application r F _unding As Florida Department of Law Enforcement Justice Assistance Grant-County-wide Budget Narrative-, Expenses Digital Carnera ( exceeding 12 megapixel capability), 112 cameras for a total of$ 29, 221. 00 Camera Carrying Case, 112 carrying cases for a total of$ 770.00 Total Project Cost: $ 30,000.00 Application Ref# 2012-JAGC-1727 Section# 4 Page 2 of 3 Contract 2012-JAGC-PINE-0-C4-158 ft [ e Reference 11 d-9M6 OCJG-605( rev. April 2005) Attachment number 1 Page 12 of 32 Item # 17 Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant -County-wide Section Questions: Question: If salaries and benefits are included in the budget as actual costs for staff in the implementing agency, is there a net personnel Increase, or a continued net personnel increase from the previous Byrne program? Answer: n/a Question: If benefits are to be included, are they reflected in the budget narrative? Answer: n/a Question: Indicate the Operating Capital Outlay threshold established by the subgrantee or Implementing agency; if it is the sheriffs office. Answer: $ 1, 000 Question: If indirect cost is included in the budget, indicate the basis for the plan ( e. g. percent of salaries and benefits), and provide documentation of the appropriate approval of this plan. Answer: n/a Question: If the budget includes services based on unit costs, provide a definition and cost for each service as part of the budget narrative for contractual services.. Include the basis for the unit costs and how recently the basis was established or updated. Answer: n/a Appilcaflon Ref# 2012-JAG -1727 Section# 4 Page 3 of 3 Contract -JAGC-PINE---Rule Reference 11 D-9, 006 OCJG-005( rev, April 2005) Attachment number 1 Page 13 of 32 Item # 17 Edward Byrne Memorial Justice Assistance Grant( JAG) Program Florida Department of Law Enforcement Standard Conditions Conditions of agreement requiring compliance by units of local government ( subgrant recipients), implementing agencies, and state agencies upon signed acceptance of the subgrant award appear in this section. Upon approval of this subgrant, the approved application and the following terms of conditions will become binding. Failure to comply with provisions of this agreement will result in required corrective action up to and including project costs being disallowed and termination of the project, as specified in item 17 of this section, 1. All Subgrant Recipients must comply with the financial and administrative requirements set forth in the current edition of the U. S. Department of Justice, Office of Justice Programs OJP) Financial Guide ( Financial Guide) (httg: ltwww.oip.usdoi.govifinancialguidelindex.ht m) and the Edward Byrne Memorial justice Assistance Grant( JAG) program guidance http:/Iwww.ojj2. usd2l.gov/BJA/grant/jag,htmi) as well as Federal statutes, regulations, policies, guidelines and requirements and Florida laws and regulations including but not limited to: Florida Administrative Code, Chapter 11D-9, " Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program": httPs://wwW.flruIes. org/Office of Management and Budget( OMB) Circulars: http:llwww.whitehouse.gov/omb/eirculars A-21 ( 2 CFR 220)," Cost Principles for Educational Institutions" A-87 ( 2 CFR 225)," Cost Principles for State, Local and Indian Tribal Governments" A-102, " Grants and Cooperative Agreements with State and Local Governments" A-110 ( 2 CFR 215), " Uniform Administrative Requirements for Grants and Cooperative Agreements" A-122 ( 2 CFR 230), " Cost Principles for Non-Profit Organizations" o A-133, " Audits of States, Local Governments, and Non-Profit Organizations" Code of Federal Regulations., http://www.glz)o.--ov/fdsys/o 2 CFR 175. 15( b), " Award Term for Trafficking in Persons" o 28 CFR 38, " Equal Treatment for Faith-Based Organizations" a 28 CFR 66, " U. S. Department of Justice Common Rule for State And Local Governments" ( Common Rule) o 28 CFR 83, " Government-Wide Requirements for Drug-Free Workplace (Grants)" 0 28 CFR 18, 22, 23, 30, 35, 42, 61, and 63 Public Law 109-162, Title XI— Department of Justice Reauthorization, Subtitle B— Improving the Department of Justice' s Grant Programs, Chapter 1---Assisting Law Enforcement and Criminal Justice Agencies, See. 1111. Merger of Byrne Grant Program and Local Law Enforcement Block Grant Program: http,:I/www.ojp. usdoi. gov/BJA/grantija.q. html United States Code: Lqp_. 11www.gpo.govifdsys1 o 42 U. S. C. 3711 et seq., " Omnibus Crime Control and Safe Streets Act of 1968" State of Florida General Records Schedule GS1-SL for State and Local Government Agencies: http: lidlis.dos.state.fl. us/barmigenschedules/GS1-SL.pd 2. Allowable Costs a. Allowance for costs incurred under the subgrant shall be determined according to the general principles and standards for selected cost items set forth in the Office of Justice Programs Financial Guide, U. S. Department of Justice Common Rule for State And Local Governments SFY 2012 Wage 1 Attachment number 1 Page 14 of 32 Item # 17 Edward Byrne Memorial Justice Assistance Grant( JAG) Program Florida Department of Law Enforcement and federal OMB Circular A-87, " Cost Principles for State, Local and Indian Tribal Governments,°`or 0M 8 Ci rcular A-2 1, " Cost Principles for Educational Institutions." b. All procedures employed in the use of federal funds for any procurement shall be according to U. S. Department of Justice Common Rule for State and Local Governments, or OMB Circular A-110, or OMB Circular A-1 02, and Florida law to be eligible for reimbursement. 3. Reports a. Project Performance Reports 1) Reporting Time Frames: The subgrant recipient shall submit Quarterly Project Performance Reports to the Florida Department of Law Enforcement, hereafter known as the Department, within fifteen ( 15) days after the end of the reporting period, In addition, if the subgrant award period is extended beyond the" original" project period, additional Quarterly Project Performance Reports shall be submitted. Failure to submit Quarterly Performance Reports that are complete, accurate, and timely may result in sanctions, as specified in item 17, Performance of Agreement Provisions. 2) Report Contents: Performance Reports must include a response to all objectives included in your subgrant. A detailed response is required in the narrative portion for yes/no performance objectives. The narrative must also reflect on accomplishments for the quarter and identify problems with project implementation and address actions being taken to resolve the problems. Additional information may be required if necessary to comply with federal reporting requirements. 3) Submission: Performance Reports may be submitted by the Project Director, Application Manager, or Performance Contacts. b. Financial Reports 1) Project Expenditure Reports a) The subgrant recipient shall have a choice of submitting either a Monthly or a Quarterly Project Expenditure Report to the Department. Project Expenditure Reports are due thirty ( 30) days after the end of the reporting period. In addition, if the subgrant award period is extended, additional Project Expenditure Reports shall be submitted. Project Expenditure Reports for grants made under the Recovery Act must be submitted monthly. See the Recovery Act Conditions for additional information. b) All project expenditures for reimbursement of subgrant recipient costs shall be submitted on the Project Expenditure Report Forms prescribed and provided by the Office of Criminal Justice Grants (OCJG) through the Subgrant Information Management ON-line ( SIMON) system. c) All Project Expenditure Reports shall be submitted in sufficient detail for proper preaudit and post-audit. d) Before the" final" Project Expenditure Report will be processed, the subgrant recipient must submit to the Department all outstanding project reports and must have satisfied all special conditions. Failure to comply with the above provisions shall result in forfeiture of reimbursement. e) Reports are to be submitted even when no reimbursement is being requested, SFY 2012 Page 2 Attachment number 1 Page 15 of 32 Item # 17 Edward Byrne Memorial Justice Assistance Grant( JAG) Program Florida Department of Law Enforcement f) The report must be electronically signed by the subgrantee or implementing agency's chief financial officer or the chief financial officer's designee. Z Financial Closeout Audit a) The Financial Closeout Audit shall be submitted to the Department within forty-five 45) days of the subgrant termination date. b) The Financial Closeout Audit must be electronically signed by the subgrantee or implementing agency' s chief financial officer or the chief financial officer's designee. 3) Project Generated Income( PGI) a) If applicable, the subgrant recipient shall submit Quarterly PGI Earnings and Expenditures Reports to the Department within thirty ( 30) days after the end of the reporting period covering subgrant project generated income and expenditures during the previous quarter. If any PG1 remains unspent after the subgrant ends, the subgrant recipient must continue submitting quarterly PI reports until all funds are expended, ( See Item 10, Program Income.) b) PGI Earnings and Expenditures reports must be electronically signed by the subgrantee or implementing agency' s chief financial officer or the chief financial officer's designee, c. Other Reports The subgrant recipient shall report to the Uniform Crime Report and other reports as may be reasonably required by the Department, 4. Fiscal Control and Fund Accounting Procedures a. The subgrant recipient shall establish fiscal control and fund accounting procedures that assure proper disbursement and accounting of subgrant funds and required non-federal expenditures. All funds spent on this project shall be disbursed according to provisions of the project budget as approved by the Department. b. All expenditures and cost accounting of funds shall conform to the Office of Justice Programs Financial Guide, the Common Rule, and OMB Circulars A-21, A-87, and A-110, or A-102 as applicable, in their entirety. c. All funds not spent according to this agreement shall be subject to repayment by the subgrant recipient. 5, Payment Contingent on Appropriation and Available Funds The State of Florida' s performance and obligation to pay under this agreement is contingent upon an annual appropriation by the Florida Legislature, Furthermore, the obligation of the State of Florida to reimburse subgrant recipients for incurred costs is subject to available federal funds. 6. Obligation of Subgrant Recipient Funds Subgrant funds shall not under any circumstances be obligated prior to the effective date or subsequent to the termination date of the subgrant period. Only project costs incurred on or after the effective date and on or prior to the termination date of the subgrant recipient's project are eligible for reimbursement. All payments must be completed within thirty ( 30) days of the end of SFY 2112 Page 3 Attachment number 1 Page 16 of 32 Item # 17 Edward Byrne Memorial Justice Assistance Grant( JAG) Program Florida Department of Law Enforcement the subgrant period, 7. Advance Funding Advance funding may be provided to a subgrant recipient upon a written request to the Department, The request must be electronically signed by the subgrantee or implementing agency' s chief financial officer or the chief financial officer' s designee, 8. Trust Funds a. The unit of local government must establish a trust fund in which to deposit JAG funds. The trust fund may or may not be an interest bearing account. b. The account may earn interest, but any earned interest must be used for program purposes and expended before the federal grant period end date. Any unexpended interest remaining at the end of the federal grant period must be submitted to the Office of Criminal Justice Grants for transmittal to the Bureau of Justice Assista nce. 9. Travel and Training The cost of all travel shall be reimbursed according to the subgrant recipient's written travel policy, If the subgrant recipient does not have a written travel policy, cost of all travel will be reimbursed according to§ 112. 061, Fla, Stat. 10. Program Income( also known as Project Generated Income) a. All income generated as a direct result of a subgrant project shall be deemed program income. b. Any project that will potentially earn PGI must submit an Earnings and Expenditures Report to report how much PGI was earned during each quarter, A report must be submitted each quarter even if no PGI was earned or expended. i Earnings and Expenditures reports must be electronically signed by the subgrantee or implementing agency' s chief financial officer or the chief financial officer' s designee. c. PGI expenditures require prior written approval from the Office of Criminal Justice Grants, Program income must be used for the purposes of and under the conditions applicable to the award. If the cost is allowable under the Federal grant program, then the cost would be allowable using program income, PGI budget requests must be signed by the subgrantee or implementing agency's chief financial officer or the chief financial officer's designee. d. Program income should be used as earned and expended as soon as possible. Any unexpended PGI remaining at the end of the Federal grant period must be submitted to the Office of Criminal Justice Grants for transmittal to the Bureau of Justice Assistance. 11. Approval of Consultant Contracts The Department shall review and approve in writing all consultant contracts prior to employment of a consultant when the consultant's rate exceeds$ 450 ( excluding travel and subsistence costs) for an eight-hour day. Approval shall be based upon the contract's compliance with requirements found in the Financial Guide, the Common Rule, and in applicable state statutes. The Department's approval of the subgrant recipient agreement does not constitute approval of consultant contracts. If consultants are hired through a competitive bidding process ( not sole source), the $450 threshold does not apply. SFY 2012 Page 4 Attachment number 1 Page 17 of 32 Item # 17 Edward Byrne Memorial Justice Assistance Grant( JAG) Program Florida Department of Law Enforcement 12. Property Accountability a. The subgrant recipient agrees to use all non-expendable property for criminal justice purposes during its useful life or dispose of it pursuant to § 274, Fla, Stat. -The subgrant recipient shall establish and administer a system to protect, preserve, use, maintain and dispose of any property furnished to it by the Department or purchased pursuant to this agreement according to federal property management standards set forth in the Office of Justice Programs Financial Guide, U. S. Department of Justice Common Rule for State and Local Governments or the federal 0M B Circular A-110 or A-102, as applicable. This obligation continues as long as the subgrant recipient retains the property, notwithstanding expiration of this agreement. 13. Ownership of Data and Creative Material Ownership of material, discoveries, inventions, and results developed, produced, or discovered subordinate to this agreement is governed by the terms of the Office of Justice Programs Financial Guide( as amended), and the U. S. Department of Justice Common Rule for State and Local Governments, or the federal OMB Circular A-110 or A-102, as applicable, 14. Copyright The awarding agency reserves a royalty-free non-exclusive, and irrevocable license to reproduce, publish, or otherwise use, and authorize others to use, for Federal government purposes: a. The copyright in any work developed under an award or subaward, and b. Any rights of copyright to which a subgrant recipient or subrecipient purchases ownership with support funded under this grant agreement, 15. Publication or Printing of Reports The subgrant recipient shall submit for review and approval one copy of any curricula, training materials, or any other written materials that will be published, including web-based materials and web site content, through funds from this grant at least thirty ( 30) days prior to the targeted dissemination date. All materials publicizing or resulting from award activities shall contain the following statements: This project was supported by Grant No. ( contact the Office of Criminal Justice Grants for award number] awarded by the Bureau of Justice Assistance. The Bureau of Justice Assistance is a component of the Office of Justice Programs, which also includes the Bureau of Justice Statistics, the National Institute of Justice, the Office of Juvenile Justice and Delinquency Prevention, the Office for Victims of Crime, and the Office of Sex Offender Sentencing, Monitoring, Apprehending, Registering, and Tracking. Points of view or opinions in this document are those of the author and do not necessarily represent the official position or policies of the US. Department of Justice." 16. Audit a. Subgrant recipients that expend $ 500,000 or more in a year in Federal awards shall have a single or program-specific audit conducted for that year. The audit shall be performed in accordance with the federal OMB Circular A-133 and other applicable federal law. The contract for this agreement shall be identified in the Schedule of Federal Financial Assistance in the subject audit. The contract shall be identified as federal funds passed through the Florida Department of Law Enforcement and include the contract number, CFDA number, award amount, contract period, funds received and disbursed. When applicable, the SFY 2012 Page 5 Attachment number 1 Page 18 of 32 Item # 17 Edward Byrne Memorial Justice Assistance Grant( JAG) Program Florida Department ofLaw Enforcement subgrant recipient shall submit an annual financial audit that meets the requirements of 11. 45. Fla, Stat. , " Definitiono; duties; authorities; reports; rules."; § 215. 97. F| m. Stst.. Florida Sing[e Audit Act"; and Rules of the Auditor General, Chapter 10, 550, " Local Governmental Entity Audits" and Chapter 1O. 85O, " Florida Single Audit Act Audits Nonprofit and For-PnzOtOrgan| zat|ons.~ b. A complete audit report that covers any portion of the effective dates ofthis agreement must be submitted within 30 days after its completion, but no later than nine ( 9) months after the audit period, | n order tobm complete, the submitted report shall include any management letters issued separately and management's written response to all findings, both audit report and management letter findings. Incomplete audit reports will not be accepted bythe Department. The subQmunt recipient shall have all audits completed byon Independent Public Accountant IPA), The IPA shall be either a Certified Public Accountant or a Licensed Public Accountant. d. The subgnant recipient shall take appropriate corrective action within mix ( G) months ofthe issue date of the audit report in instances of noncompliance with federal laws and regulations. e. The subgrmnt recipient shall ensure that audit working papers are made available tothe Department, or its designee, upon request for a period of three( 3) years from the date the audit report is issued, unless extended |n writing by the Department. f Subgrant recipients that expend less than $ 5O0. 0O0inFederal awards during a fiscal year are exempt from the audit requirements of OMB Circular A-133 for that Mooa| year. In this case, written notifioetion' which can be | n the form of the" Certification of Audit Exemption" form, shall beprovided to the Department by the Chief Financial Officer, or designee, that the subgnant recipient is exempt. This notice shall be provided to the Department no later than March I following the end of the fiscal year. g. If this agreement is closed out without an audit, the Department reserves the right to recover any disallowed costs identified inan audit completed after such closeout, M. The completed audit report or written notification of audit exemption should be sent to the following address: Florida Department of Law Enforcement Office of Criminal Justice Grants 2331 Phillips Road Tallahassee, Florida 32388 17. Performance of Agreement Provisions Un the event of default, non-compliance or violation of any provision nf this agreement by the subgrant recipient, the subgrant recipient's consultants and suppliers, or both, the Department shall impose sanctions it deerns appropriate including withholding payments and cancellation, termination, or suspension of the agreement in whole orinpart. |n such event, the Department shall notify the subgrant recipient of its decision thirty ( 30) days in advance of the effective date of such sanction. The subgrant radpianishaUbapaidon|yhorthoeeservimeonmdwfmotori| y performed prior tothe effective date of such sanction, 18. Commencement ofProject a. If project is not operational within 60 days of the original start date of the award period, the eubreo|pient must report by letter to the Department the steps taken to initiate the project, the SFY28f2 PageAttachment number 1 Page 19 of 32 Item # 17 Edward Byrne Memorial Justice Assistance Grant( JAG) Program Florida Department of Law Enforcement reasons for delay, and the expected start date, b. If a project is not operational within 90 days of the original start date of the award period, the subrecipient must submit a second statement to the Department explaining the implementation delay. c. Upon receipt of the ninety( 90) day letter, the Department shall determine if the reason for delay is justified or shall, at its discretion, unilaterally terminate this agreement and reobligate subgrant funds to other Department approved projects. The Department, where warranted by extenuating circumstances, may extend the starting date of the project past the ninety ( 90) day period, but only by formal written adjustment to this agreement. 19. Excusable Delays a. Except with respect to defaults of consultants, the subgrant recipient shall not be In default by reason of any failure in performance of this agreement according to its terms ( including any failure by the subgrant recipient to make progress in the execution of work hereunder which endangers such performance) if such failure arises out of causes beyond the control and without the fault or negligence of the subgrant recipient. Such causes include, but are not limited to, acts of God or of the public enemy, acts of the government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes, and unusually severe weather, but in every case, the failure to perform shall be beyond the control and without the fault or negligence of the subgrant recipient. b. If failure to perform is caused by failure of a consultant to perform or make progress, and if such failure arises out of causes beyond the control of subgrant recipient and consultant, and without fault or negligence of either of them, the subgrant recipient shall not be deemed in default, unless: 1) Supplies or services to be furnished by the consultant were obtainable from other sources, 2) The Department ordered the subgrant recipient in writing to procure such supplies or services from other sources, and 3) The subgrant recipient failed to reasonably comply with such order. c. Upon request of the subgrant recipient, the Department shall ascertain the facts and the extent of such failure, and if the Department determines that any failure to perform was occasioned by one or more said causes, the delivery schedule shall be revised accordingly. 20. Written Approval of Changes in this Approved Agreement( Grant Adjustments) a. Subgrant recipients must obtain prior approval from the Department for major substantive changes such as changes in project activities, target populations, service providers, implementation schedules, project director, and designs or research plans set forth in the approved agreement and for any budget changes that will transfer more than 10% of the total budget between budget categories. b. Subgrant recipients may transfer up to 10% of the total budget between current, approved budget categories without prior approval as long as the funds are transferred to an existing line item c. Under no circumstances can transfers of funds increase the total budgeted award. d, Requests for changes to the subgrant agreement must be electronically signed by the SFY 2012 Page 7 Attachment number 1 Page 20 of 32 Item # 17 Edward Byrne Memorial Justice Assistance Grant( JAG) Program Florida Department of Law Enforcement su bg ra ntee or implementing age ncy' s chief official or the chief official' s designee. e. Any certifications required for the requested changes, such as Sole Source, ADP Justification, Privacy Certification forms, and Confidential Funds certifications, must be signed by the subgrantee or implementing agency chief official or someone with formal, written signature authority for the chief off cial. 21. Disputes and Appeals a. The Department shall make its decision in writing when responding to any disputes, disagreements, or questions of fact arising under this agreement and shall distribute its response to all concerned parties. The subgrant recipient shall proceed diligently with the performance of this agreement according to the Departments decision. b. If the subgrant recipient appeals the Department's decision, the appeal also shall be made in writing within twenty-one( 21) calendar days to the Department's clerk( agency clerk). The subgrant recipient's right to appeal the Department's decision is contained in § 120, Fla, Stat., and in procedures set forth in Rule 28-106. 104, Florida Administrative Code. Failure to appeal within this time frame constitutes a waiver of proceedings under§ 120, Fla, Stat. 22. Conferences and Inspection of Work Conferences may be held at the request of any party to this agreement. At any time, a representative of the Department, of the U. S. Department of Justice, or the Auditor General of the State of Florida, have the right of visiting the project site to monitor, inspect and assess work performed under this agreement. 23. Access To Records a. The Department of Law Enforcement, the Auditor General of the State of Florida, the U. S. Department of Justice, the U. S. Comptroller General or any of their duly authorized representatives, shall have access to books, documents, papers and records of the subgrant recipient, implementing agency and contractors for the purpose of audit and examination according to the Financial Guide and the Common Rule. b. The Department reserves the right to unilaterally terminate this agreement if the subgrant recipient, implementing agency, or contractor refuses to allow public access to all documents, papers, letters, or other materials subject to provisions of§ 119, Fla. Stat., and made or received by the subgrant recipient or its contractor in conjunction with this agreement. c. The subgrant recipient will give the awarding agency or the General Accounting Office, through any authorized representative, access to and the right to examine all paper or electronic records related to the financial assistance, 24. Retention of Records The subgrant recipient shall maintain all records and documents for a minimum of five ( 5) years from the date of the final financial statement and be available for audit and public disclosure upon request of duly authorized persons. The subgrant recipient shall comply with State of Florida General Records Schedule GS 1-SL for State and Local Government Agencies: http://d! is.dos. state. fl. us/barm/genschedul es/GS1-SL, pdf. SFY 2012 Page 8 Attachment number 1 Page 21 of 32 Item # 17 Edward Byrne Memorial Justice Assistance Grant( JAG) Program Florida Department of Law Enforcement 25. Personnel Changes Upon implementation of the project, in the event there is a change In Chief Officials for the Subgrant recipient or Implementing Agency, project staff must notify the help desk for FDLE's online grants management system, SIMON ( Su bg rant Information Manag ement Online). so that the organization can be updated in SIMON. If the project director changes, a grant adjustment must be entered in SIMON to reflect the change. 26. Background Check Whenever a background screening for employment or a background security check is required by law for employment, unless otherwise provided by taw, the provisions of§ 435, Fla. Stat. shall apply. a. All positions in programs providing care to children, the developmentally disabled, or vulnerable adults for 15 hours or more per week; all permanent and temporary employee positions of the central abuse hotline-, and all persons working under contract who have access to abuse records are deemed to be persons and positions of special trust or responsibility and require employment screening pursuant to§ 435, Fla. Stat., using the level 2 standards set forth in that chapter. b. All employees in positions designated by law as positions of trust or responsibility shall be required to undergo security background investigations as a condition of employment and continued employment. For the purposes of the subsection, security background investigations shall include, but not be limited to, employment history checks, fingerprinting for all purposes and checks in this subsection, statewide criminal and juvenile records checks through the Florida Department of Law Enforcement, and federal criminal records checks through the Federal Bureau of Investigation, and may include local criminal records checks through local law enforcement agencies. 1) Any person who is required to undergo such a security background investigation and who refuses to cooperate in such investigation or refuses to submit fingerprints shall be disqualified for employment in such position or, if employed, shall be dismissed. 2) Such background investigations shall be conducted at the expense of the employing agency or employee. When fingerprinting is required, the fingerprints of the employee or applicant for employment shall be taken by the employing agency or by an authorized law enforcement officer and submitted to the Department of Law Enforcement for processing and forwarding, when requested by the employing agency, to the United States Department of Justice for processing. The employing agency shall reimburse the.Department of Law Enforcement for any costs incurred by it in the processing of the fingerprints. 27. Drug Court Projects A Drug Court Project must comply with § 397. 334, Fla, Stat., "Treatm ent-Based Drug Court Programs." 28. Overtime for Law Enforcement Personnel Prior to obligating funds from this award to support overtime by law enforcement officers, the U. S. Department of Justice encourages consultation with all allied components of the criminal justice system in the affected jurisdiction. The purpose of this consultation is to anticipate and plan for systemic impacts such as increased court dockets and the need for detention space. SFY 2012 Page 9 Attachment number 1 Page 22 of 32 Item # 17 Edward Byrne Memorial Justice Assistance Grant( JAG) Program Florida Department of Law Enforcement 29, Criminal Intelligence System The subgrant recipient agrees that any information technology system funded or supported by the Office of Justice Programs funds will comply with 28 C. F. R. Part 23, Criminal Intelligence Systems Operating Policies, if the Office of Justice Programs determines this regulation to be applicable. Should the Office of Justice Programs determine 28 C. F. R. Part 23 to be applicable, the Office of Justice Programs may, at its discretion, perform audits of the system, as per 28 C. F. R. 23.20( g). Should any violation of 28 C. F. R. Part 23 occur, the subgrant recipient may be fined as per 42 U. S. C, 3789g( c)-( d). The subgrant recipient may not satisfy such a fine with federal funds. 32. Confidential Funds A signed certification that the project director or the head of the Implementing Agency has read, understands, and agrees to abide by all of the conditions for confidential funds as set forth in the effective edition of the Office of Justice Programs Financial Guide is required from all projects that are involved with confidential funds. The signed certification must be submitted at the time of grant application, 33. Equal Employment Opportunity (EEO) a. Federal laws prohibit recipients of financial assistance from discriminating on the basis of race, color, national origin, religion, sex, disability, or age in funded programs or activities-All subgrant recipients and implementing agencies must comply with any applicable statutorilyimposed nondiscrimination requirements, which may include the Omnibus Crime Control and Safe Streets Act of 1968 (42 U. S. C. § 37894); the Victims of Crime Act( 42 U. S. C. § 10604( e)) The Juvenile Justice and Delinquency Prevention Act of 2002 (42 U. S. C. § 5672( b)); the Civil R ig hts Act of 1964 ( 42 U. S. C. § 2000d); the Rehabilitation Act of 1973 ( 29 U. S. C. § 7 94); the Americans with Disabilities Act of 1990 ( 42 U. S. C. § 12131-34); the Education Amendments of 1972 ( 20 U. S. C. §§ 1681, 1683, 1686-86); the Age Discrimination Act of 1975 ( 42 U. S. C. §§ 6101-07); and Department of Justice Non-Discrimination Regulations 28 CFR Part 42; see Ex. Order 13279 ( equal protection of the laws for faithbased and community organizations). b. A subgrant recipient or implementing agency must develop an EEO Plan if it has 50 or more employees and it has received any single award of$ 25, 000 or more from the Department of Justice. The plan must be prepared using the on-line short form at http://wv,/w, ojp,usdoi. gov/about/gcr/eeop_ qomply.htm, must be retained by the subgrant recipient or implementing agency, and must be available for review or audit. The organization must also submit an EEO Certification to FDLE. c. If the subgrant recipient or implementing agency is required to prepare an EEO Plan and has received any single award of$ 500, 000 or more from the Department of Justice, it must submit its plan to the Department of Justice for approval. A copy of the Department of Justice approval letter must be submitted to FDLE. The approval letter expires two years from the date of the letter. d. A subgrant recipient or implementing agency Js exempt from the EEO Plan requirement if it is has fewer than 50 employees or if it does not receive any single award of$ 25, 000 or more from the Department of Justice or if it is a nonprofit organization, a medical or educational institution, or an Indian Tribe. If an organization is exempt from the EEO Plan requirement, it must submit an EEO Certification to FDLE. e. The subgrant recipient and implementing agency acknowledge that failure to comply with EEO Requirements within 60 days of the project start date may result in suspension or termination of funding, until such time as it is in compliance. SFY 2012 Page 10 Attachment number 1 Page 23 of 32 Item # 17 Edward Justice Assistance Grant Florida Department of Law Enforcement f. [n the event a Federal or State court of Federal or State administrative agency makes o finding of discrimination after a due process hearing on the grounds of race, color, religion, national odgim, oex, or disability against recipient offunds, the recipient will forward a copy of the find| mQto the Office for Civil Rights, Off ice ofJusMceP, ng ram w. 34. Americans with Disabilities Act Subgnant recipients must comply with the requirements of the Americans with Disabilities Act ADA). PubHc,Law 1O1-336, vvh( oh proh| bitmdiscMrn[ nation by pub||cand private entities on the basis of disability and requires certain accommodations be made with regard to employment Title |). state and local government services and transportation ( Title ||). public accommodations Title | H)' and telecommunications (Title |V). 35. Immigration and Nationality Act No public funds will intentionally be awarded to any contractor who knowingly employs unauthorized alien workan$, constituting a violation of the employment provisions contained in 8 U. S. C. Section 1324a( o). Section 274A(e) of the Immigration and Nationality Act ("| NA^'). The Department shall consider the employment by any contractor ofunauthorized aliens a violation of Section 274A(e) oy the | NA. Such violation by the mubQnant recipient of the employment provisions contained in Section 274A(e) of the ( W/\ shall ba grounds for unilateral cancellation of this contract bythe Department. 36. National Environmental Policy Act( 0EpA) a. 7[ hesubgrant recipient agrees to asoiotFOLE in complying with the NEPA. the National Historic Preservation Act, and other related federal environmental impact analyses requirements in the use of subQnami funds by the mubgront recipient. This applies to the following new activities whether ornot they are being specifically funded with these oubgnant funds. That| s, it applies as long as the activity 1m being conducted by the subgrant recipient or any third party and the activity needs to be undertaken in order to use these subgrant funds. 1) New construction; Z) Minor renovation or remodeling of a property either( a) listed on or eligible for listing on the National Register of Historic Places or( b) located vvUb| n a 100-year flood plain; 3) A renovation, lease, or any other proposed use of building or facility that will either( a) result| no change 1n its basic prior use or( b) sign|ficanUy change its size; and 4) Implementation ofo new program involving the use pf chemicals other than chemicals that are ( a) purchased asenincidental component ofo funded activity and ( b) traditionally used, for example, in office, household, recreational, or educational environments. 5) Implementation of program relating to clandestine methamphatomine laboratory operations, including the identification, meizun*, or closure of clandestine methamphetann|ne laboratories. b. The aubQnant recipient understands and agrees that complying with NEPA may require the preparation ofan Environmental Assessment and/oron Environmental Impact Statement, as directed by the Bureau of Justice Assistance, The subgront recipient further understands and agrees to the requirements for implementation of Mitigation P! an, as detailed by the Department of Justice at' for progranno relating tunmeiharnphehamine laboratory operations. SfY20/2 Page 11 Attachment number 1 Page 24 of 32 Item # 17 Edward Byrne Memorial Justice Assistance Grant( JAG) Program Florida Department of Law Enforcement c. For any of a subgrant recipient' s existing programs or activities that will be funded by these subgrants, the subgrant recipient, upon specific request from the Department and the U. S, Department of Justice, agrees to cooperate with the Department of Justice in any preparation by Department of Justice of a national or program environmental assessment of that funded program or activity. 37. Non-Procurement, Debarment and Suspension The subgrant recipient agrees to comply with Executive Order 12549, Debarment and Suspension and 2 CFR 180, " OMB Guidelines To Agencies On Governmentwide Debarment And Suspension ( Non procurement)" These procedures require the subgrant recipient to certify it shall not enter into any lower tiered covered transaction with a person who is debarred, suspended, declared ineligible or is voluntarily excluded from participating in this covered transaction, unless authorized by the Department. If the subgrant is $ 100, 000 or more, the subgrant recipient and implementing agency certify that they and their principals: a. Are not presently debarred, suspended, proposed for debarment, declared ineligible, sentenced to a denial of Federal benefits by a State or Federal court, or voluntarily excluded from covered transactions by any Federal department or agency; b. Have not within a three-year period preceding this application been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public( Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; c. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity ( Federal, State, or local) with commission of any of the offenses enumerated in paragraph ( 1)( b) of this certification; and ci. Have not within a three-year period preceding this application had one or more public transactions ( Federal, State, or local) terminated for cause or default. 38. Federal Restrictions on Lobbying a. Each subgrant recipient agrees to comply with 28 CFR Part 69, " New Restrictions on Lobbying" and shall file the most current edition of the Certification And Disclosure Form, if applicable, with each submission that initiates consideration of such subgrant recipient for award of federal contract, grant, or cooperative agreement of$ 100, 000 or more. b. This certification is a material representation of fact upon which reliance was placed when this agreement was made. Submission of this certification is a prerequisite to entering into this agreement subject to conditions and penalties imposed by 31 USC 1352.. Any person who fails to file the required certification is subject to a civil penalty of not less than $ 10, 000 and not more than $ 100, 000 for each failure to file, c As required by 31 USC 1352, and implemented at 28 CFR 69, for persons entering into a grant or cooperative agreement over$ 100, 000, as defined at 28 CFR 69, the applicant certifies 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 making of any Federal SPY 20112 Page 12 Attachment number 1 Page 25 of 32 Item # 17 Edward Byrne Memorial Justice Assistance Grant( JAG) Program Florida Department of Law Enforcement grant, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal grant 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 grant or cooperative agreement, the undersigned shall complete and submit Standard Form -LLL, " Disclosure of Lobbying Activities," 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 subgrants, contracts under grants and cooperative agreements, and subcontracts) and that all sub-recipients shall certify and disclose accordingly. 39. State Restrictions on Lobbying In addition to the provisions contained in Item 39, above, the expenditure of funds for the purpose of lobbying the legislature or a state agency is prohibited under this contract. 40. Additional Restrictions on Lobbying The subgrant recipient understands and agrees that it cannot use any federal funds, either directly or indirectly, in support of the enactment, repeal, modification or adoption of any law, regulation or policy, at any level of government, without the express prior written approval of the Office of Justice Programs. 41. " Pay— to—Stay" Funds from this award may not be used to operate a" pay-to-stay' program in any local jail. Furthermore, no funds may be given to local jails that operate" pay-to-stay" programs, " Local jail," as referenced in this condition, means an adult facility or detention center owned andlor operated by city, county, or municipality. It does not include juvenile detention centers, " Pay-tostay" programs as referenced in this condition, means a program by which extraordinary services, amenities and/or accommodations, not otherwise available to the general inmate population, may be provided, based upon as offender's apparent ability to pay, such that disparate conditions of confinement are created for the same or similar offenders within a jurisdiction. 42. Mitigation of Health, Safety and Environmental risks dealing with Clandestine Methamphetamine Laboratories If an award is made to support methamphetamine laboratory operations the subgrant recipient must comply with this condition, which provides for individual site environmental asses-smentlimpact statements as required under the National Environmental Policy Act. a. General Requirement: The subgrant recipient agrees to comply with Federal, State, and local environmental, health and safety laws and regulations applicable to the investigation and closure of clandestine methamphetamine laboratories and the removal and disposal of the chemicals, equipment, and wastes used in or resulting from the operation of these laboratories, b. Specific Requirements: The subgrant recipient understands and agrees that any program or initiative involving the identification, seizure, or closure of clandestine methamphetamine laboratories can result in adverse health, safety and environmental impacts to ( 1) the law enforcement and other governmental personnel involved; ( 2) any residents, occupants, users, and neighbors of the site of a seized clandestine laboratory; ( 3) the seized laboratory site' s immediate and surrounding environment of the site( s) where any remaining chemicals, SFY 2012 Page 93 Attachment number 1 Page 26 of 32 Item # 17 Edward Byrne Memorial Justice Assistance Grant ( JAG) Program Florida Department of Law Enforcement equipment, and waste from a seized laboratory' s operations are placed or come to rest. Therefore, the subgrant recipient further agrees that in order to avoid or mitigate the possible adverse health, safety and environmental impacts from any of clandestine methamphetamine operations funded under this award, it will ( 1) include the nine, below listed protective measures or components; ( 2) provide for their adequate funding to include funding, as necessary, beyond that provided by this award; and ( 3) implement these protective measures directly throughout the life of the subgrant. In so doing, the subgrant recipient understands that it may implement these protective measures directly through the use of its own resources and staff or may secure the qualified services of other agencies, contractor or other qualified third party. 1) Provide medical screening of personnel assigned or to be assigned by the subgrant recipient to the seizure or closure if of clandestine methamphetamine laboratories; 2) Provide Occupational Safety and Health Administration ( OSHA) required initial and refresher training for law enforcement officials and other personnel assigned by the subgrant recipient to either the seizure or closure of clandestine methamphetamine laboratories; 3) As determined by their specific duties, equip personnel assigned to the project with OSHA required protective wear and other required safety equipment; 4) Assign properly trained personnel to prepare a comprehensive contamination report on each closed laboratory; 5) Employ qualified disposal contractors to remove all chemicals and associated glassware, equipment, and contaminated materials and wastes from the site( s) of each seized clandestine laboratory; 6) Dispose of the chemicals, equipment, and contaminated materials and wastes removed from the sites of seized laboratories at properly licensed disposal facilities or, when allowable, properly licensed recycling facilities-, 7) Monitor the transport, disposal, and recycling components of subparagraphs 5 and 6 immediately above in order to ensure proper compliance; 8) Have in place and implement an inter-agency agreement or other form of commitment with a responsible State environmental agency that provides for that agency' s( i) timely evaluation of the environmental conditions at and around the site of a closed clandestine laboratory and ( ii) coordination with the responsible party, property owner, or others to ensure that any residual contamination is remediated, if necessary, and in accordance with existing State and Federal requirements; and 9) Have in place and implement a written agreement with the responsible state or local service agencies to properly respond to any minor, as defined by state law, at the site. This agreement must ensure immediate response by qualified personnel who can ( i) respond to the potential health needs of any minor at the site-, (ii) take that minor into protective custody unless the minor is criminally involved in the meth lab activities or is subject to arrest for other criminal violations; ( ill) ensure immediate medical testing for methamphetamine toxicity; and ( iv) arrange for any follow-up medical tests, examinations, or health care made necessary as a result of methamphetamine toxicity. 43 Limited English Proficiency (LEP) In accordance with Department of Justice Guidance pertaining to Title VI of the Civil Rights Act of SPA' 2012 Page 14 Attachment number 1 Page 27 of 32 Item # 17 Edward Byrne Memorial Justice Assistance Grant( JAG) Program Florida Department of Law Enforcement 1964, 42 U. S. C. § 2000d, recipients of Federal financial assistance must take reasonable steps to provide meaningful access to their programs and activities for persons with LEP. For more information on the civil rights responsibilities that recipients have in providing language services to LEP individuals, please see the website at http://www.lep.gov. 44. The Coastal Barrier Resources Act The subgrant recipient will comply and assure the compliance of all contractors with the provisions of the Coastal Barrier Resources Act( P, L. 97-348) dated October 19, 1982 ( 16 USC 3501 et seq.) which prohibits the expenditure of most new Federal funds within the units of the Coastal Barrier Resources System. 45. Enhancement of Security If funds are used for enhancing security, the subgrant recipient agrees to: a. Have an adequate process to assess the impact of any enhancement of a school security measure that is undertaken on the incidence of crime in the geographic area where the enhancement is undertaken. b, Conduct such an assessment with respect to each such enhancement; and, submit to the Department the aforementioned assessment in its Final Program Report. 46. Environmental Protection Agency' s EPA) list of Violating Facilities The subgrant recipient assures that the facilities under its ownership, lease or supervision which shall be utilized in the accomplishment of the Program Purpose are not listed on the EPA's list of Violating Facilities and that it will notify the Department of the receipt of any communication from the Director of the EPA Office of Federal Activities indicating that a facility to be used in the project is under consideration for listing by the EPA. 47. Flood Disaster Protection Act The subgrant recipient will comply with Section 102( a) of the Flood Disaster Protection Act of 1973, Public Law 93-234, 87 Stat. 975, requiring that the purchase of flood insurance in communities where such insurance is available as a condition of the receipt of any federal financial assistance for construction or acquisition purposes for use in any area that has been identified as an area having special flood hazards. 48. National Historic Preservation Act It will assist the Department( if necessary) in assuring compliance with section 106 of the National Historic Preservation Act of 1966 ( 16 U. S. C. § 470), Ex. Order 11593 ( identification and protection of historic properties), the Archeological and Historical Preservation Act of 1974 ( 1 e U. S. C. § 469 a-1 et eq,), and the National Environmental Policy Act of 1969 ( 42 U.& C, § 4321), 49. Omnibus Crime Control and Safe Streets Act The subgrant recipient will comply and assure the compliance of all contractors, with the applicable provisions of Title I of the Omnibus Crime Control and Safe Streets Act of 1968, as amended; the Juvenile Justice and Delinquency Prevention Act, or the Victims of Crime Act; as appropriate; the provisions of the current edition of the Office of Justice Program Financial and Administrative Guide for Grants; and all other applicable State and Federal laws, orders, circulars, or regulations. SFY 2012 Page 95 Attachment number 1 Page 28 of 32 Item # 17 Edward Byrne Memorial Justice Assistance Grant( JAG) Program Florida Department of Law Enforcement 60. Human Research Subjects Subgrant recipient agrees to comply with the requirements of 28 C. F. R. part 46 and all Office of Justice Programs policies and procedures regarding the protection of human research subjects, including obtainment of Institutional Review Board approval, if appropriate, and subject informed consent. 51. National Information Exchange Model specifications To support public safety and justice information sharing, the Office of Justice Programs requires the subgrant recipient to use the National Information Exchange Model ( NIEM) specifications and guidelines for this particular grant. Subgrant recipient shall publish and make available without restriction all schemas generated as a result of this grant to the component registry as specified in the guidelines. For more information on compliance with this condition, visit http!//m,vw. nlem.gov/implementationquide. php, 52. Reporting, Data Collection and Evaluation The subgrant recipient agrees to comply with. all reporting, data collection and evaluation requirements, as prescribed by the Bureau of Justice Assistance in the program guidance for the Justice Assistance Grant( JAG). Compliance with these requirements will be monitored by the Bureau of Justice Assistance. 63. Privacy Certification The subgrant recipient agrees to comply with all confidentiality requirements of 42 U. S. C. section 3789g and 28 C. F. R. Part 22 that are applicable to collection, use, and revelation of data or information. Subgrant recipient further agrees, as a condition of grant approval, to submit a Privacy Certificate that is in accord with requirements of 28 C. F. R. Part 22 and, in particular, section 22. 23. 54. State Information Technology Point of Contact The subgrant recipient agrees to ensure that the State Information Technology Point of Contact receives written notification regarding any information technology project funded by this grant during the obligation and expenditures period. This is to facilitate communication among local and state governmental entities regarding various information technology projects being conducted with these grant funds. In addition, the recipient agrees to maintain an administrative file documenting the meeting of this requirement. For a list of State Information Technology Points of Contact, go to http://www. it. oip.gov/default.aspx?area= policyAndPractice& page= 1046. 55. Interstate Connectivity To avoid duplicating existing networks or IT systems in any initiatives funded by the Bureau of Justice Assistance for law enforcement information sharing systems which involve interstate connectivity between jurisdictions, such systems shall employ, to the extent possible, existing networks as the communication backbone to achieve interstate connectivity, unless the subgrant recipient can demonstrate to the satisfaction of the Bureau of Justice Assistance that this requirement would not be cost effective or would impair the functionality of an existing or proposed IT system. 56. Supplanting The subgrant recipient agrees that funds received under this award will not be used to supplant State or local funds, but will be used to increase the amounts of such funds that would, in the absence of Federal funds, be made available for law enforcement activities. SFY 2012 Page 16 Attachment number 1 Page 29 of 32 Item # 17 Edward Byrne Memorial Justice Assistance Grant( JAG) Program Florida Department of Law Enforcement 57. Conflict of Interest The subgrant recipient and implementing agency will establish safeguards to prohibit employees from using their positions for a purpose that constitutes or presents the appearance of personal or organizational conflict of interest, or personal gain. 58. Uniform Relocation Assistance and Real Property Acquisitions Act The subgrant recipient will comply with the requirements of the uniform Re location Assistance and Real Property Acquisitions Act of 1970 ( 42 U. S. C. § 4601 et seq.), which govern the treatment of persons displaced as a result of federal and federally-assisted programs. 59. Limitations on Government Employees Financed by Federal Assistance The subgrant recipient will comply with requirements of 5 U. S. C. §§ 1501-08 and §§ 7324-28; which limit certain political activities of State or local government employees whose principal employment is in connection with an activity financed in whole or in part by federal assistance. 60. Equal Treatment for Faith used Organizations The subgrant recipient agrees to comply with the applicable requirements of 28 C. F. R. Part 38, the Department of Justice regulation governing " Equal Treatment for Faith Based Organizations" the " Equal Treatment Regulation"). The Equal Treatment Regulation provides in part that Department of Justice grant awards of direct funding may not be used to fund any inherently religious activities, such as worship, religious instruction, or prose lytizatlon. Recipients of direct grants may still engage in inherently religious activities, but such activities must be separate in time or place from the Department of Justice funded program, and participation in such activities by individuals receiving services from the grantee or a sub-grantee must be voluntary. The Equal Treatment Regulation also makes clear that organizations participating in programs directly funded by the Department of Justice are not permitted to discriminate in the provision of services on the basis of a beneficiary' s religion. Notwithstanding any other special condition of this award, faith based organizations may, in some circumstances, consider religion as a basis for employment. See http: vww.ojp.qov/about/ocr/equaI fbo. htm. 61. Certification for Employees Working Solely on a Single Federal Award Any project staff that are fully funded by the grant must certify that they worked solely on the grant. The certification must be prepared at least semi annually and must be signed by the employee and by a supervisory official having first hand knowledge of the work performed by the employee. 62. Reporting Potential Fraud, Waste, Abuse, and Similar Misconduct The subgrant recipient must promptly refer to the Florida Department of Law Enforcement, Office of Criminal Justice Grants any credible evidence that a principal, employee, agent, contractor, subcontractor, or other person has either 1) submitted a false claim for grant funds under the False Claims Act; or 2) committed a criminal or civil violation of laws pertaining to fraud, conflict of interest, bribery, gratuity, or similar misconduct involving grant funds 63. Task Force Training Requirement The subgrant recipient agrees that within 120 days of award, for any law enforcement task force funded with these funds, the task force commander, agency executive, task force officers, and other task force members of equivalent rank, will complete required online ( internet-based) task force training to be provided free of charge through BJA's Center for Task Force Integrity and Leadership. All current and new task force members are required to complete this training once SFY 2012 Page 17 Attachment number 1 Page 30 of 32 Item # 17 Edward Byrne Memorial Justice Assistance Grant( JAG) Program Florida Department of Law Enforcement during the life of the award, or once every four years if multiple awards include this requirement, This training will address task force effectiveness as well as other key issues including privacy and civil liberties/rights, task force performance measurement, personnel selection, and task force oversight and accountability. Additional information will be provided by BJA regarding the required training and access methods via BJA's web site and the Center for Task Force Integrity and Leadership ( www.ctfli. org), 64. Funds to Association of Community Organizations for Reform Now (ACORN) Unallowable Subgrant recipient understands and agrees that it cannot use any federal funds, either directly or indirectly, in support of any contract or subaward to either the Association of Community Organizations for Reform Now ( ACORN) or its subsidiaries, without the express prior written approval of OJP. 65. High Risk Subgrant Recipients The subgrant recipient agrees to comply with any additional requirements that may be imposed during the grant performance period if the U. S. Department of Justice determines that the subgrant recipient is a high-risk grantee, Cf. 28 C. F. R. parts 66, 70. 66. Text Messaging While Driving Pursuant to Executive Order 13513, " Federal Leadership on Reducing Text Messaging While Driving," 74 Fed. Reg. 51225 ( October 1, 2009), the subgrant recipient is encouraged to adopt and enforce policies banning employees from text messaging while driving any vehicle during the course of performing work funded by this subgrant and to establish workplace safety policies and conduct education, awareness, and other outreach to decrease crashes caused by distracted drivers 67. Central Contractor Registry (CCR) The subgrant recipient must maintain the currency of its information in the CCR until it submits the final financial report required under this award or receives the final payment, whichever is later. This requires that the subgrant recipient review and update the information at least annually after the initial registration, and more frequently if required by changes in its information or another award term. 68. Maximum Allowable Salary No portion of these federal grant funds shall be used towards any part of the annual cash compensation of any employee of the subgrant recipient whose total annual cash compensation exceeds 110% of the maximum salary payable to a member of the Federal government's Senior Executive Service at an agency with a Certified SES Performance Appraisal System for that year, The salary table for SES employees is available at httg://www.opm. gov/ooa/lOtables/indexSES.asp.) A subgrant recipient may compensate an employee at a higher rate, provided the amount in excess of this compensation limitation is paid with non-federal funds.) This limitation on compensation rates allowable under this award may be waived on an individual basis at the discretion of the OJP official indicated in the program announcement under which this award is made. SPY 2012 Page 18 Attachment number 1 Page 31 of 32 Item # 17 Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant-County-wide In witness whereof, the parties affirm they each have read and agree to the conditions set forth in this agreement, have read and understand the agreement in its entirety and have executed this agreement by their duty authorized officers on the date, month and year set out belovv. Corrections on this page, including Strikeovers, whiteout, etc. are not acceptable. State of Florida Department of Law Enforcement Office of Criminal Justice Grants I j Signature: Zok1q. Typed Name and Title: 7'704 KWWCrisawky RawAdWtdatn c-," Date: Subgrant Recipient Authorizing Official of Governmental Unit Commission Chairman, Mayor, or Designated Representative) Typed Name of Subgrant Recipient: City of Clearwater, FL 7— Signature: Typed Name and Title: Frank V Hibbard , Mayor Date: 7-15-11 Implementing Agency Official, Administrator or Designated Representative 0 Typed Name of Imple trig e Clearwater Police Department Signature: Typed Name and Title: Ant rbny Holloway , Chief Date-, 7-5-11 Application Ref 2012-JAGC-1 727 Section # 6 Page 1 of Contract -JAGC-PINE---Rule Refefence 11©-9, 006 OCJG-005( rev. April 2005) Attachment number 1 Page 32 of 32 Item # 17 City Council Agenda Council Chambers -City Hall Meeting Date:10/20/2011 SUBJECT /RECOMMENDATION: Award a contract (purchase order) to Adkins Contracting, Inc, of Ruskin, Florida, in the amount of $538,012.84 for the removal and replacement of under drains and all associated and incidental work including restoration at locations throughout the City of Clearwater, and authorize the appropriate officials to execute same. (consent) SUMMARY: Based upon field investigation and evaluation, it is necessary to remove and replace over five thousand (5000) linear feet of existing under drain systems to control groundwater adjacent to City streets over the next twelve (12) months. These existing systems are deteriorated and near the end of their life cycle. This is a Unit Price Contract. The estimated quantities of items of Unit Price Work are not guaranteed and are solely for the purpose of comparison of Bids and determining an initial Contract Price. Eleven bids were received on this project, however due to significant errors in their bid tabulation, Sunshine Pipe withdrew their bid. Accordingly, it is recommended that the contract be awarded to Adkins Contracting, Inc. at $538,012.84. This is the second lowest bid and less than the engineer’s estimate. The Contractor will be directed to high priority and high-risk areas as established by engineering review of existing inspection reports, maintenance records, and field visits. The contract also allows for emergency repair work to be performed at the unit prices included in the contract. The City of Clearwater’s Stormwater Maintenance Division is responsible for operating, inspecting, and maintaining the under drain systems. The Streets and Sidewalks Division is responsible for maintaining the sidewalks, curbs, and gutters. Installation of new under drain will reduce the frequency of maintenance requests for wet sidewalks and curbs due to groundwater seepage for both divisions. Sufficient budget is available in Capital Improvement Program project 0315-92273, Streets and Sidewalks to fund the construction in the amount of $538,012.84. Type: Capital expenditure Current Year Budget?: Yes Budget Adjustment: No Budget Adjustment Comments: See summary Current Year Cost: $538,012.84 Annual Operating Cost: Not to Exceed: $538,012.84 Total Cost: $538,012.84 For Fiscal Year: 2011 to 2012 Appropriation Code Amount Appropriation Comment 0315-92273-563700-541-000-0000 $538,012.84 See summary Bid Required?: Yes Bid Number: 10-0016-EN Other Bid /Contract: Bid Exceptions: None Review Approval: Cover Memo Item # 18 BID ITEMS QTY UNIT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT 1 Mobilization 30 EA $ 612.53 $18,375.90 $ 2,000.00 $60,000.00 $ 1,390.00 $41,700.00 $ 1,200.00 $36,000.00 $ 1,600.00 $48,000.00 $ 1,720.00 $51,600.00 $7,200.00 $216,000.00 2 Maintenance of Traffic, Under drain, 2 Lane 2 Way 19 EA $ 262.11 $4,980.09 $ 2,000.00 $38,000.00 $ 245.00 $4,655.00 $ 895.00 $17,005.00 $250.00 $4,750.00 $ 370.00 $7,030.00 $1,400.00 $26,600.00 3 Maintenance of Traffic -Under drain, Multi Lane 5 EA $ 597.40 $2,987.00 $ 660.00 $3,300.00 $ 440.00 $2,200.00 $ 950.00 $4,750.00 $625.00 $3,125.00 $ 680.00 $3,400.00 $1,400.00 $7,000.00 4 Maintenance of Traffic -Kapok Park Trail 1 EA $ 115.40 $115.40 $ 300.00 $300.00 $ 564.00 $564.00 $ 350.00 $350.00 $375.00 $375.00 $ 370.00 $370.00 $725.00 $725.00 5 Maintenance of Traffic -Swale Curb 5 EA $ 240.00 $1,200.00 $ 450.00 $2,250.00 $ 317.00 $1,585.00 $ 995.00 $4,975.00 $100.00 $500.00 $ 370.00 $1,850.00 $1,400.00 $7,000.00 6 Sediment & Erosion Control 30 EA $ 83.17 $2,495.10 $ 135.00 $4,050.00 $ 247.00 $7,410.00 $ 25.00 $750.00 $125.00 $3,750.00 $ 1,000.00 $30,000.00 $265.00 $7,950.00 7 Portable Project Sign 2 EA $ 375.00 $750.00 $ 425.00 $850.00 $ 371.00 $742.00 $ 650.00 $1,300.00 $780.00 $1,560.00 $ 830.00 $1,660.00 $2,300.00 $4,600.00 8 Root Pruning 1,000 LF $ 6.00 $6,000.00 $ 5.00 $5,000.00 $ 4.63 $4,630.00 $ 6.50 $6,500.00 $4.20 $4,200.00 $ 7.30 $7,300.00 $12.00 $12,000.00 9 Tree Barricades 1,000 LF $ 3.80 $3,800.00 $ 1.00 $1,000.00 $ 6.33 $6,330.00 $ 7.50 $7,500.00 $2.80 $2,800.00 $ 1.10 $1,100.00 $12.00 $12,000.00 10 Remove Existing Underdrain 5,000 LF $ 2.53 $12,650.00 $ 5.00 $25,000.00 $ 3.40 $17,000.00 $ 15.00 $75,000.00 $10.35 $51,750.00 $ 6.70 $33,500.00 $11.00 $55,000.00 11 Remove Existing Concrete Sidewalk, 4" 1,250 SF $ 2.73 $3,412.50 $ 1.00 $1,250.00 $ 2.52 $3,150.00 $ 1.45 $1,812.50 $1.25 $1,562.50 $ 2.20 $2,750.00 $1.70 $2,125.00 12 Remove Existing Concrete Driveway, 6" 8,000 SF $ 2.19 $17,520.00 $ 1.50 $12,000.00 $ 2.30 $18,400.00 $ 1.95 $15,600.00 $0.75 $6,000.00 $ 2.70 $21,600.00 $2.40 $19,200.00 13 Remove Existing Asphalt 250 SY $ 18.45 $4,612.50 $ 10.00 $2,500.00 $ 6.80 $1,700.00 $ 8.50 $2,125.00 $20.00 $5,000.00 $ 27.00 $6,750.00 $2.20 $550.00 14 Core Existing Storm Inlet 20 EA $ 375.50 $7,510.00 $ 750.00 $15,000.00 $ 982.00 $19,640.00 $ 150.00 $3,000.00 $350.00 $7,000.00 $ 660.00 $13,200.00 $300.00 $6,000.00 15 Concrete Driveway, 6" 8,000 SF $ 4.07 $32,560.00 $ 5.00 $40,000.00 $ 3.71 $29,680.00 $ 8.50 $68,000.00 $6.50 $52,000.00 $ 5.20 $41,600.00 $4.30 $34,400.00 16 ADA Sidewalk Ramp, 4" concrete 750 SF $ 10.80 $8,100.00 $ 15.00 $11,250.00 $ 16.38 $12,285.00 $ 23.50 $17,625.00 $13.62 $10,215.00 $ 42.00 $31,500.00 $7.00 $5,250.00 17 Concrete Sidewalk, 4" 500 SF $ 3.54 $1,770.00 $ 3.50 $1,750.00 $ 4.00 $2,000.00 $ 5.00 $2,500.00 $5.97 $2,985.00 $ 5.10 $2,550.00 $2.80 $1,400.00 18 FDOT Underdrain Inspection Box, Index 245 4 EA $ 870.96 $3,483.84 $ 1,300.00 $5,200.00 $ 1,500.00 $6,000.00 $ 2,036.00 $8,144.00 $2,200.00 $8,800.00 $ 1,490.00 $5,960.00 $2,150.00 $8,600.00 19 6" Underdrain 127 LF $ 23.57 $2,993.39 $ 33.00 $4,191.00 $ 23.17 $2,942.59 $ 27.50 $3,492.50 $31.00 $3,937.00 $ 25.00 $3,175.00 $39.00 $4,953.00 20 6" Clean Out 2 EA $ 210.59 $421.18 $ 165.00 $330.00 $ 282.00 $564.00 $ 298.00 $596.00 $367.00 $734.00 $ 310.00 $620.00 $415.00 $830.00 21 Type C Storm Inlet -City Index 210 1 EA $ 1,852.08 $1,852.08 $ 3,400.00 $3,400.00 $ 1,430.00 $1,430.00 $ 2,425.00 $2,425.00 $2,300.00 $2,300.00 $ 5,900.00 $5,900.00 $2,100.00 $2,100.00 22 8" Underdrain 10,000 LF $ 26.12 $261,200.00 $ 36.00 $360,000.00 $ 19.36 $193,600.00 $ 29.70 $297,000.00 $24.82 $248,200.00 $ 26.00 $260,000.00 $20.00 $200,000.00 23 8" Clean Out 30 EA $ 229.63 $6,888.90 $ 200.00 $6,000.00 $ 313.00 $9,390.00 $ 301.50 $9,045.00 $367.00 $11,010.00 $ 310.00 $9,300.00 $440.00 $13,200.00 24 8" Solid PVC Storm Pipe 1,500 LF $ 12.45 $18,675.00 $ 21.00 $31,500.00 $ 15.70 $23,550.00 $ 16.00 $24,000.00 $18.00 $27,000.00 $ 17.00 $25,500.00 $13.00 $19,500.00 25 Type I Curb (remove and replace) 100 LF $ 26.37 $2,637.00 $ 50.00 $5,000.00 $ 41.77 $4,177.00 $ 24.00 $2,400.00 $27.00 $2,700.00 $ 28.00 $2,800.00 $20.00 $2,000.00 26 Modified Curb (remove and replace) 100 LF $ 34.37 $3,437.00 $ 50.00 $5,000.00 $ 41.77 $4,177.00 $ 25.00 $2,500.00 $28.00 $2,800.00 $ 25.00 $2,500.00 $18.00 $1,800.00 27 Valleygutter Curb (remove and replace) 100 LF $ 44.57 $4,457.00 $ 50.00 $5,000.00 $ 41.77 $4,177.00 $ 24.00 $2,400.00 $27.00 $2,700.00 $ 37.00 $3,700.00 $18.00 $1,800.00 28 Swale Curb, 2' wide, (bid includes adjacent asphalt) 100 LF $ 72.37 $7,237.00 $ 85.00 $8,500.00 $ 54.13 $5,413.00 $ 26.00 $2,600.00 $28.00 $2,800.00 $ 42.00 $4,200.00 $42.00 $4,200.00 29 Swale Curb, Valley Gutter, Index 107, (bid includes adjacent asphalt) 150 LF $ 43.75 $6,562.50 $ 55.00 $8,250.00 $ 86.25 $12,937.50 $ 32.00 $4,800.00 $32.00 $4,800.00 $ 78.00 $11,700.00 $105.00 $15,750.00 30 Asphalt 1-1/2" thick PC III 250 SY $ 30.09 $7,522.50 $ 14.50 $3,625.00 $ 45.80 $11,450.00 $ 35.00 $8,750.00 56 $14,000.00 $ 26.00 $6,500.00 105 $26,250.00 31 10" Thick Crushed Concrete Road Base 250 SY $ 26.91 $6,727.50 $ 26.00 $6,500.00 $ 31.66 $7,915.00 $ 39.50 $9,875.00 47 $11,750.00 $ 45.00 $11,250.00 25 $6,250.00 32 Sod Replacement (Bahia) 25,000 SF $ 0.58 $14,500.00 $ 0.50 $12,500.00 $ 0.66 $16,500.00 $ 0.55 $13,750.00 0.75 $18,750.00 $ 0.23 $5,750.00 0.25 $6,250.00 33 Sod Replacement (St. Augustine) 15,000 SF $ 0.71 $10,650.00 $ 0.60 $9,000.00 $ 0.86 $12,900.00 $ 0.75 $11,250.00 $ 1.00 $15,000.00 $ 0.40 $6,000.00 $ 0 .50 $7,500.00 34 Sod, CYNODON DACTYLON (BERMUDA 419-CERTIFIED) 560 SF $ 1.82 $1,019.20 $ 0.60 $336.00 $ 3.40 $1,904.00 $ 1.25 $700.00 $ 250.00 $140,000.00 $ 0.75 $420.00 $ 0 .45 $252.00 Subtotal (ITEMS 1-34) $489,102.58 $697,832.00 $492,698.09 $668,520.00 $722,853.50 $623,035.00 $739,035.00 35 10% Contingency LS $48,910.26 $69,783.20 $49,269.81 $66,852.00 $72,285.35 $62,303.50 $73,903.50 BIDDER'S GRAND TOTAL (ITEMS 1-35) $538,012.84 $767,615.20 $541,967.90 $735,372.00 $795,138.85 $685,338.50 $812,938.50 ALL AMERICAN CONCRETE ANDREW SITEWORK 2011 UNDERDRAIN PROJECT 10-0016-EN BID OPENING -THURSDAY, SPETEMBER 15, 2011 AWARD -THURSDAY, OCTOBER 20, 2011 DAVID NELSON CASTCO CONSTRUCTION DALLAS 1 CONSTRUCTION CONSTRUCTION ADKINS CONTRACTING, INC. CARL HANKINS, INC. Item # 18 BID ITEMS 1 Mobilization 2 Maintenance of Traffic, Under drain, 2 Lane 2 Way 3 Maintenance of Traffic -Under drain, Multi Lane 4 Maintenance of Traffic -Kapok Park Trail 5 Maintenance of Traffic -Swale Curb 6 Sediment & Erosion Control 7 Portable Project Sign 8 Root Pruning 9 Tree Barricades 10 Remove Existing Underdrain 11 Remove Existing Concrete Sidewalk, 4" 12 Remove Existing Concrete Driveway, 6" 13 Remove Existing Asphalt 14 Core Existing Storm Inlet 15 Concrete Driveway, 6" 16 ADA Sidewalk Ramp, 4" concrete 17 Concrete Sidewalk, 4" 18 FDOT Underdrain Inspection Box, Index 245 19 6" Underdrain 20 6" Clean Out 21 Type C Storm Inlet -City Index 210 22 8" Underdrain 23 8" Clean Out 24 8" Solid PVC Storm Pipe 25 Type I Curb (remove and replace) 26 Modified Curb (remove and replace) 27 Valleygutter Curb (remove and replace) 28 Swale Curb, 2' wide, (bid includes adjacent asphalt) 29 Swale Curb, Valley Gutter, Index 107, (bid includes adjacent asphalt) 30 Asphalt 1-1/2" thick PC III 31 10" Thick Crushed Concrete Road Base 32 Sod Replacement (Bahia) 33 Sod Replacement (St. Augustine) 34 Sod, CYNODON DACTYLON (BERMUDA 419-CERTIFIED) Subtotal (ITEMS 1-34) 35 10% Contingency BIDDER'S GRAND TOTAL (ITEMS 1-35) UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT $700.00 $21,000.00 $ 1,480.00 $44,400.00 $1,800.00 $54,000.00 $ 2,000.00 $60,000.00 $ 5 0.00 $1,500.00 $ 2,425.00 $72,750.00 $650.00 $12,350.00 $ 500.00 $9,500.00 $355.00 $6,745.00 $ 1,900.00 $36,100.00 $ 3 1.58 $600.02 $ 2,550.00 $48,450.00 $450.00 $2,250.00 $ 560.00 $2,800.00 $510.00 $2,550.00 $ 2,500.00 $12,500.00 $ 5 00.00 $2,500.00 $ 2,500.00 $12,500.00 $350.00 $350.00 $ 250.00 $250.00 $325.00 $325.00 $ 1,000.00 $1,000.00 $ 5 00.00 $500.00 $ 300.00 $300.00 $450.00 $2,250.00 $ 280.00 $1,400.00 $165.00 $825.00 $ 1,200.00 $6,000.00 $ 6 00.00 $3,000.00 $ 425.00 $2,125.00 $500.00 $15,000.00 $ 715.00 $21,450.00 $195.00 $5,850.00 $ 250.00 $7,500.00 $ 5 0.00 $1,500.00 $ 660.00 $19,800.00 $500.00 $1,000.00 $ 600.00 $1,200.00 $410.00 $820.00 $ 500.00 $1,000.00 $ 1 ,000.00 $2,000.00 $ 1,200.00 $2,400.00 $5.00 $5,000.00 $ 7.80 $7,800.00 $11.00 $11,000.00 $ 6.00 $6,000.00 $ 5 .00 $5,000.00 $ 8.00 $8,000.00 $10.00 $10,000.00 $ 3.50 $3,500.00 $4.29 $4,290.00 $ 3.00 $3,000.00 $ 3 .00 $3,000.00 $ 5.00 $5,000.00 $13.00 $65,000.00 $ 5.60 $28,000.00 $9.05 $45,250.00 $ 3.00 $15,000.00 $ 5 .00 $25,000.00 $ 7.00 $35,000.00 $5.00 $6,250.00 $ 3.05 $3,812.50 $1.60 $2,000.00 $ 1.00 $1,250.00 $ 1 .20 $1,500.00 $ 0.90 $1,125.00 $5.00 $40,000.00 $ 2.05 $16,400.00 $2.30 $18,400.00 $ 1.25 $10,000.00 $ 1 .25 $10,000.00 $ 1.30 $10,400.00 $10.00 $2,500.00 $ 10.00 $2,500.00 $0.90 $225.00 $ 5.00 $1,250.00 $ 1 0.00 $2,500.00 $ 9.00 $2,250.00 $500.00 $10,000.00 $ 800.00 $16,000.00 $345.00 $6,900.00 $ 1,200.00 $24,000.00 $ 1 50.00 $3,000.00 $ 860.00 $17,200.00 $5.50 $44,000.00 $ 5.75 $46,000.00 $6.75 $54,000.00 $ 4.60 $36,800.00 $ 3 .33 $26,640.00 $ 6.00 $48,000.00 $13.00 $9,750.00 $ 19.25 $14,437.50 $10.35 $7,762.50 $ 12.00 $9,000.00 $ 1 6.00 $12,000.00 $ 10.40 $7,800.00 $6.00 $3,000.00 $ 9.55 $4,775.00 $4.75 $2,375.00 $ 4.00 $2,000.00 $ 3 .00 $1,500.00 $ 3.50 $1,750.00 $1,000.00 $4,000.00 $ 1,320.00 $5,280.00 $1,155.00 $4,620.00 $ 1,400.00 $5,600.00 $ 1 ,000.00 $4,000.00 $ 1,100.00 $4,400.00 $35.00 $4,445.00 $ 23.00 $2,921.00 $33.55 $4,260.85 $ 27.50 $3,492.50 $ 3 5.00 $4,445.00 $ 30.00 $3,810.00 $130.00 $260.00 $ 365.00 $730.00 $355.00 $710.00 $ 400.00 $800.00 $ 3 50.00 $700.00 $ 310.00 $620.00 $5,620.00 $5,620.00 $ 2,900.00 $2,900.00 $3,235.00 $3,235.00 $ 3,100.00 $3,100.00 $ 2 ,500.00 $2,500.00 $ 1,550.00 $1,550.00 $31.00 $310,000.00 $ 24.40 $244,000.00 $31.45 $314,500.00 $ 28.50 $285,000.00 $ 2 0.80 $208,000.00 $ 29.00 $290,000.00 $150.00 $4,500.00 $ 370.00 $11,100.00 $380.00 $11,400.00 $ 400.00 $12,000.00 $ 2 50.00 $7,500.00 $ 390.00 $11,700.00 $19.00 $28,500.00 $ 24.50 $36,750.00 $17.00 $25,500.00 $ 27.00 $40,500.00 $ 8 .00 $12,000.00 $ 21.30 $31,950.00 $36.00 $3,600.00 $ 38.00 $3,800.00 $20.00 $2,000.00 $ 30.00 $3,000.00 $ 2 5.00 $2,500.00 $ 21.40 $2,140.00 $36.00 $3,600.00 $ 38.00 $3,800.00 $15.65 $1,565.00 $ 30.00 $3,000.00 $ 2 5.00 $2,500.00 $ 21.40 $2,140.00 $39.00 $3,900.00 $ 41.00 $4,100.00 $18.20 $1,820.00 $ 35.00 $3,500.00 $ 2 5.00 $2,500.00 $ 26.35 $2,635.00 $57.00 $5,700.00 $ 42.00 $4,200.00 $46.85 $4,685.00 $ 48.00 $4,800.00 $ 2 5.00 $2,500.00 $ 146.00 $14,600.00 $52.00 $7,800.00 $ 41.00 $6,150.00 $37.75 $5,662.50 $ 48.00 $7,200.00 $ 3 0.00 $4,500.00 $ 152.00 $22,800.00 $23.00 $5,750.00 $ 35.00 $8,750.00 $ 1 6.70 $4,175.00 $ 18.00 $4,500.00 $ 1 2.00 $3,000.00 $ 145.00 $36,250.00 $50.00 $12,500.00 $ 28.00 $7,000.00 $ 2 1.00 $5,250.00 $ 25.00 $6,250.00 $ 2 0.00 $5,000.00 $ 15.00 $3,750.00 $0.70 $17,500.00 $ 0.60 $15,000.00 $ 0.42 $10,500.00 $ 0.30 $7,500.00 $ 0 .20 $5,000.00 $ 0.35 $8,750.00 $0.90 $13,500.00 $ 0.75 $11,250.00 $ 0.51 $7,650.00 $ 0.50 $7,500.00 $ 0 .20 $3,000.00 $ 0.50 $7,500.00 $2.15 $1,204.00 $ 1.00 $560.00 $ 0 .74 $414.40 $ 1.00 $560.00 $ 1 .00 $560.00 $ 0.50 $280.00 $682,079.00 $592,516.00 $631,265.25 $630,702.50 $371,945.02 $739,725.00 $68,207.90 $59,251.60 $63,126.53 $63,070.25 $37,194.50 $73,972.50 $750,286.90 $651,767.60 $694,391.78 $693,772.75 $409,139.52 $813,697.50 WESTRA CONSTRUCTION 2011 UNDERDRAINS 10-0016-EN BID OPENING: SEPTEMBER 14, 2011 AWARD: OCTOBER 20, 2011 R. E. PURCELL ROWLAND, INC SUNCOAST DEV. OF KIMMINS CONTRACTING PINELLAS COUNTY SUNSHINE PIPE Item # 18 Attachment number 2 Page 1 of 17 Item # 18 Attachment number 2 Page 2 of 17 Item # 18 Attachment number 2 Page 3 of 17 Item # 18 Attachment number 2 Page 4 of 17 Item # 18 Attachment number 2 Page 5 of 17 Item # 18 Attachment number 2 Page 6 of 17 Item # 18 Attachment number 2 Page 7 of 17 Item # 18 Attachment number 2 Page 8 of 17 Item # 18 Attachment number 2 Page 9 of 17 Item # 18 Attachment number 2 Page 10 of 17 Item # 18 Attachment number 2 Page 11 of 17 Item # 18 Attachment number 2 Page 12 of 17 Item # 18 Attachment number 2 Page 13 of 17 Item # 18 Attachment number 2 Page 14 of 17 Item # 18 Attachment number 2 Page 15 of 17 Item # 18 Attachment number 2 Page 16 of 17 Item # 18 Attachment number 2 Page 17 of 17 Item # 18 City Council Agenda Council Chambers -City Hall Meeting Date:10/20/2011 SUBJECT /RECOMMENDATION: Award a contract (purchase order) to Andrew Site Work, Inc. of Bonita Springs, Florida for the construction of the Greenlea East-West Reclaimed Water Interconnect Project in the amount of $1,476,918.69, which is the lowest responsible bid in accordance with plans and specifications, and authorize the appropriate officials to execute same. (consent) SUMMARY: Construction is for the installation of a reclaimed water (RCW) transmission main along Overbrook Road, Betty Lane, Sandy Lane, Kings Highway, and Greenlea Drive from Douglas Avenue to Keene Road; along Keene Road from the CSX railroad right-of-way (ROW) to Union Street; and along Montclair Road from Keene Road to Hercules Avenue. Due to low construction costs the City is experiencing in constructing/installing reclaimed water (RCW) pipelines in the City, amendments to the Southwest Florida Water Management District (SWFWMD) Cooperative Funding Agreements were approved to expand the areas from the original scope. On November 4, 2010, City Council approved a Cooperative Funding Agreement between the City and SWFWMD which includes reimbursement of up to 50% of the cost of construction of this reclaimed water project up to a maximum of $738,459.34. The goal of this and all other reclaimed water projects is to reduce the amount of potable water and groundwater being used for irrigation and other non-potable uses. In addition, expansion of the Reclaimed Water Distribution System in accordance with Reclaimed Water Master Plan brings the City of Clearwater closer to achieving zero-discharge of effluent to Tampa Bay and adjacent surface waters. The project was competitively bid and Andrew Site Work, Inc. was the lowest responsible bidder for a proposed fee of $1,476,918.69. Construction, Engineering, and Inspection (CEI) services during the construction period will be completed by URS, Inc. (EOR), which includes daily on-site construction inspection, engineering assistance with onsite observations and interpretations, review of shop drawings, attending meetings, and providing record drawings. The contract period for construction is 210 consecutive calendar days estimated to start in November 2011 and finish in June 2012. The Public Utilities Department shall own and maintain the proposed improvements included in this contract. A first quarter amendment will increase budget only in Capital Improvement Program project 0315-96739, Reclaimed Water Distribution of Other Governmental Revenues (337900) for SWFWMD's share of the project in the amount of $738,459.34. Sufficient budget is available in Sewer Revenue in 0315-96739, Reclaimed Water Distribution in the amount of $738,459.35 to provide total funding in the amount of $1,476,916.69 to fund this contract. Cover Memo Item # 19 Type: Capital expenditure Current Year Budget?: No Budget Adjustment: Yes Budget Adjustment Comments: See summary Current Year Cost: $1,476,918.69 Annual Operating Cost: Not to Exceed: $1,476,918.69 Total Cost: $1,476,918.69 For Fiscal Year: 2011 to 2012 Appropriation Code Amount Appropriation Comment 0315-96739-563800-533-000-0000 $1,476,918.69 See summary Bid Required?: Yes Bid Number: 10-0038-UT Other Bid /Contract: Bid Exceptions: None Review Approval: Cover Memo Item # 19 BID ITEMS QTY UNIT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT 1 Mobilization (3.5% Maximum) 1 LS $ 3 4,120.00 $ 34,120.00 $ 61,103.52 $ 61,103.52 $ 42,500.00 $ 42,500.00 $ 65,132.00 $ 65,132.00 $ 47,000.00 $ 47,000.00 $ 53,625.00 $ 5 3,625.00 $ 60,000.00 $ 60,000.00 $ 5 5,000.00 $ 55,000.00 2 Maintenance of Traffic (5% Maximum) 1 LS $ 4 5,300.00 $ 45,300.00 $ 91,656.60 $ 91,656.60 $ 41,500.00 $ 41,500.00 $ 35,061.00 $ 35,061.00 $ 40,594.55 $ 40,594.55 $ 37,500.00 $ 3 7,500.00 $ 63,448.00 $ 63,448.00 $ 7 8,000.00 $ 78,000.00 3 F&I 4” PVC Pipe by Horizontal Directional Drill 2,600 LF $ 11.27 $ 29,302.00 $ 29.66 $ 77,116.00 $ 19.61 $ 50,986.00 $ 16.40 $ 42,640.00 $ 13.29 $ 34,554.00 $ 16.40 $ 4 2,640.00 $ 20.00 $ 52,000.00 $ 2 5.00 $ 65,000.00 4 F&I 6” PVC Pipe by Horizontal Directional Drill 150 LF $ 16.01 $ 2,401.50 $ 26.90 $ 4,035.00 $ 32.00 $ 4,800.00 $ 23.90 $ 3,585.00 $ 18.98 $ 2,847.00 $ 27.10 $ 4 ,065.00 $ 39.00 $ 5,850.00 $ 4 0.00 $ 6 ,000.00 5 F&I 8” PVC Pipe by Horizontal Directional Drill 3,000 LF $ 25.57 $ 76,710.00 $ 42.48 $ 127,440.00 $ 31.50 $ 94,500.00 $ 36.90 $ 110,700.00 $ 27.68 $ 83,040.00 $ 31.15 $ 9 3,450.00 $ 40.00 $ 120,000.00 $ 4 4.00 $ 132,000.00 6 F&I 12” PVC Pipe by Horizontal Directional Drill 15,000 LF $ 53.86 $ 807,900.00 $ 77.60 $ 1,164,000.00 $ 76.95 $ 1 ,154,250.00 $ 78.70 $ 1,180,500.00 $ 52.53 $ 7 87,950.00 $ 63.80 $ 957,000.00 $ 84.75 $ 1,271,250.00 $ 6 5.00 $ 975,000.00 7 F&I 4” PVC Pipe by Open Cut 120 LF $ 69.88 $ 8,385.60 $ 35.63 $ 4,275.60 $ 22.00 $ 2,640.00 $ 40.00 $ 4,800.00 $ 1 10.30 $ 13,236.00 $ 1 55.65 $ 1 8,678.00 $ 40.00 $ 4,800.00 $ 3 8.00 $ 4 ,560.00 8 F&I 6” PVC Pipe by Open Cut 50 LF $ 46.52 $ 2,326.00 $ 90.12 $ 4,506.00 $ 30.00 $ 1,500.00 $ 19.60 $ 980.00 $ 39.84 $ 1,992.00 $ 1 29.35 $ 6 ,467.50 $ 91.50 $ 4,575.00 $ 3 9.00 $ 1 ,950.00 9 F&I 8” PVC Pipe by Open Cut 120 LF $ 1 23.33 $ 14,799.60 $ 49.59 $ 5,950.80 $ 51.00 $ 6,120.00 $ 29.80 $ 3,576.00 $ 1 20.94 $ 14,512.80 $ 1 45.20 $ 1 7,424.00 $ 59.00 $ 7,080.00 $ 5 5.00 $ 6 ,600.00 10 F&I 12” PVC Pipe by Open Cut 250 LF $ 4 78.52 $ 119,630.00 $ 69.82 $ 17,455.00 $ 88.00 $ 22,000.00 $ 85.40 $ 21,350.00 $ 1 57.92 $ 39,480.00 $ 2 59.95 $ 6 4,987.50 $ 81.50 $ 20,375.00 $ 9 0.00 $ 22,500.00 11 F&I 4” Resilient Wedge Gate Valve & Valve Box 3 EA $ 7 12.55 $ 2,137.65 $ 1 ,011.53 $ 3,034.59 $ 1 ,100.00 $ 3,300.00 $ 8 89.00 $ 2,667.00 $ 1 ,072.60 $ 3,217.80 $ 7 90.00 $ 2 ,370.00 $ 1,550.00 $ 4,650.00 $ 8 90.00 $ 2 ,670.00 12 F&I 6” Resilient Wedge Gate Valve & Valve Box 2 EA $ 9 30.00 $ 1,860.00 $ 1 ,130.55 $ 2,261.10 $ 1 ,300.00 $ 2,600.00 $ 1 ,028.00 $ 2,056.00 $ 1 ,341.38 $ 2,682.76 $ 1 ,005.00 $ 2 ,010.00 $ 1,810.00 $ 3,620.00 $ 1 ,100.00 $ 2 ,200.00 13 F&I 8” Resilient Wedge Gate Valve & Valve Box 4 EA $ 1 ,280.00 $ 5,120.00 $ 1 ,242.32 $ 4,969.28 $ 1 ,500.00 $ 6,000.00 $ 1 ,388.00 $ 5,552.00 $ 1 ,477.14 $ 5,908.56 $ 1 ,280.00 $ 5 ,120.00 $ 2,080.00 $ 8,320.00 $ 1 ,500.00 $ 6 ,000.00 14 F&I 12” Resilient Wedge Gate Valve & Valve Box 15 EA $ 2 ,146.00 $ 32,190.00 $ 1 ,854.82 $ 27,822.30 $ 2 ,295.00 $ 34,425.00 $ 2 ,338.00 $ 35,070.00 $ 2 ,507.19 $ 37,607.85 $ 2 ,035.00 $ 3 0,525.00 $ 2,847.00 $ 42,705.00 $ 2 ,600.00 $ 39,000.00 15 F&I 4" Blow-off Assembly, Reclaimed Water System 8 EA $ 1 ,300.00 $ 10,400.00 $ 1 ,687.70 $ 13,501.60 $ 1 ,710.00 $ 13,680.00 $ 1 ,413.00 $ 11,304.00 $ 1 ,087.70 $ 8,701.60 $ 1 ,240.00 $ 9 ,920.00 $ 3,213.00 $ 25,704.00 $ 1 ,100.00 $ 8 ,800.00 16 F&I 1” Short Side Service Assembly for Reclaimed Water System 15 EA $ 4 49.00 $ 6,735.00 $ 8 22.35 $ 12,335.25 $ 6 90.00 $ 10,350.00 $ 6 13.00 $ 9,195.00 $ 4 91.93 $ 7,378.95 $ 7 75.00 $ 1 1,625.00 $ 600.00 $ 9,000.00 $ 6 20.00 $ 9 ,300.00 17 F&I 2” Short Side Service Assembly for Reclaimed Water System 15 EA $ 8 62.00 $ 12,930.00 $ 1 ,147.17 $ 17,207.55 $ 1 ,490.00 $ 22,350.00 $ 1 ,051.00 $ 15,765.00 $ 1 ,035.47 $ 15,532.05 $ 1 ,165.00 $ 1 7,475.00 $ 1,021.00 $ 15,315.00 $ 9 95.00 $ 14,925.00 18 F&I 1” Long Side Service Assembly for Reclaimed Water System (2” Casing) 15 EA $ 7 83.00 $ 11,745.00 $ 1 ,305.05 $ 19,575.75 $ 7 99.00 $ 11,985.00 $ 9 21.00 $ 13,815.00 $ 9 68.89 $ 14,533.35 $ 1 ,170.00 $ 1 7,550.00 $ 800.00 $ 12,000.00 $ 1 ,400.00 $ 21,000.00 19 F&I 2” Long Side Service Assembly for Reclaimed Water System (4” Casing) 15 EA $ 1 ,357.00 $ 20,355.00 $ 2 ,354.27 $ 35,314.05 $ 1 ,893.00 $ 28,395.00 $ 1 ,380.00 $ 20,700.00 $ 1 ,302.31 $ 19,534.65 $ 1 ,715.00 $ 2 5,725.00 $ 1,500.00 $ 22,500.00 $ 1 ,900.00 $ 28,500.00 20 F&I Combination Air Valve Type I 5 EA $ 4 ,213.00 $ 21,065.00 $ 6 ,088.68 $ 30,443.40 $ 3 ,910.00 $ 19,550.00 $ 4 ,026.00 $ 20,130.00 $ 4 ,201.38 $ 21,006.90 $ 4 ,150.00 $ 2 0,750.00 $ 4,479.00 $ 22,395.00 $ 4 ,100.00 $ 20,500.00 21 F&I Combination Air Valve Type II 6 EA $ 2 ,353.00 $ 14,118.00 $ 4 ,374.70 $ 26,248.20 $ 2 ,550.00 $ 15,300.00 $ 2 ,725.00 $ 16,350.00 $ 2 ,987.57 $ 17,925.42 $ 2 ,600.00 $ 1 5,600.00 $ 2,685.00 $ 16,110.00 $ 2 ,500.00 $ 15,000.00 22 Root Pruning 200 LF $ 7.30 $ 1,460.00 $ 7.45 $ 1,490.00 $ 6.00 $ 1,200.00 $ 28.00 $ 5,600.00 $ 20.89 $ 4,178.00 $ 7.15 $ 1 ,430.00 $ 5.50 $ 1,100.00 $ 5 .50 $ 1 ,100.00 23 Tree Barricades 1 LS $ 3 ,200.00 $ 3,200.00 $ 6 ,405.66 $ 6,405.66 $ 2 ,000.00 $ 2,000.00 $ 2 ,800.00 $ 2,800.00 $ 5 ,918.55 $ 5,918.55 $ 3 ,100.00 $ 3 ,100.00 $ 800.00 $ 800.00 $ 1 2,000.00 $ 12,000.00 24 4" Single Meter Assembly 2 EA $ 5 ,374.00 $ 10,748.00 $ 3 ,900.53 $ 7,801.06 $ 6 ,630.00 $ 13,260.00 $ 5 ,354.00 $ 10,708.00 $ 4 ,479.41 $ 8,958.82 $ 6 ,275.00 $ 1 2,550.00 $ 2,688.00 $ 5,376.00 $ 5,800.00 $ 11,600.00 25 4" Parallel Meter Set 1 EA $ 9 ,842.00 $ 9,842.00 $ 10,786.38 $ 10,786.38 $ 10,100.00 $ 10,100.00 $ 9 ,225.00 $ 9,225.00 $ 6 ,209.53 $ 6,209.53 $ 9 ,725.00 $ 9 ,725.00 $ 6,385.00 $ 6,385.00 $ 9,800.00 $ 9 ,800.00 26 F&I Irrigation System Connection 2 EA $ 4 ,750.00 $ 9,500.00 $ 2 ,415.69 $ 4,831.38 $ 5 ,370.00 $ 10,740.00 $ 4 ,540.00 $ 9,080.00 $ 7 27.73 $ 1,455.46 $ 5 ,600.00 $ 1 1,200.00 $ 4,875.00 $ 9,750.00 $ 5,400.00 $ 10,800.00 27 Sod Restoration as Directed by the Owner or the Owner's Authorized Project Representative 300 SY $ 7.90 $ 2,370.00 $ 10.85 $ 3,255.00 $ 4.50 $ 1,350.00 $ 4.20 $ 1,260.00 $ 12.24 $ 3,672.00 $ 4.24 $ 1 ,272.00 $ 4.30 $ 1,290.00 $ 2 .00 $ 6 00.00 28 Concrete Driveway Restoration as Directed by the Owner or the Owner's Authorized Project Representative 200 SY $ 30.82 $ 6,164.00 $ 64.53 $ 12,906.00 $ 49.00 $ 9,800.00 $ 50.00 $ 10,000.00 $ 87.17 $ 17,434.00 $ 61.00 $ 1 2,200.00 $ 39.00 $ 7,800.00 $ 4 3.50 $ 8 ,700.00 29 Concrete Sidewalk Restoration as Directed by the Owner or the Owner's Authorized Project Representative 100 SY $ 25.88 $ 2,588.00 $ 43.77 $ 4,377.00 $ 42.00 $ 4,200.00 $ 44.00 $ 4,400.00 $ 79.42 $ 7,942.00 $ 41.75 $ 4 ,175.00 $ 37.80 $ 3,780.00 $ 3 6.25 $ 3 ,625.00 30 Concrete Curb Restoration as Directed by the Owner or the Owner's Authorized Project Representative 100 LF $ 22.40 $ 2,240.00 $ 26.00 $ 2,600.00 $ 22.00 $ 2,200.00 $ 32.00 $ 3,200.00 $ 26.57 $ 2,657.00 $ 27.20 $ 2 ,720.00 $ 23.00 $ 2,300.00 $ 2 0.40 $ 2 ,040.00 31 Underdrain Restoration as Directed by the Owner or the Owner's Authorized Project Representative 100 LF $ 29.26 $ 2,926.00 $ 49.20 $ 4,920.00 $ 41.00 $ 4,100.00 $ 30.00 $ 3,000.00 $ 14.20 $ 1,420.00 $ 45.00 $ 4 ,500.00 $ 39.50 $ 3,950.00 $ 1 7.25 $ 1 ,725.00 32 Asphalt Paving Restoration as Directed by the Owner or the Owner's Authorized Project Representative 200 SY $ 9.67 $ 1,934.00 $ 48.88 $ 9,776.00 $ 29.00 $ 5,800.00 $ 50.00 $ 10,000.00 $ 32.22 $ 6,444.00 $ 57.50 $ 1 1,500.00 $ 27.00 $ 5,400.00 $ 2 8.40 $ 5 ,680.00 33 Compact DI Restrained Joint Fittings as Directed by the Owner or the Owner's Authorized Project Representative 6000 LB $ 1.15 $ 6,900.00 $ 7.25 $ 43,500.00 $ 3.00 $ 18,000.00 $ 3.00 $ 18,000.00 $ 9.74 $ 58,440.00 $ 8.75 $ 5 2,500.00 $ 5.55 $ 33,300.00 $ 3 .10 $ 18,600.00 34 Unsuitable Material Excavation Below Grade as Directed by the Owner or the Owner's Authorized Project Representative 50 CY $ 6.81 $ 3 40.50 $ 18.77 $ 938.50 $ 38.00 $ 1,900.00 $ 18.00 $ 900.00 $ 59.18 $ 2,959.00 $ 14.50 $ 725.00 $ 12.00 $ 600.00 $ 4 .70 $ 2 35.00 35 Select Backfill Below Grade as Directed by the Owner or the Owner's Authorized Project Representative 50 CY $ 23.61 $ 1,180.50 $ 18.77 $ 938.50 $ 31.00 $ 1,550.00 $ 12.00 $ 600.00 $ 29.59 $ 1,479.50 $ 17.50 $ 875.00 $ 13.62 $ 681.00 $ 1 7.75 $ 8 87.50 36 Asphalt Overlay as Directed by the Owner or the Owner's Authorized Project Representative 100 SY $ 17.30 $ 1,730.00 $ 50.29 $ 5,029.00 $ 17.00 $ 1,700.00 $ 22.00 $ 2,200.00 $ 17.74 $ 1,774.00 $ 27.00 $ 2 ,700.00 $ 27.00 $ 2,700.00 $ 3 2.15 $ 3 ,215.00 GREENLEA EAST WEST INTERCONNECT 10-0038-UT WESTRA CONSTRUCTION BID OPENING -THURSDAY, SEPTEMBER 29, 2011 AWARD -THURSDAY, October 20, 2011 TB LANDMARK ANDREW SITEWORK CASTCO CONSTRUCTION GREGORY ELECTRIC HARRIS-MCBURNEY MASTEC NA, INC. ROWLAND, INC. CONSTRUCTION Item # 19 BID ITEMS QTY UNIT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT GREENLEA EAST WEST INTERCONNECT 10-0038-UT WESTRA CONSTRUCTION BID OPENING -THURSDAY, SEPTEMBER 29, 2011 AWARD -THURSDAY, October 20, 2011 TB LANDMARK ANDREW SITEWORK CASTCO CONSTRUCTION GREGORY ELECTRIC HARRIS-MCBURNEY MASTEC NA, INC. ROWLAND, INC. CONSTRUCTION SUB-TOTAL ITEMS 1-36 $ 1,342,653.35 $ 1,869,806.07 $ 1 ,676,631.00 $ 1,711,901.00 $ 1 ,350,178.10 $ 1,585,679.00 $ 1,876,909.00 $ 1,605,112.50 10% CONTINGENCY $ 134,265.34 $ 186,980.61 $ 1 67,663.10 $ 171,190.10 $ 1 35,017.81 $ 158,567.90 $ 187,690.90 $ 160,511.25 TOTAL PROJECT COST $ 1,476,918.69 $ 2,056,786.68 $ 1 ,844,294.10 $ 1,883,091.10 $ 1 ,485,195.91 $ 1,744,246.90 $ 2,064,599.90 $ 1,765,623.75 Item # 19 Attachment number 2 Page 1 of 16 Item # 19 Attachment number 2 Page 2 of 16 Item # 19 Attachment number 2 Page 3 of 16 Item # 19 Attachment number 2 Page 4 of 16 Item # 19 Attachment number 2 Page 5 of 16 Item # 19 Attachment number 2 Page 6 of 16 Item # 19 Attachment number 2 Page 7 of 16 Item # 19 Attachment number 2 Page 8 of 16 Item # 19 Attachment number 2 Page 9 of 16 Item # 19 Attachment number 2 Page 10 of 16 Item # 19 Attachment number 2 Page 11 of 16 Item # 19 Attachment number 2 Page 12 of 16 Item # 19 Attachment number 2 Page 13 of 16 Item # 19 Attachment number 2 Page 14 of 16 Item # 19 Attachment number 2 Page 15 of 16 Item # 19 Attachment number 2 Page 16 of 16 Item # 19 Attachment number 3 Page 1 of 2 Item # 19 Attachment number 3 Page 2 of 2 Item # 19 Attachment number 4 Page 1 of 1 Item # 19 City Council Agenda Council Chambers -City Hall Meeting Date:10/20/2011 SUBJECT /RECOMMENDATION: Approve work orders to Tetra Tech, Inc of Tampa, FL in the amount of $1,584,500 for engineering services and Legette, Brashears and Graham of Tampa, FL in the amount of $1,154,000 for hydrogeologic services associated with the City of Clearwater Groundwater Replenishment Project – Pilot and Testing Phase, for total costs of $2,738,500; approve a Cooperative Funding Agreement with the Southwest Florida Water Management District (SWFWMD), which provides reimbursement of project costs up to $1,536,250, and authorize the appropriate officials to execute same. (consent) SUMMARY: This agenda item provides for engineering and hydrogeologic services associated with the Groundwater Replenishment Project – Pilot and Testing Phase. The feasibility study (phase 1) of this project was completed in March 2011. This phase will test critical portions of the future project to determine whether the full-scale system will meet all criteria associated with permitting and regulatory standards. This phase 2 work is a two-year effort. The goal of this project would ultimately be to utilize effluent from the Northeast Water Reclamation Facility to replenish the groundwater aquifer. The water would be highly treated through a water purification plant with multiple safety barriers to remove all contaminants before introduction to the groundwater aquifer. The benefits would be twofold, in that the City would reduce its discharge of effluent to Tampa Bay and also enhance the groundwater levels in the Floridan Aquifer. The scope of work under the Tetra Tech work order will focus on design and permitting of a pilot purification plant consisting of pretreatment, membrane, advanced oxidation, oxygen removal, and purified water stabilization. A pilot scale treatment plant will be built and operated for a period of one year. A recharge treatment system will treat the source water (expected to be potable water), for a six (6) month recharge test. The recharge treatment system is expected to consist of a packaged membrane contactor for dissolved oxygen removal and some supplemental chemical feed systems for pH adjustment and chlorine removal. Hydraulic testing by LBG of the test/exploratory recharge well will confirm the target recharge capacity of the well and capacity of the recharge test water treatment system. LBG will be responsible for design, permitting and construction oversight of the test injection wells and monitoring wells. The schedule is multi-year with anticipated start of October 31, 2011 and completion by February 28, 2014. Tetra Tech and LBG are both Engineers-of-Record for the City of Clearwater, and these work orders were negotiated in accordance with the Consultants Competitive Negotiations Act. The Cooperative Funding Agreement between the City and SWFWMD includes reimbursement of up to 50% of the cost of design, permitting and construction costs for the pilot water purification plant and test injection wells up to a maximum of $1,536,250. There is no cost associated with accepting the Cooperative Funding Agreement. Future phases are dependent upon the success or failure of this test and pilot phase. If determined to be successful and the City desires to move forward with subsequent phases, the total remaining project budget is $25,507,500 and the City would continue to seek cooperative funding from SWFWMD. First quarter amendments will increase budget only in Capital Improvement Program project 0315-96773, Groundwater Replenishment Project Phase 2 of Other Governmental Revenues (337900) for SWFWMD's share of the project in the amount of $1,369,250.00 and transfer $768,140.00 Sewer Revenue (388420) from 0315-96665, Sanitary Sewer R and R to 0315-96773, Groundwater Replenishment Facility. Sufficient budget is available in Water Revenue 0315-96773, Groundwater Replenishment in the amount of $601,110.00 to fund the remaining balance of these work orders in the amount of $2,738,500.00. Type: Capital expenditure Current Year Budget?: No Budget Adjustment: Yes Cover Memo Item # 20 Budget Adjustment Comments: See summary Current Year Cost: $2,738,500 Annual Operating Cost: Not to Exceed: $2,738,500 Total Cost: $2,738,500 For Fiscal Year: 2011 to 2012 Appropriation Code Amount Appropriation Comment 0315-96773-561300-535-000-0000 $1,584,500 See summary 0315-96773-561300-535-000-0000 $1,154,000 See summary Review Approval: Cover Memo Item # 20 Attachment number 1 Page 1 of 21 Item # 20 Attachment number 1 Page 2 of 21 Item # 20 Attachment number 1 Page 3 of 21 Item # 20 Attachment number 1 Page 4 of 21 Item # 20 Attachment number 1 Page 5 of 21 Item # 20 Attachment number 1 Page 6 of 21 Item # 20 Attachment number 1 Page 7 of 21 Item # 20 Attachment number 1 Page 8 of 21 Item # 20 Attachment number 1 Page 9 of 21 Item # 20 Attachment number 1 Page 10 of 21 Item # 20 Attachment number 1 Page 11 of 21 Item # 20 Attachment number 1 Page 12 of 21 Item # 20 Attachment number 1 Page 13 of 21 Item # 20 Attachment number 1 Page 14 of 21 Item # 20 Attachment number 1 Page 15 of 21 Item # 20 Attachment number 1 Page 16 of 21 Item # 20 Attachment number 1 Page 17 of 21 Item # 20 Attachment number 1 Page 18 of 21 Item # 20 Attachment number 1 Page 19 of 21 Item # 20 Attachment number 1 Page 20 of 21 Item # 20 Attachment number 1 Page 21 of 21 Item # 20 Attachment number 2 Page 1 of 14 Item # 20 Attachment number 2 Page 2 of 14 Item # 20 Attachment number 2 Page 3 of 14 Item # 20 Attachment number 2 Page 4 of 14 Item # 20 Attachment number 2 Page 5 of 14 Item # 20 Attachment number 2 Page 6 of 14 Item # 20 Attachment number 2 Page 7 of 14 Item # 20 Attachment number 2 Page 8 of 14 Item # 20 Attachment number 2 Page 9 of 14 Item # 20 Attachment number 2 Page 10 of 14 Item # 20 Attachment number 2 Page 11 of 14 Item # 20 Attachment number 2 Page 12 of 14 Item # 20 Attachment number 2 Page 13 of 14 Item # 20 Attachment number 2 Page 14 of 14 Item # 20 TETRA TECH WORK ORDER INITIATION FORM for the CITY OF CLEARWATER Date: August 23, 2011 Project Number:___________ City Project Number:_______ 1. PROJECT TITLE: Groundwater Replenishment Program FY2011 & 2012 – Bench, Pilot, and Field Testing 2. SCOPE OF SERVICES: The City of Clearwater (City) is investigating the feasibility of replenishing the aquifer system in the City with approximately three (3) million gallons per day (mgd) of highly purified reclaimed water. This effort is targeted to reduce the City’s discharge of reclaimed water to surface waters and more fully utilize this water resource. Tetra Tech will provide consulting services to the City for the Groundwater Replenishment (GWR) Program FY2011 and FY2012 (Bench, Pilot, and Field Testing) as outlined below. Leggette, Brashears, and Graham, Inc. will provide the hydrogeologic services for this project under a separate contract with the City. Tetra Tech proposes the following scope of services for this project: 1. Meet with Regulatory Agencies Tetra Tech will prepare for, attend and prepare minutes of meetings with the FDEP and the SWFWMD’s Permitting Departments as necessary to discuss permitting and regulatory requirements, schedule of the work and questions and concerns relative to the Pilot Purification System and Recharge Water Treatment Pilot System. 2. Pilot Purification System Design and Permitting Tetra Tech completed a preliminary design of the Pilot Purification System during the development of the Groundwater Replenishment Feasibility Study (February 2011). The pilot system includes the following primary components: membrane filtration (MF), reverse osmosis (RO), advanced oxidation using ultraviolet (UV) and hydrogen peroxide (H2O2), dissolved oxygen removal, and purified water stabilization. The final design and Attachment number 3 Page 1 of 10 Item # 20 permitting of the Pilot Purification System will be performed in this scope of services. Pilot testing will be conducted to confirm design and operational parameters for the proposed project. Additionally, it is a requirement of Chapter 62-610 of the Florida Administrative Code (F.A.C.) that a one (1) year pilot test be conducted. During the one (1) year of testing, the pretreatment design, membrane configuration, advanced oxidation process (AOP) configuration, oxygen removal process, and purified water stabilization process will be tested and confirmed. Additionally, the City’s treatment plant operators will gain hands-on experience with the operation of the proposed purification system. The pilot system design will include identification of an area for the public to view the pilot equipment as well as an illustration of the pilot process. Tetra Tech will complete the following tasks as part of the design/permitting of the pilot plant: a. Develop the design documents for the procurement and installation of pilot testing equipment. 1. Site plan showing the location of the pilot system and interconnecting piping with the existing treatment plant. 2. Pilot system plan showing the general location and arrangement of the pilot system equipment and concrete base slab. 3. Detailed schematic of all the proposed pilot system equipment, valves, instrumentation and piping. 4. Coordinate with contractor, manufacturers and suppliers of the pilot equipment to negotiate scopes of supply and incorporate into overall pilot system design. 5. Prepare civil, electrical and structural drawings to assist contractor with building permit applications. b. Develop the Pilot Testing Plan and Protocol for the operation of the pilot purification system. c. Prepare and submit a permit application to the FDEP for the construction of the pilot purification system. The scope of services does not include the preparation of an engineering report to accompany the permit application and assumes that any such requirement will be satisfied by the Feasibility Study report. 3. Pilot Purification System Startup Tetra Tech will provide the following services during construction and start up of the pilot plant: a. Provide assistance to the pilot testing equipment manufacturer(s) and installer during the pilot system installation by responding to questions and requests for information and reviewing materials and equipment submittals and determining their acceptability. b. Observe the testing of the equipment and piping and the initial startup of the pilot system (5 days on-site). Attachment number 3 Page 2 of 10 Item # 20 c. Provide the City’s operators the Pilot Testing Plan and Protocol for review prior to training and startup. d. In coordination with and as assisted by the pilot system equipment suppliers, prepare for and provide hands-on training for the City’s operators during start up of the pilot plant. 4. Pilot Purification System Operation The Pilot Purification System will operate for one (1) year (approximately 8,700 hours). In an effort to control the costs of operation, City staff will perform the day-to-day operation of the pilot system during the year of piloting. Tetra Tech will be on-site for 10 days of pilot system operation to ensure that the system is operating properly, instrument readings are being properly taken and recorded, operational adjustments to the system are being made, and to conduct training of the City’s staff. After the first 10 days of pilot plant operation, Tetra Tech staff will be on-site one (1) day per week for the duration of the one (1) year pilot to observe operation of the system, record instrument readings, provide additional training of City staff, conduct special tests of the pilot plant, and provide tours of the pilot system if requested. Additionally, up to 10 additional days onsite have been provided to perform non routine operational testing of the systems and equipment or assist with troubleshooting of operation and maintenance issues. The City’s operators will be responsible for monitoring and collecting routine daily operational data such as feed pressures, process flows, hydraulic balancing measures, chemical additions, and feed, permeate and concentrate field water quality measurements three times daily. Prepare and provide to the City, FDEP and SWFWMD a brief monthly report of the pilot system operation including status of the equipment, periods of equipment downtime and cause, hours of operation, describe any unusual events, samples collected and analysis results received, operational modifications, special testing performed (bench, challenge, mutagenicity, etc.), and visitors to the site. 5. Water Quality Sampling/Monitoring Reclaimed water and groundwater sampling programs have been outlined in the Groundwater Replenishment Feasibility Study. Tetra Tech will prepare and provide to the City a sampling program for this phase of the program which will delineate the source of the sample, the type of sample to be collected, the number and frequency of samples to be collected and the parameters to be measured or analyzed for in each sample. The sampling program for the pilot purification system will be included in the Pilot Testing Plan and Protocol document. The sampling program to obtain additional background groundwater quality information in the vicinity of the recharge area will be provided in a separate memorandum. Tetra Tech will assist the City with the implementation of the sampling program by coordinating with the City’s preferred laboratory and setting up the orders for the sampling equipment. Additionally, Tetra Tech will collect the samples during the weekly site visits to the pilot system and have them delivered to the laboratory. The City will be Attachment number 3 Page 3 of 10 Item # 20 responsible for the cost of the analysis of samples required to be performed by an outside laboratory. 6. City Review Meetings Tetra Tech will prepare for, attend and prepare the minutes for review meetings with the City as necessary to coordinate permitting, construction and operation of the pilot systems, review project deliverables and discuss the status of the project for the duration of the two year contract. 7. Public Information Program The public information program for this phase of the project will include tours of the Pilot Purification System, an expanded discussion of the program on the City’s website, discussions with area utility directors, and presentations to up to 12 organizations in the City. Tetra Tech will prepare a schematic of the purification system which will be set up at the pilot system so that the public can view the details of the treatment process to assist the City in this phase of the public information program. Tetra Tech will also assist the City with the public information program by conducting tours of the pilot system during regularly scheduled visits to the site, as requested and as operational requirements of the pilot system permit. 8. Recharge Test Water Treatment Pilot System Design A recharge treatment pilot system with a targeted capacity of 300 gallons per minute (gpm) will treat the source water (expected to be potable water), for the six (6) month recharge test. The recharge treatment system is expected to consist of a packaged membrane contactor for dissolved oxygen removal and some supplemental chemical feed systems for pH adjustment and chlorine removal. Hydraulic testing by LBG of the test/exploratory recharge well will confirm the target recharge capacity of the well and capacity of the recharge test water treatment system. Tetra Tech will design and coordinate with the equipment manufacturers for the supply of the required equipment for the recharge treatment system and develop the Testing Plan and Protocol for the operation of the recharge treatment system. 9. Recharge Test Water Treatment Pilot System Startup Tetra Tech will provide the following services during installation and start up of the recharge test treatment system: a. Provide assistance to the treatment equipment manufacturer(s) and installer during the treatment system installation by responding to questions and requests for information and reviewing materials and equipment submittals and determining their acceptability. b. Observe the testing of the equipment and piping and the initial startup of the treatment system. d. Provide the City’s operators the Recharge Test Plan and Protocol for review prior to training and startup. Attachment number 3 Page 4 of 10 Item # 20 e. In coordination with and as assisted by the recharge test treatment system equipment supplier(s), prepare for and provide hands-on training for the City’s operators during start up of the recharge test treatment system. 10. Conduct Six Month Recharge Test Tetra Tech will be on-site during the first 5 days of the recharge test treatment plant operation to ensure that the system is operating properly, instrument readings are being properly taken and recorded, operational adjustments to the system and made, and to conduct training of the City’s staff. After the first 5 days of the recharge test treatment plant operation, Tetra Tech staff will be on-site one (1) day per week for the duration of the six (6) month recharge test to record instrument readings, train City staff as necessary. Additionally, up to 5 additional days on-site have been provided to perform non routine operational testing of the systems and equipment and assist with troubleshooting operation and maintenance issues. 11. Special Testing of Post Treatment Processes Tetra Tech has budgeted $35,000 for services that may be recommended to optimize the operation of the membrane contactors or the chemical feed systems and /or to conduct comparative testing for metals mobilization. The extent of modifications and testing that may be required will not be known until the pilot study progresses. If design or subcontractor services beyond the budgeted amount are anticipated, Tetra Tech will prepare a change order for the increased cost for consideration by the City. 12. Prepare Testing Phase Report Tetra Tech will prepare a final report for the testing phase which summarizes all of the field, laboratory, and pilot data collected during the testing phase. The report will document the removal efficiency of the purification system and expected quality of the recharge water. The report will discuss the impact of the findings in the field testing phase upon the preliminary design and revise the preliminary design criteria as appropriate. The report will summarize the findings, conclusions and recommendations for the design of the post treatment processes to optimize the treatment for prevention of metals mobilization. The report will provide any findings, conclusions and recommendations relative to the feasibility of the project and proceeding forward with implementation of the full scale system based upon the information obtained during the field testing program. 3. PROJECT GOALS: The following goals are identified for this phase of the Groundwater Replenishment Program: a. Design, permit and monitor the Pilot Purification Plant. b. Coordinate additional reclaimed water and groundwater quality sampling and analyses by the City. c. Expand the Public Information Program. d. Design and monitor the Recharge Test Treatment Plant. Attachment number 3 Page 5 of 10 Item # 20 e. Obtain information and pilot test data to support the final design and permitting of the full scale system. Tetra Tech will provide five (5) copies each of the following documents to the City of review and approval: a. Pilot System Drawings b. Pilot Permit Application -Draft and Final c. Pilot Plant Monthly Operational Reports d. Recharge Test Treatment Plant Drawings e. Recharge Test Treatment Plant Monthly Operational Reports f. Testing Phase Summary Report – Draft and Final 4. BUDGET: The breakdown of the project costs are shown in the table in Attachment B. This price includes labor and expenses anticipated to be incurred by Tetra Tech for the completion of these tasks. Tetra Tech will bill on a time and materials basis. The total budget cost is Six Hundred Ten Thousand Five Hundred Dollars ($610,500.00). Permit applications for the Pilot Purification Plant and the Recharge Test Treatment Plant are included in this scope of work. Permit application fees are not included in this fee and will be paid directly by the City. 5. SCHEDULE: This scope of services is scheduled to be completed by December 31, 2013, with an issuance date of notice-to proceed of September 15, 2011. The project deliverables are to be phased as follows: Kick Off Meeting September 27, 2011 Draft Pilot Design/FDEP Permit Application November 30, 2011 Final Pilot Design/FDEP Permit Application Submittal March 31, 2012 Pilot System Operation August 2012 – August 2013 Recharge Test Operation May 2013 – Oct. 2013 Draft Testing Phase Summary Report (5 copies) to City November 30, 2013 Final Testing Phase Summary Report (5 copies) to City December 31, 2013 6. STAFF ASSIGNMENT (Consultant): Key technical personnel scheduled to work on this project are as follows: Emilie Moore, P.E. -Senior Project Manager Steve Tedesco, P.E. -Senior Advisor Mark Wilf, Ph.D. -Membrane Expert James Christopher, P.E. -Senior Process Engineer Attachment number 3 Page 6 of 10 Item # 20 Jon Bundy, P.E. -Process Engineer Jarrett Kinslow, P.E. -Process Engineer 7. CORRESPONDENCE/REPORTING PROCEDURES: ENGINEER’s project correspondence shall be directed to Emilie Moore. All City project correspondence shall be directed to Robert Fahey with copies to others as may be appropriate. 8. INVOICING/FUNDING PROCEDURES: Invoices shall be submitted monthly to the City of Clearwater, Engineering, Attn: Veronica Josef, Senior Staff Assistant, P. O. Box 4748, Clearwater, Florida 33758-4748, for work performed. Invoices will be prepared monthly. City Invoicing Code: _0315-96773-561300-533-000-0000 jlc 7/21/11_________ 9. OWNER DIRECTED PURCHASE ITEMS Pilot Purification System Tetra Tech has obtained a price proposal from Harn RO for $784,000 to furnish and install the one year pilot system. The City intends to purchase or lease the treatment equipment directly from the suppliers and from Harn RO. Tetra Tech, as part of the scope of services outlined above, will assist with vendor coordination and review of purchase orders. A provisional sum of $784,000 is included in this scope of services for purchase or lease of equipment. This price is based on preliminary design information and is not a guaranteed maximum price. The pilot system will be constructed at Harn RO’s facility and delivered to the City’s water reclamation facility and thus this budget does not include builders risk insurance. After the unit is delivered on-site the City shall assume responsibility and shall provide appropriate insurance for the replacement or repair of the unit. The pilot system provisional sum does not include yard piping or service connections, and it is assumed that City staff can install these items. This price includes an amount of $14,700 for the estimated cost of chemicals to operate the system for one year. This number does not include the cost of labor, materials, equipment or incidentals that may be required to repair or replace any of the pilot system equipment in excess of any warranties that may be supplied by the equipment manufacturers. Recharge Test Water Treatment Pilot System Installation Tetra Tech has included a provisional sum of $190,000 in this scope of services to furnish and install the pilot water treatment equipment associated with the groundwater recharge testing. The City intends to procure the treatment equipment directly from the suppliers. The estimate above is based on preliminary design data and does not represent a guaranteed price for the purchase or lease and installation of the equipment. Final equipment configuration and pricing will be based on the results of pilot testing, selection of a groundwater recharge testing location, and permitting requirements as stipulated by the FDEP and the SWFWMD. The pilot equipment will be delivered to the project site Attachment number 3 Page 7 of 10 Item # 20 which will be located on City property and thus this budget does not include builders risk insurance. After the equipment is delivered on-site the City shall assume responsibility and shall provide appropriate insurance for the replacement or repair of the unit. The pilot system provisional sum does not include yard piping or service connections, and it is assumed that City staff can install these items. 10. ITEM 10 INTENTIONALLY LEFT BLANK 11. SPECIAL CONSIDERATIONS: None at this time. PREPARED BY: APPROVED BY: ___________________ Emilie A. Moore, P.E. Michael D. Quillen, PE Tampa Area Regional Manager City Engineer Tetra Tech, Inc. City of Clearwater __9-22-11_______________ ___________________ Date Date Attachment number 3 Page 8 of 10 Item # 20 {Add the following as an Attachment:} CITY OF CLEARWATER ENGINEERING DEPARTMENT WORK ORDER INITIATION FORM Attachment “A” CITY DELIVERABLES FORMAT The design 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. DELIVERABLES The design plans shall be produced on vellum or bond material, 24" x 36" at a scale of 1" = 20’ unless approved otherwise. Upon completion the consultant shall deliver all drawing files in digital format with all project data in Land Desktop 2000 or later including all associated dependent files. 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@clearwater-fl.com  All electronic files must be delivered upon completion of project or with 100% plan submittal to City of Clearwater. Attachment number 3 Page 9 of 10 Item # 20 ATTACHMENT B CITY OF CLEARWATER Groundwater Replenishment Program FY2011 & 2012 – Bench, Pilot, and Field Testing PROJECT BUDGET Tetra Tech Task Description Total 1 Meet with Regulatory Agencies $24,000 2 Pilot Purification System Design/Permitting $120,000 3 Pilot Purification System Start Up $50,000 4 Pilot Purification System Operation – One Year $95,000 5 Water Quality Sampling/Monitoring $42,000 6 City Review Meetings $20,000 7 Public Information Program $40,000 8 Recharge Test Water Treatment System Design $50,000 9 Recharge Test Water Treatment System Startup $33,000 10 Conduct Six Month Recharge Test $48,000 11 Special Testing of Post Treatment Processes $38,500 12 Prepare Testing Phase Report $50,000 Total Tetra Tech Services $610,500.00 Total Owner Directed Purchase Provisional Sum Items $974,000.00 Subtotal, Labor and Subcontractors Permit Review Fees $0 Grand Total $1,584,500 Attachment number 3 Page 10 of 10 Item # 20 City Council Agenda Council Chambers -City Hall Meeting Date:10/20/2011 SUBJECT /RECOMMENDATION: Approve the conveyance of a Distribution Easement to Progress Energy (PE) granting appropriate authority to PE for the purpose of providing electrical service to the Compressed Natural Gas (CNG) filling station and other improvements within the Clearwater Air Park; and authorize the appropriate officials to execute same. (consent) SUMMARY: The design of the CNG filling station at the Clearwater Air Park required the relocation of power lines within the Air Park. Progress Energy owns the power lines and associated facilities on the city-owned tract for the purpose of providing service to the CNG station and other facilities within the Air Park. Progress Energy has requested that the City convey a distribution easement granting PE appropriate authority to access that certain portion of land described in Exhibit A of the easement to install, operate and maintain its facilities. Review Approval: Cover Memo Item # 21 DISTRIBUTION EASEMENT KNOW ALL MEN BY THESE PRESENTS, that the undersigned, their heirs, successors, lessees and assigns (“GRANTOR”), in consideration of the mutual benefits, covenants and conditions herein contained, does hereby grant and convey to FLORIDA POWER CORPORATION doing business as PROGRESS ENERGY FLORIDA, INC., a Florida corporation (“GRANTEE”), Post Office Box 14042, St. Petersburg, Florida 33733, and to its successors, lessees, licensees, transferees, permittees, apportionees, and assigns, an easement to install, operate and maintain in perpetuity, such facilities as may be necessary or desirable for providing electric energy and service and communication systems, whether to or on behalf of telecommunication providers or other customers by GRANTEE or others, said facilities being located in the following described “Easement Area” within GRANTOR’S premises in Pinellas County, to wit: See Legal Description on the accompanying Exhibit “A” attached hereto and incorporated herein by this reference. Tax Parcel Number : 12/29/15/55836/001/0013 The rights herein granted to GRANTEE by GRANTOR specifically include: (a) the right for GRANTEE to patrol, inspect, alter, improve, repair, rebuild, relocate, and remove said facilities; further GRANTEE hereby agrees to restore the Easement Area to as near as practicable the condition which existed prior to such construction, repairs, alteration, replacement, relocation or removal as a result of GRANTEE’s safe and efficient installation, operation or maintenance of said facilities; (b) the reasonable right for GRANTEE to increase or decrease the voltage and to change the quantity and type of facilities; (c) the reasonable right for GRANTEE to clear the Easement Area of trees, limbs, undergrowth and other physical objects which, in the opinion of GRANTEE, endanger or interfere with the safe and efficient installation, operation or maintenance of said facilities; (d) the reasonable right for GRANTEE to trim or remove any timber adjacent to, but outside the Easement Area which, in the reasonable opinion of GRANTEE, endangers or interferes with the safe and efficient installation, operation or maintenance of said facilities; (e) the reasonable right for GRANTEE to enter upon land of the GRANTOR adjacent to said Easement Area for the purpose of exercising the rights herein granted; and (f) all other rights and privileges reasonably necessary or convenient for GRANTEE’s safe and efficient installation, operation and maintenance of said facilities and for the enjoyment and use of said easement for the purposes described above. The rights and easement herein granted are non-exclusive as to entities not engaged in the provision of electric energy and service and GRANTOR reserves the right to grant rights to others affecting said easement area provided that such rights do not create an unsafe condition or unreasonably conflict with the rights granted to GRANTEE herein. GRANTOR hereby covenants and agrees that no buildings, structures or obstacles (except fences) shall be located, constructed, excavated or created within the Easement Area. If the fences are installed, they shall be placed so as to allow ready access to GRANTEE’s facilities and provide a working space of not less than ten (10) feet on the opening side, six (6) feet on the back for working space and three (3) feet on all other sides of any pad mounted transformer. If GRANTOR’s future orderly development of the premises is in physical conflict with GRANTEE’s facilities, GRANTEE shall, within 60 days after receipt of written request from GRANTOR, relocate said facilities to another mutually agreed upon Easement Area in GRANTOR’s premises, provided that prior to the relocation of said facilities (a) GRANTOR shall pay to GRANTEE the full actual cost of the relocation as incurred by GRANTEE, and (b) GRANTOR shall execute and deliver to GRANTEE, at no cost, an acceptable and recordable easement to cover the relocated facilities. Upon the completion of the relocation, the easement herein shall be considered cancelled as to the portion vacated by such relocation. This legal description was provided by GRANTOR. This document prepared by R. Alexander Glenn 3300 Exchange Place Lake Mary, Florida 32746 12 SEC 29S TWP 15E RGE PINELLAS COUNTY CITY OF CLEARWATER GRANTOR CW-11-16388 PROJECT Clearwater AirPark Intersection of Palmetto St. And Hercules Ave. Attachment number 1 Page 1 of 3 Item # 21 Rev 10/08 GRANTOR covenants not to interfere with GRANTEE’s facilities within the Easement Area in GRANTOR’s premises, and GRANTOR further covenants to indemnify to the extent of Florida Statute 768.28 and hold GRANTEE harmless from damages and injuries, whether to persons or property, resulting from the negligent or wrongful act or omission related to GRANTEE’s facilities by GRANTOR or by GRANTOR’s agents or employees. Nothing contained herein, however, shall be construed to waive or modify the provisions of Florida Statute 768.28 or the doctrine of sovereign immunity as to any party hereto. In addition, nothing contained herein shall be construed as consent by the GRANTOR to be sued by third parties in any manner arising from this grant of easement, or as a waiver of sovereign immunity. GRANTEE agrees to indemnify and hold GRANTOR harmless for, from and against any and all losses, claims or damages incurred by GRANTOR arising directly from GRANTEE’s negligence or failure to exercise reasonable care in the construction, reconstruction, operation or maintenance of GRANTEE's facilities located on the above described easement. GRANTOR hereby warrants and covenants (a) that GRANTOR is the owner of the fee simple title to the premises in which the above described Easement Area is located, (b) that GRANTOR has full right and lawful authority to grant and convey this easement to GRANTEE, and (c) that GRANTEE shall have quiet and peaceful possession, use and enjoyment of this easement. All covenants, terms, provisions and conditions herein contained shall inure and extend to and be obligatory upon the heirs, successors, lessees and assigns of the respective parties hereto. IN WITNESS WHEREOF, the said GRANTOR has caused this easement to be signed in its corporate name by its proper officers thereunto duly authorized and its official corporate seal to be hereunto affixed and attested this day of ___________________________, 2011. GRANTOR: Countersigned: CITY OF CLEARWATER, FLORIDA _____________________________________ By: _________________________________________ Frank V. Hibbard, Mayor William B. Horne, II, City Manager Attest: __________________________________________ Rosemarie Call, City Clerk Grantor Mailing Address: City Manager P. O. Box 4748 Clearwater, Florida 33758-4748 STATE OF FLORIDA : \ : ss COUNTY OF PINELLAS: BEFORE ME, the undersigned, personally appeared Frank V. Hibbard, the Mayor of the City of Clearwater, Florida, who executed the foregoing instrument and acknowledged the execution thereof to be his free act and deed for the use and purposes herein set forth, and who is personally known to me. WITNESS my hand and official seal this_____ day of _______________________________, 2010. _____________________________________________ My commission expires: Notary Public Print/Type Name ____________________________ Attachment number 1 Page 2 of 3 Item # 21 Rev 10/08 STATE OF FLORIDA : : ss COUNTY OF PINELLAS: BEFORE ME, the undersigned, personally appeared William B. Horne, II, the City Manager of the City of Clearwater, Florida, who executed the foregoing instrument and acknowledged the execution thereof to be his free act and deed for the use and purposes herein set forth, and who is personally known to me. WITNESS my hand and official seal this _____day of _______________________________, 2010. ______________________________________________________ My commission expires: Notary Public Print/type name _______________________________ Approved as to form: _________________________________________ Laura Mahony, Assistant City Attorney Attachment number 1 Page 3 of 3 Item # 21 60' X 69' Gas Meter and Regulator Easement O.R. 8042-86 U":;̇"3;)"32$"G P":;̇"3;)"32$"Y WEST RIGHT OF WAY A Progress Energy Easement described as follows: Eqoogpeg"cv"vjg"egpvgt"qh"Ugevkqp"34."Vqypuj kr"4;"Uqwvj."Tcpig"37"Gcuv."twp"P":;̇"3;)"32$"Y. c"fkuvcpeg"qh"72022"hggv=""vjgpeg"twp"P"22̇"38)"7;$"G."c"fkuvcpeg"qh"5204;"hggv"vq"c"rqkpv"qh"dgikppkpi= vjgpeg"twp"P":;̇"3;)"32$"Y."c"fkuvcpeg"qh"469 033"hggv=""vjgpeg"twp"U"4:̇"78)"52$"Y."c"fkuvcpeg"qh"9034"hggv= vjgpeg"P"83̇"22)"2:$"Y."c"fkuvcpeg"qh"32022"hggv=""vjgpeg"twp"P"4:̇"78)"52$"G."c"fkuvcpeg"qh"3502:"hggv= vjgpeg"U":;̇"3;)"32$"G."c"fkuv cpeg"qh"3270:3"hggv=""vjgpeg"P"22̇"38)"7;$"G."c"fkuvcpeg"qh"8098"hggv= vjgpeg"U":;̇"3;)"32$"G."c"fkuvcpeg"qh"32022"hggv=""vjgpeg"U"22̇"38)"7;$"Y."c"fkuvcpeg"qh"8098"hggv= vjgpeg"U":;̇"3;)"32$"G."c"fk uvcpeg"qh"3;079"hggv=""vjgpeg"P"22̇"38)"7;$"G."c"fkuvcpeg"qh"4706:"hggv= vjgpeg"P":;̇"3;)"32$"Y."c"fkuvcpeg"qh"60:5"hggv=""vjgpeg"P"22̇"38)"7;$"G."c"fkuvcpeg"qh"32022"hggv= vjgpeg"U":;̇"3;)"32$"G."c" fkuvcpeg"qh"360:5"hggv=""vjgpeg"U"22̇"38)"7;$"Y."c"fkuvcpeg"qh"57072"hggv= vjgpeg"U":;̇"3;)"32$"G."c"fkuvcpeg"qh"329085"hggv="vjgpeg"U"22̇"38)"7;$"Y."c"fkuvcpeg"qh"32022"hggv to a point of beginning. Item # 21 DR ST CINC ST MARILYN DR KAPP ST DR RANGE PARK HERCULES GRAND W EAVER AVE CEPHAS ARCTURUS CARROLL GENTRY ST PALMETTO DR Ca Lante PROGRESS ENERGY EASEMENT LOCATION Location Map ² Prepared by: Engineering Department Geographic Technology Division 100 S. Myrtle Ave, Clearwater, FL 33756 Ph: (727)562-4750, Fax: (727)526-4755 www.MyClearwater.com Map Gen By: CRM Reviewed By: TM Date: 09/26/2011 Grid #: 271A S-T-R: 12-29s-15e Scale: N.T.S. Progress Energy Easement Location at Clearwater Executive Air Park Map Document: (V:\GIS\Engineering\Location Maps\Clw Exec Airpark PE Easement LOC Map.mxd) Attachment number 3 Page 1 of 1 Item # 21 City Council Agenda Council Chambers -City Hall Meeting Date:10/20/2011 SUBJECT /RECOMMENDATION: Approve two Sovereignty Submerged Lands Easements granted by the State of Florida Department of Environmental Protection to allow for installation of reclaimed water pipes attached to the Douglas Avenue Bridge and installed by directional drill under a small bridge on Overbrook Avenue and authorize the appropriate officials to execute same. (consent) SUMMARY: These easements are necessary as part of the Clearwater Harbor Reclaimed System Project (10-0008-UT), which upon completion will provide reclaimed water from the Marshall Street WRF to the Clearwater Harbor neighborhood, between Edgewater/Union/Pinellas Trail/Sunset Point Road. Council awarded the construction contract for this reclaim project on May 19, 2011. The easements are granted for 50 years from August 10, 2011, the effective date of the easements. The land shall be used for reclaimed water pipeline on the Douglas Avenue Bridge (Easement 41345) and reclaimed water pipe on the Overbrook Avenue Bridge (Easement 41355). The legal descriptions and sketches of the easement instruments were prepared by the City’s Licensed Land Surveyor. There is no cost to the City for these easements. The Public Utilities Department will own and maintain the proposed improvements included in these easements. Type: Other Current Year Budget?: None Budget Adjustment: None Budget Adjustment Comments: Current Year Cost: $0 Annual Operating Cost: $0 Not to Exceed: Total Cost: $0 For Fiscal Year: to Appropriation Code Amount Appropriation Comment N/A Review Approval: Cover Memo Item # 22 Attachment number 1 Page 1 of 8 Item # 22 Attachment number 1 Page 2 of 8 Item # 22 Attachment number 1 Page 3 of 8 Item # 22 Attachment number 1 Page 4 of 8 Item # 22 Attachment number 1 Page 5 of 8 Item # 22 Attachment number 1 Page 6 of 8 Item # 22 Attachment number 1 Page 7 of 8 Item # 22 Attachment number 1 Page 8 of 8 Item # 22 Item # 22 Item # 22 Item # 22 Item # 22 Item # 22 Item # 22 Item # 22 Item # 22 Item # 22 Item # 22 Item # 22 Item # 22 Item # 22 Item # 22 Item # 22 Item # 22 Item # 22 Item # 22 City Council Agenda Council Chambers -City Hall Meeting Date:10/20/2011 SUBJECT /RECOMMENDATION: Approve the Cooperative Funding Agreement between Southwest Florida Water Management District (SWFWMD) and the City of Clearwater for the Stormwater Improvements – Flood Protection-Smallwood Circle Project (N395), in the amount of $125,000, and authorize the appropriate officials to execute same. (consent) SUMMARY: The proposed project consists of removal and replacement of approximately 3,000 linear feet of pipe including 1,000 linear feet of undersized pipe between Highland Avenue to the west, Drew Street (SR 590) to the south, Hobart Avenue to the east and Walnut Street to the north. The replacement of the entire system will provide an opportunity to implement Best Management Practices within this drainage area. The City of Clearwater Stormwater Engineering Department proposed the project to the Southwest Florida Water Management District (SWFWMD) for funding consideration under the SWFWMD'S cooperative funding program. SWFWMD considers the project worthwhile and desires to assist the City in funding the Project. This Agreement is for design and construction. Council action at this time is necessary to secure Fiscal Year 2012 SWFWMD funds for design costs in the amount of $125,000. Separate agreements will be presented to Council for possible awarding of construction grant in future budgets for an additional $750,000 for awards totaling $875,000. It is anticipated that the design and permitting costs will be $250,000. SWFWMD will reimburse the City up to 50% of the design and permitting costs not to exceed $125,000. First quarter amendments will establish Capital Improvement Program project 315-96178, Smallwood Circle with $125,000 of SWFWMD (337900) grant funding and a transfer of $125,000 City matching revenue from 0315-96169, Stevenson Creek. Type: Other Current Year Budget?: No Budget Adjustment: Yes Budget Adjustment Comments: See summary Current Year Cost: Annual Operating Cost: Not to Exceed: Total Cost: For Fiscal Year: 2011 to 2012 Review Approval: Cover Memo Item # 23 Attachment number 1 Page 1 of 14 Item # 23 Attachment number 1 Page 2 of 14 Item # 23 Attachment number 1 Page 3 of 14 Item # 23 Attachment number 1 Page 4 of 14 Item # 23 Attachment number 1 Page 5 of 14 Item # 23 Attachment number 1 Page 6 of 14 Item # 23 Attachment number 1 Page 7 of 14 Item # 23 Attachment number 1 Page 8 of 14 Item # 23 Attachment number 1 Page 9 of 14 Item # 23 Attachment number 1 Page 10 of 14 Item # 23 Attachment number 1 Page 11 of 14 Item # 23 Attachment number 1 Page 12 of 14 Item # 23 Attachment number 1 Page 13 of 14 Item # 23 Attachment number 1 Page 14 of 14 Item # 23 DREW ST MAPLE ST RICHARDS AVE N HIGHLAND AVE WALNUT ST N GLENWOOD AVE ELMWOOD ST HOBART AVE WOOD DR RIDGEWOOD ST EDGEWOOD AVE SMALLWOOD CIR ORANGEWOOD AVE KARLYN DR ROSEMERE RD PINEWOOD ST OAKWOOD ST CRESTVIEW ST WOOD DR ROSEMERE RD MARIVA AVE ROSEWOOD ST S JACARANDA CIR N JACARANDA CIR RICHARDS CT LAKE DR CREST AVE YSTONE DR RIDGEWOOD ST Smallwood Circle Drainage Improvements ² Prepared by: Engineering Department Geographic Technology Division 100 S. Myrtle Ave, Clearwater, FL 33756 Ph: (727)562-4750, Fax: (727)526-4755 www.MyClearwater.com Map Gen By: CD Reviewed By: MM Date: 11/24/2010 Grid #: 279A S-T-R: 11-29-15 Scale: N.T.S. Legend Drainage Improvement Area Storm Pipe Parcel Boundary Smallwood Circle Drainage Improvements Attachment number 2 Page 1 of 1 Item # 23 City Council Agenda Council Chambers -City Hall Meeting Date:10/20/2011 SUBJECT /RECOMMENDATION: Approve a Cooperative Funding Agreement in the amount of $1,250,000 with the Southwest Florida Water Management District (SWFWMD) to share one-half the design and construction cost of Phase III of Tropic Hills Drainage Improvements Project and authorize the appropriate officials to execute same. (consent) SUMMARY: The Tropic Hills neighborhood experienced severe flooding in June 1997 and February 2006. The existing outfall is undersized and during heavy rainfall, stormwater backs up in the neighborhood flooding streets and houses. Tropic Hills Drainage Improvements Project consists of the following three phases: Phase I is complete and included widening the existing channel, stabilizing the eroding north bank gabions, and replacing a failing seawall along the south side of the channel from US Highway 19 to Tampa Bay. Phase II is underway and consists of FDOT (Florida Department of Transportation) at the City's expense replacing the two undersized 36-inch diameter pipes under U.S. 19 with a 4-foot by 10-foot box culvert during the reconstruction from SR 60 to Harn Boulevard. Phase III consists of replacing approximately 1500-feet of undersized pipe from US 19 west to the open ditch adjacent to Tropic Hills. Council action at this time is necessary to secure the District’s funds for the design and construction cost. A separate agreement will be presented to Council to awarding a construction contract. This agreement requires the City to match the District’s amount with City dollars to provide a total design and construction budget of $2,500,000. First quarter amendments will establish Capital Improvement Program project 0315-96179, Tropic Hills Phase III with SWFWMD grant funding in the amount of $1,250,000 and a transfer of $1,250,000 from 0315-96170, Coastal Basins Projects to 0315-96179, Tropic Hills Phase III for total project funding in the amount of $2,500,000. Type: Other Current Year Budget?: No Budget Adjustment: No Budget Adjustment Comments: See summary Current Year Cost: Annual Operating Cost: Not to Exceed: Total Cost: For Fiscal Year: 2011 to 2012 Cover Memo Item # 24 Bid Required?: No Bid Number: Other Bid /Contract: Bid Exceptions: None Review Approval: Cover Memo Item # 24 GLENM OOR DRIVE CHAUCERRD SHELLEY EASTWOOD WHISPERING WILLI AMS PINES MANDARIN S RD RD DR GLENM OOR DR GLENMOOR DR S MINNEOLA GLENMOOR ST. CHARLES WINCHESTER WILLIAMS CURTIS E COUNTRY OAKSWILLIAMS CT DR DR DR DR CURTIS CURTIS MORNINGSIDE CR-501 DR DR DR RD DR DRPl FAIRFAX FOREST MAPLE DR ROAD CLAIBORNE DR NS CLAIBORNE HABERSHAM HARN YORK MAYWOOD BARBER DR RD BLVD LANDRY WHI TMAN AVE MAYWOOD GULF-TO-BAY DR BELCHER DR DR DR RD CR-501 GROVEWOOD BASCOM WAY JAFFA PL GROVEWOOD CHINABERRY US-19 TROPIC AVE AVE CT AVE AVE AVE AVE AVE EDENVILLE AVEBURNICE DR Chateaux Ville De BLVD DR Wood NURSERY RD. Chateau HAVANA HAVA Excaliber DR RANCHWOOD Dr CARLO STEWART MONTE DR BLVD BLVD DR DR SUMMERLIN DR FAIRBANKS ROSETREE CT SUMMERLIN FAIRBANKS GLENANN DR PREMIER MO RELAND HARN DICKENSON MORELAND BRENTWOOD DRIVE DR VILLAGE WAY FLUSHING HENNESEN HERMITAGE FRUITLAND GRENADA EVERGLADES CARACAS DRIFTWOOD AVE DR HILLS Pearce Dr SR-55 BURMA DR BYPASS ST ST CR EVELYN ST FERNWOOD AVE KILMER CT RD DRUID ST EVELYN AVE EDENVILLE RD CHAUCER AVE SHELLEY ST NASH MAPLEWOOD ST DR BAYWOOD PINEWOOD WHITMAN FERNWOOD ST AVE AVE TEAKWOOD PARK PARK B SEVILLE Altira BLVD SR-60 W. Grand Reserve C E. GCir. Cambridge Cir. Dr. Ct. Via Cipriani US-19 TROPIC HILLS DRAINAGE BASIN 250 ACRES ± TROPIC HILLS Phase III Attachment 1: Tropic Hills Project Location Map 9/10/2011 ²Scale: 1"=1000' Attachment number 1 Page 1 of 1 Item # 24 Page 1 of 9 AGREEMENT NO. _______________ COOPERATIVE FUNDING AGREEMENT BETWEEN THE SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT AND CITY OF CLEARWATER FOR TROPIC HILLS PHASE III DRAINAGE IMPROVEMENTS (W280) 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, hereinafter referred to as the "DISTRICT," and CITY OF CLEARWATER, a municipal corporation of the State of Florida, whose address is 100 South Myrtle Avenue, Suite 220, Clearwater, Florida 33756, hereinafter referred to as the "CITY." WITNESSETH: WHEREAS, the CITY proposed a project to the DISTRICT for funding consideration under the DISTRICT'S cooperative funding program; and WHEREAS, the project consists of design, construction and construction management to implement Best Management Practices (BMPs) for Phase III of the Tropic Hills drainage and water quality improvements, hereinafter referred to as the "PROJECT"; and WHEREAS, the DISTRICT considers the PROJECT worthwhile and desires to assist the CITY in funding the PROJECT. NOW THEREFORE, the DISTRICT and the CITY, in consideration of the mutual terms, covenants and conditions set forth herein, agree as follows: 1. 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, by nationally recognized overnight courier, or personally to the parties' addresses as set forth below. Project Manager for the DISTRICT: Project Manager for the CITY: Nancy T. Norton, P.E. Phuong Vo Southwest Florida Water Management District City of Clearwater 7601 U.S. Highway 301 North Municipal Services Building Tampa, Florida 33637 100 South Myrtle Avenue, Suite 220 Clearwater, Florida 33756 Any changes to the above representatives or addresses must be provided to the other party in writing. Attachment number 2 Page 1 of 15 Item # 24 Page 2 of 9 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 7, Contract Period. 1.2 The DISTRICT'S Project Manager is authorized to adjust a line item amount of the Project Budget contained in the Project Plan set forth in Exhibit "B" or, if applicable, the refined budget as set forth in Subparagraph 3.2 below. The authorization 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 amounts set forth in the funding section of this Agreement. 2. SCOPE OF WORK. Upon receipt of written notice to proceed from the DISTRICT, the CITY will perform the services necessary to complete the PROJECT in accordance with the Special Project Terms and Conditions set forth in Exhibit "A" and the CITY'S 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 and the CITY prior to being performed by the CITY, subject to the provisions of Paragraph 3, Funding. The CITY will be solely responsible for managing the PROJECT, including the hiring and supervising of any consultants or contractors it engages in order to complete the PROJECT. The parties agree that time is of the essence in the performance of each obligation under this Agreement. 3. FUNDING. The parties anticipate that the total cost of the PROJECT will be Two Million Five Hundred Thousand Dollars ($2,500,000). The DISTRICT agrees to fund PROJECT costs up to One Million Two Hundred Fifty Thousand Dollars ($1,250,000) and will have no obligation to pay any costs beyond this maximum amount. The CITY agrees to provide all remaining funds necessary for the satisfactory completion of the PROJECT. The CITY will be the lead party to this Agreement and pay PROJECT costs prior to requesting reimbursement from the DISTRICT. 3.1 Any federal, state, local or grant monies received by the CITY for this PROJECT will be applied to equally reduce each party's share of PROJECT costs. The CITY will provide the DISTRICT with written documentation detailing its allocation of any such funds appropriated for this PROJECT. In the event the DISTRICT provides funding for the PROJECT in excess of the DISTRICT'S share after all federal, state, local and grant monies have been applied as set forth herein, CITY will promptly refund such overpaid amounts to the DISTRICT. 3.2 The DISTRICT will reimburse the CITY for the DISTRICT'S share of the PROJECT costs in accordance with the Project Budget contained in the Project Attachment number 2 Page 2 of 15 Item # 24 Page 3 of 9 Plan set forth in Exhibit "B." The CITY may contract with consultant(s), contractor(s) or both in accordance with the Special Project Terms and Conditions set forth in Exhibit "A." Upon written DISTRICT approval, the budget 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 CITY for 50 percent of all allowable costs in each DISTRICT approved invoice received from the CITY, but at no point in time will the DISTRICT'S expenditure amount under this Agreement exceed expenditures made by the CITY. Payment will be made to the CITY within forty-five (45) days of receipt of an invoice with adequate supporting documentation to satisfy auditing purposes. Invoices will be submitted to the DISTRICT every two (2) months electronically at invoices@WaterMatters.org, or at the following address: Accounts Payable Section Southwest Florida Water Management District Post Office Box 1166 Brooksville, Florida 34605-1166 In addition to sending an original invoice to the DISTRICT’S Accounts Payable Section as required above, copies of invoices may also be submitted to the DISTRICT’S Project Manager in order to expedite the review process. Failure of the CITY to submit invoices to the DISTRICT in the manner provided herein will relieve the DISTRICT of its obligation to pay within the aforementioned timeframe. 3.3 Any travel expenses which may be authorized under this Agreement will be paid in accordance with Section 112.061, F.S., as may be amended from time to time. 3.4 The DISTRICT will not reimburse the CITY for any purpose not specifically identified in Paragraph 2, Scope of Work. 3.5 Surcharges added to third party invoices are not considered an allowable cost under this Agreement. 3.6 The DISTRICT will have no obligation and will not reimburse the CITY for any costs under this Agreement until construction of the PROJECT has commenced. 3.7 Each CITY invoice must include the following certification, and the CITY 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 CITY'S matching funds, as represented in this invoice, are directly related to the performance under the TROPIC HILLS PHASE III DRAINAGE IMPROVEMENTS agreement between the Southwest Florida Water Management District and CITY OF CLEARWATER (Agreement No. ____________), are allowable, allocable, properly documented, and are in accordance with the approved project budget. The CITY has been allocated a Attachment number 2 Page 3 of 15 Item # 24 Page 4 of 9 total of $__ in federal, state, local or grant monies for this PROJECT. $__ has been allocated to this invoice, reducing the DISTRICT'S and CITY'S share to $__." 3.8 The DISTRICT'S and the CITY'S performance and payment pursuant to this Agreement are contingent upon the DISTRICT'S Governing Board appropriating funds in its approved budget for the PROJECT in each Fiscal Year of this Agreement. The CITY’S performance and payment pursuant to this Agreement are contingent upon the CITY Council appropriating funds in its approved budget for the PROJECT in each Fiscal Year of this Agreement. 4. COMPLETION DATES. The CITY will commence the PROJECT by November 30, 2011, will complete the PROJECT by September 30, 2014 and will otherwise meet the milestones established in this Agreement, as may be extended by the DISTRICT in accordance with Paragraph 1 of this Agreement. In the event of hurricanes, tornados, floods, acts of God, acts of war, or other such catastrophes, or other man-made emergencies such as labor strikes or riots, which are beyond the control of the CITY, the CITY'S obligations to meet the time frames provided in this Agreement will be suspended for the period of time the condition continues to exist. During such suspension, this Agreement will remain in effect. The suspension of the CITY’S obligations provided for in this provision will be the CITY'S sole remedy for the delays set forth herein. 5. FAILURE TO COMPLETE PROJECT. The CITY will repay the DISTRICT all funds the DISTRICT paid to the CITY under this Agreement, if: a) the CITY fails to complete the PROJECT in accordance with Paragraph 4 of this Agreement; b) the DISTRICT determines, in its sole discretion and judgment, that the CITY has failed to maintain scheduled progress of the PROJECT thereby endangering the timely performance of this Agreement; or c) the CITY fails to appropriate sufficient funds to complete the PROJECT. The CITY will be obligated to pay attorneys’ fees and costs incurred by the DISTRICT, including appeals, as a result of CITY’S failure to repay the DISTRICT in accordance with this Paragraph. 6. OPERATION AND MAINTENANCE. After construction is completed, the CITY will operate and maintain the PROJECT for a minimum of twenty (20) years, in such a manner that the resource benefits as described in the Project Plan are achieved. In the event the PROJECT is not operated and maintained in accordance with these requirements, the CITY will pay to the DISTRICT an early termination fee. The fee will be five percent (5%) of total DISTRICT monies contributed to the PROJECT for each year or a fraction thereof for early termination of the PROJECT. The CITY will be obligated to pay attorneys’ fees and costs incurred by the DISTRICT, including appeals, as a result of CITY’S failure to repay the DISTRICT in accordance with this Paragraph. The rights and remedies in this provision are in addition to any other rights and remedies provided by law or this Agreement. 7. CONTRACT PERIOD. This Agreement will be effective upon execution by the parties and will remain in effect through December 31, 2014, or upon satisfactory completion of the PROJECT and subsequent reimbursement to the CITY, whichever occurs first, unless amended in writing by the parties. The CITY will not be eligible for Attachment number 2 Page 4 of 15 Item # 24 Page 5 of 9 reimbursement for any work that is commenced, or costs that are incurred, prior to the effective date of this Agreement. 8. 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. Payments made to CITY under this Agreement will be reduced for amounts found to be not allowable under this Agreement by an audit. The CITY will refund to the DISTRICT all such disallowed payments. If an audit is undertaken by either party, all required records will be maintained until the audit has been completed and all questions arising from it are resolved. Each party will maintain all such records and documents for at least three (3) years following completion of the PROJECT. Each party will allow public access to PROJECT documents and materials made or received by either party in accordance with the Public Records Act, Chapter 119, F.S. Should either party assert any exemption to the requirements of Chapter 119, F.S., the burden of establishing such exemption, by way of injunctive or other relief as provided by law, will be upon the asserting party. 9. REPORTS. The CITY will provide the DISTRICT with copies of any and all reports, models, studies, maps or other documents resulting from the PROJECT. Additionally, two (2) sets, electronic and hardcopy, of any final reports must be submitted to the DISTRICT as Record and Library copies. 10. LIABILITY. Each party hereto agrees to defend, indemnify and hold the other harmless, to the extent allowed under Section 768.28, F.S., from all claims, loss, damage and expense, including attorneys’ fees and costs and attorneys’ 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. The indemnified party will have the right to approve counsel selected by the indemnifying party. This provision does not constitute a waiver of either party's sovereign immunity or extend either party’s liability beyond the limits established in Section 768.28, F.S. Additionally, this provision will not be construed to impose contractual liability on either party for underlying tort claims as described above beyond the limits specified in Section 768.28, F.S. 11. DEFAULT. Either party may terminate this Agreement upon the other party's failure to comply with any term or condition of this Agreement, including the failure to meet specific milestones established in this Agreement, as long as the terminating party is not in default of any term or condition of this Agreement at the time of termination. In addition to the above, the DISTRICT may terminate this Agreement if, in its sole discretion and judgment, it determines that the CITY has failed to maintain scheduled progress of the PROJECT thereby endangering the timely performance of the PROJECT. To effect termination, the terminating party will 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. If a default cannot reasonably be cured in thirty (30) days, then the thirty (30) days may be extended at the non-defaulting party’s discretion, if the defaulting party is pursuing a cure of the default Attachment number 2 Page 5 of 15 Item # 24 Page 6 of 9 with reasonable diligence. The rights and remedies in this provision are in addition to any other rights and remedies provided by law or this Agreement. 12. 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. 13. DISTRICT RECOGNITION. The CITY will recognize DISTRICT 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 approval. If construction is involved, the CITY will provide signage at the PROJECT site that recognizes funding for this PROJECT provided by the DISTRICT. All signage must meet with DISTRICT written approval as to form, content and location, and must be in accordance with local sign ordinances. 14. PERMITS AND REAL PROPERTY RIGHTS. The CITY 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 will have no obligation to reimburse the CITY for any costs under this Agreement until the CITY has obtained such permits and property rights necessary to undertake the PROJECT. 15. LAW COMPLIANCE. Each party will comply with all applicable federal, state and local laws, rules, regulations and guidelines, including those of the DISTRICT, related to performance under this Agreement. If the PROJECT involves design services, the CITY'S professional designers and the DISTRICT'S 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 rules and regulations, however, the DISTRICT undertakes no duty to ensure compliance with such rules and regulations. 16. DIVERSITY IN CONTRACTING AND SUBCONTRACTING. The DISTRICT is committed to supplier diversity in the performance of all contracts associated with DISTRICT cooperative funding projects. The DISTRICT requires the CITY to make good faith efforts to encourage the participation of minority owned and woman owned and small business enterprises, both as prime contractors and subcontractors, in the performance of this Agreement, in accordance with applicable laws. 16.1 If requested, the DISTRICT will assist the CITY by sharing information to help the cooperator in ensuring that minority owned and woman owned and small businesses are afforded an opportunity to participate in the performance of this Agreement. 16.2 The CITY agrees to provide the DISTRICT with a report indicating all contractors and subcontractors who performed work in association with the PROJECT, the amount spent with each contractor or subcontractor, and to the extent such information is known, whether each contractor or subcontractor was a minority Attachment number 2 Page 6 of 15 Item # 24 Page 7 of 9 owned or woman owned or small business enterprise. If no minority owned or woman owned or small business enterprises were used in the performance of this Agreement, then the report shall so indicate. The Minority/Women Owned and Small Business Utilization Report form is attached as Exhibit "C." The report is required upon final completion of the PROJECT prior to final payment, or within thirty (30) days of the execution of any amendment that increases PROJECT funding, for information up to the date of the amendment and prior to the disbursement of any additional funds by the DISTRICT. 17. ASSIGNMENT. Except as otherwise provided in this Agreement, no party may assign any of its rights or delegate any of its obligations under this Agreement, including any operation or maintenance duties related to the PROJECT, without the prior written consent of the other party. Any attempted assignment in violation of this provision is void. 18. SUBCONTRACTORS. Nothing in this Agreement will be construed to create, or be implied to create, any relationship between the DISTRICT and any subcontractor of the CITY. 19. THIRD PARTY BENEFICIARIES. Nothing in this Agreement will be construed to benefit any person or entity not a party to this Agreement. 20. LOBBYING PROHIBITION. Pursuant to Section 216.347, F.S., the CITY is hereby prohibited from using funds provided by this Agreement for the purpose of lobbying the Legislature, the judicial branch or a state agency. 21. 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. The CITY agrees to include this provision in all subcontracts issued as a result of this Agreement. 22. 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. The CITY agrees to include this provision in all subcontracts issued as a result of this Agreement. Attachment number 2 Page 7 of 15 Item # 24 Page 8 of 9 23. GOVERNING LAW. All aspects of this Agreement are governed by Florida law and venue will be in Hernando County, Florida. 24. SURVIVAL. The provisions of this Agreement that require performance after the expiration or termination of this Agreement will remain in force notwithstanding the expiration or termination of this Agreement including Subparagraph 3.1 and Paragraphs 5, 6, and 10. 25. 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. 26. 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 "B," and then to Exhibit "C." Exhibit "A" Special Project Terms and Conditions Exhibit "B" CITY'S Project Plan Exhibit "C" Minority/Women Owned and Small Business Utilization Report Form The remainder of this page intentionally left blank. Attachment number 2 Page 8 of 15 Item # 24 Page 9 of 9 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:______________________________________________ ____________________________________ Date FULL NAME OF CITY OF CLEARWATER By:______________________________________ ________ Frank V. Hibbard, Mayor Date By:______________________________________________ William B. Horne II, City Manager Date Attest: By:____________________________________ Rosemarie Call, City Clerk Approved as to form: By:____________________________________ Leslie K. Dougall – Sides, Assistant Attorney COOPERATIVE FUNDING AGREEMENT BETWEEN THE SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT AND CITY OF CLEARWATER FOR TROPIC HILLS PHASE III DRAINAGE IMPROVEMENTS (W280) DISTRICT APPROVAL INITIALS DATE LEGAL _________ _________ RISK MGMT _________ _________ CONTRACTS _________ _________ DEPT DIRECTOR _________ _________ DEPUTY EXEC DIR _________ _________ GOVERNING BOARD _________ _________ Attachment number 2 Page 9 of 15 Item # 24 Page 1 of 1 AGREEMENT NO._______________ EXHIBIT "A" SPECIAL PROJECT TERMS AND CONDITIONS 1. CONTRACTING WITH CONSULTANT AND CONTRACTOR. The CITY may engage the services of a consultant(s), hereinafter referred to as the "CONSULTANT," and a contractor(s), hereinafter referred to as the "CONTRACTOR," to perform the services in accordance with the CITY'S Project Plan previously submitted to the DISTRICT and attached as Exhibit "B." The CITY will be responsible for administering the contracts with the CONSULTANT and CONTRACTOR. 2. APPROVAL OF CONSTRUCTION BID DOCUMENTS. The CITY must obtain the DISTRICT'S written approval of all construction bid documents prior to being advertised or otherwise solicited. The DISTRICT will not unreasonably withhold its approval. The DISTRICT'S approval of the construction bid documents does not constitute a representation or warranty that the DISTRICT has verified the architectural, engineering, mechanical, electrical, or other components of the construction documents, or that such documents are in compliance with DISTRICT rules and regulations or any other applicable rules, regulations, or laws. The DISTRICT'S approval will not constitute a waiver of the CITY'S obligation to assure that the design professional performs according to the standards of his or her profession. The CITY will require the design professional to warrant that the construction documents are adequate for bidding and construction of the PROJECT. REVIEW OF REPORTS & TECHNICAL DOCUMENTS. The CITY must obtain the DISTRICT’S written comments on PROJECT reports and technical documents as set forth in Exhibit “B,” Project Plan, prior to being finalized, distributed or otherwise solicited. The DISTRICT will be provided fourteen (14) business days to review and provide comments on documents before they are finalized, distributed, or otherwise solicited. 3. DISTRICT PARTICIPATION IN SELECTING CONSULTANT AND REVIEW OF CITY’S SELECTION OF CONTRACTOR. As applicable, upon notifying the CITY'S Project Manager, the DISTRICT will have the option of participating as an evaluator in the CITY'S process for selecting the CONSULTANT. The CITY will provide the DISTRICT with a tabulation of CONTRACTOR bids and a recommendation to award. The CITY must obtain the DISTRICT'S approval of the selected CONTRACTOR prior to proceeding with construction of the PROJECT and the DISTRICT will not unreasonably withhold its approval. 4. APPROVAL OF CONTRACTS. The CITY must obtain the DISTRICT'S prior written approval of any contracts entered into with its CONSULTANTS and CONTRACTORS. The DISTRICT will not unreasonably withhold its approval. Attachment number 2 Page 10 of 15 Item # 24 Page 1 of 4 AGREEMENT NO. _______________ EXHIBIT "B" CITY’S PROJECT PLAN 1. GENERAL DESCRIPTION A. Project Objective The Tropic Hills Drainage Improvements Phase III is the last phase of a three-phase project to implement Best Management Practices (BMPs) identified in the DISTRICT'S Watershed Management Program for Coastal Watershed #2. The drainage basin covers approximately 250 acres and discharges to an undersized pipe and open channel depicted in Attachment 1. The Tropic Hills watershed experienced flooding in June 1997 and February 2006. The PROJECT is located along the west side of U.S. 19 and spans between two properties, 19320 and 19400 U.S. 19. The purpose of the PROJECT is to improve stormwater runoff quality and the stormwater conveyance system. B. Project Description: The CITY proposes to remove approximately 1500 LF of existing 43 inch by 68 inch box culvert and 54 inch corrugate metal pipe and replace it with 4 foot by10 foot reinforced concrete box culvert. As part of this PROJECT, the CITY also proposes to install a separator structure to treat runoff from adjacent commercial development to the west removing solids, floaters, and oils from the existing runoff. C. Project Coordination: The CITY shall keep the DISTRICT advised at all times during the course of the PROJECT. The CITY shall provide the DISTRICT’S Project Manager with advance notice of all PROJECT related meetings and will copy the DISTRICT’S Project Manager on all pertinent PROJECT related correspondence. The CITY shall hold status meetings as deemed appropriate by the DISTRICT and CITY Project Managers. 2. PROJECT TASKS A. Design Phase: The CONSULTANT shall provide survey information, prepare detailed construction plans, an engineer’s estimated cost of construction, and construction documents including technical specifications for the PROJECT. The CONSULTANT shall model the current and proposed conditions for the stormwater improvement PROJECT to ensure that PROJECT design shall be in compliance with DISTRICT rules and regulations. The CONSULTANT shall perform the necessary geotechnical investigation and field survey for the improvement delineation, existing structure location and data, and spot elevations for topographic verification. The CITY shall provide copies of all Attachment number 2 Page 11 of 15 Item # 24 Page 2 of 4 interim work products (e.g., design reports, construction plan submittals, specifications, etc.) to the DISTRICT Project Manager for review and comment. Work shall not resume on the final design until the DISTRICT’S review comments have been satisfactorily addressed and the DISTRICT’S Project Manager has provided written approval to proceed with the next phase of design for the specific PROJECT task under review. The DISTRICT’S review comments and/or approvals shall be made in a timely and reasonable manner so as not to compromise the ability of the CITY to meet the deadlines imposed in this Agreement. Upon completion and acceptance of the final design by the CITY and the DISTRICT, the CITY shall furnish the DISTRICT with a complete set of the original reproducible drawings of the construction plans for the PROJECT improvements. B. Permitting: The CITY shall obtain all permits and all real property and/or all real property rights necessary to construct this stormwater improvement PROJECT. C. Bid Documents: The CITY shall obtain the DISTRICT’S written approval of all construction bid documents prior to construction advertisement. DISTRICT review comments and approval of the construction bid documents shall be made in a timely and reasonable manner so as not to compromise the ability of the CITY to meet the deadlines imposed in this Agreement. D. Contractor Selection: The CITY shall engage the services of a contractor through a competitive bid process, in accordance with CITY policy, to construct the PROJECT based on the approved final design and permits. A tabulation of all bids received shall be furnished to the DISTRICT’S Project Manager for review within five working days from the bid opening date. E. Contract Administration: The CITY shall be responsible for all contract administration and shall perform all necessary construction management services to ensure the PROJECT is constructed in accordance with the approved final design and in conformance with all environmental permits issued for the PROJECT. These services shall include, but are not limited to: construction advertisement, receipt and evaluation of bids, contract award, establishment of construction survey control, on-site construction inspection and supervision, preparation of as-built drawings, and the submittal of all required permit certifications upon the completion of construction. DISTRICT staff may participate with CITY staff in site inspections during the construction phase. F. Operation and Maintenance: The CITY shall be responsible for the perpetual operation and maintenance of the completed PROJECT facilities to maintain the PROJECT'S aesthetics, ensure the Attachment number 2 Page 12 of 15 Item # 24 Page 3 of 4 proper hydraulic operation of the PROJECT, and to conform to all the conditions specified in the environmental permits issued for the PROJECT. G. Post-Construction Monitoring: The CITY shall be responsible for all post-construction monitoring requirements that may be identified in the general and specific conditions of any permits issued for the PROJECT, as may be appropriate. 3. PERFORMANCE SCHEDULE: TASK DATES Notice to Proceed to Consultant November 30, 2011 Complete Design and Permitting December 31, 2012 Commence Construction April 30, 2013 Complete Construction September 30, 2014 Additional milestones contained in the performance schedules of the Consultant and Contractor contracts will be incorporated herein by reference. 4. DELIVERABLES The CITY will provide two (2) sets, electronic and hardcopy, of any final reports to the DISTRICT as Record and Library copies. i. Interim Work Products (e.g., Design Reports, Construction Plan Submittals, Specifications, etc.) ii. Final Design Report, Plans, Technical Specifications and Permits iii. Construction Bid Documents iv. Bid Tabulations v. As-Built Drawings 5. PROJECT BUDGET: TASK DESCRIPTION DISTRICT CITY TOTAL Design/Permitting/Construction Documents $100,000 $100,000 $200,000 Construction and Construction Management $1,150,000 $1,150,000 $2,300,000 TOTAL $1,250,000 $1,250,000 $2,500,000 Attachment number 2 Page 13 of 15 Item # 24 Page 4 of 4 ATTACHMENT 1 Attachment number 2 Page 14 of 15 Item # 24 16.00-026 (01/07) Page 1 of 1 AGREEMENT NO. ________________ EXHIBIT "C" MINORITY/WOMEN OWNED AND SMALL BUSINESS UTILIZATION REPORT Projects receiving $100,000 or more in cooperative funding from the Southwest Florida Water Management District require the submission of the following information within 30 days of any amendment increasing project funding and with the final invoice. Questions regarding use of this form should be directed to Contracts Administration, Phone (352) 796-7211 ext. 4132. Cooperator: ____________________________________________ Agreement No.: _________________________________________ Project Name: __________________________________________ Total Project Cost: _______________________________________ INDICATE THE ONE CATEGORY THAT BEST DESCRIBES EACH ORGANIZATION LISTED* BUSINESS CLASSIFICATION CERTIFIED MBE NON-CERTIFIED MBE UNKNOWN NON-MINORITY SMALL BUSINESS Section 288.703(1) F.S. AFRICAN AMERICAN HISPANIC AMERICAN ASIAN/HAWAIIAN AMERICAN NATIVE AMERICAN AMERICAN WOMAN AFRICAN AMERICAN HISPANIC AMERICAN ASIAN/HAWAIIAN AMERICAN NATIVE AMERICAN AMERICAN WOMAN NAMES OF CONTRACTORS AND SUBCONTRACTORS UTILIZED TOTAL AMOUNT PAID * 􀆑 Our organization does not collect minority status data. _____________________________________________ ______________________________________________ Signature Date Print Name and Title Item # 24 City Council Agenda Council Chambers -City Hall Meeting Date:10/20/2011 SUBJECT /RECOMMENDATION: Request authority to institute a civil action on behalf of the City against Mission Hills Condominium Association, Inc. (Mission Hills) for the purpose of seeking a Declaratory Judgment to determine the City’s easement rights as granted in that certain easement dated April 26, 1971 by the Imperial Homes Corporation, Inc. (consent) SUMMARY: On April 26, 1971, Imperial Homes Corporation granted an easement to the City of Clearwater for the purpose of “installing, repairing, operating and maintaining water lines over and across” certain property legally described within the easement document (Easement). The Easement includes a 40-foot square easement for an existing well site. The City has operated the well since acquiring the Easement both as a production well and then as a monitoring well. City staff plans to use the well site once again for production in support of the Reverse Osmosis Water Plant 2. In July 2011, City staff mobilized and began testing to determine whether to make improvements to the existing well or to replace it by drilling a new well within the 40-foot square area to meet the City’s production needs. On July 21, 2011, attorneys for Mission Hills sent correspondence to the City objecting to the City’s planned activities. Mission Hills’ attorney cited that it is Mission Hills’ firm opinion that the Easement does not serve to authorize additional drilling in or around the existing well site. The City Attorney’s office has reviewed the Easement and is of the opinion that staff’s planned activities within the Easement area are consistent with rights the City possesses by virtue of the Easement. The Engineering Department requests that authority be granted to the City Attorney’s Office to seek a Declaratory Judgment by initiating legal action against Mission Hills Condominium Association, Inc. This process is intended to identify the rights granted to the City under the Easement. The costs relative to this action will include a filing fee of $400 and a service process of approximately $100. Sufficient Water Sewer bond proceeds are available in 0376-96767, Reverse Osmosis Plant at Res 2 in the amount of $500.00 to pay for these expenses. Cover Memo Item # 25 Type: Other Current Year Budget?: Yes Budget Adjustment: No Budget Adjustment Comments: See summary section Current Year Cost: $500.00 Annual Operating Cost: Not to Exceed: $500.00 Total Cost: $500.00 For Fiscal Year: 2011 to 2012 Appropriation Code Amount Appropriation Comment 0376-96767-565400-533-000-0000 500.00 See summary section Review Approval: Cover Memo Item # 25 C Ru SA oo Mission Feather Blvd Missi Flint Flint LORI MELONWOOD WOOD KINGS Mission Hills Dr Head ST Arrow Mission Cir W W Dr Flint DR ST SUE E HOMEWO OD JADEWOOD AVE LN GRANTWOOD LAKE FRUIT CIR AVE LAKE LANE SPRING A ST HOLLYWOOD AVE CIR VIRGINIA E. LN DR LEMONWOOD NUTWOOD FRUIT GRAPE CATHERINE CR-611 LEONARD LAKE Cir On E Dr Dr Dr Dr SN Terrace View Ln DR OAK AVE VISTA GLEN AVE KOVE CT CIR CIR KAPOK KAPOK KAPOK Crescent DR SR-590 JOHN DR DR LAWRENCE Abbey Ct Abbey ^ MISSION HILLS EASEMENT LOCATION MCMULLEN BOOTH RD COACHMAN RD Location Map ² Prepared by: Engineering Department Geographic Technology Division 100 S. Myrtle Ave, Clearwater, FL 33756 Ph: (727)562-4750, Fax: (727)526-4755 www.MyClearwater.com Map Gen By: CRM Reviewed By: TM Date: 09/13/2011 Grid #: 273B S-T-R: 8-29-16 Scale: N.T.S. Mission Hills Condominium Easement Location Map Document: (V:\GIS\Engineering\Location Maps\Mission Hills LOC Map.mxd) Attachment number 1 Page 1 of 1 Item # 25 Attachment number 2 Page 1 of 2 Item # 25 Attachment number 2 Page 2 of 2 Item # 25 Attachment number 3 Page 1 of 1 Item # 25 Attachment number 4 Page 1 of 2 Item # 25 Attachment number 4 Page 2 of 2 Item # 25 City Council Agenda Council Chambers -City Hall Meeting Date:10/20/2011 SUBJECT /RECOMMENDATION: Amend the operating budget of the Planning and Development Department in the amount of $107,500 to fund a Development Service Center Manager and provide customer service training in response to recommendations of the Business Task Force. (consent) SUMMARY: The Clearwater Business Task Force submitted its final report to City Council on August 29, 2011. Several recommendations supported hiring additional staff to focus on customer service activities and to create a more customer-centric environment. At the September 28, 2011 Special City Council Meeting, the Planning and Development Department provided several recommendations in response. As discussed at that meeting, to fully implement the desired changes of the Task Force, a modern development service center is needed. Since that is a long-term solution, the Planning and Development Department believes two recommendations can be implemented to start moving the City in the desired direction. One recommendation is to create the position of a Development Service Center Manager to oversee the customer service functions of the department. Some of the key duties of that manager would be to manage and coordinate customer service functions with the Construction Services and Planning Divisions as well as with other departments involved in the development review and permitting processes (Engineering, Fire, Utilities, Traffic, Solid Waste, Parks and Recreation). Specifically, the proposed manager would have authority over all involved to ensure customer service needs are met and to manage the process when out-of-sequence reviews are needed or a shift in priority is warranted. Additionally the Manager would serve as a development liaison on major/complicated projects and those requiring time sensitive reviews and chair the Building Plans Review Committee (BPRC). Another major objective would be to identify ways to improve certain operations such as decreasing plan review turnaround times and streamlining work processes. This position would be created by moving an existing vacant FTE (Full Time Equivalent) management position from another department to the Planning and Development Department. Funding in the amount of $92,500 is requested to implement this recommendation. Attached please find a proposed organizational chart of the Department incorporating the new position as well as a list of responsibilities for the position. The other recommendation is to provide customer service training for the Planning and Development Department as well as for staff from other departments that are involved in the development review and construction permitting process (Engineering, Fire, Utilities, Traffic Operations, Solid Waste, Parks and Recreation). The Department believes such training can take the interaction between city staff and our customers to the next level and help the City provide an even higher quality of customer service. The Planning and Development Department is requesting Council to allocate an amount not to exceed $15,000 to fund such training. First quarter budget amendments will reflect the allocation of $107,500 of General Fund reserves to the Planning and Development Operating budget to fund these costs. Estimated General Fund reserves are approximately $18.4 million, or 16.8% of the current year’s General Fund budget, exceeding our reserve policy by $9.1 million. Funding for this position and necessary training will be included in the City Manager’s recommended budget in future budgets. Review Approval: Cover Memo Item # 26 Code Inforcement Inspector Rick DeBord Nilda Espinosa Peggy Franco Corey O’Neil Julie Phillips Al Ruud Shelby Schaar Sign Inspector MaryJo Weaver License Inspector Dee Shawen Janet McMahan Customer Service Representative Lynne Pulizotto John Warner Assistant Building Oicial Vacant Senior Plans Examiner Jef Walker Plans Examiner Jack Fahey Ralph Rowe Building Construction Inspector Tom Carrick, Lead Worker Robbie Ackerman Mike Coccia Dana Root James Stanley Kevin Tucker Jef Voss John Witkowski Housing Inspector Gabe Parra Sam Swinton Planner II Ellen Crandall Matt Jackson Land Resource Specialist Richard Albee Scott Sullivan Planner III Scott Kurleman Kevin Nurnberger Planner III Cate Lee Lauren Matzke, AICP Director of Planning & Development Michael L. Delk, AICP Code Compliance Manager Terry Teunis Construction Services-Manager/Building Oicial Kevin Garriott Development Service Center Manager Long Range Planning Manager Assistant Planning & Development Director Gina L. Clayton Development Review Manager Robert Teft Planning & Development Department Organizational Chart Senior Staf Assistant Nancy Scott Administrative Analyst Sherry Watkins Development Review Specialist Carl Korczak Michael Lopez Lindsey Newell Jean Peeke James Wagner Development Review Technician II Anne Downes Blackburn Richard DeCastro Scott Jordan Vicki Morahan Jane Sloan Kyle Wilson Attachment number 1 Page 1 of 1 Item # 26 1 Planning and Development Department Proposed Development Service Center Manager Job Responsibilities Manages and coordinates the customer service functions with the Construction Services and Planning Divisions. Advises and consults with the Construction Services Manager (Building Official) and Development Review Manager on procedural matters relating to the plans routing, meeting coordination of plans review staff, development review committee and permit approval process. Reviews and adjusts work plans and schedules, allocates staff resources and resolves priority conflicts in order to ensure work is accomplished in a timely manner. Tracks customer service data and identifies and implements way to improve operations, decrease turnaround times, streamline work processes and work cooperatively and jointly with the department’s management team and other departments involved in the development review and permitting processes to provide quality seamless customer service. Ensures that customer service standards are achieved. Meets and works with industry representatives and City staff to ensure that the development approval and permitting processes are as efficient and effective as possible. Serves as a development liaison with customers on major projects/complicated projects. Coordinates out-of-sequence reviews with the Construction Services Manager (Building Official), Development Review Manager and other impacted departments such as Engineering and Fire. Supervises, trains and evaluates staff responsible for providing permit processing and issuance, application acceptance, cashiering, meeting scheduling and coordination, plans routing and tracking, public information and other customer service activities. Responds to customer and public inquiries and complaints; explains requirements, codes, policies, standards, fees and procedures to the public. Chairs and schedules customers for the Building Plan Review Committee; provides documentation of meeting discussions. Participates in pre-construction meetings. Explains City’s position and policies to customers regarding the plans review procedures and requirements, expected timelines on plans review and permit approval process; Attachment number 2 Page 1 of 2 Item # 26 2 Routes and supervises certain zoning reviews conducted by the Development Review Specialists such as simple site plans, fences, tie-surveys, etc. Coordinates the approval of fee waivers and refunds. Attachment number 2 Page 2 of 2 Item # 26 City Council Agenda Council Chambers -City Hall Meeting Date:10/20/2011 SUBJECT /RECOMMENDATION: Item Pulled: Amend Clearwater Code of Ordinances, Chapter 17, Section 17.06, relating to open fires, by repealing those subsections in Section 17.06 and pass Ordinance 8279-11 on first reading. SUMMARY: The Pinellas County Board of County Commissioners adopted Ordinance 11-33 on August 23, 2011, regulating open burning for recreational purposes and the enforcement of such. Ordinance 11-33 applies in the unincorporated portions and incorporated municipalities of Pinellas County subject to the ability of the municipalities to choose not to have the provision of the ordinance apply. The Pinellas County Fire Marshal’s Association and Fire Chief’s Association have unanimously endorsed the adoption of Ordinance 11-33. The Fire Marshal for the Clearwater Fire District has determined that the enforcement of the provisions in Ordinance 11-33 as opposed to similar provisions in Section 17.06, Clearwater Code of Ordinances, will protect the health, safety, and welfare of the public. Pinellas County Ordinance 11-33 gives fire officials the authority to manage different types of incidents and extinguish any fires that are not compliant with the code. It also provides the ability to involve law enforcement as needed and carries penalties for repeat offenders. Type: Other Current Year Budget?: None Budget Adjustment: None Budget Adjustment Comments: Current Year Cost: Annual Operating Cost: Not to Exceed: Total Cost: For Fiscal Year: to Review Approval: Cover Memo Item # 27 Ordinance No. 8279-11 ORDINANCE NO. 8279-11 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, RELATING TO OPEN FIRES; REPEALING THOSES SUBSECTIONS IN SECTION 17.06, CLEARWATER CODE ORDINANCES, PERTAINING TO OPEN FIRES; PROVIDING AN EFFECTIVE DATE. Whereas, the Board of County Commissioners of Pinellas County recently adopted Ordinance No. 11-33, regulating open burning; and Whereas, Ordinance No. 11-33 applies in the unincorporated portions and incorporated municipalities of Pinellas County subject to the ability of the municipalities to choose to not have the provisions of the ordinance apply; and Whereas, the Pinellas County Fire Marshal's Association and the Fire Chief's Association have unanimously endorsed the adoption of Ordinance No. 11-33; and Whereas, the fire marshal for the Clearwater Fire District has determined that the enforcement of the provisions in Ordinance No. 11-33 as opposed to similar provisions in Section 17.06, Clearwater Code of Ordinances, will protect the health, safety, and welfare of the public; now therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. Section 17.06, Code of Ordinances, is amended as follows: Sec. 17.06. – Fireworks and pyrotechnic displays and open fires. (1) Definitions. For the purposes of this section: (a) Fireworks display means the use of fireworks as defined in F.S. § 791.01. The term does not include “approved sparkler devices” as that term is defined by the Office of the fire marshal of the State of Florida. (b) Open fire means the combustion of any matter outside of a building, except fires kindled in a barbecue pit or grill, exterior fireplace, cookout device, or similar out-of-doors eating or Attachment number 1 Page 1 of 4 Item # 27 2 Ordinance No. 8279-11 cooking device, and except the fires kindled for the instruction of personnel in the methods of fighting fires. (b)(c) Pyrotechnic material means a chemical mixture used in the entertainment industry to produce visible or audible effects by combustion, deflagration, or detonation. Such a chemical mixture predominantly consists of solids capable of producing a controlled, self-sustaining, and self-contained exothermic chemical reaction that results in heat, gas, sound, light, or a combination of these effects. The chemical reaction functions without external oxygen. ©(d) Pyrotechnic special effect means a special effect created through the use of pyrotechnic material. (2) Permit required per the Florida Fire Prevention Code. (a) No person shall use, possess, store, manufacture, sell, or discharge fireworks within the jurisdiction in violation with F.S. Ch. 791. A permit for fireworks display or a pyrotechnic special effect display, must first be obtained prior to commencing such activity in accordance with the applicable NFPA Standard, except that no permit shall be issued from February 1st through August 31st for any display on the publicly owned beach abutting the Gulf of Mexico from the boundary of Somerset Street to the northern most boundary of Clearwater Beach. (b) No person shall start or permit an open fire on his or her property, or start an open fire on the property of others, without first obtaining a permit for such activity. (b)(c) The city will issue any permit(s) required by this Code, once all approvals are granted and all fees as required by this Code and Appendix A of the Clearwater Community Development Code are paid. ©(d) Work commencing before permit issuance. If any person commences any work without a proper permit for such work shall be subject to penalty provided in Appendix A. (3) Attachment number 1 Page 2 of 4 Item # 27 3 Ordinance No. 8279-11 Application for permit. A permit required by this section shall be issued by the fire chief or fire marshal upon the approval of an application for such permit and the payment of the fee prescribed in this section. The application shall be made upon a form provided by the fire chief or fire marshal, which shall require the name and address of the applicant, the date and time of the proposed activity, the location of the proposed activity, the name and address of any contractor engaged by the applicant to perform the activity, and such other information as the fire chief or fire marshal may reasonably require. For an application for a permit for a fireworks display or a pyrotechnic special effect display, the application shall be accompanied by a copy of a certificate of liability insurance naming the City of Clearwater as an additional insured under a policy providing not less than $1,000,000.00 individual and aggregate public liability and property damage insurance coverage for the activity. (4) Fees. The application shall be accompanied by a payment of a fee as follows: Fireworks display administrative fee $150.00 (5) The city manager, fire chief, and fire marshal shall each have the authority to take immediate action to suspend any operation for which a permit is required by this section, which is being conducted without a permit, or in violation of a term or condition of a permit. A violation of any of the provisions of this section shall be punishable in county court as a civil infraction pursuant to section 1.12 (6) The city manager, fire chief, and fire marshal shall each have the authority to require that a permitted fireworks display be monitored by emergency personnel to insure that the conditions of the permit are followed. When monitoring is required, the applicant shall reimburse the fire department the actual cost incurred. Section 2. This ordinance shall take effect immediately upon adoption. PASSED ON FIRST READING _____________________ PASSED ON SECOND AND FINAL _____________________ READING AND ADOPTED Attachment number 1 Page 3 of 4 Item # 27 4 Ordinance No. 8279-11 ___________________________ Frank V. Hibbard Mayor Approved as to form: Attest: __________________________ ____________________________ Robert J. Surette Rosemarie Call Assistant City Attorney City Clerk Attachment number 1 Page 4 of 4 Item # 27 City Council Agenda Council Chambers -City Hall Meeting Date:10/20/2011 SUBJECT /RECOMMENDATION: Approve an agreement to lease the Collier Arnold parking lot and authorize the appropriate officials to execute same. SUMMARY: As part of the arrangement with the Clearwater Marine Aquarium, half of the Main Library parking lot will be included in the lease of the Harborview space. To allow the library to continue normal operations, the city will lease the parking lot on the corner of Drew and Osceola from Collier Arnold for $1,500 a month. The Marine Aquarium will reimburse the City for that cost. This is a month-to-month lease, which the city can cancel at any time with 30 days written notice. Type: Debt-Lease Current Year Budget?: No Budget Adjustment: None Budget Adjustment Comments: This is a revenue neutral proposal for the city. Current Year Cost: Annual Operating Cost: Not to Exceed: Total Cost: For Fiscal Year: to Review Approval: Cover Memo Item # 28 Attachment number 1 Page 1 of 6 Item # 28 Attachment number 1 Page 2 of 6 Item # 28 Attachment number 1 Page 3 of 6 Item # 28 Attachment number 1 Page 4 of 6 Item # 28 Attachment number 1 Page 5 of 6 Item # 28 Attachment number 1 Page 6 of 6 Item # 28 City Council Agenda Council Chambers -City Hall Meeting Date:10/20/2011 SUBJECT /RECOMMENDATION: Amend Section 22.24(2) of the City of Clearwater Code of Ordinances to change the hours of operation for various parks; eliminate properties from the list that are no longer used as a park; and change the name of Chautauqua Park North (Enterprise Road) to Enterprise Dog Park and pass Ordinance 8293-11on first reading. SUMMARY: On February 3, 2005, the City Council approved Ordinance 7376-05 amending Section 22.24 by adding the hours of operation for each City park in the Code of Ordinances; requiring at least one prominently posted sign be installed at each park stating the hours of operation; and providing an exception to the closing hours which would allow a permit to be issued by the Department or the City Manager. The Ordinance provided a tool that City law enforcement officers use to more effectively patrol City parks and enforce the hours of operation at each park. It reduced the number of persons trespassing on park property after closing hours and reduces some of the vandalism that occurs during these times. From time to time, Section 22.24(2) of the Code of Ordinances needs to be reviewed and updated to reflect accurately any changes that may have occurred since the last amendment. Following is a list of the various changes that are included in this agenda item as well as changing the description of “Open for Scheduled Programming Only” to “Open for Permitted Use Only”. Name changes: Lake Chautauqua Park North (Enterprise Road) to Enterprise Dog Park. Properties removed: Countryside Library Playground; US 19 Soccer Practice Fields, Martin Luther King Recreation Center Hours changed: North Greenwood Rec. & Aquatic Complex – from “Closed from 9:00 p.m. until 6:00 a.m.” to “Closed from 10:00 p.m. until 6:00 a.m.” Belmont Park & Plaza Park – from “Closed from 10:00 p.m. until 6:00 a.m.” to “Closed from Sunset until Sunrise” Ross Norton Ballfields, Frank Tack Park, Sid Lickton and Fred Cournoyer Center, Joe DiMaggio Complex -from various set hours to “Open for Permitted Use Only” Sand Key Bayside Park – from “Open 24 Hours Per Day” to “Closed from 9:00 p.m. to 6:00 a.m.” Lawn Bowls & Shuffleboard Complex – from “Open for Permitted Use Only” to “City Owned Properties -Leased to Others” New categories: Martin Luther King Recreation Park Area -“Closed from 10:00 p.m. until 6:00 a.m.” Del Oro Park Trail -“Closed from Sunset until Sunrise” Clearwater Beach Family Aquatic and Rec Complex Boat Ramp -“Open 24 Hours Per Day” Lawn Bowls & Shuffleboard Complex Park Area Only – “Closed from Sunset Until Sunrise” Review Approval: Cover Memo Item # 29 Ordinance No. 8293-11 ORDINANCE NO. 8293-11 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, RELATING TO PARKS; AMENDING CHAPTER 22, PARKS, BEACHES, RECREATION, ARTICLE II, USE REGULATIONS, SECTION 22.24(2), CHANGING THE NAME OF CHAUTAUQUA PARK NORTH (ENTERPRISE RD.) TO ENTERPRISE DOG PARK; MODIFYING PARK HOURS FOR VARIOUS PARKS OR PORTIONS THEREOF; REMOVING CERTAIN PARKS; PROVIDING AN EFFECTIVE DATE. WHEREAS, the Code of Ordinances currently empowers the city manager to regulate the time, place and manner in which City park property is to be used and enjoyed by the public; and WHEREAS, it is beneficial and necessary to amend Code of Ordinances, Parks, Beaches, and Recreation Use Regulations relating to the names of city parks and the hours of operation for city parks or certain portions thereof, from time to time in the interest of the public health, safety and welfare, and for the preservation of public property; now therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA; Section 1. That Chapter 22, Section 22.24 of the Code of Ordinances, City of Clearwater, Florida, is hereby amended to read as follows: Chapter 22 Parks, Beaches, Recreation* * * * Article II. Use Regulations* * * * Sec. 22.24. Authority to regulate beaches, park property, and the Courtney Campbell Recreation Area. * * * (2) The hours of operation for each city park, as may be amended from time to time, are as follows: Attachment number 1 Page 1 of 6 Item # 29 Ordinance No. 8293-11 NO. SITE NAME 1. CLOSED FROM SUNSET UNTIL SUNRISE: 1 ALLEN'S CREEK PARK 2 ALLIGATOR LAKE 3 BAY PARK ON SAND KEY 4 MYRON A. SMITH BAYVIEW PARK 5 BELMONT PARK 5 6 CEDAR GROVES 6 7 CHARLES PARK 7 8 CHARTER OAKS 8 9 LAKE CHAUTAUQUA PARK 9 CHAUTAUQUA PARK NORTH (Enterprise Rd.) 10 CHAUTAUQUA PARK SOUTH 11 CHERRY HARRIS PARK 12 CLIFF STEPHENS PARK 13 COOPERS BAYOU PARK 14 COUNTRY HOLLOW PARK 15 CYPRESS BEND PARK 16 CYPRESS POINT PARK 17 D.D. DAVIS PARK 18 DEL ORO PARK TRAIL 18 19 DREW PLAZA 20 ENTERPRISE DOG PARK 19 21 GARDEN AVENUE PARK 20 22 GLEN OAKS PARK 21 23 GLENWOOD PARK 22 24 HARDING PLAZA 23 25 HIBISCUS LAKE 24 26 HILLCREST PARK 25 27 LAKE HOBART SOUTH 26 28 LAKE LUCILLE 29 LAWN BOWLS & SHUFFLEBOARD COMPLEX -PARK AREA ONLY Attachment number 1 Page 2 of 6 Item # 29 Ordinance No. 8293-11 27 30 MANDALAY PARK 28 31 NO. GREENWOOD REC/AQUATIC COMPLEX PLAYGROUND 29 32 NORTHEAST COACHMAN PARK 30 33 NORTHWOOD PARK 31 34 OVERBROOK PARK 35 PLAZA PARK 32 36 SALLS LAKE 1 & 2 33 37 SOULE ROAD PARK 34 38 SPRING LAKE PARK 35 39 STATE STREET PARK 36 40 STATION SQUARE PARK 37 41 SUNSET POINT ROAD PLAYFIELD 38 42 TERRACE LAKE 39 43 TOWN PLACE PARK 2. CLOSED FROM 9:00 PM UNTIL 6:00 AM: 40 44 COACHMAN PARK 41 45 COURTNEY CAMPBELL RECREATION AREA 42 COUNTRYSIDE LIBRARY PLAYGROUND 43 46 MAGNOLIA STREET DOCK 44 47 MEMORIAL PARKS 1 & 2 45 48 MORNINGSIDE RECREATION COMPLEX 46 NO. GREENWOOD REC. & AQUATIC COMPLEX 47 49 PROSPECT LAKE PARK 48 50 ROSS NORTON COMPLEX & ED WRIGHT PARK 51 SAND KEY BAYSIDE PARK 49 52 TURNER STREET DOCK 50 53 WOOD VALLEY RECREATION CENTER 3. CLOSED FROM 10:00 PM UNTIL 6:00 AM: 51 54 BAYFRONT TENNIS COMPLEX 52 BELMONT PARK 53 55 CLW. BEACH FAMILY AQUATIC & REC. CMPLX. 54 56 COACHMAN RIDGE PARK 55 57 COUNTRYSIDE COMMUNITY PARK Attachment number 1 Page 3 of 6 Item # 29 Ordinance No. 8293-11 56 58 DEL ORO PARK (Trail: Sunrise to Sunset) 57 FRANK TACK PARK 58 MARYMONT PARK 59 MARTIN LUTHER KING RECREATION PARK AREA 59 60 MONTCLAIR PARK 61 NO. GREENWOOD REC. & AQUATIC COMPLEX 60 PLAZA PARK 61 SID LICKTON PARK & FRED COURNOYER CT. 62 62 SUNSET SAM PARK AT ISLAND ESTATES 63 U.S. 19 SOCCER PRACTICE FIELDS 64 63 VALENCIA PARK 4. CLOSED FROM 11:00 PM UNTIL 6:00 AM: 65 64 CREST LAKE PARK 66 65 EDGEWATER DRIVE PARK 67 66 FOREST RUN PARK 68 JOE DIMAGGIO COMPLEX 69 67 LONG CENTER 70 68 McKAY PLAYFIELD 71 69 PIER 60 PARK 72 70 WOODGATE PARK 5. OPEN 24 HOURS PER DAY: 73 71 CLEARWATER BEACH 72 CLEARWATER BEACH FAMILY AQUATIC & REC. COMPLEX BOAT RAMP 74 73 MEMORIAL CAUSEWAY 75 SAND KEY BAYSIDE PARK 76 74 SEMINOLE DOCKS 6. OPEN FOR SCHEDULED PROGRAMMING ONLY PERMITTED USE ONLY: 77 75 CARPENTER FIELD 78 76 COOPERS POINT NATURE PARK 79 77 COUNTRYSIDE SPORTS COMPLEX 80 78 DAVID MARTIN SOCCER FIELDS 81 79 E. C. MOORE COMPLEX (1-9) 80 FRANK TACK PARK Attachment number 1 Page 4 of 6 Item # 29 Ordinance No. 8293-11 82 81 HENRY L. MCMULLEN TENNIS COMPLEX 82 JOE DIMAGGIO COMPLEX 83 LAWN BOWLS & SHUFFLEBOARD COMPLEX 83 MARYMONT PARK 84 MISSOURI AVE. (DOT) 85 MOCCASIN LAKE NATURE PARK 86 PHILLIP JONES PARK 87 ROSS NORTON BALLFIELDS 88 SID LICKTON PARK & FRED COURNOYER CT. CITY OWNED PROPERTIES-LEASED TO OTHERS (Hours of operation established by Lessee): 87 89 BRIGHTHOUSE NETWORK FIELD 88 90 CHI-CHI RODRIGUEZ GOLF COURSE 89 91 CLEARWATER COUNTRY CLUB 90 92 CLEARWATER EXECUTIVE GOLF COURSE 91 93 HARBORVIEW CENTER 92 94 HOLT AVE. PROPERTY 93 95 JACK RUSSELL STADIUM 94 96 KINGS HIGHWAY RECREATION CENTER 97 LAWN BOWLS & SHUFFLEBOARD COMPLEX 95 MARTIN LUTHER KING RECREATION CENTER 96 98 PERFORMING ART CENTER & THEATER (PACT) 97 99 SAILING CENTER * * * Section 2. This ordinance shall take effect immediately upon adoption. PASSED ON FIRST READING _______________________ PASSED ON SECOND AND FINAL _______________________ READING AND ADOPTED Attachment number 1 Page 5 of 6 Item # 29 Ordinance No. 8293-11 _____________________________ Frank V. Hibbard Mayor Approved as to form: Attest: ____________________________ _____________________________ Laura Lipowski Mahony Rosemarie Call Assistant City Attorney City Clerk Attachment number 1 Page 6 of 6 Item # 29 City Council Agenda Council Chambers -City Hall Meeting Date:10/20/2011 SUBJECT /RECOMMENDATION: Approve an Interlocal Agreement between the City of Clearwater and Pinellas County, for distribution of Pennies for Pinellas funds to the City for work completed as part of the Gulf Boulevard Improvement Program, authorize the appropriate officials to execute same and adopt Resolution 11-21. SUMMARY: In February 2002 by Resolution 02-1, the City of Clearwater entered into an agreement with Pinellas County for planning and design of certain improvements to the Gulf Beach Corridor and specifically Gulf Boulevard. The county recognized these improvements to be of countywide importance and committed to assist appropriate beach communities by contribution from the one-percent surtax more commonly known as Pennies for Pinellas. This has evolved to the current agreement -Pinellas County has agreed to reimburse the City of Clearwater and other appropriate cities for improvements to Gulf Boulevard completed on or after March 13, 2007. The City has completed appropriate improvements through the construction of Beach Walk that qualify the City for these reimbursements. In all, the amount to be reimbursed to the cities is $35 million prorated based upon centerline miles of Gulf Boulevard within each jurisdiction. Clearwater will receive 19.17% of the total or $6,708,380 to be paid over a period of seven years commencing in Fiscal Year 2013. The payment schedule included with the agreement indicates that the City will receive $670,838 per year for Fiscal Years 2013 through 2016 and $1,341,676 per year for Fiscal Years 2017 through 2019. The proceeds from this can be used to reimburse the funding sources for Beach Walk, which include the General Fund, Penny for Pinellas, Transportation Impact Fees and Road Millage. The exact distribution of the funds will be determined at a later date. Review Approval: Cover Memo Item # 30 Resolution 11-21 RESOLUTION NO. 11-21 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA, APPROVING THE FORM OF AND AUTHORIZING THE EXECUTION AND DELIVERY OF AN INTERLOCAL AGREEMENT BETWEEN THE CITY OF CLEARWATER, FLORIDA, THE TOWN OF BELLEAIR BEACH, THE TOWN OF BELLEAIR SHORE, THE CITY OF INDIAN ROCKS BEACH, THE TOWN OF INDIAN SHORES, THE CITY OF MADEIRA BEACH, THE TOWN OF NORTH REDINGTON BEACH, THE TOWN OF REDINGTON BEACH, THE TOWN OF REDINGTON SHORES, THE CITY OF ST. PETE BEACH, THE CITY OF TREASURE ISLAND, AND PINELLAS COUNTY, FLORIDA; AND PROVIDING CERTAIN OTHER DETAILS WITH RESPECT THERETO. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA, THAT: SECTION 1. Authority. This Resolution is adopted pursuant to the provisions of Section 163.01, Florida Statutes; Article VIII, Section 2 of the Constitution of the State of Florida; Chapter 166, Florida Statutes; and other applicable provisions of law (collectively, the "Act"). SECTION 3. Authorization of the Form of the Interlocal Agreement. The execution of the Interlocal Agreement, the form of which is attached hereto as Exhibit A (the "Interlocal Agreement") is hereby authorized. The form of the Interlocal Agreement is hereby approved, subject to such changes, insertions and omissions and such filling of blanks therein as may be approved and made in such form by the officers of the County and the City executing the same, such execution and delivery to be conclusive evidence of such approval. SECTION 4. Authorization to Execute. The Mayor and the City Clerk are hereby authorized and empowered to execute the Interlocal Agreement in substantially the form attached hereto, subject to such changes, modifications, additions, deletions and substitutions which do not materially affect the substance thereof as such officers executing the same shall approve, such execution to be conclusive evidence of such approval and to affix thereto or impress thereon the seal of the City. SECTION 5. Effective Date. This Resolution shall take effect immediately upon its adoption. PASSED AND ADOPTED by the City Commission of the City of Clearwater, Florida this ___ day of ________, 2011. Attachment number 1 Page 1 of 2 Item # 30 Resolution 11-21 2 CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA (SEAL) By: Frank V. Hibbard Mayor ATTEST: By: Rosemarie Call City Clerk Approved as to form: By: Pamela K. Akin City Attorney Attachment number 1 Page 2 of 2 Item # 30 Attachment number 2 Page 1 of 22 Item # 30 Attachment number 2 Page 2 of 22 Item # 30 Attachment number 2 Page 3 of 22 Item # 30 Attachment number 2 Page 4 of 22 Item # 30 Attachment number 2 Page 5 of 22 Item # 30 Attachment number 2 Page 6 of 22 Item # 30 Attachment number 2 Page 7 of 22 Item # 30 Attachment number 2 Page 8 of 22 Item # 30 Attachment number 2 Page 9 of 22 Item # 30 Attachment number 2 Page 10 of 22 Item # 30 Attachment number 2 Page 11 of 22 Item # 30 Attachment number 2 Page 12 of 22 Item # 30 Attachment number 2 Page 13 of 22 Item # 30 Attachment number 2 Page 14 of 22 Item # 30 Attachment number 2 Page 15 of 22 Item # 30 Attachment number 2 Page 16 of 22 Item # 30 Attachment number 2 Page 17 of 22 Item # 30 Attachment number 2 Page 18 of 22 Item # 30 Attachment number 2 Page 19 of 22 Item # 30 Attachment number 2 Page 20 of 22 Item # 30 Attachment number 2 Page 21 of 22 Item # 30 Attachment number 2 Page 22 of 22 Item # 30 City Council Agenda Council Chambers -City Hall Meeting Date:10/20/2011 SUBJECT /RECOMMENDATION: Approve the Third Amendment to Contract For Purchase of Real Property by the City of Clearwater between the Times Publishing Company (Times), a Florida Corporation, St. Petersburg, Florida and the City of Clearwater (City), Clearwater, Florida, for the City to purchase from The Times real property described as Magnolia Park Subdivision, part of lot 3 lying East of Railroad, all of Lots 4,5,6 and 8 , plus the East 27 feet of lots 3 and 8, Block 11; together with Lot 3 less the West 4 feet, all of Lots 5,6,7, and 8 less the West 4 feet, Block 8, according to the plat thereof as recorded in Plat Book 1, Page 70, Public Records of Pinellas County, for the sum of $ 1,950,000 and authorize the appropriate officials to execute same, together with all documentation required to effect closing and approve the terms and conditions of the amended related temporary occupancy lease between the City and The Times Company, and authorize the appropriate officials to execute same. SUMMARY: The subject property is located at 710 Court Street in the Downtown District of Clearwater. The parcel is approximately 83,800 sq. ft., and is comprised of a single tenant office building with an adjacent parking lot. This property presents an opportunity for the City to acquire a strategically located parcel considered for a number of years as well suited for transit and/or governmental uses. Acquisition discussions between the parties have taken place over a period of years, but have not led to agreement. Now, however, due to current conditions in the real estate market, the City has been able to reach a mutually acceptable purchase arrangement with The Times Company to allow acquisition within designated funds in Penny for Pinellas. The original purchase price of $2.2 Million was close to the mid-point between two independent appraisals performed on the property and reflects a $26.29/sq. ft. blended valuation (structure and parking lot). Due to the subsequent finding during due diligence of environmental contamination on the site requiring remediation, the parties have agreed upon a revised purchase price of $1, 950,000, with a clawback provision that refunds to the Times Publishing Company any amount remaining out of the $250,000.00 reduction to the purchase price which is not utilized for environmental remediation by the City upon receipt of a No Further Action determination by FDEP (Florida Department of Environmental Protection) for use of the site as allowed by current zoning and land use regulations. Because The Times Company has the desire and need to find a relocation site for the Clearwater Bureau and an acceptable alternative has not yet been found, a companion lease would allow The Times Company to lease back the property for the statutorily-required $1 per annum minimum, triple net, with the City held completely harmless, for up to one year. The economic value of the leasehold, as reflected in the appraisal, was factored into the final purchase price. The amended lease provides the City the right of entry during the lease period for environmental testing/remediation and indemnifies the City from any/all claims due to the existent environmental conditions on the site during the tenant occupancy. Staff recommends approval of the amended Contract for Purchase and Business Lease Contract. Appropriation Code Amount Appropriation Comment 315-92840 Review Approval: 1) Legal 2) Clerk 3) Assistant City Manager ED 4) City Manager Cover Memo Item # 31 1 AMENDMENT TO BUSINESS LEASE CONTRACT THIS AMENDMENT TO BUSINESS LEASE CONTRACT (“Amendment”) is made effective this ______ day of _______________________, 2011, by and between the CITY OF CLEARWATER, FLORIDA, a Florida municipality, as (“Lessor”), and TIMES PUBLISHING COMPANY, a Florida Corporation, as (“Lessee”), (collectively the “Parties”). W I T N E S S E T H: WHEREAS, Lessee and Lessor entered into that certain Contract for Purchase of Real Property by the City of Clearwater on June 20, 2011, as amended, (“Purchase Contract”) identifying the terms and conditions for the Lessor’s purchase of real property known as Pinellas County Parcel I. D. 15-29-15-54450-011-0030, 15-29-15-54450-008-0040, 15-29-15-54450-008-0060 (“Property”), said Property intended to be leased-back by Lessee from Lessor; and WHEREAS, Lessor and Lessee entered into that certain Business Lease Contract (“Lease”) dated June 20, 2011, wherein the term of the Lease is set forth as one (1) year; which term shall commence on the day of closing of the Purchase Contract; and WHEREAS, environmental contamination has been identified during the Lessor’s Right of Inspection period as provided for in the Purchase contract; and WHEREAS, therefore, the Parties now mutually agree to amend said Lease solely with respect to the Lessor’s Right of Entry during the Lease Term to remediate environmental conditions and to provide for a release by Lessee of Lessor as to any claims which may arise during the period of its tenancy as a result of the environmental contamination; NOW THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: 1. Paragraph 10 Right of Entry. This paragraph of the Lease is hereby amended only to the extent of the following, with all other provisions of the paragraph remaining intact. The following shall be added to the end of the paragraph. “In the course of Lessor’s Right of Inspection period, environmental conditions were identified which warrant Lessor access to the Leased Premises during the Lease Term. Lessor and Lessee acknowledge and agree that Lessor’s access to the property is necessary in order to address the environmental conditions, such access being a material inducement to Lessor proceeding with the purchase of the property and entering into this agreement. Attachment number 1 Page 1 of 4 Item # 31 2 Therefore, in addition to the Lessor’s Right of Entry as set forth above, Lessor reserves the right to enter upon the Leased Premises to conduct activities consistent with environmental assessment and/or remediation activities as may be determined necessary by Lessor, or recommended or required by appropriate regulatory or permitting authorities. Each of the Parties shall designate a representative to coordinate access and Lessor shall provide notice to Lessee through said representative in order to minimize disruption of Lessee’s peaceful enjoyment. In all instances of entry, Lessor will make its best efforts to minimize interference with Lessee’s occupancy. 2. Paragraph 21 Indemnification. This paragraph of the Lease is hereby amended to add the following to the end of the paragraph. ““Release. Lessee and its affiliated companies, consultants, fiduciaries, agents, servants, employees, partners, members, managers, trustees, beneficiaries, representatives, officers, directors, attorneys, guarantors, successors and assigns (collectively and severally, the “Affiliated Entities”) do hereby release and forever discharge Lessor for and from any and all Claims which Lessee ever had, now have, or hereafter can, shall or may have against Lessor for, upon or by reason of any matter, cause or thing whatsoever arising from, accruing during, or otherwise related to environmental conditions existing or hereafter discovered on the Leased Premises, from the inception of this Lease through the date of expiration or termination of this Lease (each a “Released Claim”). Lessee and their respective Affiliated Entities hereby covenant and agree to forever forbear from alleging, asserting, bringing, commencing, instituting, maintaining, prosecuting or otherwise pursuing against Landlord any Released Claim. Lessee and their respective Affiliated Entities further agree that this release may be pleaded by Landlord as a full and complete defense to any Released Claim that may be alleged, asserted, brought, commenced, instituted, maintained, prosecuted or otherwise pursued against Lessor. “Claims” means any and all actions, adjudications, awards, causes of action, claims, costs, damages (including, without limitation, consequential damages), demands, expenses (including, without limitation, attorneys', consultants' and experts' fees and disbursements actually incurred in investigating, defending, settling or prosecuting any claim, litigation or proceeding), fees, fines, forfeitures, injuries, judgments, liabilities, liens, losses, obligations, orders, proceedings, penalties, stop notices and suits of any kind or of any nature whatsoever, including, without limitation, any Claims related to the following: (i) any Release (as defined below), threatened Release, Storage, Treatment, accumulation, generation, utilization, Disposal, transportation or other handling or migration of any Hazardous Substance (as defined below) on, in, onto, or from the Premises; Attachment number 1 Page 2 of 4 Item # 31 3 (ii) the violation or alleged violation of Environmental Laws (as defined below) occurring on or related to the Premises; and The terms "Storage", "Treatment" and "Disposal" shall have the same meanings and definitions as set forth in the Resource Conservation and Recovery Act as amended 42 U.S.C. Â§ 6901 et seq. or regulations promulgated thereunder. This Section shall survive the expiration or termination of the Lease.” 4. Remainder of Lease Unaffected. In all other respects, the remainder of the Lease shall remain in full force and effect. Any portion of the Lease that is inconsistent with this Amendment is hereby amended to be consistent. 5. Headings. The headings contained in this Amendment are for reference purposes only and shall not modify or affect this Amendment in any manner whatsoever. 6. Counterparts. This Amendment may be executed in counterparts, all of which together shall constitute one agreement binding on all the parties hereto. IN WITNESS WHEREOF, Lessor and Lessee have caused this Amendment to be duly executed on the day and year first written above. AS TO LESSEE: TIMES PUBLISHING COMPANY BY: ____________________________ Jana L. Jones, Vice President [City signature page to follow] Attachment number 1 Page 3 of 4 Item # 31 4 AS TO LESSOR: CITY OF CLEARWATER, FLORIDA Countersigned: ______________________________ ______________________________ Frank V. Hibbard, Mayor William B. Horne II, City Manager Approved as to form: Attest: ______________________________ _____________________________ Laura Mahony, Assistant City Attorney Rosemarie Call, City Clerk Attachment number 1 Page 4 of 4 Item # 31 Page 1 of 3 THIRD AMENDMENT TO CONTRACT FOR PURCHASE OF REAL PROPERTY BY THE CITY OF CLEARWATER, FLORIDA This AMENDMENT to that certain CONTRACT FOR PURCHASE OF REAL PROPERTY BY THE CITY OF CLEARWATER (“Agreement”), is made and entered into this _____ day of October, 2011, by and between TIMES PUBLISHING COMPANY, a Florida corporation, having its principal place of business at 490 First Avenue South, St. Petersburg, Florida 33701, (herein “Seller” or “Times”) and the CITY OF CLEARWATER, FLORIDA, a Florida municipality, 112 South Osceola Avenue, Clearwater, Florida 33756 (herein "Buyer" or "City"), (collectively "Parties"). WITNESSETH: WHEREAS, the Parties have heretofore entered into the Agreement for the sale and purchase of real property as described therein, having been previously amended twice to extend the Buyer Right of Inspection and Closing Date; and WHEREAS, based on environmental conditions revealed in the course of Buyer’s Inspection, the Parties wish to amend the contract purchase price; and NOW THEREFORE, in consideration of the foregoing and the mutual covenants contained hereinafter, IT IS AGREED AS FOLLOWS: 1. RECITALS. The foregoing recitals are true and correct and are incorporated herein by reference. 2. FULL PURCHASE PRICE. Paragraph 2 is hereby amended and restated in its entirety as follows. “FULL PURCHASE PRICE: ...........................................………………….. $1,950,000.00” 3. MANNER OF PAYMENT. Paragraph 3 is hereby amended and restated in its entirety as follows. “MANNER OF PAYMENT: Wire transfer in U. S. finds at time of closing . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,950,000.00” 4. PURCHASE PRICE. Paragraph 4 is hereby amended to add the following to the end of the paragraph. “The purchase price has been reduced Two Hundred Fifty Thousand Dollars ($250,000.00) from the original contract purchase price of Two Million Two Hundred Thousand dollars ($2,200,000.00) in recognition of certain environmental conditions found to exist during the Buyer’s due diligence period (“Remediation Reduction”). The Remediation Reduction is intended to be representative of Buyer’s expected expenses in assessing and remediating the environmental conditions to completion. If, at such time as the Buyer secures a notice of “No Further Action” from the Florida Department of Attachment number 2 Page 1 of 3 Item # 31 Page 2 of 2 Environmental Protection related to the remediation, Buyer has not expended the full Remediation Reduction of $250,000.00, Buyer shall reimburse Seller that remaining portion of the Remediation Reduction up to the Two Hundred Fifty Thousand Dollars (“Seller Reimbursement”). Seller Reimbursement shall be paid by Buyer within thirty (30) days of receiving the No Further Action letter from the DEP in wire transfer U.S. funds or such other method as agreed to by the Parties. In consideration of the price adjustment described above, Buyer agrees to accept the property AS IS, WHERE IS, with all faults and agrees to hold Seller harmless from all liabilities arising from environmental conditions on or arising from the property. 5. All terms and conditions of the Agreement shall remain in full force and effect unless expressly amended herein. Signatories: Amendment to Contract for Purchase of Real Property by City of Clearwater RE: Pinellas County Parcel I.D. 15-29-15-54450-011-0030 and Pinellas County Parcel I.D. 15-29-15-54450-008-0040 and 0060 EXECUTED this _______ day of ________________________, 2011 by Seller. TIMES PUBLISHING COMPANY By: JANA L. JONES ____________________________________ Vice President & CFO Attest: By: _______________________________ APPROVED BY BUYER & EFFECTIVE this _______ day of __________________________, 2011. CITY OF CLEARWATER, FLORIDA Countersigned: ___________________________________ By: __________________________________ Frank V. Hibbard William B. Horne, II Mayor City Manager Approved as to form: Attest: Attachment number 2 Page 2 of 3 Item # 31 Page 3 of 2 ___________________________________ __________________________________ Laura Lipowski Mahony Rosemarie Call Assistant City Attorney City Clerk Attachment number 2 Page 3 of 3 Item # 31 City Council Agenda Council Chambers -City Hall Meeting Date:10/20/2011 SUBJECT /RECOMMENDATION: Approve the Third Amendment to Contract For Purchase of Real Property by the City of Clearwater between the Court Street Enterprises Inc. and Joseph J. Hirschfeld, as Trustee, a Florida Corporation, St. Petersburg, Florida and the City of Clearwater (City), Clearwater, Florida, for City to purchase from Court Street Enterprises Inc. and Joseph J. Hirschfeld, real property described as a portion of Lots 2, 3, 8 and 9, Block 11, Magnolia Park, as recorded in Plat Book 3, Page 43, of the Public Records of Pinellas County, Florida for the sum of $475,000 and authorize appropriate officials to execute same, together with all documentation required to effect closing; and approve the terms and conditions of the amended related temporary occupancy lease between the City and David Allbritton Construction, Inc., David Allbritton, President, who is a principal of Court Street Enterprises Inc., and authorize the appropriate officials to execute same. SUMMARY: The subject property is located at 704 Court Street in the Downtown District of Clearwater. The parcel is approximately 19,368 sq. ft. This property presents an opportunity for the City to acquire a strategically located parcel considered for a number of years as well suited for transit and/or governmental uses. Due to current conditions in the real estate market, the City has been able to reach a mutually acceptable purchase arrangement with Court Street Enterprises Inc. and Joseph J. Hirschfeld, as Trustee, to allow acquisition within designated funds in Penny for Pinellas. The original purchase price of $525,000 was close to the mid-point between two independent appraisals performed on the property and reflects a $27.10/sq. ft. Due to the subsequent finding during due diligence of environmental contamination on the site requiring remediation, the parties have agreed upon a revised purchase price of $475,000. Because David Allbritton, a principal of Court Street Enterprises Inc. has the desire and need to find a relocation site to continue his business operations and an acceptable alternative has not yet been found, a companion lease would allow his company, David Allbritton Construction, Inc. to lease back the property for the statutorily required $1 per annum minimum, triple net, with the City held completely harmless, for up to one year. The economic value of the leasehold, as reflected in the appraisal, was factored into the final purchase price. The amended lease provides the City the right of entry during the lease period for environmental testing/remediation and indemnifies the City from any/all claims due to the existent environmental conditions on the site during the tenant occupancy. Staff recommends approval of the amended Contract for Purchase and Business Lease Contract. Review Approval: 1) Legal 2) Clerk 3) City Manager Cover Memo Item # 32 Page 1 of 2 THIRD AMENDMENT TO CONTRACT FOR PURCHASE OF REAL PROPERTY BY THE CITY OF CLEARWATER, FLORIDA This AMENDMENT to that certain CONTRACT FOR PURCHASE OF REAL PROPERTY BY THE CITY OF CLEARWATER (“Amendment”), is made and entered into this _____ day of October, 2011, by and between COURT STREET ENTERPRISES, INC., a Florida corporation, having its principal place of business at 8 Cambria Street, Suite 303, Clearwater, FL 33767, as to 2/3rds ownership and JOSEPH J. HIRSCHFELD, AS TRUSTEE, as to 1/3rd ownership, whose address is 7105 Pelican Drive, Tampa, FL 33634 (herein “Seller”) and the CITY OF CLEARWATER, FLORIDA, a Florida municipality, 112 South Osceola Avenue, Clearwater, Florida 33756 (herein "Buyer" or "City"), (collectively "Parties"). WITNESSETH: WHEREAS, the Parties have heretofore entered into the Agreement for the sale and purchase of real property as described therein, having been previously amended twice, thereby extending the Buyer Right of Inspection Period to October 29, 2011 and Closing Date to November 8, 2011; and WHEREAS, the Parties agree that environmental conditions revealed during the Buyer’s Right of Inspection Period will result in unforeseen costs to the Buyer following Buyer’s purchase of the Property; and WHEREAS, based on environmental conditions revealed in the course of Buyer’s Inspection, the Parties wish to amend the contract purchase price; and NOW THEREFORE, in consideration of the foregoing and the mutual covenants contained hereinafter, IT IS AGREED AS FOLLOWS: 1. RECITALS. The foregoing recitals are true and correct and are incorporated herein by reference. 2. FULL PURCHASE PRICE. Paragraph 2 is hereby amended and restated in its entirety as follows. “FULL PURCHASE PRICE: ...........................................………………….. $475,000.00” 3. MANNER OF PAYMENT. Paragraph 3 is hereby amended and restated in its entirety as follows. “MANNER OF PAYMENT: Wire transfer in U. S. finds at time of closing . . . . . . . . . . . . . . . . . . . . . . . . . $ 475,000.00” 4. All terms and conditions of the Agreement shall remain in full force and effect unless expressly amended herein. Attachment number 1 Page 1 of 2 Item # 32 C:\Program Files\Neevia.Com\Document Converter\temp\PDFConvert.15605.1.CourtStreetEnterprises-Purchase3rdAmendmentLLM10.19.11.doc Page 2 of 2 Signatories: Third Amendment to Contract For Purchase of Real Property by City of Clearwater RE: Pinellas County Parcel I.D. 15-29-15-54450-011-0020 EXECUTED this _______ day of October, 2011 by Seller. COURT STREET ENTERPRISES, INC By: DAVID ALLBRITTON _________________________________________ President _________________________________________ JOSEPH J. HIRSCHFELD, AS TRUSTEE Attest: By: _______________________________ APPROVED BY BUYER & EFFECTIVE this _______ day of October, 2011. CITY OF CLEARWATER, FLORIDA Countersigned: ___________________________________ By: __________________________________ Frank V. Hibbard William B. Horne, II Mayor City Manager Approved as to form: Attest: ___________________________________ __________________________________ Laura Mahony Rosemarie Call Assistant City Attorney City Clerk Attachment number 1 Page 2 of 2 Item # 32 1 AMENDMENT TO BUSINESS LEASE CONTRACT THIS AMENDMENT TO BUSINESS LEASE CONTRACT (“Amendment”) is made effective this ______ day of _______________________, 2011, by and between the CITY OF CLEARWATER, FLORIDA, a Florida municipality, as “Lessor”, and DAVID ALLBRITTON BUILDING CONTRACTOR, INC., a Florida Corporation, as “Lessee”, (collectively the “Parties”). W I T N E S S E T H: WHEREAS, Court Street Enterprises, Inc., (of which Lessee is a principal) and Lessor entered into that certain Contract for Purchase of Real Property by the City of Clearwater on June 20, 2011 as amended, (“Purchase Contract”) identifying the terms and conditions for the Lessor’s purchase of real property known as Pinellas County Parcel I. D. 15-29-15-54450-011- 0020 (“Property”), said Property intended to be leased-back by Lessee from Lessor; and WHEREAS, Lessor and Lessee entered into that certain Business Lease Contract (“Lease”) dated June 20, 2011, wherein the term of the Lease is set forth as one (1) year; which term shall commence on the day of closing of the Purchase Contract; and WHEREAS, Lessee may choose to occupy a portion of the Property during the lease term and desires to make arrangements with appropriate authorities to pay taxes and utility fees proportionally consistent with the occupied area of the Property; and WHEREAS, environmental contamination has been identified during the Lessor’s Right of Inspection period as provided for in the Purchase contract; and WHEREAS, the Parties now mutually agree to amend said Lease solely with respect to area of occupancy, the payment of taxes and utilities, Lessor’s Right of Entry during the Lease Term to remediate environmental conditions and to provide for a release by Lessee of Lessor as to any claims which may arise during the period of its tenancy as a result of the environmental contamination; NOW THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: 1. Paragraph 3 Use of Premises. This paragraph of the Lease is hereby amended only to the extent of the following, with all other provisions of the paragraph remaining intact. Rather than occupy the entire Leased Premises as defined in the original Lease, Lessee shall occupy a portion of the Leased Premises. At closing of the Purchase Contract, Lessee shall provide a Attachment number 2 Page 1 of 4 Item # 32 2 description demarcating the portion of the property (in square footage and by scaled diagram) to be occupied under the Lease. Lessee shall also identify any and all third party occupants as contemplated in Exhibit “A” of the Lease and identify the square footage and location of such occupancy, if any. Notwithstanding the Lessee’s occupancy of less-than-all of the Leased Premises, Lessee shall make all reasonable efforts to ensure that the unoccupied areas of the Property remain safe and secure. 2. Paragraph 4 Utilities. This paragraph of the Lease is hereby amended to add the following to the end of the paragraph. Lessee shall be solely responsible to make arrangements with local utility providers such that the Property is metered to accommodate the Lessee and third party occupancy, if any, and all costs associated with fulfilling such arrangements will be the sole responsibility of the Lessee. Lessee may, at its discretion, elect to not purchase utility service to portions of the property which are not in use during the Lease term provided, however, that Lessor, in no instance, will be responsible for utility costs to any portion of the building during the Lease Term. Lessee shall be responsible to provide utilities, most importantly, lighting, to assure safe occupancy of the entire Leased Premises. Lessee hereby indemnifies Lessor for utility costs incurred and/or outstanding at expiration or termination of the Lease. 3. Paragraph 5 Taxes. This paragraph of the Lease is hereby amended to add the following to the end of the paragraph. Lessee may, in its discretion, apply to the Pinellas County Property Appraiser’s Office to reduce real property taxes, pro rata, to more accurately represent the portion of the Leased Premises occupied by a non-governmental entity. The Lessor shall cooperate to advise and apply for any applicable exemption from real property as the law allows. However, Lessor makes no representations or warranties as to the property appraiser’s application of, or demand for, real property taxes to the Leased Premises during the Lease Term. Therefore, Lessee shall be fully responsible for and shall pay any and all real property taxes that may be assessed and levied on the Property during the Lease Term. Lessee hereby indemnifies Lessor for taxes incurred and/or outstanding at expiration or termination of the Lease. 4. Paragraph 10 Right of Entry. This paragraph of the Lease is hereby amended only to the extent of the following, with all other provisions of the paragraph remaining intact. The following shall be added to the end of the paragraph. “In the course of Lessor’s Right of Inspection period, environmental conditions were identified which warrant Lessor access to the Leased Premises during the Lease Term. Lessor and Lessee acknowledge and agree that Lessor’s access to the property is necessary in order to address the environmental conditions, such access being a material inducement to Lessor proceeding with the purchase of the property and entering into this agreement. Therefore, in addition to the Lessor’s Right of Entry as set forth above, Lessor reserves the right to enter upon the Leased Premises to conduct activities Attachment number 2 Page 2 of 4 Item # 32 3 consistent with environmental assessment and/or remediation activities as may be determined necessary by Lessor, or recommended or required by appropriate regulatory or permitting authorities. Each of the Parties shall designate a representative to coordinate access and Lessor shall provide notice to Lessee through said representative in order to minimize disruption of Lessee’s peaceful enjoyment. In all instances of entry, Lessor will make its best efforts to minimize interference with Lessee’s occupancy. 5. Paragraph 21 Indemnification. This paragraph of the Lease is hereby amended to add the following to the end of the paragraph. “Release. Lessee and its affiliated companies, consultants, fiduciaries, agents, servants, employees, partners, members, managers, trustees, beneficiaries, representatives, officers, directors, attorneys, guarantors, successors and assigns (collectively and severally, the “Affiliated Entities”) do hereby release and forever discharge Lessor for and from any and all Claims which Lessee ever had, now have, or hereafter can, shall or may have against Lessor for, upon or by reason of any matter, cause or thing whatsoever arising from, accruing during, or otherwise related to environmental conditions existing or hereafter discovered on the Leased Premises, from the inception of this Lease through the date of expiration or termination of this Lease (each a “Released Claim”). Lessee and their respective Affiliated Entities hereby covenant and agree to forever forbear from alleging, asserting, bringing, commencing, instituting, maintaining, prosecuting or otherwise pursuing against Landlord any Released Claim. Lessee and their respective Affiliated Entities further agree that this release may be pleaded by Landlord as a full and complete defense to any Released Claim that may be alleged, asserted, brought, commenced, instituted, maintained, prosecuted or otherwise pursued against Lessor. “Claims” means any and all actions, adjudications, awards, causes of action, claims, costs, damages (including, without limitation, consequential damages), demands, expenses (including, without limitation, attorneys', consultants' and experts' fees and disbursements actually incurred in investigating, defending, settling or prosecuting any claim, litigation or proceeding), fees, fines, forfeitures, injuries, judgments, liabilities, liens, losses, obligations, orders, proceedings, penalties, stop notices and suits of any kind or of any nature whatsoever, including, without limitation, any Claims related to the following: (i) any Release (as defined below), threatened Release, Storage, Treatment, accumulation, generation, utilization, Disposal, transportation or other handling or migration of any Hazardous Substance (as defined below) on, in, onto, or from the Premises; (ii) the violation or alleged violation of Environmental Laws (as defined below) occurring on or related to the Premises; and Attachment number 2 Page 3 of 4 Item # 32 4 The terms "Storage", "Treatment" and "Disposal" shall have the same meanings and definitions as set forth in the Resource Conservation and Recovery Act as amended 42 U.S.C. Â§ 6901 et seq. or regulations promulgated thereunder. This Section shall survive the expiration or termination of the Lease.” 6. Remainder of Lease Unaffected. In all other respects, the remainder of the Lease shall remain in full force and effect. Any portion of the Lease that is inconsistent with this Amendment is hereby amended to be consistent. 7. Headings. The headings contained in this Amendment are for reference purposes only and shall not modify or affect this Amendment in any manner whatsoever. 8. Counterparts. This Amendment may be executed in counterparts, all of which together shall constitute one agreement binding on all the parties hereto. IN WITNESS WHEREOF, Lessor and Lessee have caused this Amendment to be duly executed on the day and year first written above. AS TO LESSEE: David Allbritton Building Contractor, Inc. BY: ____________________________ David Allbritton, President AS TO LESSOR: CITY OF CLEARWATER, FLORIDA Countersigned: ______________________________ ______________________________ Frank V. Hibbard, Mayor William B. Horne II, City Manager Approved as to form: Attest: ___________________________ ___ _____________________________ Laura Mahony, Assistant City Attorney Rosemarie Call, City Clerk Attachment number 2 Page 4 of 4 Item # 32 City Council Agenda Council Chambers -City Hall Meeting Date:10/20/2011 SUBJECT /RECOMMENDATION: City Attorney Evaluation SUMMARY: Review Approval: Cover Memo Item # 33 City Council Agenda Council Chambers -City Hall Meeting Date:10/20/2011 SUBJECT /RECOMMENDATION: City Manager Evaluation SUMMARY: Review Approval: Cover Memo Item # 34 Meeting Date: 10/20/2011 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: National Friends of Libraries Week Proclamation - George Beech, President of the Friends of the Library SUMMARY: Review Approval: Cover Memo Item # 2 Meeting Date: 10/20/2011 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: United Way Month Proclamation - Laura Cameron, the Citys United Way Leadership Executive. SUMMARY: Review Approval: Cover Memo Item # 3 Meeting Date: 10/20/2011 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Approve the minutes of the October 6, 2011 City Council Meeting and the minutes of the September 28, 2011 Special City Council Meeting as submitted in written summation by the City Clerk. SUMMARY: Review Approval: Cover Memo Item # 4 Attachment number 1 Page 1 of 19 Item # 4 Attachment number 1 Page 2 of 19 Item # 4 Attachment number 1 Page 3 of 19 Item # 4 Attachment number 1 Page 4 of 19 Item # 4 Attachment number 1 Page 5 of 19 Item # 4 Attachment number 1 Page 6 of 19 Item # 4 Attachment number 1 Page 7 of 19 Item # 4 Attachment number 1 Page 8 of 19 Item # 4 Attachment number 1 Page 9 of 19 Item # 4 Attachment number 1 Page 10 of 19 Item # 4 Attachment number 1 Page 11 of 19 Item # 4 Attachment number 1 Page 12 of 19 Item # 4 Attachment number 1 Page 13 of 19 Item # 4 Attachment number 1 Page 14 of 19 Item # 4 Attachment number 1 Page 15 of 19 Item # 4 Attachment number 1 Page 16 of 19 Item # 4 Attachment number 1 Page 17 of 19 Item # 4 Attachment number 1 Page 18 of 19 Item # 4 Attachment number 1 Page 19 of 19 Item # 4 Attachment number 2 Page 1 of 8 Item # 4 Attachment number 2 Page 2 of 8 Item # 4 Attachment number 2 Page 3 of 8 Item # 4 Attachment number 2 Page 4 of 8 Item # 4 Attachment number 2 Page 5 of 8 Item # 4 Attachment number 2 Page 6 of 8 Item # 4 Attachment number 2 Page 7 of 8 Item # 4 Attachment number 2 Page 8 of 8 Item # 4 Meeting Date: 10/20/2011 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Approve the annexation, initial Future Land Use Map designation of Residential Low (RL) and initial Zoning Atlas designation of Low Medium Density Residential (LMDR) District for 1310 Parkwood Street (Lot 12, Block A, Pine Ridge in Section 10, Township 29 South, Range 15 East) and Pass Ordinances 8289-11, 8290-11 and 8291-11 on first reading. (ANX2011-08004) SUMMARY: This voluntary annexation petition involves a 0.176-acre property consisting of one parcel of land occupied by a single-family dwelling. It is located on the north side of Parkwood Street approximately 137 feet east of Betty Lane. The applicant is requesting this annexation in order to receive solid waste service from the City. The Planning and Development Department is requesting that the 0.092-acres of abutting right-of-way of Parkwood Street not currently within the City limits also be annexed. The property is contiguous to existing City boundaries to the north, south, east, and west. It is proposed that the property be assigned a Future Land Use Map designation of Residential Low (RL) and a Zoning Atlas designation of Low Medium Density Residential (LMDR). The Planning and Development Department determined that the proposed annexation is consistent with the provisions of Clearwater Community Development Code Section 4-604.E as follows: The property currently receives water and sewer service from the City of Clearwater. Collection of solid waste will be provided by the City. The property is located within Police District II and service will be administered through the district headquarters located at 645 Pierce Street. Fire and emergency medical services will be provided to this property by Station 51 located at 1720 Overbrook Avenue. The City has adequate capacity to serve this property with sanitary sewer, solid waste, police, fire and EMS service. The proposed annexation will not have an adverse effect on public facilities and their levels of service; and The proposed annexation is consistent with and promotes the following objective of the Clearwater Comprehensive Plan: Objective A.6.4 Due to the built-out character of the City of Clearwater, compact urban development within the urban service area shall be promoted through application of the Clearwater Community Development Code. Objective A.7.2 Diversify and expand the Citys tax base through the annexation of a variety of land uses located within the Clearwater Planning Area. Policy A.7.2.3 Continue to process voluntary annexations for single-family residential properties upon request. Cover Memo Item # 5 The proposed Residential Low (RL) Future Land Use Map category is consistent with the current Countywide Plan designation of this property. This designation primarily permits residential uses at a density of 5 units per acre. The proposed zoning district to be assigned to the property is the Low Medium Density Residential (LMDR) District. The use of the subject property is consistent with the uses allowed in the district and the property exceeds the districts minimum dimensional requirements. The proposed annexation is therefore consistent with the Countywide Plan and the Citys Comprehensive Plan and Community Development Code; and The property proposed for annexation is contiguous to existing City boundaries to the north, south, east and west; therefore, the annexation is consistent with Florida Statutes Chapter 171.044. Review Approval: Cover Memo Item # 5 Attachment number 1 Page 1 of 7 PROJECT SITE PARKWOOD ST ^ LOCATION MAP Essie Moody and Tracey Jones, a/k/a ANX2011-08004 Owners: Case: Tracey Pollock Property Size (Acres): 0.176 acres + Site: 1310 Parkwood St. (Acres):0.092 acres ROW Rights-of-way Land Use Zoning PIN: 10-29-15-71694-001-0120 From : RL R3 To: RL LMDR Atlas Page: 269B S:\Planning Department\C D B\Annexations (ANX)\ANX - 2011\ANX2011-08004-1310 Parkwood Street - Moody and Item # 5 Jones\Maps\ANX2011-08004-Location Map.doc Attachment number 1 Page 2 of 7 AERIAL PHOTOGRAPH Essie Moody and Tracey Jones, a/k/a ANX2011-08004 Owners: Case: Tracey Pollock Property Size (Acres): 0.176 acres + Site: 1310 Parkwood St. (Acres):0.092 acres ROW Rights-of-way Land Use Zoning PIN: 10-29-15-71694-001-0120 From : RL R3 To: RL LMDR Atlas Page: 269B S:\Planning Department\C D B\Annexations (ANX)\ANX - 2011\ANX2011-08004-1310 Parkwood Street - Moody and Item # 5 Jones\Maps\ANX2011-08004-Aerial Photograph.doc Attachment number 1 Page 3 of 7 14 A 1731 C(C) 1729 1724 12 1709 181716 1705 2 24 43/041 24 43/042 18 15 1311 1710 1707 4 1 8 3 1 1703 1314 1322 13181326 1625 1530 1240 1620 1239 1619 1235 1232 1616 1615 1612 1608 1613 B 1601 1604 13171321 1313 71694 6906 1501 C PROPOSED ANNEXATION MAP Essie Moody and Tracey Jones, a/k/a ANX2011-08004 Owners: Case: Tracey Pollock Property Size (Acres): 0.176 acres + Site: 1310 Parkwood St. (Acres):0.092 acres ROW Rights-of-way Land Use Zoning PIN: 10-29-15-71694-001-0120 From : RL R3 To: RL LMDR Atlas Page: 269B S:\Planning Department\C D B\Annexations (ANX)\ANX - 2011\ANX2011-08004-1310 Parkwood Street - Moody and Item # 5 Jones\Maps\ANX2011-08004-Proposed Annexation Map.doc Attachment number 1 Page 4 of 7 CGRU RU RU CG RU RU CG RL RU RU RU RL RL RL RL RL RL RL RL RU RU RU RU RL RL RU RU RL RL CG WATER P T/UCGCGRURL FUTURE LAND USE MAP Essie Moody and Tracey Jones, a/k/a ANX2011-08004 Owners: Case: Tracey Pollock Property Size (Acres): 0.176 acres + Site: 1310 Parkwood St. (Acres):0.092 acres ROW Rights-of-way Land Use Zoning PIN: 10-29-15-71694-001-0120 From : RL R3 To: RL LMDR Atlas Page: 269B S:\Planning Department\C D B\Annexations (ANX)\ANX - 2011\ANX2011-08004-1310 Parkwood Street - Moody and Item # 5 Jones\Maps\ANX2011-08004-Future Land Use Map.doc Attachment number 1 Page 5 of 7 LMDR LMDR C LMDR LMDR ZONING MAP Essie Moody and Tracey Jones, a/k/a ANX2011-08004 Owners: Case: Tracey Pollock Property Size (Acres): 0.176 acres + Site: 1310 Parkwood St. (Acres):0.092 acres ROW Rights-of-way Land Use Zoning PIN: 10-29-15-71694-001-0120 From : RL R3 To: RL LMDR Atlas Page: 269B S:\Planning Department\C D B\Annexations (ANX)\ANX - 2011\ANX2011-08004-1310 Parkwood Street - Moody and Item # 5 Jones\Maps\ANX2011-08004 Zoning Map.doc Attachment number 1 Page 6 of 7 14 A 1731 C(C) 1729 1724 12 1709 181716 Single Family Residential 1705 2 24 43/041 24 43/042 18 15 1311 1710 1707 4 1 8 3 1 1703 Fire Station 1314 1322 13181326 1625 1530 Single Family Residential 1240 1620 1239 1619 1235 1232 1616 1615 1612 1608 1613 B 1601 1604 Single Family Residential 13171321 1313 71694 6906 1501 C EXISTING SURROUNDING USES MAP Essie Moody and Tracey Jones, a/k/a ANX2011-08004 Owners: Case: Tracey Pollock Property Size (Acres): 0.176 acres + Site: 1310 Parkwood St. (Acres):0.092 acres ROW Rights-of-way Land Use Zoning PIN: 10-29-15-71694-001-0120 From : RL R3 To: RL LMDR Atlas Page: 269B S:\Planning Department\C D B\Annexations (ANX)\ANX - 2011\ANX2011-08004-1310 Parkwood Street - Moody and Item # 5 Jones\Maps\ANX2011-08004-Existing Surrounding Uses Map.doc Attachment number 1 Page 7 of 7 View looking north at the subject property, 1310 ParkwoodStreetrty View looking east along ParkwoodStreetView looking west along Pa West of the subject propertySouth of the subject property ANX2011-08004 Moody, Essie and Jones/Pollock, Tracey Item # 5 1310 ParkwoodStreet Attachment number 2 Page 1 of 3 ORDINANCE NO. 8289-11 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, ANNEXING CERTAIN REAL PROPERTY LOCATED ON THE NORTH SIDE OF PARKWOOD STREET AND APPROXIMATELY 137 FEET EAST OF BETTY LANE, CONSISTING OF LOT 12, BLOCK A, PINE RIDGE, WHOSE POST OFFICE ADDRESS IS 1310 PARKWOOD STREET, TOGETHER WITH THE ABUTTING RIGHT OF WAY OF PARKWOOD STREET, INTO THE CORPORATE LIMITS OF THE CITY, AND REDEFINING THE BOUNDARY LINES OF THE CITY TO INCLUDE SAID ADDITION; PROVIDING AN EFFECTIVE DATE. WHEREAS, the owner of the real 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 12, Block A, Pine Ridge according to the Plat thereof, recorded in Plat Book 28, Page 98, Public Records of Pinellas County, Florida, together with the abutting right-of-way of Parkwood Street. (ANX2011-08004) The map or maps attached as Exhibit(s) A are hereby incorporated by reference. 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. Item # 5 Ordinance No. 8289-11 Attachment number 2 Page 2 of 3 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 Rosemarie Call Assistant City Attorney City Clerk Item # 5 Ordinance No. 8289-11 Attachment number 2 Page 3 of 3 Item # 5 Attachment number 3 Page 1 of 3 ORDINANCE NO. 8290-11 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE FUTURE LAND USE PLAN ELEMENT OF THE COMPREHENSIVE PLAN OF THE CITY, TO DESIGNATE THE LAND USE FOR CERTAIN REAL PROPERTY LOCATED ON THE NORTH SIDE OF PARKWOOD STREET AND APPROXIMATELY 137 FEET EAST OF BETTY LANE, CONSISTING OF LOT 12, BLOCK A, PINE RIDGE, TOGETHER WITH THE ABUTTING RIGHT OF WAY OF PARKWOOD STREET, WHOSE POST OFFICE ADDRESS IS 1310 PARKWOOD STREET, 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 12, Block A, Pine Ridge Residential Low (RL) according to the Plat thereof, recorded in Plat Book 28, Page 98, Public Records of Pinellas County, Florida, together with the abutting right-of-way of Parkwood Street (ANX2011-08004) The map or maps attached as Exhibit A is hereby incorporated by reference. Section 2. The City Council does hereby certify that this ordinance is consistent with the Citys comprehensive plan. Section 3. This ordinance shall take effect immediately upon adoption, contingent upon and subject to the adoption of Ordinance No. 8289-11. PASSED ON FIRST READING _____________________ Item # 5 Ordinance No. 8290-11 Attachment number 3 Page 2 of 3 PASSED ON SECOND AND FINAL _____________________ READING AND ADOPTED __________________________ Frank V. Hibbard Mayor Approved as to form: Attest: __________________________ __________________________ Leslie K. Dougall-Sides Rosemarie Call Assistant City Attorney City Clerk Item # 5 Ordinance No. 8290-11 Attachment number 3 Page 3 of 3 Item # 5 Attachment number 4 Page 1 of 3 ORDINANCE NO. 8291-11 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY BY ZONING CERTAIN REAL PROPERTY LOCATED ON THE NORTH SIDE PARKWOOD STREET AND APPROXIMATELY 137 FEET EAST OF BETTY LANE, CONSISTING OF LOT 12, BLOCK A, PINE RIDGE, TOGETHER WITH THE ABUTTING RIGHT OF WAY OF PARKWOOD STREET, WHOSE POST OFFICE ADDRESS IS 1310 PARKWOOD STREET, 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 12, Block A, Pine Ridge Low Medium Density Residential (LMDR) according to the Plat thereof, recorded in Plat Book 28, Page 98, Public Records of Pinellas County, Florida, together with the abutting right-of-way of Parkwood Street (ANX2011-08004) The map attached as Exhibit A is hereby incorporated by reference. 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. 8289-11. PASSED ON FIRST READING ___________________________ PASSED ON SECOND AND FINAL ___________________________ Item # 5 Ordinance No. 8291-11 Attachment number 4 Page 2 of 3 READING AND ADOPTED _______________________________ Frank V. Hibbard Mayor Approved as to form: Attest: __________________________ ______________________________ Leslie K. Dougall-Sides Rosemarie Call Assistant City Attorney City Clerk Item # 5 Ordinance No. 8291-11 Attachment number 4 Page 3 of 3 Item # 5 Meeting Date: 10/20/2011 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Request the Pinellas County Board of County Commissioners to extend the existing ambulance services agreement with Paramedics Plus, LLC for no more than one year and adopt Resolution 11-24. SUMMARY: Review Approval:1) Office of Management and Budget 2) Clerk Cover Memo Item # 6 Attachment number 1 Page 1 of 2 Item # 6 Attachment number 1 Page 2 of 2 Item # 6 Attachment number 2 Page 1 of 4 Item # 6 Attachment number 2 Page 2 of 4 Item # 6 Attachment number 2 Page 3 of 4 Item # 6 Attachment number 2 Page 4 of 4 Item # 6 Meeting Date: 10/20/2011 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Adopt Ordinance 8281-11 on second reading, amending the future land use element of the Comprehensive Plan of the city to change the land use designation for certain real property whose post office address is 1020 North Hercules Avenue, from Transportation/Utility (T/U) to Industrial Limited (IL). SUMMARY: Review Approval: Cover Memo Item # 7 Attachment number 1 Page 1 of 2 Item # 7 Attachment number 1 Page 2 of 2 Item # 7 Attachment number 2 Page 1 of 1 Item # 7 Meeting Date: 10/20/2011 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Adopt Ordinance 8282-11 on second reading, amending the Zoning Atlas of the city by rezoning for certain real property whose post office address is 1020 North Hercules Avenue, from Institutional (I) to Industrial, Research and Technology (IRT). SUMMARY: Review Approval: Cover Memo Item # 8 Attachment number 1 Page 1 of 1 Item # 8 Attachment number 2 Page 1 of 1 Item # 8 Meeting Date: 10/20/2011 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Adopt Ordinance 8292-11 on second reading, modifying provisions of Chapter 33, Waterways and Vessels, Clearwater Code of Ordinances, regulating vessel operation within the Clearwater Harbor Marina boat slips. SUMMARY: Review Approval: Cover Memo Item # 9 Attachment number 1 Page 1 of 1 Item # 9 10/20/2011 Meeting Date: City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Award contracts (blanket purchase orders) to Baker and Taylor, Atlanta, GA - $230,000; Ingram Library Services, Atlanta, GA - $175,000; and Midwest Tape, Holland, OH - $65,000 for the purchase of library books and other materials for the contract period October 1, 2011 through September 30, 2012, and authorize the appropriate officials to execute same. (consent) SUMMARY: Blanket Purchase Orders for Baker and Taylor, Ingram, and Midwest Tape are for the acquisition of books and audio visual materials. The purchase orders will be used for numerous small dollar purchases. Each order will be shopped for best price and availability. Capital expenditure Type: YesNone Current Year Budget?:Budget Adjustment: Budget Adjustment Comments: $470,000$470,000 Current Year Cost:Annual Operating Cost: $470,000 Not to Exceed:Total Cost: 2011 to 2012 For Fiscal Year: Appropriation CodeAmountAppropriation Comment 0315-93527-564400-571-000-$470,000 0000 No Bid Required?:Bid Number: Impractical Other Bid / Contract:Bid Exceptions: to Bid Review Approval: Cover Memo Item # 10 10/20/2011 Meeting Date: City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Approve an agreement with CSX Transportation, Inc., (CSXT) to provide engineering services for the future crossings of the trail located on the south side of Lakeview Road and authorize the appropriate officials to execute same. (consent) SUMMARY: The preliminary engineering is underway for the Lake Belleview Trail that will connect Ed Wright Park, and the future Lake Belleview Trail to the Pinellas Trail along the south side of Lakeview Road. This project is identified in both the Citys Trails Plan, Shifting Gears, and the Pinellas County Metropolitan Planning Organizations Trails Plan. The trail connection on Lakeview Road crosses a CSXT railway line. In accordance with CSXT requirements, the City is required to enter into an agreement to obtain permitting for the crossing of the railroad tracks at Lakeview Road. The agreement will provide preparation or review of engineering and design plans, the preparation of cost estimates pertaining to the work performed by CSXT, and the review of any site documentation including construction documents. It is a reimbursable contract with an estimated financial impact of $6,500. It will be funded by CIP 315-93272. Capital expenditure Type: YesNone Current Year Budget?:Budget Adjustment: Budget Adjustment Comments: $6,500-0- Current Year Cost:Annual Operating Cost: $6,500$6,500 Not to Exceed:Total Cost: 2011 to 2012 For Fiscal Year: Appropriation CodeAmountAppropriation Comment 315-93272 $6,500 Review Approval: Cover Memo Item # 11 Attachment number 1 Page 1 of 7 Item # 11 Attachment number 1 Page 2 of 7 Item # 11 Attachment number 1 Page 3 of 7 Item # 11 Attachment number 1 Page 4 of 7 Item # 11 Attachment number 1 Page 5 of 7 Item # 11 Attachment number 1 Page 6 of 7 Item # 11 Attachment number 1 Page 7 of 7 Item # 11 10/20/2011 Meeting Date: City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Approve a one-year renewal of Blanket Purchase Order BR 506827 with Grosz Stamper Inc. of Tampa, FL, in the amount of $200,000 for the purchase of labor, materials and equipment to perform various concrete projects including sidewalks, slabs, and curbs for a variety of parks and recreation maintenance and construction projects and authorize the appropriate officials to execute same. (consent) SUMMARY: Capital expenditure Type: YesNo Current Year Budget?:Budget Adjustment: Budget Adjustment Comments: $200,000$200,000 Current Year Cost:Annual Operating Cost: $200,000$200,000 Not to Exceed:Total Cost: 2011 to 2012 For Fiscal Year: Appropriation CodeAmountAppropriation Comment various codes $200,000 Cover Memo Yes24-10 Bid Required?:Bid Number: Item # 12 None Other Bid / Contract:Bid Exceptions: Review Approval: 10/20/2011 Meeting Date: City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Award a contract (purchase order) to Restocon Corp. of Tampa, Florida, Bid 09-0011-PR-C for the concrete repair of the exterior columns, walkways and stairs at the Long Center located at 1501 N. Belcher Road, which includes a 10% contingency; for a net sum of $195,470.00 and approve the transfer of $32,459.08 from Long Center Infrastructure Repairs CIP 315-93278 to Aging Well Center budget CIP 315-93615 at first quarter and amend the project scope of the Aging Well Center project to include the entire Long Center for the purpose of the concrete repair of the exterior columns, walkways and stairs; and authorize the appropriate officials to execute same. (consent) SUMMARY: On August 21, 2003 the City Commission approved a five-year agreement from October 1, 2003 September 30, 2008, with five, five-year renewable options, between the City of Clearwater and the Pinellas Community Center Inc., for the management and maintenance of the Long Center. This work is needed to repair structural damage to the columns, walkways and stairs at the Center. Prior to the City taking over the management and maintenance of the Long Center, the Pinellas Community Center Inc. made repairs to the columns. Unfortunately these repairs were not sufficient to take care of a spalling problem with the columns and we are now seeing visible signs of the cracking and spalling of concrete on and around the columns. The City hired structural engineers, McCarthy and Associates Inc. to evaluate the condition of the columns and make recommendations concerning the timing of repairs and specifications to correct the deficiencies. The study revealed that 28 of the columns were in need of repairs within the next 12 to 18 months and the remaining 34 columns needed attention within the next 2 to 6 years. Additionally repairs to joints in the stairs, beams and walkways are needed within 12 months. It is more cost effective to do all of this work at once rather than break it out over several projects and several years. This contract includes concrete repairs of all damaged exterior columns, plus all miscellaneous items including stair joint repairs, beam and walkway repairs. Also, a thicker new limestone finish will be installed on all columns. Staff is recommending that the balance of funds ($163,010.92) in the Aging Well Center budget 315-93615 be used for this project, since the original scope of the project was not only to construct the Aging Well Center but also to perform major capital maintenance at the Long Center including air conditioning & roofing. The project fits the scope in that this is a major capital maintenance project. Also, staff is recommending that $32,459.08 from the Long Center Infrastructure Repairs CIP 315-93278 be transferred to this budget at first quarter. Capital expenditure Type: YesNone Current Year Budget?:Budget Adjustment: Budget Adjustment Comments: $195,470.00 Current Year Cost:Annual Operating Cost: $195,470.00$195,470.00 Not to Exceed:Total Cost: 2011 to 2012 For Fiscal Year: Appropriation CodeAmountAppropriation Comment Cover Memo 315-93278 $32,459.08Long Center Infrastructure Repairs Item # 13 315-93615 $163,010.92Aging Well Center 09-0011- Yes Bid Required?:Bid Number: PR-C None Other Bid / Contract:Bid Exceptions: Review Approval: Cover Memo Item # 13 Attachment number 2 Page 1 of 16 Item # 13 Attachment number 2 Page 2 of 16 Item # 13 Attachment number 2 Page 3 of 16 Item # 13 Attachment number 2 Page 4 of 16 Item # 13 Attachment number 2 Page 5 of 16 Item # 13 Attachment number 2 Page 6 of 16 Item # 13 Attachment number 2 Page 7 of 16 Item # 13 Attachment number 2 Page 8 of 16 Item # 13 Attachment number 2 Page 9 of 16 Item # 13 Attachment number 2 Page 10 of 16 Item # 13 Attachment number 2 Page 11 of 16 Item # 13 Attachment number 2 Page 12 of 16 Item # 13 Attachment number 2 Page 13 of 16 Item # 13 Attachment number 2 Page 14 of 16 Item # 13 Attachment number 2 Page 15 of 16 Item # 13 Attachment number 2 Page 16 of 16 Item # 13 10/20/2011 Meeting Date: City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Ratify and confirm the City Managers approval to support Make a Difference Fishing Tournament by waiving the loss of parking revenue in the amount of $3,350. (consent) SUMMARY: Review Approval: Cover Memo Item # 14 Meeting Date: 10/20/2011 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Approve a Model Agreement for Commission of Public Artwork to be utilized for commissions of public artwork under the provisions of Ordinance 7489-05, as amended, and through the procedures of the Public Art and Design Program, and authorize the City Manager and/or his designee to approve such agreements. (consent) SUMMARY: Review Approval: Cover Memo Item # 15 Attachment number 1 Page 1 of 33 Item # 15 Attachment number 1 Page 2 of 33 Item # 15 Attachment number 1 Page 3 of 33 Item # 15 Attachment number 1 Page 4 of 33 Item # 15 Attachment number 1 Page 5 of 33 Item # 15 Attachment number 1 Page 6 of 33 Item # 15 Attachment number 1 Page 7 of 33 Item # 15 Attachment number 1 Page 8 of 33 Item # 15 Attachment number 1 Page 9 of 33 Item # 15 Attachment number 1 Page 10 of 33 Item # 15 Attachment number 1 Page 11 of 33 Item # 15 Attachment number 1 Page 12 of 33 Item # 15 Attachment number 1 Page 13 of 33 Item # 15 Attachment number 1 Page 14 of 33 Item # 15 Attachment number 1 Page 15 of 33 Item # 15 Attachment number 1 Page 16 of 33 Item # 15 Attachment number 1 Page 17 of 33 Item # 15 Attachment number 1 Page 18 of 33 Item # 15 Attachment number 1 Page 19 of 33 Item # 15 Attachment number 1 Page 20 of 33 Item # 15 Attachment number 1 Page 21 of 33 Item # 15 Attachment number 1 Page 22 of 33 Item # 15 Attachment number 1 Page 23 of 33 Item # 15 Attachment number 1 Page 24 of 33 Item # 15 Attachment number 1 Page 25 of 33 Item # 15 Attachment number 1 Page 26 of 33 Item # 15 Attachment number 1 Page 27 of 33 Item # 15 Attachment number 1 Page 28 of 33 Item # 15 Attachment number 1 Page 29 of 33 Item # 15 Attachment number 1 Page 30 of 33 Item # 15 Attachment number 1 Page 31 of 33 Item # 15 Attachment number 1 Page 32 of 33 Item # 15 Attachment number 1 Page 33 of 33 Item # 15 10/20/2011 Meeting Date: City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Approve the proposed sculpture collection for Sculpture360: Season IV Art in the Cleveland Street District. (consent) SUMMARY: Capital expenditure Type: YesNone Current Year Budget?:Budget Adjustment: Budget Adjustment Comments: $3,000-0- Current Year Cost:Annual Operating Cost: $3,000$3,000 Not to Exceed:Total Cost: 2011 to 2012 For Fiscal Year: Cover Memo Appropriation CodeAmountAppropriation Comment Item # 16 325-93608 $3,000 Review Approval: Attachment number 1 Page 1 of 4 Item # 16 Attachment number 1 Page 2 of 4 Item # 16 Attachment number 1 Page 3 of 4 Item # 16 Attachment number 1 Page 4 of 4 Item # 16 10/20/2011 Meeting Date: City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Approve acceptance of a Florida Department of Law Enforcement /Bureau of Justice Assistance Countywide Justice Assistance Grant (JAG) in the amount of $30,000 to fund the purchase of 112 digital cameras and carrying cases and authorize the appropriate officials to execute same. (consent) SUMMARY: On July 6, 2011, the Resource Management Committee approved the submission of a JAG application by the Clearwater Police Department (CPD) to the Florida Department of Law Enforcement (FDLE)/Bureau of Justice Assistance (BJA) for the purchase of 112 digital cameras and carrying cases. On September 12, 2011, CPD received notification that it had been awarded FDLE/BJA funding in the amount of $30,000. Purchase of the grant-funded cameras/carrying cases will allow CPD to implement a Patrol Camera Program that will involve the issuance of a digital camera to all patrol officers, patrol corporals, and civilian Traffic Support Team members (Police Service Technicians). Implementation of this program will result in efficiencies by allowing the investigating field personnel, with minimal training, to obtain photographs while at the scene of an active investigation, instead of waiting for a secondary officer to attend to a single, limited facet of the investigation. CPD anticipates that, as a result, the Department will realize an increase in the number of scenes at which an officer will elect to obtain photographs. Specifically, deployment of individual cameras will aid in obtaining photographs where required by law, such as domestic violence investigations, child abuse investigations, and during incidents which, in the past, may have been deemed too insignificant to warrant calling in a Team Photographer. As an added benefit to the Department, this will allow our current Team Photographers to assume the full responsibilities of a patrol officer and focus on higher priority incidents, neighborhood policing, and problem solving. Utilization of the Patrol Camera Program will also allow officers to submit photographs directly to the Departments Records Management System (RMS ACISS) through a secure download process. This will provide CPDs Criminal Investigations Division and other investigative personnel with virtual real-time access to the photographs obtained by field personnel directly within the ACISS system, as opposed to a secondary database. It will also eliminate the need to collect and transport memory cards from the Team Photographers. Additionally, the Patrol Camera Program will allow for the efficient utilization of Crime Scene Technicians by eliminating instances in which they are called upon simply to obtain photographs. Deployment of individual digital cameras will provide greater access to, and utilization of, available facial recognition programs, thereby improving Department efficiency, officer safety, and public safety. st Special Project 181-99251, Patrol Camera Program, will be established at 1 Quarter to account for the grant expenditures. There is no match required for this grant and no additional FTEs (Full Time Equivalent) associated with this project. Cover Memo Appropriation CodeAmountAppropriation Comment Item # 17 181-99251 $30,000.00Special Project Code, Patrol Camera Program, will be established at 1st Quarter. Review Approval: Attachment number 1 Page 1 of 32 Item # 17 Attachment number 1 Page 2 of 32 Item # 17 Attachment number 1 Page 3 of 32 Item # 17 Attachment number 1 Page 4 of 32 Item # 17 Attachment number 1 Page 5 of 32 Item # 17 Attachment number 1 Page 6 of 32 Item # 17 Attachment number 1 Page 7 of 32 Item # 17 Attachment number 1 Page 8 of 32 Item # 17 Attachment number 1 Page 9 of 32 Item # 17 Attachment number 1 Page 10 of 32 Item # 17 Attachment number 1 Page 11 of 32 Item # 17 Attachment number 1 Page 12 of 32 Item # 17 Attachment number 1 Page 13 of 32 Item # 17 Attachment number 1 Page 14 of 32 Item # 17 Attachment number 1 Page 15 of 32 Item # 17 Attachment number 1 Page 16 of 32 Item # 17 Attachment number 1 Page 17 of 32 Item # 17 Attachment number 1 Page 18 of 32 Item # 17 Attachment number 1 Page 19 of 32 Item # 17 Attachment number 1 Page 20 of 32 Item # 17 Attachment number 1 Page 21 of 32 Item # 17 Attachment number 1 Page 22 of 32 Item # 17 Attachment number 1 Page 23 of 32 Item # 17 Attachment number 1 Page 24 of 32 Item # 17 Attachment number 1 Page 25 of 32 Item # 17 Attachment number 1 Page 26 of 32 Item # 17 Attachment number 1 Page 27 of 32 Item # 17 Attachment number 1 Page 28 of 32 Item # 17 Attachment number 1 Page 29 of 32 Item # 17 Attachment number 1 Page 30 of 32 Item # 17 Attachment number 1 Page 31 of 32 Item # 17 Attachment number 1 Page 32 of 32 Item # 17 10/20/2011 Meeting Date: City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Award a contract (purchase order) to Adkins Contracting, Inc, of Ruskin, Florida, in the amount of $538,012.84 for the removal and replacement of under drains and all associated and incidental work including restoration at locations throughout the City of Clearwater, and authorize the appropriate officials to execute same. (consent) SUMMARY: Based upon field investigation and evaluation, it is necessary to remove and replace over five thousand (5000) linear feet of existing under drain systems to control groundwater adjacent to City streets over the next twelve (12) months. These existing systems are deteriorated and near the end of their life cycle. This is a Unit Price Contract. The estimated quantities of items of Unit Price Work are not guaranteed and are solely for the purpose of comparison of Bids and determining an initial Contract Price. Eleven bids were received on this project, however due to significant errors in their bid tabulation, Sunshine Pipe withdrew their bid. Accordingly, it is recommended that the contract be awarded to Adkins Contracting, Inc. at $538,012.84. This is the second lowest bid and less than the engineers estimate. The Contractor will be directed to high priority and high-risk areas as established by engineering review of existing inspection reports, maintenance records, and field visits. The contract also allows for emergency repair work to be performed at the unit prices included in the contract. The City of Clearwaters Stormwater Maintenance Division is responsible for operating, inspecting, and maintaining the under drain systems. The Streets and Sidewalks Division is responsible for maintaining the sidewalks, curbs, and gutters. Installation of new under drain will reduce the frequency of maintenance requests for wet sidewalks and curbs due to groundwater seepage for both divisions. Sufficient budget is available in Capital Improvement Program project 0315-92273, Streets and Sidewalks to fund the construction in the amount of $538,012.84. Capital expenditure Type: YesNo Current Year Budget?:Budget Adjustment: Budget Adjustment Comments: See summary $538,012.84 Current Year Cost:Annual Operating Cost: $538,012.84$538,012.84 Not to Exceed:Total Cost: 2011 to 2012 For Fiscal Year: Appropriation CodeAmountAppropriation Comment 0315-92273-563700-541-000-$538,012.84See summary 0000 Yes10-0016-EN Bid Required?:Bid Number: Cover Memo None Other Bid / Contract:Bid Exceptions: Item # 18 Review Approval: Attachment number 2 Page 1 of 17 Item # 18 Attachment number 2 Page 2 of 17 Item # 18 Attachment number 2 Page 3 of 17 Item # 18 Attachment number 2 Page 4 of 17 Item # 18 Attachment number 2 Page 5 of 17 Item # 18 Attachment number 2 Page 6 of 17 Item # 18 Attachment number 2 Page 7 of 17 Item # 18 Attachment number 2 Page 8 of 17 Item # 18 Attachment number 2 Page 9 of 17 Item # 18 Attachment number 2 Page 10 of 17 Item # 18 Attachment number 2 Page 11 of 17 Item # 18 Attachment number 2 Page 12 of 17 Item # 18 Attachment number 2 Page 13 of 17 Item # 18 Attachment number 2 Page 14 of 17 Item # 18 Attachment number 2 Page 15 of 17 Item # 18 Attachment number 2 Page 16 of 17 Item # 18 Attachment number 2 Page 17 of 17 Item # 18 10/20/2011 Meeting Date: City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Award a contract (purchase order) to Andrew Site Work, Inc. of Bonita Springs, Florida for the construction of the Greenlea East- West Reclaimed Water Interconnect Project in the amount of $1,476,918.69, which is the lowest responsible bid in accordance with plans and specifications, and authorize the appropriate officials to execute same. (consent) SUMMARY: Construction is for the installation of a reclaimed water (RCW) transmission main along Overbrook Road, Betty Lane, Sandy Lane, Kings Highway, and Greenlea Drive from Douglas Avenue to Keene Road; along Keene Road from the CSX railroad right-of-way (ROW) to Union Street; and along Montclair Road from Keene Road to Hercules Avenue. Due to low construction costs the City is experiencing in constructing/installing reclaimed water (RCW) pipelines in the City, amendments to the Southwest Florida Water Management District (SWFWMD) Cooperative Funding Agreements were approved to expand the areas from the original scope. On November 4, 2010, City Council approved a Cooperative Funding Agreement between the City and SWFWMD which includes reimbursement of up to 50% of the cost of construction of this reclaimed water project up to a maximum of $738,459.34. The goal of this and all other reclaimed water projects is to reduce the amount of potable water and groundwater being used for irrigation and other non-potable uses. In addition, expansion of the Reclaimed Water Distribution System in accordance with Reclaimed Water Master Plan brings the City of Clearwater closer to achieving zero-discharge of effluent to Tampa Bay and adjacent surface waters. The project was competitively bid and Andrew Site Work, Inc. was the lowest responsible bidder for a proposed fee of $1,476,918.69. Construction, Engineering, and Inspection (CEI) services during the construction period will be completed by URS, Inc. (EOR), which includes daily on-site construction inspection, engineering assistance with onsite observations and interpretations, review of shop drawings, attending meetings, and providing record drawings. The contract period for construction is 210 consecutive calendar days estimated to start in November 2011 and finish in June 2012. The Public Utilities Department shall own and maintain the proposed improvements included in this contract. A first quarter amendment will increase budget only in Capital Improvement Program project 0315-96739, Reclaimed Water Distribution of Other Governmental Revenues (337900) for SWFWMD's share of the project in the amount of $738,459.34. Cover Memo Sufficient budget is available in Sewer Revenue in 0315-96739, Reclaimed Water Distribution in the amount of $738,459.35 to provide total funding in the amount of $1,476,916.69 to fund this contract.Item # 19 Capital expenditure Type: NoYes Current Year Budget?:Budget Adjustment: Budget Adjustment Comments: See summary $1,476,918.69 Current Year Cost:Annual Operating Cost: $1,476,918.69$1,476,918.69 Not to Exceed:Total Cost: 2011 to 2012 For Fiscal Year: Appropriation CodeAmountAppropriation Comment 0315-96739-563800-533-$1,476,918.69See summary 000-0000 Yes10-0038-UT Bid Required?:Bid Number: None Other Bid / Contract:Bid Exceptions: Review Approval: Cover Memo Item # 19 Attachment number 2 Page 1 of 16 Item # 19 Attachment number 2 Page 2 of 16 Item # 19 Attachment number 2 Page 3 of 16 Item # 19 Attachment number 2 Page 4 of 16 Item # 19 Attachment number 2 Page 5 of 16 Item # 19 Attachment number 2 Page 6 of 16 Item # 19 Attachment number 2 Page 7 of 16 Item # 19 Attachment number 2 Page 8 of 16 Item # 19 Attachment number 2 Page 9 of 16 Item # 19 Attachment number 2 Page 10 of 16 Item # 19 Attachment number 2 Page 11 of 16 Item # 19 Attachment number 2 Page 12 of 16 Item # 19 Attachment number 2 Page 13 of 16 Item # 19 Attachment number 2 Page 14 of 16 Item # 19 Attachment number 2 Page 15 of 16 Item # 19 Attachment number 2 Page 16 of 16 Item # 19 Attachment number 3 Page 1 of 2 Item # 19 Attachment number 3 Page 2 of 2 Item # 19 10/20/2011 Meeting Date: City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Approve work orders to Tetra Tech, Inc of Tampa, FL in the amount of $1,584,500 for engineering services and Legette, Brashears and Graham of Tampa, FL in the amount of $1,154,000 for hydrogeologic services associated with the City of Clearwater Groundwater Replenishment Project Pilot and Testing Phase, for total costs of $2,738,500; approve a Cooperative Funding Agreement with the Southwest Florida Water Management District (SWFWMD), which provides reimbursement of project costs up to $1,536,250, and authorize the appropriate officials to execute same. (consent) SUMMARY: This agenda item provides for engineering and hydrogeologic services associated with the Groundwater Replenishment Project Pilot and Testing Phase. The feasibility study (phase 1) of this project was completed in March 2011. This phase will test critical portions of the future project to determine whether the full-scale system will meet all criteria associated with permitting and regulatory standards. This phase 2 work is a two-year effort. The goal of this project would ultimately be to utilize effluent from the Northeast Water Reclamation Facility to replenish the groundwater aquifer. The water would be highly treated through a water purification plant with multiple safety barriers to remove all contaminants before introduction to the groundwater aquifer. The benefits would be two- fold, in that the City would reduce its discharge of effluent to Tampa Bay and also enhance the groundwater levels in the Floridan Aquifer. The scope of work under the Tetra Tech work order will focus on design and permitting of a pilot purification plant consisting of pretreatment, membrane, advanced oxidation, oxygen removal, and purified water stabilization. A pilot scale treatment plant will be built and operated for a period of one year. A recharge treatment system will treat the source water (expected to be potable water), for a six (6) month recharge test. The recharge treatment system is expected to consist of a packaged membrane contactor for dissolved oxygen removal and some supplemental chemical feed systems for pH adjustment and chlorine removal. Hydraulic testing by LBG of the test/exploratory recharge well will confirm the target recharge capacity of the well and capacity of the recharge test water treatment system. LBG will be responsible for design, permitting and construction oversight of the test injection wells and monitoring wells. The schedule is multi-year with anticipated start of October 31, 2011 and completion by February 28, 2014. Tetra Tech and LBG are both Engineers-of-Record for the City of Clearwater, and these work orders were negotiated in accordance with the Consultants Competitive Negotiations Act. The Cooperative Funding Agreement between the City and SWFWMD includes reimbursement of up to 50% of the cost of design, permitting and construction costs for the pilot water purification plant and test injection wells up to a maximum of $1,536,250. There is no cost associated with accepting the Cooperative Funding Agreement. Future phases are dependent upon the success or failure of this test and pilot phase. If determined to be successful and the City desires to move forward with subsequent phases, the total remaining project budget is $25,507,500 and the City would continue to seek cooperative funding from SWFWMD. First quarter amendments will increase budget only in Capital Improvement Program project 0315-96773, Groundwater Replenishment Project Phase 2 of Other Governmental Revenues (337900) for SWFWMD's share of the project in the amount of $1,369,250.00 and transfer $768,140.00 Sewer Revenue (388420) from 0315-96665, Sanitary Sewer R and R to 0315-96773, Groundwater Replenishment Facility. Sufficient budget is available in Water Revenue 0315-96773, Groundwater Replenishment in the amount of $601,110.00 to fund the remaining balance of these work orders in the amount of $2,738,500.00. Cover Memo Item # 20 Capital expenditure Type: NoYes Current Year Budget?:Budget Adjustment: Budget Adjustment Comments: See summary $2,738,500 Current Year Cost:Annual Operating Cost: $2,738,500 $2,738,500 Not to Exceed:Total Cost: 2011 to 2012 For Fiscal Year: Appropriation CodeAmountAppropriation Comment 0315-96773-561300-535-000-$1,584,500See summary 0000 0315-96773-561300-535-000-$1,154,000See summary 0000 Review Approval: Cover Memo Item # 20 Attachment number 1 Page 1 of 21 Item # 20 Attachment number 1 Page 2 of 21 Item # 20 Attachment number 1 Page 3 of 21 Item # 20 Attachment number 1 Page 4 of 21 Item # 20 Attachment number 1 Page 5 of 21 Item # 20 Attachment number 1 Page 6 of 21 Item # 20 Attachment number 1 Page 7 of 21 Item # 20 Attachment number 1 Page 8 of 21 Item # 20 Attachment number 1 Page 9 of 21 Item # 20 Attachment number 1 Page 10 of 21 Item # 20 Attachment number 1 Page 11 of 21 Item # 20 Attachment number 1 Page 12 of 21 Item # 20 Attachment number 1 Page 13 of 21 Item # 20 Attachment number 1 Page 14 of 21 Item # 20 Attachment number 1 Page 15 of 21 Item # 20 Attachment number 1 Page 16 of 21 Item # 20 Attachment number 1 Page 17 of 21 Item # 20 Attachment number 1 Page 18 of 21 Item # 20 Attachment number 1 Page 19 of 21 Item # 20 Attachment number 1 Page 20 of 21 Item # 20 Attachment number 1 Page 21 of 21 Item # 20 Attachment number 2 Page 1 of 14 Item # 20 Attachment number 2 Page 2 of 14 Item # 20 Attachment number 2 Page 3 of 14 Item # 20 Attachment number 2 Page 4 of 14 Item # 20 Attachment number 2 Page 5 of 14 Item # 20 Attachment number 2 Page 6 of 14 Item # 20 Attachment number 2 Page 7 of 14 Item # 20 Attachment number 2 Page 8 of 14 Item # 20 Attachment number 2 Page 9 of 14 Item # 20 Attachment number 2 Page 10 of 14 Item # 20 Attachment number 2 Page 11 of 14 Item # 20 Attachment number 2 Page 12 of 14 Item # 20 Attachment number 2 Page 13 of 14 Item # 20 Attachment number 2 Page 14 of 14 Item # 20 Attachment number 3 Page 1 of 10 TETRA TECH WORK ORDER INITIATION FORM for the CITY OF CLEARWATER Date: August 23, 2011 Project Number:___________ City Project Number:_______ Groundwater Replenishment Program FY2011 & 2012 1. PROJECT TITLE: Bench, Pilot, and Field Testing 2. SCOPE OF SERVICES: The City of Clearwater (City) is investigating the feasibility of replenishing the aquifer system in the City with approximately three (3) million gallons per day (mgd) of highly purified reclaimed water. This effort is targeted to reduce the reclaimed water to surface waters and more fully utilize this water resource. Tetra Tech will provide consulting services to the City for the Replenishment (GWR) Program FY2011 and FY2012 (Bench, Pilot, and Field Testing) as outlined below. Leggette, Brashears, and Graham, Inc. will pr services for this project under a separate contract with the City. Tetra Tech proposes the following scope of services for this project: 1. Meet with Regulatory Agencies Tetra Tech will prepare for, attend and prepare minutes of meetings with the FDEP and the SWFWMDs Permitting Departments as necessary to discuss perm regulatory requirements, schedule of the work and questions and concerns relative to the Pilot Purification System and Recharge Water Treatment Pilot Sys 2. Pilot Purification System Design and Permitting Tetra Tech completed a preliminary design of the Pilot Purificat development of the Groundwater Replenishment Feasibility Study (February 2011). The pilot system includes the following primary components: membrane filtration (MF), reverse osmosis (RO), advanced oxidation using ultraviolet (UV) and hydrogen peroxide (HO), dissolved oxygen removal, and purified water stabilization. The final design and 22 Item # 20 Attachment number 3 Page 2 of 10 permitting of the Pilot Purification System will be performed in. Pilot testing will be conducted to confirm design and operational parameters for the proposed project. Additionally, it is a requirement of Chapter 62-610 of the Florida Administrative Code (F.A.C.) that a one (1) year pilot test be conducted. During the one (1) year of testing, the pretreatment design, membrane configuration, advanced oxidation process (AOP) configuration, oxygen removal process, and purified water stabilization process will be tested and confirmed. Additionally, the Citys treatment plant operators will gain hands-on experience with the operation of the proposed purification system. The pilot system design will include identification of an area for the public to view the pilot equipment as well as an illustration of the pilot process. Tetra Tech will complete the following tasks as part of the design/permitting of the pilot plant: a. Develop the design documents for the procurement and installation of pilot testing equipment. 1. Site plan showing the location of the pilot system and interc piping with the existing treatment plant. 2. Pilot system plan showing the general location and arrangement of the pilot system equipment and concrete base slab. 3. Detailed schematic of all the proposed pilot system equipment, valves, instrumentation and piping. 4. Coordinate with contractor, manufacturers and suppliers of the pilot equipment to negotiate scopes of supply and incorporate into overall pilot system design. 5. Prepare civil, electrical and structural drawings to assist contractor with building permit applications. b. Develop the Pilot Testing Plan and Protocol for the operation of the pilot purification system. c. Prepare and submit a permit application to the FDEP for the construction of the pilot purification system. The scope of services does not includ of an engineering report to accompany the permit application and assumes that any such requirement will be satisfied by the Feasibility Study report. 3. Pilot Purification System Startup Tetra Tech will provide the following services during construction and start up of the pilot plant: a. Provide assistance to the pilot testing equipment manufacturer(s) and installer during the pilot system installation by responding to questions and requests for information and reviewing materials and equipment submittals and determining their acceptability. b. Observe the testing of the equipment and piping and the initial startup of the pilot system (5 days on-site). Item # 20 Attachment number 3 Page 3 of 10 c. Provide the Citys operators the Pilot Testing Plan and Protocol for review prior to training and startup. d. In coordination with and as assisted by the pilot system equipme prepare for and provide hands-on training for the Citys operators during start up of the pilot plant. 4. Pilot Purification System Operation The Pilot Purification System will operate for one (1) year (app In an effort to control the costs of operation, City staff will perform the day-to- day operation of the pilot system during the year of piloting. Tetra Tech will be on-site for 10 days of pilot system operation to ensure that the system is operating properly, instrument readings are being properly taken and recorded, operational adjustments to the system are being made, and to conduct training of the Citys staff. After the first 10 days of pilot plant operation, Tetra Tech staff will be on-site one (1) day per week for the duration of the one (1) year pilot to observe operation of the system, record instrument readings, provide additional training of City staff, conduct special testsnt, and provide tours of the pilot system if requested. Additionally, up to 10 additional days on- site have been provided to perform non routine operational testing of the systems and equipment or assist with troubleshooting of operation and maintenance issues. The Citys operators will be responsible for monitoring and collecting routine daily operational data such as feed pressures, process flows, hydraulic balancing measures, chemical additions, and feed, permeate and concentrate field water quality measurements three times daily. Prepare and provide to the City, FDEP and SWFWMD a brief monthly report of the pilot system operation including status of the equipment, periods of equipment downtime and cause, hours of operation, describe any unusual events, samples collected and analysis results received, operational modifications, special testing performed (bench, challenge, mutagenicity, etc.), and visitors to the site. 5. Water Quality Sampling/Monitoring Reclaimed water and groundwater sampling programs have been outlined in the Groundwater Replenishment Feasibility Study. Tetra Tech will prepare and provide to the City a sampling program for this phase of the program which will the sample, the type of sample to be collected, the number and frequency of samples to be collected and the parameters to be measured or analyzed for in each sample. The sampling program for the pilot purification system will be inclu Plan and Protocol document. The sampling program to obtain addit groundwater quality information in the vicinity of the recharge area will be provided in a separate memorandum. Tetra Tech will assist the City with the implementation of the s coordinating with the Citys preferred laboratory and setting up the orders for the sampling equipment. Additionally, Tetra Tech will collect the sa weekly site visits to the pilot system and have them delivered to the laboratory. The City will be Item # 20 Attachment number 3 Page 4 of 10 responsible for the cost of the analysis of samples required to be performed by an outside laboratory. 6. City Review Meetings Tetra Tech will prepare for, attend and prepare the minutes for review meetings with the City as necessary to coordinate permitting, construction and operation of the pilot systems, review project deliverables and discuss the status of the project for the duration of the two year contract. 7. Public Information Program The public information program for this phase of the project wil Pilot Purification System, an expanded discussion of the program on the Citys website, discussions with area utility directors, and presentations to up to 12 organizations in the City. Tetra Tech will prepare a schematic of the purification system which will be set up at the pilot system so that the public can view the details of the treatment process to assist the City in this phase of the public information program. Tetra Tech will also assist the City with the public information program by conducting tours of the pilot system during regularly scheduled visits to the site, as requested and as operational requirements of the pilot system permit. 8. Recharge Test Water Treatment Pilot System Design A recharge treatment pilot system with a targeted capacity of 300 gallons per minute (gpm) will treat the source water (expected to be potable water), for the six (6) month recharge test. The recharge treatment system is expected to consist of a packaged membrane contactor for dissolved oxygen removal and some supplemental chemical feed systems for pH adjustment and chlorine removal. Hydraulic testing by LBG of the test/exploratory recharge well will confirm the target recharge l and capacity of the recharge test water treatment system. Tetra Tech will design and coordinate with the equipment manufacturers for the supply of the required equipment for the recharge treatment system and and Protocol for the operation of the recharge treatment system. 9. Recharge Test Water Treatment Pilot System Startup Tetra Tech will provide the following services during installation and start up of the recharge test treatment system: a. Provide assistance to the treatment equipment manufacturer(s) and installer during the treatment system installation by responding to questions and requests for information and reviewing materials and equipment submittals and determining their acceptability. b. Observe the testing of the equipment and piping and the initial startup of the treatment system. d. Provide the Citys operators the Recharge Test Plan and Protocol for review prior to training and startup. Item # 20 Attachment number 3 Page 5 of 10 e. In coordination with and as assisted by the recharge test treatment system equipment supplier(s), prepare for and provide hands-on training for the Citys operators during start up of the recharge test treatment system. 10. Conduct Six Month Recharge Test Tetra Tech will be on-site during the first 5 days of the rechar operation to ensure that the system is operating properly, instrument readings are being properly taken and recorded, operational adjustments to the system and made, and to conduct training of the Citys staff. After the first 5 days of the recharge test treatment plant operation, Tetra Tech staff will be on-site one (1) day per week for the duration of the six (6) month recharge test to record instrument readings, train City staff as necessary. Additionally, up to 5 additional days on-site have been provided operational testing of the systems and equipment and assist with troubleshooting operation and maintenance issues. 11. Special Testing of Post Treatment Processes Tetra Tech has budgeted $35,000 for services that may be recommended to optimize the operation of the membrane contactors or the chemical feed systems and / or to conduct comparative testing for metals mobilization. The extent of modifications and testing that may be required will not be known until the pilot study progress subcontractor services beyond the budgeted amount are anticipated, Tetra Tech will prepare a change order for the increased cost for consideration by the City. 12. Prepare Testing Phase Report Tetra Tech will prepare a final report for the testing phase which summarizes all of the field, laboratory, and pilot data collected during the testing phase. The report will document the removal efficiency of the purification system and expected quality of the recharge water. The report will discuss the impact of the findinsting phase upon the preliminary design and revise the preliminary des appropriate. The report will summarize the findings, conclusions and recommendations for the design of the post treatment processes to optimize the t metals mobilization. The report will provide any findings, conclusions and recommendations relative to the feasibility of the project and proceeding forward with implementation of the full scale system based upon the information obtained during the field testing program. 3. PROJECT GOALS: The following goals are identified for this phase of the Groundwater Replenishment Program: a. Design, permit and monitor the Pilot Purification Plant. b. Coordinate additional reclaimed water and groundwater quality sampling and analyses by the City. c. Expand the Public Information Program. d. Design and monitor the Recharge Test Treatment Plant. Item # 20 Attachment number 3 Page 6 of 10 e. Obtain information and pilot test data to support the final design and permitting of the full scale system. Tetra Tech will provide five (5) copies each of the following documents to the City of review and approval: a. Pilot System Drawings b. Pilot Permit Application - Draft and Final c. Pilot Plant Monthly Operational Reports d. Recharge Test Treatment Plant Drawings e. Recharge Test Treatment Plant Monthly Operational Reports f. Testing Phase Summary Report Draft and Final 4. BUDGET: The breakdown of the project costs are shown in the table in Attachment B. This price includes labor and expenses anticipated to be incurred by Tetra of these tasks. Tetra Tech will bill on a time and materials ba budget cost is . Permit applications Six Hundred Ten Thousand Five Hundred Dollars ($610,500.00) for the Pilot Purification Plant and the Recharge Test Treatment Plant are included in this scope of work. Permit application fees are not included in this directly by the City. 5. SCHEDULE: This scope of services is scheduled to be completed by December 31, 2013, with an issuance date of notice-to proceed of September 15, 2011. The project deliverables are to be phased as follows: Kick Off Meeting September 27, 2011 Draft Pilot Design/FDEP Permit Application November 30, 2011 Final Pilot Design/FDEP Permit Application Submittal March 31, 2 Pilot System Operation August 2012 August 2013 Recharge Test Operation May 2013 Oct. 2013 Draft Testing Phase Summary Report (5 copies) to City November 3 Final Testing Phase Summary Report (5 copies) to City December 3 Key technical personnel scheduled to 6. STAFF ASSIGNMENT (Consultant): work on this project are as follows: Emilie Moore, P.E. - Senior Project Manager Steve Tedesco, P.E. - Senior Advisor Mark Wilf, Ph.D. - Membrane Expert James Christopher, P.E. - Senior Process Engineer Item # 20 Attachment number 3 Page 7 of 10 Jon Bundy, P.E. - Process Engineer Jarrett Kinslow, P.E. - Process Engineer 7. CORRESPONDENCE/REPORTING PROCEDURES: ENGINEERs project correspondence shall be directed to Emilie Moore. All City project correspondence shall be directed to Robert Fahey with copies to others as may be appropriate. 8. INVOICING/FUNDING PROCEDURES: Invoices shall be submitted monthly to the City of Clearwater, Engineering, Attn: Veronica Josef, Senior Staff Assistant, P. O. Box 4748, Clearwater, Florida 33758-4748, for work performed. Invoices will be prepared monthly. City Invoicing Code: _0315-96773-561300-533-000-0000 jlc 7/21/11_________ 9. OWNER DIRECTED PURCHASE ITEMS Pilot Purification System Tetra Tech has obtained a price proposal from Harn RO for $784,000 to furnish and install the one year pilot system. The City intends to purchase or lease the treatment equipment directly from the suppliers and from Harn RO. Tetra Tech, as part of the scope of services outlined above, will assist with vendor coordination and review of purchase orders. A provisional sum of $784,000 is included in this scope of services for purchase or lease of equipment. This price is based on preliminary design information and is not a guaranteed maximum price. The pilot system will be constructed at Harn ROs facility and delivered to the Citys water reclamation facility and thus this budget does not include builders risk insurance. After the unit is delivered on-site the City shall assume responsibility and shall provide appropriate insurance for the replacement or repair of the unit. The pilot system provisional sum does not i service connections, and it is assumed that City staff can install these items. This price includes an amount of $14,700 for the estimated cost of chemicals to operate the system for one year. This number does not include the cost of labor, materials, equipment or incidentals that may be required to repair or replace any of the excess of any warranties that may be supplied by the equipment m Recharge Test Water Treatment Pilot System Installation Tetra Tech has included a provisional sum of $190,000 in this scope of services to furnish and install the pilot water treatment equipment associated with the groundwater recharge testing. The City intends to procure the treatment equipment directly from the suppliers. The estimate above is based on preliminary design data and does not represent a guaranteed price for the purchase or lease and installation of the equipment. Final equipment configuration and pricing will be based on the results of pilot testing, selection of a groundwater recharge testing location, and permitting requirements as stipulated by the FDEP and the SWFWMD. The pilot equipment will be delivered to the project site Item # 20 Attachment number 3 Page 8 of 10 which will be located on City property and thus this budget does insurance. After the equipment is delivered on-site the City shall assume responsibility and shall provide appropriate insurance for the replacement or repair of the unit. The pilot system provisional sum does not include yard piping or service connections, and it is assumed that City staff can install these items. 10. ITEM 10 INTENTIONALLY LEFT BLANK 11. SPECIAL CONSIDERATIONS: None at this time. PREPARED BY: APPROVED BY: ___________________ Emilie A. Moore, P.E. Michael D. Quillen, PE Tampa Area Regional Manager City Engineer Tetra Tech, Inc. City of Clearwater __9-22-11__________________________________ Date Date Item # 20 Attachment number 3 Page 9 of 10 {Add the following as an Attachment:} CITY OF CLEARWATER ENGINEERING DEPARTMENT WORK ORDER INITIATION FORM Attachment A CITY DELIVERABLES FORMAT The design 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. DELIVERABLES The design plans shall be produced on vellum or bond material, 24" x 36" at a scale of 1" = 20 unless approved otherwise. Upon completion t consultant shall deliver all drawing files in digital format with all project data in Land Desktop 2000 or later including all associated dependent files. NOTE: If approved deviation from Clearwater or Pinellas County CAD standards are used the consultant shall include all necessary information 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 otherattributes contained in the standard AutoDesk, Inc. release. All . 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@clearwater-fl.com All electronic files must be delivered upon completion of project or with 100% plan submittal to City of Clearwater. Item # 20 Attachment number 3 Page 10 of 10 ATTACHMENT B CITY OF CLEARWATER Groundwater Replenishment Program FY2011 & 2012 Bench, Pilot, and Field Testing PROJECT BUDGET Tetra Tech Task Description Total 1 Meet with Regulatory Agencies $24,000 2 Pilot Purification System Design/Permitting $120,000 3 Pilot Purification System Start Up $50,000 4 Pilot Purification System Operation One Year $95,000 5 Water Quality Sampling/Monitoring $42,000 6 City Review Meetings $20,000 7 Public Information Program $40,000 8 Recharge Test Water Treatment System Design $50,000 9 Recharge Test Water Treatment System Startup $33,000 10 Conduct Six Month Recharge Test $48,000 11 Special Testing of Post Treatment Processes $38,500 12 Prepare Testing Phase Report $50,000 Total Tetra Tech Services $610,500.00 Total Owner Directed Purchase Provisional Sum Items $974,000.00 Subtotal, Labor and Subcontractors $0 Permit Review Fees Grand Total $1,584,500 Item # 20 Meeting Date: 10/20/2011 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Approve the conveyance of a Distribution Easement to Progress Energy (PE) granting appropriate authority to PE for the purpose of providing electrical service to the Compressed Natural Gas (CNG) filling station and other improvements within the Clearwater Air Park; and authorize the appropriate officials to execute same. (consent) SUMMARY: The design of the CNG filling station at the Clearwater Air Park required the relocation of power lines within the Air Park. Progress Energy owns the power lines and associated facilities on the city-owned tract for the purpose of providing service to the CNG station and other facilities within the Air Park. Progress Energy has requested that the City convey a distribution easement granting PE appropriate authority to access that certain portion of land described in Exhibit A of the easement to install, operate and maintain its facilities. Review Approval: Cover Memo Item # 21 DISTRIBUTION EASEMENT Attachment number 1 Page 1 of 3 KNOW ALL MEN BY THESE PRESENTS, that the undersigned, their heirs, successors, lessees and ), in consideration of the mutual benefits, covenants and conditcontained, does hereby grant and convey to FLORIDA POWER CORPORATION doing business as PROGRESS ENERGY FLORIDA, INC.), Post Office Box 14042, St. Petersburg, Florida 33733, and to its successors, lessees, licensees, transferees, permittees, appns, an easement to install, operate and maintain in perpetuity, such facilities as may be necessary or d providing electric energy and service and communication systems, whether to or on behalf of telecommunicatiders or other customers by GRANTEE or premises in Pinellas County, to wit: hereto and incorporated herein by this reference. Tax Parcel Number : 12/29/15/55836/001/0013 The rights herein granted to GRANTEE by GRANTOR specifically include: (a) the right for GRANTEE to patrol, inspect, alter, improve, repair, rebuild, relocate, and ilities; further GRANTEE hereby agrees to restore the Easement Area to as near as practicable the conditior to such construction, repairs, alteration, replacement, relocation or removal as a result of safe and efficient installation, operation or maintenance of said facilities; (b) the reasonable right for GRANTEE to increase or decrease the voltage and to change the quantity and type of facilities; (c) the reasonable right fo GRANTEE to clear the Easement Area of trees, limbs, undergrowth and other physical objects which, in the opinion of GRANTEE, endanger or interfere with the safe and efficient installation, operation or maintenance of said facilitle right for GRANTEE to trim or remove any timber adjacent to, but outside the Easement Area whiin the reasonable opinion of GRANTEE, endangers or interferes with the safe and efficient installation, operation or maintenanfacilities; (e) the reasonable right for GRANTEE to enter upon land of the GRANTOR adjacent to said Easement Area for the purpose of exercising the rights herein granted; and (f) all other rightrivileges reasonably necessary or convenient for GRANTEE of said easement for the purposes described above. The rights ansement herein granted are non-exclusive as to entities not engaged in the provision of electric energy and ser GRANTOR reserves the right to grant rights to others affecting said easement area provided that such rights docreate an unsafe condition or unreasonably conflict with the rights granted to GRANTEE herein. GRANTOR hereby covenants and agrees that no buildings, structures or obs (except fences) shall be located, constructed, excavated or created within the Easement Afences are installed, they shall be placed so as to allow ready access to facilities and provide a working space of not less than ten (10 feet on the opening side, six (6) feet on the back for working space and three (3) feet on all other sides of any pad mounted transformer. If future orderly development of the premises is in physical conflth facilities, GRANTEE shall, within 60 days after receipt of written request from GRANTOR, relocate said facilities to another mutually agreed upon Easement Area in premises, provided that prior to the relocation of said facilities (a) GRANTOR shall pay to GRANTEE the full actual cost of the relocation as incurred by GRANTEE, and (b) GRANTOR shall execute and deliver to GRANTEE, at no cost, an acceptable and recordable easement to cover the relocated facilities. Upon the completion of the relocation,shall be considered cancelled as to the portion vacated by such relocation. This legal description w GRANTOR. Clearwater AirPark This document prepared by R. Alexander Glenn Intersection of Palmetto St. 3300 Exchange Place And Hercules Ave. Lake Mary, Florida 32746 GRANTOR covenants not to interfere with facilities within the Easement Area in premises, and GRANTOR further covenants to indemnify to the extent of Florida Statute and hold GRANTEE harmless from damages and injuries, whether to persons or property, resulting m the negligent or wrongful act or omission related to GRANTEEGRANTOR or by agents or employees. Nothing contained herein, however, shall be construed to waive oy the provisions of Florida Statute 768.28 or the doctrine of sovereign immunity as to any party hereto. In addition, nothing contained herein shall be construed as Attachment number 1 consent by the GRANTOR to be sued by third parties in any manner arising from this grant of easement, or as a waiver of Page 2 of 3 sovereign immunity. GRANTEE agrees to indemnify and hold GRANTOR harmless for, from and against any and all losses, claims or damages incurred by GRANTOR arising directly from negligence or failure to exercise reasonable care in the construction, reconstruction, operation or maintenance of GRANTEE's facilities located on the above described easement. GRANTOR hereby warrants and covenants (a) that GRANTOR is the owner of the fee simple title to the premises in which the above described Easement Area is located, (b) that GRANTOR has full right and lawful authority to grant and convey this easement to GRANTEE, and (c) that GRANTEE shall have quiet and peaceful possession, use and enjoyment of this easement. All covenants, terms, provisions and conditions herein contained shall inure and extend to and be obligatory upon the heirs, successors, lessees and assigns of the respective parties hereto. IN WITNESS WHEREOF, the said GRANTOR has caused this easement to be signed in its corporate name by its proper officers thereunto duly authorized and its official corporate seal to be hereunto affixed and attested this day of ___________________________, 2011. GRANTOR: Countersigned: CITY OF CLEARWATER, FLORIDA _____________________________________ By: _________________________________________ Frank V. Hibbard, Mayor William B. Horne, II, City Manager Attest: __________________________________________ Rosemarie Call, City Clerk Grantor Mailing Address: City Manager P. O. Box 4748 Clearwater, Florida 33758-4748 STATE OF FLORIDA : \ : ss COUNTY OF PINELLAS: BEFORE ME, the undersigned, personally appeared Frank V. Hibbard, the Mayore City of Clearwater, Florida, who executed the foregoing instrument and a the execution thereof to be his free act and deed for the use and purposes herein set forth, and who is persoally known to me. WITNESS my hand and official seal this_____ day of _______________________________, 2010. _____________________________________________ My commission expires: Notary Public Print/Type Name ____________________________ STATE OF FLORIDA : : ss COUNTY OF PINELLAS: BEFORE ME, the undersigned, personally appeared William B. Horne, II, the Cityager of the City of Clearwater, Florida, who executed the foregoing instrument and a the execution thereof to be his free act and deed for the use and purposes herein set forth, and who is persoally known to me. Attachment number 1 Page 3 of 3 WITNESS my hand and official seal this _____day of _______________________________, 2010. ______________________________________________________ My commission expires: Notary Public Print/type name _______________________________ Approved as to form: _________________________________________ Laura Mahony, Assistant City Attorney WEST RIGHT OF WAY Attachment number 3 Page 1 of 1 Location Map ST AVE PROGRESS ENERGY EASEMENT LOCATION PALMETTO Ca Lante DR ST ² Progress Energy Easement Location at Clearwater Executive Air Park Prepared by: Engineering Department Geographic Technology Division Item # 21 100 S. Myrtle Ave, Clearwater, FL 33756 Ph: (727)562-4750, Fax: (727)526-4755 Map Gen By:Reviewed By:271A S-T-R:N.T.S. CRMTM Date:09/26/2011 Grid #:12-29s-15e Scale: www.MyClearwater.com Map Document: (V:\GIS\Engineering\Location Maps\Clw Exec Airpark PE Easement LOC Map.mxd) 10/20/2011 Meeting Date: City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Approve two Sovereignty Submerged Lands Easements granted by the State of Florida Department of Environmental Protection to allow for installation of reclaimed water pipes attached to the Douglas Avenue Bridge and installed by directional drill under a small bridge on Overbrook Avenue and authorize the appropriate officials to execute same. (consent) SUMMARY: Other Type: NoneNone Current Year Budget?:Budget Adjustment: Budget Adjustment Comments: $0$0 Current Year Cost:Annual Operating Cost: $0 Not to Exceed:Total Cost: to For Fiscal Year: Appropriation CodeAmountAppropriation Comment N/A Review Approval: Cover Memo Item # 22 Attachment number 1 Page 1 of 8 Item # 22 Attachment number 1 Page 2 of 8 Item # 22 Attachment number 1 Page 3 of 8 Item # 22 Attachment number 1 Page 4 of 8 Item # 22 Attachment number 1 Page 5 of 8 Item # 22 Attachment number 1 Page 6 of 8 Item # 22 Attachment number 1 Page 7 of 8 Item # 22 Attachment number 1 Page 8 of 8 Item # 22 10/20/2011 Meeting Date: City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Approve the Cooperative Funding Agreement between Southwest Florida Water Management District (SWFWMD) and the City of Clearwater for the Stormwater Improvements Flood Protection- Smallwood Circle Project (N395), in the amount of $125,000, and authorize the appropriate officials to execute same. (consent) SUMMARY: The proposed project consists of removal and replacement of approximately 3,000 linear feet of pipe including 1,000 linear feet of undersized pipe between Highland Avenue to the west, Drew Street (SR 590) to the south, Hobart Avenue to the east and Walnut Street to the north. The replacement of the entire system will provide an opportunity to implement Best Management Practices within this drainage area. The City of Clearwater Stormwater Engineering Department proposed the project to the Southwest Florida Water Management District (SWFWMD) for funding consideration under the SWFWMD'S cooperative funding program. SWFWMD considers the project worthwhile and desires to assist the City in funding the Project. This Agreement is for design and construction. Council action at this time is necessary to secure Fiscal Year 2012 SWFWMD funds for design costs in the amount of $125,000. Separate agreements will be presented to Council for possible awarding of construction grant in future budgets for an additional $750,000 for awards totaling $875,000. It is anticipated that the design and permitting costs will be $250,000. SWFWMD will reimburse the City up to 50% of the design and permitting costs not to exceed $125,000. First quarter amendments will establish Capital Improvement Program project 315-96178, Smallwood Circle with $125,000 of SWFWMD (337900) grant funding and a transfer of $125,000 City matching revenue from 0315-96169, Stevenson Creek. Other Type: NoYes Current Year Budget?:Budget Adjustment: Budget Adjustment Comments: See summary Current Year Cost:Annual Operating Cost: Not to Exceed:Total Cost: 2011 to 2012 For Fiscal Year: Review Approval: Cover Memo Item # 23 Attachment number 1 Page 1 of 14 Item # 23 Attachment number 1 Page 2 of 14 Item # 23 Attachment number 1 Page 3 of 14 Item # 23 Attachment number 1 Page 4 of 14 Item # 23 Attachment number 1 Page 5 of 14 Item # 23 Attachment number 1 Page 6 of 14 Item # 23 Attachment number 1 Page 7 of 14 Item # 23 Attachment number 1 Page 8 of 14 Item # 23 Attachment number 1 Page 9 of 14 Item # 23 Attachment number 1 Page 10 of 14 Item # 23 Attachment number 1 Page 11 of 14 Item # 23 Attachment number 1 Page 12 of 14 Item # 23 Attachment number 1 Page 13 of 14 Item # 23 Attachment number 1 Page 14 of 14 Item # 23 Attachment number 2 Page 1 of 1 Smallwood Circle Drainage Improvements ROSEMERE RD N JACARANDA CIR OAKWOOD ST CRESTVIEW ST ² Legend Smallwood Circle Drainage Improvement Area Drainage Improvements Storm Pipe Prepared by:Parcel Boundary Item # 23 Engineering Department Geographic Technology Division 100 S. Myrtle Ave, Clearwater, FL 33756 Map Gen By:Reviewed By:CDMM Date:11/24/2010 Grid #:279A11-29-15 S-T-R:Scale:N.T.S. Ph: (727)562-4750, Fax: (727)526-4755 www.MyClearwater.com 10/20/2011 Meeting Date: City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Approve a Cooperative Funding Agreement in the amount of $1,250,000 with the Southwest Florida Water Management District (SWFWMD) to share one-half the design and construction cost of Phase III of Tropic Hills Drainage Improvements Project and authorize the appropriate officials to execute same. (consent) SUMMARY: The Tropic Hills neighborhood experienced severe flooding in June 1997 and February 2006. The existing outfall is undersized and during heavy rainfall, stormwater backs up in the neighborhood flooding streets and houses. Tropic Hills Drainage Improvements Project consists of the following three phases: Phase I is complete and included widening the existing channel, stabilizing the eroding north bank gabions, and replacing a failing seawall along the south side of the channel from US Highway 19 to Tampa Bay. Phase II is underway and consists of FDOT (Florida Department of Transportation) at the City's expense replacing the two undersized 36-inch diameter pipes under U.S. 19 with a 4-foot by 10-foot box culvert during the reconstruction from SR 60 to Harn Boulevard. Phase III consists of replacing approximately 1500-feet of undersized pipe from US 19 west to the open ditch adjacent to Tropic Hills. Council action at this time is necessary to secure the Districts funds for the design and construction cost. A separate agreement will be presented to Council to awarding a construction contract. This agreement requires the City to match the Districts amount with City dollars to provide a total design and construction budget of $2,500,000. First quarter amendments will establish Capital Improvement Program project 0315-96179, Tropic Hills Phase III with SWFWMD grant funding in the amount of $1,250,000 and a transfer of $1,250,000 from 0315-96170, Coastal Basins Projects to 0315-96179, Tropic Hills Phase III for total project funding in the amount of $2,500,000. Other Type: NoNo Current Year Budget?:Budget Adjustment: Budget Adjustment Comments: See summary Cover Memo Current Year Cost:Annual Operating Cost: Not to Exceed:Total Cost: Item # 24 2011 to 2012 For Fiscal Year: No Bid Required?:Bid Number: None Other Bid / Contract:Bid Exceptions: Review Approval: Cover Memo Item # 24 Attachment number 1 Page 1 of 1 TEAKWOOD Cambridge Cir. ST CHAUCER SHELLEY TROPIC HILLS DRAINAGE BASIN 250 ACRES ± DRUID SEVILLE BLVD RD TROPIC HILLS Pearce Dr Phase III DR GLENMOOR GLENMOOR RD ST. CHARLES Pl DR DR DR DR ² Via Cipriani De Scale: 1"=1000' DR HAVANA Item # 24 Attachment 1: Tropic Hills Project Location Map 9/10/2011 Attachment number 2 Page 1 of 15 AGREEMENT NO. _______________ COOPERATIVE FUNDING AGREEMENT BETWEEN THE SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT AND CITY OF CLEARWATER FOR TROPIC HILLS PHASE III DRAINAGE IMPROVEMENTS (W280) 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, hereinafter referred to as the "DISTRICT," and CITY OF CLEARWATER, a municipal corporation of the State of Florida, whose address is 100 South Myrtle Avenue, Suite 220, Clearwater, Florida 33756, hereinafter referred to as the "CITY." WITNESSETH: WHEREAS, the CITY proposed a project to the DISTRICT for funding consideration under the DISTRICT'S cooperative funding program; and WHEREAS, the project consists of design, construction and construction management to implement Best Management Practices (BMPs) for Phase III of the Tropic Hills drainage and water quality improvements, hereinafter referred to as the "PROJECT"; and WHEREAS, the DISTRICT considers the PROJECT worthwhile and desires to assist the CITY in funding the PROJECT. NOW THEREFORE, the DISTRICT and the CITY, in consideration of the mutual terms, covenants and conditions set forth herein, agree as follows: 1. 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, by nationally recognized overnight courier, or personally to the parties' addresses as set forth below. Project Manager for the DISTRICT: Project Manager for the CITY: Nancy T. Norton, P.E. Phuong Vo Southwest Florida Water Management District City of Clearwater 7601 U.S. Highway 301 North Municipal Services Building Tampa, Florida 33637 100 South Myrtle Avenue, Suite 220 Clearwater, Florida 33756 Any changes to the above representatives or addresses must be provided to the other party in writing. Item # 24 Page 1 of 9 Attachment number 2 Page 2 of 15 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 7, Contract Period. 1.2 The DISTRICT'S Project Manager is authorized to adjust a line item amount of the Project Budget contained in the Project Plan set forth in Exhibit "B" or, if applicable, the refined budget as set forth in Subparagraph 3.2 below. The authorization 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 amounts set forth in the funding section of this Agreement. 2. SCOPE OF WORK. Upon receipt of written notice to proceed from the DISTRICT, the CITY will perform the services necessary to complete the PROJECT in accordance with the Special Project Terms and Conditions set forth in Exhibit "A" and the CITY'S 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 and the CITY prior to being performed by the CITY, subject to the provisions of Paragraph 3, Funding. The CITY will be solely responsible for managing the PROJECT, including the hiring and supervising of any consultants or contractors it engages in order to complete the PROJECT. The parties agree that time is of the essence in the performance of each obligation under this Agreement. 3. FUNDING. The parties anticipate that the total cost of the PROJECT will be Two Million Five Hundred Thousand Dollars ($2,500,000). The DISTRICT agrees to fund PROJECT costs up to One Million Two Hundred Fifty Thousand Dollars ($1,250,000) and will have no obligation to pay any costs beyond this maximum amount. The CITY agrees to provide all remaining funds necessary for the satisfactory completion of the PROJECT. The CITY will be the lead party to this Agreement and pay PROJECT costs prior to requesting reimbursement from the DISTRICT. 3.1 Any federal, state, local or grant monies received by the CITY for this PROJECT will be applied to equally reduce each party's share of PROJECT costs. The CITY will provide the DISTRICT with written documentation detailing its allocation of any such funds appropriated for this PROJECT. In the event the DISTRICT provides funding for the PROJECT in excess of the DISTRICT'S share after all federal, state, local and grant monies have been applied as set forth herein, CITY will promptly refund such overpaid amounts to the DISTRICT. 3.2 The DISTRICT will reimburse the CITY for the DISTRICT'S share of the PROJECT costs in accordance with the Project Budget contained in the Project Item # 24 Page 2 of 9 Attachment number 2 Page 3 of 15 Plan set forth in Exhibit "B." The CITY may contract with consultant(s), contractor(s) or both in accordance with the Special Project Terms and Conditions set forth in Exhibit "A." Upon written DISTRICT approval, the budget 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 CITY for 50 percent of all allowable costs in each DISTRICT approved invoice received from the CITY, but at no point in time will the DISTRICT'S expenditure amount under this Agreement exceed expenditures made by the CITY. Payment will be made to the CITY within forty-five (45) days of receipt of an invoice with adequate supporting documentation to satisfy auditing purposes. Invoices will be submitted to the DISTRICT every two (2) months electronically at invoices@WaterMatters.org, or at the following address: Accounts Payable Section Southwest Florida Water Management District Post Office Box 1166 Brooksville, Florida 34605-1166 In addition to sending an original invoice to the DISTRICTS Accounts Payable Section as required above, copies of invoices may also be submitted to the DISTRICTS Project Manager in order to expedite the review process. Failure of the CITY to submit invoices to the DISTRICT in the manner provided herein will relieve the DISTRICT of its obligation to pay within the aforementioned timeframe. 3.3 Any travel expenses which may be authorized under this Agreement will be paid in accordance with Section 112.061, F.S., as may be amended from time to time. 3.4 The DISTRICT will not reimburse the CITY for any purpose not specifically identified in Paragraph 2, Scope of Work. 3.5 Surcharges added to third party invoices are not considered an allowable cost under this Agreement. 3.6 The DISTRICT will have no obligation and will not reimburse the CITY for any costs under this Agreement until construction of the PROJECT has commenced. 3.7 Each CITY invoice must include the following certification, and the CITY 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 CITY'S matching funds, as represented in this invoice, are directly related to the performance under the TROPIC HILLS PHASE III DRAINAGE IMPROVEMENTS agreement between the Southwest Florida Water Management District and CITY OF CLEARWATER (Agreement No. ____________), are allowable, allocable, properly documented, and are in accordance with the approved project budget. The CITY has been allocated a Item # 24 Page 3 of 9 Attachment number 2 Page 4 of 15 total of $__ in federal, state, local or grant monies for this PROJECT. $__ has been allocated to this invoice, reducing the DISTRICT'S and CITY'S share to $__." 3.8 The DISTRICT'S and the CITY'S performance and payment pursuant to this Agreement are contingent upon the DISTRICT'S Governing Board appropriating funds in its approved budget for the PROJECT in each Fiscal Year of this Agreement. The CITYS performance and payment pursuant to this Agreement are contingent upon the CITY Council appropriating funds in its approved budget for the PROJECT in each Fiscal Year of this Agreement. 4. COMPLETION DATES. The CITY will commence the PROJECT by November 30, 2011, will complete the PROJECT by September 30, 2014 and will otherwise meet the milestones established in this Agreement, as may be extended by the DISTRICT in accordance with Paragraph 1 of this Agreement. In the event of hurricanes, tornados, floods, acts of God, acts of war, or other such catastrophes, or other man-made emergencies such as labor strikes or riots, which are beyond the control of the CITY, the CITY'S obligations to meet the time frames provided in this Agreement will be suspended for the period of time the condition continues to exist. During such suspension, this Agreement will remain in effect. The suspension of the CITYS obligations provided for in this provision will be the CITY'S sole remedy for the delays set forth herein. 5. FAILURE TO COMPLETE PROJECT. The CITY will repay the DISTRICT all funds the DISTRICT paid to the CITY under this Agreement, if: a) the CITY fails to complete the PROJECT in accordance with Paragraph 4 of this Agreement; b) the DISTRICT determines, in its sole discretion and judgment, that the CITY has failed to maintain scheduled progress of the PROJECT thereby endangering the timely performance of this Agreement; or c) the CITY fails to appropriate sufficient funds to complete the PROJECT. The CITY will be obligated to pay attorneys fees and costs incurred by the DISTRICT, including appeals, as a result of CITYS failure to repay the DISTRICT in accordance with this Paragraph. 6. OPERATION AND MAINTENANCE. After construction is completed, the CITY will operate and maintain the PROJECT for a minimum of twenty (20) years, in such a manner that the resource benefits as described in the Project Plan are achieved. In the event the PROJECT is not operated and maintained in accordance with these requirements, the CITY will pay to the DISTRICT an early termination fee. The fee will be five percent (5%) of total DISTRICT monies contributed to the PROJECT for each year or a fraction thereof for early termination of the PROJECT. The CITY will be obligated to pay attorneys fees and costs incurred by the DISTRICT, including appeals, as a result of CITYS failure to repay the DISTRICT in accordance with this Paragraph. The rights and remedies in this provision are in addition to any other rights and remedies provided by law or this Agreement. 7. CONTRACT PERIOD. This Agreement will be effective upon execution by the parties and will remain in effect through December 31, 2014, or upon satisfactory completion of the PROJECT and subsequent reimbursement to the CITY, whichever occurs first, unless amended in writing by the parties. The CITY will not be eligible for Item # 24 Page 4 of 9 Attachment number 2 Page 5 of 15 reimbursement for any work that is commenced, or costs that are incurred, prior to the effective date of this Agreement. 8. 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. Payments made to CITY under this Agreement will be reduced for amounts found to be not allowable under this Agreement by an audit. The CITY will refund to the DISTRICT all such disallowed payments. If an audit is undertaken by either party, all required records will be maintained until the audit has been completed and all questions arising from it are resolved. Each party will maintain all such records and documents for at least three (3) years following completion of the PROJECT. Each party will allow public access to PROJECT documents and materials made or received by either party in accordance with the Public Records Act, Chapter 119, F.S. Should either party assert any exemption to the requirements of Chapter 119, F.S., the burden of establishing such exemption, by way of injunctive or other relief as provided by law, will be upon the asserting party. 9. REPORTS. The CITY will provide the DISTRICT with copies of any and all reports, models, studies, maps or other documents resulting from the PROJECT. Additionally, two (2) sets, electronic and hardcopy, of any final reports must be submitted to the DISTRICT as Record and Library copies. 10. LIABILITY. Each party hereto agrees to defend, indemnify and hold the other harmless, to the extent allowed under Section 768.28, F.S., from all claims, loss, damage and expense, including attorneys fees and costs and attorneys 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. The indemnified party will have the right to approve counsel selected by the indemnifying party. This provision does not constitute a waiver of either party's sovereign immunity or extend either partys liability beyond the limits established in Section 768.28, F.S. Additionally, this provision will not be construed to impose contractual liability on either party for underlying tort claims as described above beyond the limits specified in Section 768.28, F.S. 11. DEFAULT. Either party may terminate this Agreement upon the other party's failure to comply with any term or condition of this Agreement, including the failure to meet specific milestones established in this Agreement, as long as the terminating party is not in default of any term or condition of this Agreement at the time of termination. In addition to the above, the DISTRICT may terminate this Agreement if, in its sole discretion and judgment, it determines that the CITY has failed to maintain scheduled progress of the PROJECT thereby endangering the timely performance of the PROJECT. To effect termination, the terminating party will 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. If a default cannot reasonably be cured in thirty (30) days, then the thirty (30) days may be extended at the non-defaulting partys discretion, if the defaulting party is pursuing a cure of the default Item # 24 Page 5 of 9 Attachment number 2 Page 6 of 15 with reasonable diligence. The rights and remedies in this provision are in addition to any other rights and remedies provided by law or this Agreement. 12. 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. 13. DISTRICT RECOGNITION. The CITY will recognize DISTRICT 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 approval. If construction is involved, the CITY will provide signage at the PROJECT site that recognizes funding for this PROJECT provided by the DISTRICT. All signage must meet with DISTRICT written approval as to form, content and location, and must be in accordance with local sign ordinances. 14. PERMITS AND REAL PROPERTY RIGHTS. The CITY 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 will have no obligation to reimburse the CITY for any costs under this Agreement until the CITY has obtained such permits and property rights necessary to undertake the PROJECT. 15. LAW COMPLIANCE. Each party will comply with all applicable federal, state and local laws, rules, regulations and guidelines, including those of the DISTRICT, related to performance under this Agreement. If the PROJECT involves design services, the CITY'S professional designers and the DISTRICT'S 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 rules and regulations, however, the DISTRICT undertakes no duty to ensure compliance with such rules and regulations. 16. DIVERSITY IN CONTRACTING AND SUBCONTRACTING. The DISTRICT is committed to supplier diversity in the performance of all contracts associated with DISTRICT cooperative funding projects. The DISTRICT requires the CITY to make good faith efforts to encourage the participation of minority owned and woman owned and small business enterprises, both as prime contractors and subcontractors, in the performance of this Agreement, in accordance with applicable laws. 16.1 If requested, the DISTRICT will assist the CITY by sharing information to help the cooperator in ensuring that minority owned and woman owned and small businesses are afforded an opportunity to participate in the performance of this Agreement. 16.2 The CITY agrees to provide the DISTRICT with a report indicating all contractors and subcontractors who performed work in association with the PROJECT, the amount spent with each contractor or subcontractor, and to the extent such information is known, whether each contractor or subcontractor was a minority Item # 24 Page 6 of 9 Attachment number 2 Page 7 of 15 owned or woman owned or small business enterprise. If no minority owned or woman owned or small business enterprises were used in the performance of this Agreement, then the report shall so indicate. The Minority/Women Owned and Small Business Utilization Report form is attached as Exhibit "C." The report is required upon final completion of the PROJECT prior to final payment, or within thirty (30) days of the execution of any amendment that increases PROJECT funding, for information up to the date of the amendment and prior to the disbursement of any additional funds by the DISTRICT. 17. ASSIGNMENT. Except as otherwise provided in this Agreement, no party may assign any ofits rights or delegate any of its obligations under this Agreement, including any operation or maintenance duties related to the PROJECT, without the prior written consent of the other party. Any attempted assignment in violation of this provision is void. 18. SUBCONTRACTORS. Nothing in this Agreement will be construed to create, or be implied to create, any relationship between the DISTRICT and any subcontractor of the CITY. 19. THIRD PARTY BENEFICIARIES. Nothing in this Agreement will be construed to benefit any person or entity not a party to this Agreement. 20. LOBBYING PROHIBITION. Pursuant to Section 216.347, F.S., the CITY is hereby prohibited from using funds provided by this Agreement for the purpose of lobbying the Legislature, the judicial branch or a state agency. 21. 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. The CITY agrees to include this provision in all subcontracts issued as a result of this Agreement. 22. 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. The CITY agrees to include this provision in all subcontracts issued as a result of this Agreement. Item # 24 Page 7 of 9 Attachment number 2 Page 8 of 15 23. GOVERNING LAW. All aspects of this Agreement are governed by Florida law and venue will be in Hernando County, Florida. 24. SURVIVAL. The provisions of this Agreement that require performance after the expiration or termination of this Agreement will remain in force notwithstanding the expiration or termination of this Agreement including Subparagraph 3.1 and Paragraphs 5, 6, and 10. 25. 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. 26. 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 "B," and then to Exhibit "C." Exhibit "A" Special Project Terms and Conditions Exhibit "B" CITY'S Project Plan Exhibit "C" Minority/Women Owned and Small Business Utilization Report Form The remainder of this page intentionally left blank. Item # 24 Page 8 of 9 Attachment number 2 Page 9 of 15 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:______________________________________________ ____________________________________ Date FULL NAME OF CITY OF CLEARWATER By:______________________________________________ Frank V. Hibbard, Mayor Date By:______________________________________________ William B. Horne II, City Manager Date Attest: By:____________________________________ Rosemarie Call, City Clerk Approved as to form: By:____________________________________ Leslie K. Dougall Sides, Assistant Attorney COOPERATIVE FUNDING AGREEMENT BETWEEN THE SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT AND CITY OF CLEARWATER FOR TROPIC HILLS PHASE III DRAINAGE IMPROVEMENTS (W280) DISTRICT APPROVAL INITIALS DATE LEGAL _________ _________ RISK MGMT _________ _________ CONTRACTS _________ _________ DEPT DIRECTOR _________ _________ DEPUTY EXEC DIR _________ _________ GOVERNING BOARD _________ _________ Item # 24 Page 9 of 9 Attachment number 2 Page 10 of 15 AGREEMENT NO._______________ EXHIBIT "A" SPECIAL PROJECT TERMS AND CONDITIONS 1. CONTRACTING WITH CONSULTANT AND CONTRACTOR. The CITY may engage the services of a consultant(s), hereinafter referred to as the "CONSULTANT," and a contractor(s), hereinafter referred to as the "CONTRACTOR," to perform the services in accordance with the CITY'S Project Plan previously submitted to the DISTRICT and attached as Exhibit "B." The CITY will be responsible for administering the contracts with the CONSULTANT and CONTRACTOR. 2. APPROVAL OF CONSTRUCTION BID DOCUMENTS. The CITY must obtain the DISTRICT'S written approval of all construction bid documents prior to being advertised or otherwise solicited. The DISTRICT will not unreasonably withhold its approval. The DISTRICT'S approval of the construction bid documents does not constitute a representation or warranty that the DISTRICT has verified the architectural, engineering, mechanical, electrical, or other components of the construction documents, or that such documents are in compliance with DISTRICT rules and regulations or any other applicable rules, regulations, or laws. The DISTRICT'S approval will not constitute a waiver of the CITY'S obligation to assure that the design professional performs according to the standards of his or her profession. The CITY will require the design professional to warrant that the construction documents are adequate for bidding and construction of the PROJECT. REVIEW OF REPORTS & TECHNICAL DOCUMENTS. The CITY must obtain the DISTRICTS written comments on PROJECT reports and technical documents as set forth in Exhibit B, Project Plan, prior to being finalized, distributed or otherwise solicited. The DISTRICT will be provided fourteen (14) business days to review and provide comments on documents before they are finalized, distributed, or otherwise solicited. 3. DISTRICT PARTICIPATION IN SELECTING CONSULTANT AND REVIEW OF CITYS SELECTION OF CONTRACTOR. As applicable, upon notifying the CITY'S Project Manager, the DISTRICT will have the option of participating as an evaluator in the CITY'S process for selecting the CONSULTANT. The CITY will provide the DISTRICT with a tabulation of CONTRACTOR bids and a recommendation to award. The CITY must obtain the DISTRICT'S approval of the selected CONTRACTOR prior to proceeding with construction of the PROJECT and the DISTRICT will not unreasonably withhold its approval. 4. APPROVAL OF CONTRACTS. The CITY must obtain the DISTRICT'S prior written approval of any contracts entered into with its CONSULTANTS and CONTRACTORS. The DISTRICT will not unreasonably withhold its approval. Item # 24 Page 1 of 1 Attachment number 2 Page 11 of 15 AGREEMENT NO. _______________ EXHIBIT "B" CITYS PROJECT PLAN 1. GENERAL DESCRIPTION A. Project Objective The Tropic Hills Drainage Improvements Phase III is the last phase of a three-phase project to implement Best Management Practices (BMPs) identified in the DISTRICT'S Watershed Management Program for Coastal Watershed #2. The drainage basin covers approximately 250 acres and discharges to an undersized pipe and open channel depicted in Attachment 1. The Tropic Hills watershed experienced flooding in June 1997 and February 2006. The PROJECT is located along the west side of U.S. 19 and spans between two properties, 19320 and 19400 U.S. 19. The purpose of the PROJECT is to improve stormwater runoff quality and the stormwater conveyance system. B. Project Description: The CITY proposes to remove approximately 1500 LF of existing 43 inch by 68 inch box culvert and 54 inch corrugate metal pipe and replace it with 4 foot by10 foot reinforced concrete box culvert. As part of this PROJECT, the CITY also proposes to install a separator structure to treat runoff from adjacent commercial development to the west removing solids, floaters, and oils from the existing runoff. C. Project Coordination: The CITY shall keep the DISTRICT advised at all times during the course of the PROJECT. The CITY shall provide the DISTRICTS Project Manager with advance notice of all PROJECT related meetings and will copy the DISTRICTS Project Manager on all pertinent PROJECT related correspondence. The CITY shall hold status meetings as deemed appropriate by the DISTRICT and CITY Project Managers. 2. PROJECT TASKS A. Design Phase: The CONSULTANT shall provide survey information, prepare detailed construction plans, an engineers estimated cost of construction, and construction documents including technical specifications for the PROJECT. The CONSULTANT shall model the current and proposed conditions for the stormwater improvement PROJECT to ensure that PROJECT design shall be in compliance with DISTRICT rules and regulations. The CONSULTANT shall perform the necessary geotechnical investigation and field survey for the improvement delineation, existing structure location and data, and spot elevations for topographic verification. The CITY shall provide copies of all Item # 24 Page 1 of 4 Attachment number 2 Page 12 of 15 interim work products (e.g., design reports, construction plan submittals, specifications, etc.) to the DISTRICT Project Manager for review and comment. Work shall not resume on the final design until the DISTRICTS review comments have been satisfactorily addressed and the DISTRICTS Project Manager has provided written approval to proceed with the next phase of design for the specific PROJECT task under review. The DISTRICTS review comments and/or approvals shall be made in a timely and reasonable manner so as not to compromise the ability of the CITY to meet the deadlines imposed in this Agreement. Upon completion and acceptance of the final design by the CITY and the DISTRICT, the CITY shall furnish the DISTRICT with a complete set of the original reproducible drawings of the construction plans for the PROJECT improvements. B. Permitting: The CITY shall obtain all permits and all real property and/or all real property rights necessary to construct this stormwater improvement PROJECT. C. Bid Documents: The CITY shall obtain the DISTRICTS written approval of all construction bid documents prior to construction advertisement. DISTRICT review comments and approval of the construction bid documents shall be made in a timely and reasonable manner so as not to compromise the ability of the CITY to meet the deadlines imposed in this Agreement. D. Contractor Selection: The CITY shall engage the services of a contractor through a competitive bid process, in accordance with CITY policy, to construct the PROJECT based on the approved final design and permits. A tabulation of all bids received shall be furnished to the DISTRICTS Project Manager for review within five working days from the bid opening date. E. Contract Administration: The CITY shall be responsible for all contract administration and shall perform all necessary construction management services to ensure the PROJECT is constructed in accordance with the approved final design and in conformance with all environmental permits issued for the PROJECT. These services shall include, but are not limited to: construction advertisement, receipt and evaluation of bids, contract award, establishment of construction survey control, on-site construction inspection and supervision, preparation of as-built drawings, and the submittal of all required permit certifications upon the completion of construction. DISTRICT staff may participate with CITY staff in site inspections during the construction phase. F. Operation and Maintenance: The CITY shall be responsible for the perpetual operation and maintenance of the completed PROJECT facilities to maintain the PROJECT'S aesthetics, ensure the Item # 24 Page 2 of 4 Attachment number 2 Page 13 of 15 proper hydraulic operation of the PROJECT, and to conform to all the conditions specified in the environmental permits issued for the PROJECT. G. Post-Construction Monitoring: The CITY shall be responsible for all post-construction monitoring requirements that may be identified in the general and specific conditions of any permits issued for the PROJECT, as may be appropriate. 3. PERFORMANCE SCHEDULE: TASK DATES Notice to Proceed to Consultant November 30, 2011 Complete Design and Permitting December 31, 2012 Commence Construction April 30, 2013 Complete Construction September 30, 2014 Additional milestones contained in the performance schedules of the Consultant and Contractor contracts will be incorporated herein by reference. 4. DELIVERABLES The CITY will provide two (2) sets, electronic and hardcopy, of any final reports to the DISTRICT as Record and Library copies. i. Interim Work Products (e.g., Design Reports, Construction Plan Submittals, Specifications, etc.) ii. Final Design Report, Plans, Technical Specifications and Permits iii. Construction Bid Documents iv. Bid Tabulations v. As-Built Drawings 5. PROJECT BUDGET: TASK DESCRIPTION DISTRICT CITY TOTAL Design/Permitting/Construction Documents $100,000 $100,000 $200,000 Construction and Construction Management $1,150,000 $1,150,000 $2,300,000 TOTAL $1,250,000 $1,250,000 $2,500,000 Item # 24 Page 3 of 4 Attachment number 2 Page 14 of 15 ATTACHMENT 1 Item # 24 Page 4 of 4 AMERICAN WOMAN NATIVE AMERICAN ASIAN/HAWAIIAN AMERICAN HISPANIC AMERICAN AFRICAN AMERICAN AMERICAN WOMAN NATIVE AMERICAN ASIAN/HAWAIIAN AMERICAN HISPANIC AMERICAN AFRICAN AMERICAN SMALL BUSINESS Section 288.703(1) F.S. NON-MINORITY 10/20/2011 Meeting Date: City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Request authority to institute a civil action on behalf of the City against Mission Hills Condominium Association, Inc. (Mission Hills) for the purpose of seeking a Declaratory Judgment to determine the Citys easement rights as granted in that certain easement dated April 26, 1971 by the Imperial Homes Corporation, Inc. (consent) SUMMARY: On April 26, 1971, Imperial Homes Corporation granted an easement to the City of Clearwater for the purpose of installing, repairing, operating and maintaining water lines over and across certain property legally described within the easement document (Easement). The Easement includes a 40-foot square easement for an existing well site. The City has operated the well since acquiring the Easement both as a production well and then as a monitoring well. City staff plans to use the well site once again for production in support of the Reverse Osmosis Water Plant 2. In July 2011, City staff mobilized and began testing to determine whether to make improvements to the existing well or to replace it by drilling a new well within the 40-foot square area to meet the Citys production needs. On July 21, 2011, attorneys for Mission Hills sent correspondence to the City objecting to the Citys planned activities. Mission Hills attorney cited that it is Mission Hills firm opinion that the Easement does not serve to authorize additional drilling in or around the existing well site. The City Attorneys office has reviewed the Easement and is of the opinion that staffs planned activities within the Easement area are consistent with rights the City possesses by virtue of the Easement. The Engineering Department requests that authority be granted to the City Attorneys Office to seek a Declaratory Judgment by initiating legal action against Mission Hills Condominium Association, Inc. This process is intended to identify the rights granted to the City under the Easement. The costs relative to this action will include a filing fee of $400 and a service process of approximately $100. Cover Memo Sufficient Water Sewer bond proceeds are available in 0376-96767, Reverse Osmosis Plant at Res 2 in Item # 25 the amount of $500.00 to pay for these expenses. Other Type: YesNo Current Year Budget?:Budget Adjustment: Budget Adjustment Comments: See summary section $500.00 Current Year Cost:Annual Operating Cost: $500.00$500.00 Not to Exceed:Total Cost: 2011 to 2012 For Fiscal Year: Appropriation CodeAmountAppropriation Comment 0376-96767-565400-533-000-500.00See summary section 0000 Review Approval: Cover Memo Item # 25 Attachment number 1 Page 1 of 1 Location Map SR-590 Flint Dr N MISSION HILLS EASEMENT LOCATION ^ Abbey Ct GLEN OAK VISTA DR Terrace View Ln SA ² Mission Hills Condominium Easement Location Prepared by: Engineering Department Geographic Technology Division Item # 25 100 S. Myrtle Ave, Clearwater, FL 33756 Reviewed By:273B S-T-R:N.T.S. Ph: (727)562-4750, Fax: (727)526-4755 Map Gen By:CRMTM Date:09/13/2011 Grid #:8-29-16 Scale: www.MyClearwater.com Map Document: (V:\GIS\Engineering\Location Maps\Mission Hills LOC Map.mxd) Attachment number 2 Page 1 of 2 Attachment number 2 Page 2 of 2 Attachment number 4 Page 1 of 2 Item # 25 Attachment number 4 Page 2 of 2 Item # 25 10/20/2011 Meeting Date: City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Amend the operating budget of the Planning and Development Department in the amount of $107,500 to fund a Development Service Center Manager and provide customer service training in response to recommendations of the Business Task Force. (consent) SUMMARY: The Clearwater Business Task Force submitted its final report to City Council on August 29, 2011. Several recommendations supported hiring additional staff to focus on customer service activities and to create a more customer-centric environment. At the September 28, 2011 Special City Council Meeting, the Planning and Development Department provided several recommendations in response. As discussed at that meeting, to fully implement the desired changes of the Task Force, a modern development service center is needed. Since that is a long-term solution, the Planning and Development Department believes two recommendations can be implemented to start moving the City in the desired direction. One recommendation is to create the position of a Development Service Center Manager to oversee the customer service functions of the department. Some of the key duties of that manager would be to manage and coordinate customer service functions with the Construction Services and Planning Divisions as well as with other departments involved in the development review and permitting processes (Engineering, Fire, Utilities, Traffic, Solid Waste, Parks and Recreation). Specifically, the proposed manager would have authority over all involved to ensure customer service needs are met and to manage the process when out-of-sequence reviews are needed or a shift in priority is warranted. Additionally the Manager would serve as a development liaison on major/complicated projects and those requiring time sensitive reviews and chair the Building Plans Review Committee (BPRC). Another major objective would be to identify ways to improve certain operations such as decreasing plan review turnaround times and streamlining work processes. This position would be created by moving an existing vacant FTE (Full Time Equivalent) management position from another department to the Planning and Development Department. Funding in the amount of $92,500 is requested to implement this recommendation. Attached please find a proposed organizational chart of the Department incorporating the new position as well as a list of responsibilities for the position. The other recommendation is to provide customer service training for the Planning and Development Department as well as for staff from other departments that are involved in the development review and construction permitting process (Engineering, Fire, Utilities, Traffic Operations, Solid Waste, Parks and Recreation). The Department believes such training can take the interaction between city staff and our customers to the next level and help the City provide an even higher quality of customer service. The Planning and Development Department is requesting Council to allocate an amount not to exceed $15,000 to fund such training. First quarter budget amendments will reflect the allocation of $107,500 of General Fund reserves to the Planning and Development Operating budget to fund these costs. Estimated General Fund reserves are approximately $18.4 million, or 16.8% of the current years General Fund budget, exceeding our reserve policy by $9.1 million. Funding for this position and necessary training will be included in the City Managers recommended budget in future budgets. Review Approval: Cover Memo Item # 26 Attachment number 1 Page 1 of 1 Planning & Development Department Organizational Chart Director of Planning & Development Michael L. Delk, AICP Nancy Scott Assistant Planning & Development Director Gina L. Clayton Administrative Analyst Sherry Watkins Code Compliance Development Review Construction Services- Long Range Planning Development Service Manager Manager Manager/ Manager Center Manager Terry Teunis Kevin Garriott Planner III Planner III Code Inforcement Assistant Building Development Review Inspector Cate Lee Scott Kurleman Specialist Lauren Matzke, AICP Kevin Nurnberger Rick DeBord Vacant Carl Korczak Nilda Espinosa Michael Lopez Peggy Franco Lindsey Newell Corey ONeil Jean Peeke Julie Phillips James Wagner Planner II Al Ruud Shelby Schaar Ellen Crandall Senior Plans Building Construction Matt Jackson Examiner Inspector Development Review Tom Carrick, Lead Worker Sign Inspector Technician II Robbie Ackerman Land Resource Mike Coccia MaryJo Weaver Anne Downes Blackburn Specialist Dana Root Richard DeCastro Plans Examiner James Stanley Scott Jordan Richard Albee Kevin Tucker Jack Fahey Vicki Morahan Scott Sullivan License Inspector Ralph Rowe Jane Sloan John Witkowski Kyle Wilson Dee Shawen Janet McMahan Housing Inspector Customer Service Gabe Parra Representative Sam Swinton Lynne Pulizotto John Warner Item # 26 Attachment number 2 Page 1 of 2 Item # 26 Attachment number 2 Page 2 of 2 Item # 26 Meeting Date:10/20/2011 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Item Pulled: Amend Clearwater Code of Ordinances, Chapter 17, Section 17.06, relating to open fires, by repealing those subsections in Section 17.06 and pass Ordinance 8279-11 on first reading. SUMMARY: The Pinellas County Board of County Commissioners adopted Ordinance 11-33 on August 23, 2011, regulating open burning for recreational purposes and the enforcement of such. Ordinance 11-33 applies in the unincorporated portions and incorporated municipalities of Pinellas County subject to the ability of the municipalities to choose not to have the provision of the ordinance apply. The Pinellas County Fire Marshals Association and Fire Chiefs Association have unanimously endorsed the adoption of Ordinance 11-33. The Fire Marshal for the Clearwater Fire District has determined that the enforcement of the provisions in Ordinance 11-33 as opposed to similar provisions in Section 17.06, Clearwater Code of Ordinances, will protect the health, safety, and welfare of the public. Pinellas County Ordinance 11-33 gives fire officials the authority to manage different types of incidents and extinguish any fires that are not compliant with the code. It also provides the ability to involve law enforcement as needed and carries penalties for repeat offenders. Type: Other Current Year Budget?:Budget Adjustment: NoneNone Budget Adjustment Comments: Current Year Cost:Annual Operating Cost: Not to Exceed:Total Cost: For Fiscal Year: to Review Approval: Cover Memo Item # 27 Attachment number 1 Page 1 of 4 Item # 27 Attachment number 1 Page 2 of 4 Item # 27 Attachment number 1 Page 3 of 4 Item # 27 Attachment number 1 Page 4 of 4 Item # 27 10/20/2011 Meeting Date: City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Approve an agreement to lease the Collier Arnold parking lot and authorize the appropriate officials to execute same. SUMMARY: As part of the arrangement with the Clearwater Marine Aquarium, half of the Main Library parking lot will be included in the lease of the Harborview space. To allow the library to continue normal operations, the city will lease the parking lot on the corner of Drew and Osceola from Collier Arnold for $1,500 a month. The Marine Aquarium will reimburse the City for that cost. This is a month-to-month lease, which the city can cancel at any time with 30 days written notice. Debt-Lease Type: NoNone Current Year Budget?:Budget Adjustment: Budget Adjustment Comments: This is a revenue neutral proposal for the city. Current Year Cost:Annual Operating Cost: Not to Exceed:Total Cost: to For Fiscal Year: Review Approval: Cover Memo Item # 28 Attachment number 1 Page 1 of 6 Item # 28 Attachment number 1 Page 2 of 6 Item # 28 Attachment number 1 Page 3 of 6 Item # 28 Attachment number 1 Page 4 of 6 Item # 28 Attachment number 1 Page 5 of 6 Item # 28 Attachment number 1 Page 6 of 6 Item # 28 Meeting Date: 10/20/2011 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Amend Section 22.24(2) of the City of Clearwater Code of Ordinances to change the hours of operation for various parks; eliminate properties from the list that are no longer used as a park; and change the name of Chautauqua Park North (Enterprise Road) to Enterprise Dog Park and pass Ordinance 8293-11on first reading. SUMMARY: On February 3, 2005, the City Council approved Ordinance 7376-05 amending Section 22.24 by adding the hours of operation for each City park in the Code of Ordinances; requiring at least one prominently posted sign be installed at each park stating the hours of operation; and providing an exception to the closing hours which would allow a permit to be issued by the Department or the City Manager. The Ordinance provided a tool that City law enforcement officers use to more effectively patrol City parks and enforce the hours of operation at each park. It reduced the number of persons trespassing on park property after closing hours and reduces some of the vandalism that occurs during these times. From time to time, Section 22.24(2) of the Code of Ordinances needs to be reviewed and updated to reflect accurately any changes that may have occurred since the last amendment. Following is a list of the various changes that are included in this agenda item as well as changing the description of Open for Scheduled Programming Only to Open for Permitted Use Only. Name changes: Lake Chautauqua Park North (Enterprise Road) to Enterprise Dog Park. Properties removed: Countryside Library Playground; US 19 Soccer Practice Fields, Martin Luther King Recreation Center Hours changed: North Greenwood Rec. & Aquatic Complex from Closed from 9:00 p.m. until 6:00 a.m. to Closed from 10:00 p.m. until 6:00 a.m. Belmont Park & Plaza Park from Closed from 10:00 p.m. until 6:00 a.m. to Closed from Sunset until Sunrise Ross Norton Ballfields, Frank Tack Park, Sid Lickton and Fred Cournoyer Center, Joe DiMaggio Complex - from various set hours to Open for Permitted Use Only Sand Key Bayside Park from Open 24 Hours Per Day to Closed from 9:00 p.m. to 6:00 a.m. Lawn Bowls & Shuffleboard Complex from Open for Permitted Use Only to City Owned Properties - Leased to Others New categories: Martin Luther King Recreation Park Area - Closed from 10:00 p.m. until 6:00 a.m. Del Oro Park Trail - Closed from Sunset until Sunrise Clearwater Beach Family Aquatic and Rec Complex Boat Ramp - Open 24 Hours Per Day Lawn Bowls & Shuffleboard Complex Park Area Only Closed from Sunset Until Sunrise Review Approval: Cover Memo Item # 29 Attachment number 1 Page 1 of 6 Item # 29 Attachment number 1 Page 2 of 6 Item # 29 Attachment number 1 Page 3 of 6 Item # 29 Attachment number 1 Page 4 of 6 Item # 29 Attachment number 1 Page 5 of 6 Item # 29 Attachment number 1 Page 6 of 6 Item # 29 10/20/2011 Meeting Date: City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Approve an Interlocal Agreement between the City of Clearwater and Pinellas County, for distribution of Pennies for Pinellas funds to the City for work completed as part of the Gulf Boulevard Improvement Program, authorize the appropriate officials to execute same and adopt Resolution 11-21. SUMMARY: In February 2002 by Resolution 02-1, the City of Clearwater entered into an agreement with Pinellas County for planning and design of certain improvements to the Gulf Beach Corridor and specifically Gulf Boulevard. The county recognized these improvements to be of countywide importance and committed to assist appropriate beach communities by contribution from the one-percent surtax more commonly known as Pennies for Pinellas. This has evolved to the current agreement - Pinellas County has agreed to reimburse the City of Clearwater and other appropriate cities for improvements to Gulf Boulevard completed on or after March 13, 2007. The City has completed appropriate improvements through the construction of Beach Walk that qualify the City for these reimbursements. In all, the amount to be reimbursed to the cities is $35 million prorated based upon centerline miles of Gulf Boulevard within each jurisdiction. Clearwater will receive 19.17% of the total or $6,708,380 to be paid over a period of seven years commencing in Fiscal Year 2013. The payment schedule included with the agreement indicates that the City will receive $670,838 per year for Fiscal Years 2013 through 2016 and $1,341,676 per year for Fiscal Years 2017 through 2019. The proceeds from this can be used to reimburse the funding sources for Beach Walk, which include the General Fund, Penny for Pinellas, Transportation Impact Fees and Road Millage. The exact distribution of the funds will be determined at a later date. Review Approval: Cover Memo Item # 30 Attachment number 1 Page 1 of 2 Item # 30 Attachment number 1 Page 2 of 2 Item # 30 2 Attachment number 2 Page 1 of 22 Item # 30 Attachment number 2 Page 2 of 22 Item # 30 Attachment number 2 Page 3 of 22 Item # 30 Attachment number 2 Page 4 of 22 Item # 30 Attachment number 2 Page 5 of 22 Item # 30 Attachment number 2 Page 6 of 22 Item # 30 Attachment number 2 Page 7 of 22 Item # 30 Attachment number 2 Page 8 of 22 Item # 30 Attachment number 2 Page 9 of 22 Item # 30 Attachment number 2 Page 10 of 22 Item # 30 Attachment number 2 Page 11 of 22 Item # 30 Attachment number 2 Page 12 of 22 Item # 30 Attachment number 2 Page 13 of 22 Item # 30 Attachment number 2 Page 14 of 22 Item # 30 Attachment number 2 Page 15 of 22 Item # 30 Attachment number 2 Page 16 of 22 Item # 30 Attachment number 2 Page 17 of 22 Item # 30 Attachment number 2 Page 18 of 22 Item # 30 Attachment number 2 Page 19 of 22 Item # 30 Attachment number 2 Page 20 of 22 Item # 30 Attachment number 2 Page 21 of 22 Item # 30 Attachment number 2 Page 22 of 22 Item # 30 10/20/2011 Meeting Date: City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Approve the Third Amendment to Contract For Purchase of Real Property by the City of Clearwater between the Times Publishing Company (Times), a Florida Corporation, St. Petersburg, Florida and the City of Clearwater (City), Clearwater, Florida, for the City to purchase from The Times real property described as Magnolia Park Subdivision, part of lot 3 lying East of Railroad, all of Lots 4,5,6 and 8 , plus the East 27 feet of lots 3 and 8, Block 11; together with Lot 3 less the West 4 feet, all of Lots 5,6,7, and 8 less the West 4 feet, Block 8, according to the plat thereof as recorded in Plat Book 1, Page 70, Public Records of Pinellas County, for the sum of $ 1,950,000 and authorize the appropriate officials to execute same, together with all documentation required to effect closing and approve the terms and conditions of the amended related temporary occupancy lease between the City and The Times Company, and authorize the appropriate officials to execute same. SUMMARY: The subject property is located at 710 Court Street in the Downtown District of Clearwater. The parcel is approximately 83,800 sq. ft., and is comprised of a single tenant office building with an adjacent parking lot. This property presents an opportunity for the City to acquire a strategically located parcel considered for a number of years as well suited for transit and/or governmental uses. Acquisition discussions between the parties have taken place over a period of years, but have not led to agreement. Now, however, due to current conditions in the real estate market, the City has been able to reach a mutually acceptable purchase arrangement with The Times Company to allow acquisition within designated funds in Penny for Pinellas. The original purchase price of $2.2 Million was close to the mid-point between two independent appraisals performed on the property and reflects a $26.29/sq. ft. blended valuation (structure and parking lot). Due to the subsequent finding during due diligence of environmental contamination on the site requiring remediation, the parties have agreed upon a revised purchase price of $1, 950,000, with a clawback provision that refunds to the Times Publishing Company any amount remaining out of the $250,000.00 reduction to the purchase price which is not utilized for environmental remediation by the City upon receipt of a No Further Action determination by FDEP (Florida Department of Environmental Protection) for use of the site as allowed by current zoning and land use regulations. Because The Times Company has the desire and need to find a relocation site for the Clearwater Bureau and an acceptable alternative has not yet been found, a companion lease would allow The Times Company to lease back the property for the statutorily-required $1 per annum minimum, triple net, with the City held completely harmless, for up to one year. The economic value of the leasehold, as reflected in the appraisal, was factored into the final purchase price. The amended lease provides the City the right of entry during the lease period for environmental testing/remediation and indemnifies the City from any/all claims due to the existent environmental conditions on the site during the tenant occupancy. Staff recommends approval of the amended Contract for Purchase and Business Lease Contract. Appropriation CodeAmountAppropriation Comment 315-92840 1) Legal 2) Clerk 3) Assistant City Manager ED 4) City Manager Review Approval: Cover Memo Item # 31 Attachment number 1 Page 1 of 4 Item # 31 Attachment number 1 Page 2 of 4 Item # 31 Attachment number 1 Page 3 of 4 Item # 31 Attachment number 1 Page 4 of 4 Item # 31 Attachment number 2 Page 1 of 3 Item # 31 Attachment number 2 Page 2 of 3 Item # 31 Attachment number 2 Page 3 of 3 Item # 31 10/20/2011 Meeting Date: City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Approve the Third Amendment to Contract For Purchase of Real Property by the City of Clearwater between the Court Street Enterprises Inc. and Joseph J. Hirschfeld, as Trustee, a Florida Corporation, St. Petersburg, Florida and the City of Clearwater (City), Clearwater, Florida, for City to purchase from Court Street Enterprises Inc. and Joseph J. Hirschfeld, real property described as a portion of Lots 2, 3, 8 and 9, Block 11, Magnolia Park, as recorded in Plat Book 3, Page 43, of the Public Records of Pinellas County, Florida for the sum of $475,000 and authorize appropriate officials to execute same, together with all documentation required to effect closing; and approve the terms and conditions of the amended related temporary occupancy lease between the City and David Allbritton Construction, Inc., David Allbritton, President, who is a principal of Court Street Enterprises Inc., and authorize the appropriate officials to execute same. SUMMARY: The subject property is located at 704 Court Street in the Downtown District of Clearwater. The parcel is approximately 19,368 sq. ft. This property presents an opportunity for the City to acquire a strategically located parcel considered for a number of years as well suited for transit and/or governmental uses. Due to current conditions in the real estate market, the City has been able to reach a mutually acceptable purchase arrangement with Court Street Enterprises Inc. and Joseph J. Hirschfeld, as Trustee, to allow acquisition within designated funds in Penny for Pinellas. The original purchase price of $525,000 was close to the mid-point between two independent appraisals performed on the property and reflects a $27.10/sq. ft. Due to the subsequent finding during due diligence of environmental contamination on the site requiring remediation, the parties have agreed upon a revised purchase price of $475,000. Because David Allbritton, a principal of Court Street Enterprises Inc. has the desire and need to find a relocation site to continue his business operations and an acceptable alternative has not yet been found, a companion lease would allow his company, David Allbritton Construction, Inc. to lease back the property for the statutorily required $1 per annum minimum, triple net, with the City held completely harmless, for up to one year. The economic value of the leasehold, as reflected in the appraisal, was factored into the final purchase price. The amended lease provides the City the right of entry during the lease period for environmental testing/remediation and indemnifies the City from any/all claims due to the existent environmental conditions on the site during the tenant occupancy. Staff recommends approval of the amended Contract for Purchase and Business Lease Contract. 1) Legal 2) Clerk 3) City Manager Review Approval: Cover Memo Item # 32 Attachment number 1 Page 1 of 2 Item # 32 Attachment number 1 Page 2 of 2 Item # 32 Attachment number 2 Page 1 of 4 Item # 32 Attachment number 2 Page 2 of 4 Item # 32 Attachment number 2 Page 3 of 4 Item # 32 Attachment number 2 Page 4 of 4 Item # 32 Meeting Date: 10/20/2011 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: City Attorney Evaluation SUMMARY: Review Approval: Cover Memo Item # 33 Meeting Date: 10/20/2011 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: City Manager Evaluation SUMMARY: Review Approval: Cover Memo Item # 34