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10/01/20121. Presentations WORK SESSION AGENDA Council Chambers - City Hall 10/1/2012 - 1:00 PM 1.l NACWA Gold & Silver Peak Performance Awards - Chief Operators, Loren Pratt, Jeff Borden, and Jack Sadowski � Attachments 2. Economic Development and Housing 2.1 Approve State Housing Initiatives Partnership (SHIP) Program annual reports for fiscal years 2009-2010, 2010-2011 and 2011-2012, and authorize the appropriate officials to execute same. (consent) L�: Attachments 3. Fire Department 3.1 Award a contract (purchase order) to Pierce Manufacturing Inc. of Appleton, WI. in the amount of $484,760.00 for the purchase of 1 new Pierce Heavy Duty Velocity Pumper, in accordance with Sec. 2.564 (1)(d), Code of Ordinances, — Other governmental bid, and authorize the appropriate officials to execute same. (consent) 6�' Attachments 3.2 Award a contract (purchase order) to Pierce Manufacturing Inc. of Appleton, WI. in the amount of $775,210.00 for the purchase of 1 new Pierce Heavy Duty Velocity Squad, in accordance with Sec. 2.564 (1)(d), Code of Ordinances, — Other governmental bid, and authorize the appropriate officials to execute same. (consent) [� Attachments 3.3 Award the Construction Manager (CM) at Risk contract to Biltmore Construction, of Belleair, Florida, to construct Fire Station 45 for a Guaranteed Maximum Price (GMP) of $10,924,121; approve a supplemental work order to HDR Engineering for $429,404; establish a final project budget of $13,301,250, recognizing a project budget increase of $5,243,730; authorize a loan from the Central Insurance Fund in the amount of $5,243,730 at the cash pool rate and authorize the appropriate officials to execute same. � Attachments 4. Information Technology 4.1 Award a contract (Purchase Order) to Oracle America, Inc., Redwood Shores, California for the period of October l, 2012 through September 30, 2013 for database maintenance at a cost not to exceed $217,010, in accordance with Sec. 2.564 (1)(b), Code of Ordinances, sole source, and authorize the appropriate officials to execute same. (consent) � Attachments 4.2 Award a contract (Purchase Order) to Verizon, Florida, Inc., St. Petersburg, Florida for telephone service including frame relay service, Tl's, credit/collect calls, backup trunks, VADI circuit, and DSL high bandwidth services during the period of October l, 2012 to September 30, 2013 at a cost not to exceed $234,840, in accordance with Sec. 2.564 (1)(e) Code of Ordinances, impractical to bid, and authorize the appropriate officials to execute same. (consent) � Attachments 5. Library 5.1 Award contracts (blanket purchase orders) to Baker and Taylor, Atlanta, GA -$265,000; Ingram Library Services, Atlanta, GA -$160,000; and Midwest Tape, Holland, OH -$70,000 for the purchase of library books and other materials for the contract period October 1, 2012 through September 30, 2013, and authorize the appropriate officials to execute same. (consent) �= Attachments 5.2 Approve a Memorandum of Understanding with St. Petersburg College (SPC) for funding a joint-use library operation on the SPC campus and authorize the appropriate officials to execute same. (consent) �- Attachments 6. Marine and Aviation 6.1 Approve Department of Environmental Protection (DEP) Agreement: MVO55 Amendment 1 for CVAl 1- 615 for Clean Vessel Act Grant Program funding for the operation, maintenance and repair of the Clearwater Beach Marina pump out vessel and authorize the appropriate officials to execute same. (consent) � Attachments 7. Police 7.1 Approve an agreement between the City of Clearwater and the School Board of Pinellas County, Florida providing for the continuation of the School Resource Officer program at Clearwater High School, Countryside High School and Oak Grove Middle School for a one-year period commencing July l, 2012 through June 30, 2013, and authorize the appropriate officials to execute same. (consent) L�= Attachments 8. Engineering 8.1 Approve request from the owner of property addressed at 2352 Timbercrest Circle South to vacate the southernmost 5 feet of a 10-foot Drainage and Utility Easement; and pass Ordinance 8364-12 on first reading (VAC2012-04). � Attachments 8.2 Award a Contract to Construction Manager at Risk, Biltmore Construction, of Belleair, FL., in an amount not to exceed $86,105, plus $3895 excess funding for unforeseen field conditions; establish a Capital Improvement Program (CIP) project for the Fire Training Facility Concrete Pad Repair; close completed projects returning funds to the General Fund; and authorize the appropriate officials to execute same. (consent) 6� Attachments 8.3 Approve a CDM Smith Supplemental Work Order in the amount of $378,398.59 for additional engineering design of the Reverse Osmosis Plant No. 1 Expansion Project (09-0018-UT); and authorize the appropriate officials to execute same. (consent) 6� Attachments 9. City Manager 9.1 Approve the Interlocal Agreement between the City and Pinellas County establishing terms and conditions associated with right-of-way vacations, impacts to County property and the transfer of real estate interests needed for the planned expansion of the Capitol Theatre; adopt Resolution 12-16; and authorize the appropriate officials to execute same, contingent on the passage and adoption of Ordinance 8363-12. � Attachments 10. Official Records and Legislative Services 10.1 Recommend Mayor George N. Cretekos as Clearwater's representative on the Tourist Development Council for a 4-year term beginning November l, 2012. (consent) � Attachments 10.2 Amend Council Rules l, 6 and 8 and adopt Resolution 12-17. � Attachments 10.3 Amend Council Policies 2.C, 4.M, 11.R , 16.T , 18.D, and 23.A. (consent) � Attachments 11. Legal 1 l.l Adopt Ordinance 8358-12 on second reading, removing the Designation as an Historic Property for the property located at 405 Cleveland Street, CapitoURoyalty Theatre, under Community Development Code Section 4-607. �= Attachments 11.2 Adopt Ordinance 8359-12 on second reading, removing the Designation as an Historic Property for the property located at 401 Cleveland Street, Clearwater Evening Sun/Lokey Building, under Community Development Code Section 4-607. � Attachments 11.3 Adopt Ordinance 8360-12 on second reading, amending Division 7, Section 2.194, Code of Ordinances, decreasing the meeting frequency of the Library Advisory Board. � Attachments 11.4 Adopt Ordinance 8361-12 on second reading, amending the Operating Budget for the Fiscal Year ending September 30, 2012 to reflect increases and decreases in revenues and expenditures for the General Fund, Special Program Fund, Special Development Fund, Water and Sewer Fund, Solid Waste Fund, Recycling Fund, Gas Fund, Marine Fund, Airpark Fund, Harborview Fund, and Administrative Services Fund. i� Attachments 11.5 Adopt Ordinance 8362-12 on second reading, amending the Capital Improvement Budget for the Fiscal Year ending September 30, 2012, to reflect a net increase of $851,003. � Attachments 11.6 Adopt Ordinance 8363-12 on second reading, vacating that certain portion of the 17-foot alley lying south of Lot 7, and the West 4134 feet of Lot 6, Block B, and vacating that certain portion of the 28 foot alley lying west of Lots 21,22, and 23 of Block B, both properties being described in the Plat titled J.R. Davey, et. Al. Resubdivision located in Plat Book l, Page 87 of the Public Records of Hillsborough County, of which Pinellas County was formerly a part. � Attachments 12. City Manager Verbal Reports 12.1 City Manager Verbal Reports � Attachments 13. Council Discussion Items 13.1 Amendment 4 � Attachments 14. Closing Comments by Mayor 15. Adjourn 16. Presentation(s) for Council Meeting 16.1 2012 Fire Prevention Week Proclamation - Fire MarshaUDivision Chief Steve Strong C� Attachments 16.2 World Ostomy Proclamation � Attachments 16.3 National Arts and Humanities Month Proclamation - Roberta Klar, Chairman of the Clearwater Arts Alliance C� Attachments 16.4 Public Natural Gas Week Proclamation - October 7-13, 2012 - Chuck Warrington, Dir. Clearwater Gas System C� Attachments Work Session Council Chambers - City Hall Meeting Date:10/1/2012 SUBJECT / RECOMMENDATION: NACWA Gold & Silver Peak Perfarmance Awards - Chief Operators, Loren Pratt, Jeff Borden, and Jack Sadowski SUMMARY: Review Approval: Cover Memo ��11�:�) Attachment number 1 \nPage 1 FOR IlVIMEDIATE RELEASE September 17, 2012 Contact: Heather Parsons (727) 562-4708 City of Clearwater's Water Reclamation Facilities Receive Three Awards CLEARWATER, Fla. — The City's East and Northeast Water Reclamation Facilities (WRF) were selected to receive the Gold Peak Performance Award and the Marshall Street WRF received the Silver Peak Performance Award from the National Association of Clean Water Agencies (NACWA), which recognizes public wastewater treatment facilities for their outstanding compliance records. The Gold PeakPerformance Awards honor treatment plants that have achieved 100 percent compliance with their National Pollutant Discharge Elimination System (NPDES) permit for 2011 while the Silver PeakPerformance Award is presented to facilities that experienced no more than five (5) exceedances of their National Pollutant Discharge Elimination System (NPDES) permit for the entire 2011 calendar year. "I am proud of all the efforts taken by the staff at the East, Northeast and Marshall Street WRFs to ensure we attained this superior level of compliance at our plants," said Tracy Mercer, Clearwater's Public Utilities Director. "Wastewater treatment is vitally important to a city's infrastructure and often goes unnoticed. This award is the result of dedicated service, superior knowledge and teamwork" The Wastewater Environmental Technologies Division of Public Utilities takes raw sewage and treats it to high standards for use as reclaimed water. Reclaimed water reduces our need to irrigate with highly valued drinking water, and reduces the discharge of reclaimed water to our surface waters. For more information on Clearwater's water quality efforts, contact Tracy Mercer at 562- 4960, or visit us online at www.myclearwater.com. E:�cfc3 I[�'ii�:�il Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: Meeting Date:10/1/2012 Approve State Housing Initiatives Partnership (SHIP) Program annual reports for �scal years 2009-2010, 2010-2011 and 2011-2012, and authorize the appropriate officials to execute same. (consent) SUMMARY: The Florida Legislature enacted the Williams E. Sadowski Affordable Housing Act in 1992. This act created a dedicated revenue source for the state and local housing trust funds. This dedicated revenue source funds state and local housing programs and assists local governments in meeting the housing needs of its population. The Sadowski Act created the State Housing initiatives Partnership (SHIP) Program. Given the state's budget shortfalls, funding for the SHIP Program has been drastically reduced over the years. The City received $97,329 for FY 2009-2010, zero dollars for Fiscal Year 2010-2011 and $96,983 for Fiscal Year 2011- 2012. We mainly used these SHIP funds and SHIP program income to match federal programs to be able to continue the city's housing programs. All local governments receiving SHIP funds must submit to Florida Housing Finance Corporation their annual reports by September 15 of every year. Recent changes to the Program now require the Mayor's signature on the certifications. The annual reports provide details of expended funds, encumbered funds and a proposal of any unused funds for the next fiscal year. The reports also provide information on the strategies funded, the number of households served, income category, age, family size, race and data regarding any special needs populations such as homeless persons, persons with disabilities and the elderly. The report is submitted electronically to the State. Through the SHIP Program, Economic Development and Housing has provided funding for the following housing activities: down payment and closing costs assistance, the rehabilitation of owner occupied single-family dwellings, and the acquisition and rehabilitation of one multi-family dwelling. During the program years covered by these reports, the City has assisted 27 households and has funds encumbered to assist at least another 5 households, and is projecting assistance for 30 households next year. Type: Current Year Budget?: Budget Adjustment Comments: Current Year Cost: Not to Exceed: For Fiscal Year: Other None Budget Adjustment: to Annual Operating Cost: Total Cost: None Review Approval: 1) Off'ice of Management and Budget 2) Lega13) Clerk 4) Assistant City Manager ED 5) City Manager 6) Clerk Cover Memo ��11�:�� CERTIFICATION On behalf of Citv of Clearwater, I hereby certify that the information presented (NAME OF LOCAL GOVERNMENT) herein is true and accurate as of the date of submission. Date Date Witness Chief Elected Official or Designee George N. Cretekos (Mayor) GENERAL INFORMATION Name of Person to call regarding the Annual Report Form: Terrv Malcolm-Smith Telephone Number. (727)_562-4036 ►.I' ::� Attachment number 1 \nPage 1 I[�'ii�:3�•l Attachment number 2 \nPage 1 ► ■ I' : : � CERTIFICATION For Implementation of Regulatory Reform Activities Required by S.H.I.P. On behalf of the City of Clearwater, I hereby certify that the following information is true and accurate as of the date of submission: 1) Permits as defined in s.163.3164(7) and (8)� for affordable housing projects are expedited to a greater degree than other proj ects; and 2) There is an ongoing process for review of local policies, ordinances, regulations, and plan provisions that increase the cost of housing prior to their adoption. 3) The cumulative cost per newly constructed housing per housing unit, from these actions for **FY 11-12 is estimated to be $196.00. 4) The cumulative cost per rehabilitated housing per housing unit, from these actions for **FY 11-12 is estimated to be $66.00. Date Date Witness Chief Elected Official or Designee Date Witness Or Date Attest (Seal) Geor�e N. Cretekos (Mavor� Name and Title City Manager William B. Horne, II(Citv Manager� Name and Title Date � 163.3164(7) of the Florida Statutes: "Development order" means any order granting, denying, or granting w th con f ons an application for a development permit. 163.3164(8) of the Florida Statutes: "Development permit" includes ��i d�g permit, zoning permit, subdivision approval, rezoning, certification, special exception, variance, or any other official action of local government having the effect of permitting the development of land. Form '! Attachment number 3 \nPage 1 Fvrm SHIP AR120a9 6T-3T.flp8(31�f], F.A.C. Effective date: 11l2Q09 T�tle: SHIP Annual R�port Report Status: Suk�rnitted Clearwater FY 200912�10 Page 1 I[�'ii�:3�•l SHIP Dis#rihutivn Summary Homeownersi�ip ��e `��:��t::w . - . j _ �������,� :_;: ���� . _ .,. . r i, :.:.. . , � ��. ;, .,. ..� , ;,:. ��s��i�.� � ,� �:5#ra�..:. � Purchase Assistan�e-with Rehab 3 Rehabilifatian Hattteawnership Totals: Rentals �.[� � t:��'�:: � ,�. . ' �:. 14 Rehabilitation-Rental Ren#a! Totals: Subto#afs: Additionai LJse o# Funds Arr�ti�'�:; s: _ �Y]nit�; $59,291.25 7 $135,759.94 g $195,Q51.19 16 xp�-��q, �s� Arrirauot U`n�is $1D,588.T5 � $1 �,5$8.75 � 52�5,639.94 17 ,���3= ;:&:� .,: ��... �.., . ���::: To#a[s�, �. . ,� a;� '. � ,: � t,-.t -.:.,.. ,.:..::.... ;. ..� ���€T;; i.,�:t:m : ��28,Q79:89.: TotR Attachment number 3 \nPage 2 Form SHIP AR12p09 67-37.0�8{3}{f�, �.A.C. EfFecli�e pate: T 4I2�p9 __�=,�,a; _..: ..: icurn#�ere.+d :. ��rrw¢; � Unencrrmbere� Amouttt>.,,. $ �r►a,��' , �P[tniar�nt � �>:. �; Er�c�b�cl 17 �$:���• :(�-µ,�°F;-<�, , $.�i4 , , :al SHIP Trust Fund il Re��nue (ACtual andlar An#icipa#ed] fvr Lo� �� Smurce .a � �:A, �^ �i�::: �1lmo�nt S#ate Annual Distribution $97,329.00 Pragram fncom� {fnteresty $7fifi.28 Program Incame {Payments} $'l25,ifl4.25 Recaptured Funds Ciisaster Funds $.Op FLHOP Disbursement $.pfl �#her Funds Carryo�er funds from previaus year $3,10fl.62 i'aial: $226,9q�.15 Form 2 * Carry Forward #a Next Year: -$1,'f'! 9.74 NQTE: This �arry fvrward amount will only be accurate when all revenue amounts and all expended, encumbered and unencumhered ambunts ha�e been added ta Fvrm 1 Item � 2 Page 2 Rentaf Unit Information .���:�����-� . . ,Asm. . : p. , - .,a �. r�x,,. 0�$a�l'��iiri & • .� Cifz 1 �eci�?;:�:: . . .. m:. .. �. .. . ;... :,..:�.. . .... �:�.�. Kimherly Fiome $�.flp Recap vf Funding Sources for Units Produced �r Bed :�� Attachment number 3 \nPage 3 Farm SHlP A1i12009 67-37.�08[3H�j, F.A.C. Effecti�e Rate: 1112fl�9 � ��_:_ �;,.�. +1.:��01 SHIP Pragram �omp[iance Summary - H�me DwnershiplCanstructionlRehah � �� ,�. , _ , a. ,t x.,. ,. �;g ,:,.,.,.> ��� ..�.. • ,��=��:�. -$ . . •. .._ , -, ;;: . - . . . ��` -�. ,. ra �, � .�� ;. ,�. , - �gHl�°�iii�i�i� �''� : . _ :��. � �.., s ,:° = �_� `.-�:.,w � .:�s &_ �"� �... . .:� :. s f �'un Hameawnership $135>051.09 $97,329.00 20�.4fl°/� Constr�cfian ! Rehabili#ation $172,134.94 $97,32g.QQ '17F,$fi�/a fi5% 75°/n Pragram Cvmpliance - Income 5ei-Asides ._. s.. , � ,. �. t 'c�s sHrP . b , �� ds _ , }�y� �p �y � :�" '��� tli � 1 .., .., . . ... . .} �.� � Si��� - k�i1 'b t 3.. .x. s��=, :. we �:� $ ; . _; w A y�..;;s,. ��. � � .� ,.;: •�:� . ' � ., ' ' � 3 i.5¢b d¢:����� _ FT � ' ��.Y:Sn .. . , � . . . � � . . .. � ..0 . ... e � � i . .' .� s. 6�.:r ..• .. . � � [' �•�: :3b� .'�": . ..:�a:: ded Er�c� �e .. .. :.,. � ' .�::. ,. .. ......W.., w .... �... . xn� ,. ,.... : .. �.. .. ... ..,..,.. .°w � � °• � M.�. ��.. . . ;:-:;:.y:.����„ . : _,t�:. G :� .. . '.� Extremely Low $tfl,220.�Q $10,220.fiQ Very ��w $56,774.86 $6f,T74.$fi Law $i28,644.48 $128,644.48 Moderate �,Qp Ovet' 12�°/a-�4�°Io $.flp O�er 14Q9�o �.flfl Tatals: $205,639.94 $.a� $.DD $205,fi39.94 Specia� Targe# Gro�ps for Funds Expe�ded �i.e. teachers, nurses, law enforcement, fire fghters, etc.] 5et Aside t.�t'�n � =� .: � � -.��: � � Special Target �`��` _ ::a .:` ..:: . a ,; . . .� -. , , �.� q . : ,� # �: �:;:;.: #:.3. �, � .: p� r �:�.� m '�1'�F.lj} .. �,.....: : �.: �� .. ,. _ �. „,.:: � '��e �; ..... _ ,_ [� �tJT1i�S �X�iB�L��tF �1ff1�S Praje�t Funding fvr Ex�ended Fur�ds Qnly Page 3 4.50°Io 29.43°/0 56.7�°Io .�D°/n .00°/0 .d0°Io 9�.63°Io Item # 2 Inctsr�� Ca . ,Total Fun a�= ,�'!�. ��;.: _�%�';��:�, . .,. Martga�e . :�Y= �:. :,� �� _ ' 1-pa[�s �=t�p�� . :'�&:¢ ..i��. ::a� . .. . . ExEremeEy Low $1D,22Q:60 Very Low $54,844.86 Lvw $128,�44.48 Moderafe D�Gr 12d°/o-14fl°/a ��er 140°Io Totals: $193,7D9.94 Form 3. Number of HouseholdsfU�its Prvduced & ��5� �$'�� ' . . . .,l^ .•.�r ��y . ,;•�; :i�• �:� ..� '.:ffi °vp''. '¥:?%: � S�%i.�.f3�1►Wa ' :€::. ..�. �'� .:� .: w:�'�, ��, ::;�, � ` . � �� �- 7[1[i. �, ^ :. �,� _ , :.�y �. �-�� . � �: a �,�Munici�i' m �;; �urchase Clearwater Assistance-with reha6 Rehahilitafion Clearwaier Rental Cfearwater Tnta€S: CharacteristicslAge {Head of Hvusehold� S� . 'Ci�.tail::�unds � `� ,:�1P G"rants =�' ,� � ;� F��,� =� � � 1 5 $11,93(3.�� 10 16 $11,930.D0 Attachment number 3 \nPage 4 �orm SHIP AR12009 67-37.008{3}{fj, F.A.C. EfFective bate: 1112009 -qn�"�tal:SHIP . :�"o�tl # °� ° � lJni#s ' Fsaa��ds -':.�..,,, � �.E�tpeitde�! , $10,22(1.60 '[ 1 $66,774.86 fi $'128,644.4$ 1 � �.aa o $.�0 0 $.Dd fl 7 $205,639.94 17 �a� � � <� ��; . � ';�>.::n:s�: ��Ver ..�. : � :., . :�; � : " :.'�2�1°/u- �iWB[: �' g,; =V 1 Law; �: �II[+o� t;����a 440'f6 1 fi '1 5 3 1 1 fi 90 Totats: 9 3 T 6 17 Famiiy Size Race �Head of Hvusehoid] Totals: 10 l f 7 Item # 2 Page 4 �J� �� 7 1 17 Attachment number 3 \nPage 5 Form SHIP ARIZa09 67-37.008[3}[t], F.A.C. Effective �ate: 1112009 Tof�a[s: 4 D 6 9 1 T Sp�cial Needs {Any Member of Hvuseho�dj � . a . .���; :� ��:. .� � ix �� p$ :�3 3•��t � ; �.; , , . , , . - �. . � .a .�_�� �. Po. �� � :�; � �;; �. ,,. ...� � xi� tt ;�a� , & ,._ . r�: , m ., ff : ;. ,... ,.,.,... Farh..�=.. ::. �� � r: . ,._� < ��� .: • . �. .. .. . .._,sz � � : ,. ... . .,, ..�"s, . . V��.� �. � ._ ___F%�' ; . _. . ��M � � . a. � .�.,,�_.. ... . _. ._ ___. ��. Purchase I Ckearwat�r � � I � �� � Assistance-with I rehab � Rehabilitation Rentaa rota�s: Fvrm 4 Status of Irtcenti�e 5trategies Incenfi�e Strategy: �� � � 5 s The City of Clearwater has prepared a Locai Hausing Assis#ance P1an (L.HA�j far fiscal years 2012-2015 #hat is c.ansistent with th� Florida 5tatutes and the Florida Administrati�e codes [FAC]. Hausing incenti�es contained wit#iin the City's �HAP are: Expedited Permitting Dngoing Review Process Adap#ing Qrdinance or Resolutian Nurnber or identify IQCaf paii�y: Resolution Number 12-Q8. Implementa#ion 5chedule [Date): Ongoing Has th� pfan ar strategy heen implernented? If na, describe the steps that will b� taken to iri�plement the pian: Ye5 5tatus �f Strategy -�is the strategy functioni�g as inE�nded, i.e. are the time frames being met, etc.}: Both strategies are being met and continue to be e�afuated to impmve efficiency. 5upport Servic�s Page 5 I[�'ii�:3�•l Attachment number 3 \nPage 6 farm SHIP AR120Q9 E7-3T.f108{3}{fj, �.A.C. Effe�tive Date; 'f i12009 5upport serviGes are a�ailabfe from various sources, for example, not-for-profi# agen�ies warking as par#ners wi#h the Gity. A�ailable support services may include t�ut are not limited ta: Wvmebuyers Edur.ation: Thraugh Tam�a 6ay Cflmmunity Qe�eiopment Corparation; Clearwater fVeighbort}ood Housing Servi�es and Community Ser�ice Foundation, the homebuy�r education and counseling programs are pro�ided to homebuysrs who purchase properties within #he �ity limits of Clearwater. The goal of the education and counseling is ta educate potentia] huyers regarding all aspects of fhe F�ame buying prflcess in an effor# ta increase the rate af sucessful harne�wnership. Fair Housing: Gulfcoast Legal Services housing preservation proj�ct sesks ta provide legal assistance to low ta moderate-income residents of Clearwater who are �ictims of predatary lending practices, fnreclosure rescue scams, persons experiencing or who ha�e experienced discrimination andlor fraud in housing and remedy these matters through negotita#ian, mediation or litigatian and to assist reside�rts in filing complaint re�garding �ialations of �air Housing Laws. Pregnancy Counseling: KimE�erly Home provides housing, educatio�, r.ase counseling, life skil�s traiRing and other supparti�e servi�es for pregnant youth. �Iderfy Ser►rices: Pinellas �ppartunity Council, Inc. promotes befter li�able oppartunities by pro�iding ser►rices to the elderly and frail.Th�. CF�are Services pmgram helps to alleviate blig}it and rrea#e a sens� of pride in their �ammunity by pro�iding heavy househpld Gleanirtg, yard work and minar repairs. Health Care: Willow Carsor� Health Center provides accessible, quality, culturally-sensitive health care to the uninsured and underserved at no cost. QEher A�camplishments Kimber�y Hvme pro�ides pregnant mothers wifh assessments, crisis intervention services, individual case mar�agernent, mentoring and coordinating services witi� community resourees and the opportunity for �ar,ational and educa#iana[ training. Kimberly F{ame's gaal is to ensure that all new mothers and families make a healthy and p�rmanent transition to financial self-sufficiency and independent living. Fpr many years, Kimberly Hame has heen ad�ocating for and assistin� wamen in crisis pregnan�y situaGons. The organization has expanded its focus to in�lude a transitional housing prnject. The praject will allnw Kimberly Home io �ontinue its ongoing commitment to the needs of expec#ant mflthtrs and their �hildren. The Kirnbeely Flame campus sits on a secluded and quain# s#reet. The argani�ation owns three of the fi�e hui[dings Iocated on this street. The oiher two buildings were owned by in��stnrs. ❑ver the past s�veral years, #here ha�e �een safety issu�s with regard #o the acti�ities of the tenanfs on the premises adjoining the Kimberly Home campus which required ihe assistan�e of the paGce department. �ne af the dilapidated buildings was plar.ed for a short sale. The management of Kimberly Wome was excited because they saw an a�enue to expand the transitionaf ho�sing camponent of the organization. The gaal of the ager�cy was na# or�ly to acquire the property for the expansion of Eheir.campus, #�ut to. get rid of tF�e unsafs environment and ta impm�e t�e quality of neighborhood. Kim6er;y Home mac4e an application fQr a$4�,OOfl ]oan from the City fior the purchase af #he dilapidated house. The agen�y was ad�ised by their realtor that the seller had received mul#iple offers far this praperty. Th� agency was nervous �ecause they were sure that the sefler woufd be e�ti�ed by the biggest ofFer. This was not the case, the seller was very impressed with the idea af expanding the Kirnberly Home campus. Kimberly Home was able to sign the purchase for saEe contract for $45,D00. The City approverS the agency's request for $4D,DD(1 using funds from Home fn�estment Par#nership Pragram [MOME Rrogramy and 5tate InitiaGves Partnership Program (SHIP Program}. After the acquisition of #h� property, th� agency was told that the property needed o�er $1(3fl,000 to bring the dwelling up ta code. The work scope prepared for #he property showed the need fpr rnany repairs to include sixteen windows that needed rep[acemen#, extensive mold remediation, ceiling replacemen# arsd a new HUAC sys#em. With a colla�arative effort af th� agency's �artners and the City, the dwelling was transformed in#o a comfortable two-family home. The agency has expanded i#s transi#ional housing campnn�nt to assist women in need. A�ailability fvr Public inspectivn and Camments 7he Cfty's Annual Report was made a�ailabfe far public inspection and comments at the Hausing ❑ivision in City Hall. flefault and Foreclosure Mortgage Fareclasures A. Very low incnme hauseholds in foreci�sure: 0 I[�'ii�:3�•l Page 6 Attachment number 3 \nPage 7 �vrm SHIP ARI20Q9 67-37.008{3j{f], F.A.C. Effecti�e flate: 1112D09 B. �ow incnme hausehalds in fore�iosur�: C. Mqderate households in forecfosure: Mnrtgage Defaults A. Very low incame �ouseh4lds in defiault: B. Lnw incame households in default: C. Moderate hauseholds irt default: Welfare to Work Programs NIA Strategies and Production Costs 0 fl � � a Expended Funds Totaf llnit Couni: 17 Total Expended Amoun#: $205,�4U.0� .: ,.. ..,. :.. �:: . ,, � .. e� �x. :����= . . x. Fuil:��rx'�� . �`°�0.d �.. ___• �..- ,,�3:; ,... .. ` � ���� : ; �;:`_., , : t � � �.: �i � � �� ' ' : � ett tJt�' xi=„�: � �.���3�: _.ra ����. ��::::. �;:.,:j • #� . , ' Gside ��ids;; trr�teci::� �.,t - ��� . � �, ;���;_...... ' €� , ..,.. , :..:,. . ::: �:. Purchase LaDrea You�g 1843 Fuller Dri�e Clearwater 33755 $6,515.q0 ❑ Assistanc� with- Rehab Purchase Tonya Davis '1842 �uller Drive Clearwater 33755 $7,755.00 � Assistan�e with- Rehab Purchase Amy Summers 311 Sou#h Mercury Ciearwater 337�5 $3,848.75 +] Assistan�e with- Reh�b Pu�chase Wayne 1531 Linwaod arive Clearwater 33755 $3,9'[2.5� ❑ Assistan�e with- McE�illy Rehab Purchase Jon Tutko 1155 Commodore Clearwa#er 33755 $17,775.OQ � Assistance with- 5treet Rehab Purchase De�orah 1433 Jne1 Lane Clearwater 33i5fi $3,745.f30 � Assistance with- Nickerson Rehab F'ur�hase .leremy 141D Brawning Clearwater 33755 $15,73D,OQ � Assistan�e with- Allamong Street Rehab Rehahifitation ❑iane Wilson 1559 Magnolia Clearwaier 33755 $12,7fi5.fi5 � Avenue Reha}�ilitation Nancy Buhlerf 1960 Unian Sfreet, Clearwater 33763 $1fl,220.60 � #35 Reha�ilitatian George 381 S. McMullen Clearwaier 33759 $6,373,$1 � Scicluna Booth Road Rehabilita#ian Bernice 9�409 Taf# A�e�ue Clearwater 33755 $1'[,93fl.fl0 [� Poinseti Item # 2 Page 7 Attachment number 3 \nPage 8 Form SHIP AR12��9 67-37.0�8{3}[f}, Fa4.C. �ifective Date: 11l2G09 Ftehahilitation Ireatha Pflole 7[34 Pe�nsyl�ania �learwater 33755 $7,9�5.18 ❑ Avenue Rehabilitatian Jessie Glackin 808 Regent A�enue Clearwater 33764 $25,487.fi0 ❑ Ftehabilitation Genethal '12415eminole Clearwa#�r 33755 $2,452.T0 � Fel#on Street Re�abilitation Eddie 704 Nicholson �treet Ciearwater 33i55 $4U,8Q4.fi0 � 5tephens Rehabilita#ion Anthony 2052 Kings Flighway Cfearwater 33755 $17,899.70 � James # 1 Rehabilitati�n- Jean Clark 1'192 Browns Court Clearwater 33755 $7d,588,75 � Rental Administrati�e Expenditures City of Clearwater $22,379.95 Sub Recipients and Consultants m Income Loart Repayment: Refnance: Fareclosure: Sale of RrQperty: Interest Earned: Other {8and}: Total: Explanation of Recaptured funds �; -.�°�.�r $3,101.85 $32,740.70 �zfl,QQ�.vo $54,88f3.55 $7fifi.28 $?4,981.15 $125,47�.53 Item # 2 Page 8 Attachment number 3 \nPage 9 Farm 5HlP AW20p9 67-37.QQ8[3Hf}, F.A.C. Effective oate: 1112009 Item # 2 Page 9 Form '� Attachment number 4 \nPage 1 Form SHIP AR12009 67-37.008[3)(f}, F.A.C. EffeCtive Clate: 11120D9 Title: SHIP Annual R�pvrt Report Staius: 5ufomitted Clearwater FY 2U1�12011 Page 1 I[�'ii�:3�•l SHIP Distrihu#ifln Summary Hameownership g x:.;�.'Y:�x'< ¢:�;::;z?:•.ad- .c�.'. . :; e • , .. . �;���. ��,. �'s : ,. .... . . ��trategyM: . . 1 Purchase Assistance with- Rehab 3 Rehabilitation Womeawnership Totals: Rentals . . .. . :k� .. , � �« .. .. . . . .r.:.�+'�.°.^•q�J.r�4� �"�,��.•-��i�'it ..... : ... .. ... . ... ...: . .... . �}1Bi1��` ER�C;IJ,�CI�1Bf� ; ; mo�nt !]nii� w;�i�i�r�i ` $39,34$.fi3 ,�.� $7,22fi.13 �39,348.83 g � ,,:-.E7[�1Bfll�@£� a:�;.�.z�:.......� �, $89 ,�444.25 $ss,s7o.�s 1 �1 �, � Rental Totais: Subta#ais: $.39,34$.fi3 1 � $88,670.38 g Addi�i�na! Use vf Funds Attachment number 4 \nPage 2 Form SHIP ARI2009 67-37.a084�}�f]. F.A.C. Effe�ti�e Date: 1112Qp9 , _.,..., � , _ �.,,. _ ,. ... , .�, �s . �� ,. ,....... � A i �,�,3= ��stals; �� � ��`��°��, ,�,,,. ,a 5+1V.1Z 'l i �K� �(" .� �5 = �r. ��$:�i g . .. . .. ` '.`�'�,,'��� .. .,,.,.« ., 3. T� . ' � . ' :%� �}IJ?�as:a!y,�.'-'. ��. . � . . .;e�.F��', '• . Total Re�enue {A�tual andlvrAnticipated� for Lvcaf SH1P Trust Fund ::� . ;�. ,, _ ; � ,. .... : SaurGe . .. ��; �.�-�,� q�=�' ro .::.. , �,�ro�� : .m , .: . � „- -�-. � �� � ��. . 5tate Annual €]istri�ufian Program Income {Interes#} Program fncome [Paymen#s} $1D�,OD4.99 Recaptured Funds Disast�r Funds Ott�er Funds Carrya�er funds from pre�iaus year -$1.,119.7� Total: $7�0,885.25 Form 2 Page 2 * Carry Farward tv Hext Year: -$37,33+4.�5 NQT�: This carry farward amo�[nt will pnly be a��urate when a€€ revenue amaunts and aft expended, encurrr{�ered and unencurnbered ampunts have been added to Form 1 I[�'ii�:3�•l Rental llnit Informa#ivn �`� � �Desr.�riptiiiri'$'��`�° �` . ' i 6sd 3. . , .� . ,,,. , ���.� _ Recap af Funding Snurces #or Units Prvdu�ed =��^;8�� ,' �:� �Po� �..��>3 8 Attachment number 4 \nPage 3 Fvrm SMIP AR12Q09 67-37.008(3]�f], �.A.G_ �fFecti�e Date: 3 3120Q9 � �,`dse�d.. SHIP Prvgram Campiiance Summary - Hvme QwnershiplCvnstructionlRehai� :.q•�, ��� � n�• �'"Z; ' £.°..:. f 1'. ��� � .n.�e 3 � i:�• � F ' _ a .» + & , 3 �s .:: .... � . . . , : ..,�:., ' � `:o .. .... �� � . .y. .: .,. :�. . .. ... . . . � �x, • m ;�,or�p ` ; � , :, SHlPt �u��is T�st Fun�l�s , '9a ��'firusi�i� Hpme�wnership $39,348.6.3 $.OD #Ermr 55°/a CansVuction ! Rehabilitation $23,873.53 �.00 #Error 75°/0 Program Compliance - Ir��vme Set-A51CIQ5 � ' tnaome ' �;� �1��u� ;�SH� " I of ' a,�. , a�-` �i�rnhare�'ci �1 "� � � �=�t. � , . � � , �� �uia � ��e�i� �; „ .., $�=F , ��p�, � _ ���.. s�� � x ��,��:��- ,.. ,, � � .,< �� ,��� a, , . ,:;.a���:e a. ,t > . ,,. ,�.. ��. ,. ,�� �. , ,.3�,, . . . ;:�, -=��3=; . .�. x 3. ��� Extremely I�aw $44,202.90. $44,202.9D 43.$2°/0 Very Low $.00 .E10°Io l.ow �39,348.63 $44,467.4$ $$3,816.11 83.D8°Io Moderate $.�� .pp°Ia Totdls: $39,348.E3 $8$,�70.3$ $.00 $12$,i]79.01 126.90°/0 5pecial Targe# Groups for Funds Expended �i.e. teachers, nurs�s, law enforcemen'#, fire fighters, et�.� Set Aside Project Furtding for Expended F'unds D�ly �; � :;�n�viM� �ateg� �r�ga =��: ���°;x'.. Po ,.. �. �iil�� � � L1PL lfnif ;�:� �: °, : `: :. � �.�ra. x�: x � � . �x: ' :�;z:r : Extremely Low Very Low Low $39,348.fi3 Moderate � , Totai �trti ��� �H[P [���� �A��rc� � ,�..��;.� A=.�-: a,� ��: ��: 71 Tntals: $39,34$.B3 '# 1 $.�� Page 3 ��e �� �s: r�pei�sa��:�,�:.: ���. , s �:�. �.a.�;�, �.�a�-a�, ���°`�:�ce�'�: $.�0 fl �.ao a $39,348.fi3 19 $.DO (1 � $39,348.63 Ite�t 2 Attachment number 4 \nPage 4 Form SHiP ARI2o�9 87-37.�08i31ifl. F.A.C. Effeotive �ate: 71120�9 Form 3 Numher of HouseholdslUnits Prod�ced Tvtals: CharacteristicslAge �Head af Household} 7t 11 r�t���: s � � � Family 5ize TataEs: 3 7 1 1'[ Ra�e �Head of Hvusehvld] Tatals: i 7 3 Special Needs �Any Memher of Hvuseholdj ���x � ..�_ .�...: >, � �' �. .. � �:' '.f� . � .. '�'k" A .. .,.`.i.'�. _. ti-1: . �tt�: ...7'��T�s'�'�:�:ir ..6'a.`]�?��Si.. .,. ' ' . �'�aZ�"5'�''RS� s:� �"ii�: Aurchase Assistance Clearwater with-Rehab Fnrm 4 � . . Tatals: �age 4 . �x r,��:.'�' �. �: a- ,•z�.a�.i: .`• x�,%;' . 9'I I[�'ii�:3�•l � n Attachment number 4 \nPage 5 Farm SHIP AW20a9 fi7-37.008(3}[ij, F.A.C. Effecti�e date= 1112D09 Expended Funds $39,349.a� , , f . :.. :.. .. ....,�. - Mr /� Str� " . . .. , x'Adtfress..<<� �:: - � a : ,�:, 3. : _.,..:. , . �=a • . .. .. � '�: #�e d'. k..&ia,s�%.� .� . �/�� nS�s- 4■�,{ �. :�.�� �s; _ �.�i' `' � ..;� '��k: ;. _ .. a .... , , .,.,....,., , , ..:,.. .... . a....._...- Purchase 5tephanie Nall 125� Forest Hill Ciearwater 33756 $3,9'E2.50 � Assistance with- ❑rive Rehab Purchase Christopher 292D Saint John Clearwater 33759 $3,912.5Q ❑ Assistance with- Mills �ri�e Rehab Purchase Lori Ftice 1429 5pringdale Clearwater 33755 $3,fi33.83 [] Assistar�re with- 5treet Rehab Furchase Christine Miller 1735 5aint Croix Clearwater 33759 $3,912.5a � Assistance wi#h- Dri�e Rehab Purchase Kenneth Pitts 1784 Harbvr �ri�e Cfearwater 33755 $3,T87.5a � Assis#ance with- Rehab Purchase Joel Charrez- 127'1 Fruit�and ❑rive Clearwater 337G4 $3,785.�D [] Assistan�e wi#h- Rodrique Rehab Purchase []ana Magaraci 2Q52 7he Mafl Clearwater 33755 $1,749.25 � Assisfance with- Rehab Purchase Odilis 7475. Pine Street C�earwater 33T56 $3,941.25 � Assistan�e with- Marmolejas Rehab #'urchase Juan Chagoya 1870 McKinley Clearwater 33765 $3,812.5Q � Assistance with- 5treet Reha6 Purchase Meredith Hess 1Q1 N, pun�an Clearwater 33755 $3,922.5Q � Assistance with- Avenue Rehab Purchase Matthew 3'15 S. Mercury Clearwater 33755 $2,987.50 [] Assistance with- Koechfin Avenue Rehab Cfearwater 2�10 Interim-1 Page 5 I[�'ii�:3�•l Form 9 Attachment number 5 \nPage 1 Form SFiiP AR12D09 87-37.008{3)(f}, F.A.C. Effecii�e �afe� 11120�9 Title: SHIP Annua[ Rep�r°t Report Status: 5uhmitted Clearwater FY 2�1112�12 Page 1 I[�'ii�:3�•l SHIP Distrihution Summary H�meownership , t ��_ _.�>:.- �.,m. . �.�. .�� �.� ::.�+��� � ., a } �ec'�41� a e�� z°.s; ` 1 Purchase Assista�ce with- Rehab 3 Rehabifitation Nameownership Tata[s: Rentafs � � ��s: , r .. . ,E �� . S#rate�y � �� .� :� 14 RehabilitaGnn-Rental Ren#al Tvtals: Suhtotals: Additivnal Use of F�nds , , �.;. ,:. .. .. .. � :$. I� �.: �►� �,� , . En�.F�!� �`:.. . .: .�. -��-. �3-: _ ��s li1�i.' .. ....�... e :�it�$' � ::jA1fiIL��1i�1'�, . . : �:F17 . , �; ;� a�c:�m�i etd' Attachment number 5 \nPage 2 Form SHIP AR12009 fi7-37.908(3J�fj, F.A.C. Effective d8te: 9112D09 ����b � �ti�i�'_ �riif� $125,oao.00 �� $900,D��.�a g ��z�,000.oa zs $26,8D8.74 $26,808.T4 $�51,808.74 � � � ��,�. �:, . . > � , _ w .. ,. . .. , w.. r '�. ..a : x, ' ' • 'a�v,yt¢3Pf' : ,... . .. . .. :.: p::..€�" Y's . . � �x .�n. .. �ao-:b?g•i < �.... � w _ a. . . .,� ....�... . • . ^.i � .;.s:,t:;W- , y..�. �Q.,,:w.,,°� .:�: ..:, ...- , �` ...� ...... - . . �:,...;� f .:,: »�::w .. . . : .�.� � �?�:�0; ; .. . r��. �:;a-� :;;.: =::: . ,Po.,Po,w.._w_., ._ ,._,.., ,.,.�.._��.Po _ . .. ��n; t���� »...tns.. . .���....a ... ���. Tatal Re�enue [Actual andlar An#icipatedj for Local SHiP Trust Fund � � .,a . �a, : . � y:�u� �:�t�:,'g�:: �rount:. ' .....aP.. . . . State Annual Distri6ution $96,983.00 Program ]ncome (Interes#y $1,925.52 Program incortte �Paymentsj $199,802.ti5 Recaptured Funds Disaster Funds �ther Funds Carryo�er #unds from previo�s year -$37,334.25 Tatal: $261,3�6.32 Farm 2 * Carry Forward ta Nexi Year: $.�0 NQTE: This carry forward amount will only be accura#e when all revenue amounts and all expended, encumbered and unen�umbered amosanfs have been added to Fprm 1 Item # 2 Page 2 Rental llnit �nfvrmativn :Descr�l�[±�` ` ;�F.<Y = ,:� � y���; Recap af Funding 5ources for Units Produced Attachment number 5 \nPage 3 Form SHIP ARI2Q69 67-37.fl08{3}�f], �.A.G. Effecti►!e �ate: 31I2�09 � >�4 Bed SHEP Program Compfiance Summary �- Hvme �wnershiplCons#ructionlRehah ., m i,a . ��„ , . .. � _�_ � ,;;t,�, � .> a r,A . nn , _ t-� � . s,: s:: _ _. ,. -„ ��;_ . ra,, �a:, . : ... : . . ,� t: ,:�:.:: �Co�npfiaiiGe;ea#egory = ., � s'E; �� . HOt�1e�W�1�rShlp $225,Oa0.00 $9$,9$3.�Q 232.00°/o E5°Io Constructinn 1 Rehabilitatiar� $25'[,808.74 $98,983.�a 259.64°Ia 75°Io Pragram Campliance - Incom� 5et-Asides „,u ... :. ,y = 3� , .. . , , �:;Irr �c�r� . ��� �SHIR�F+,ind ....:.: ,. .. � ' �'� °5H[P:; ;+�fs ,.�. �::.s: . ...... .... �,.: ;:�._�.>- �ntled m . . eci' Un� � �F�ip� ; _�� �� a�:- ,._;�� _ ,�. m �.: x; , :°; ,,� a q:z�� . � , � ., � .. . ., � e. �:c::•_rs.: x..:. ..� i�:a<,t .� � . <... , ,� .�,:; .: . . ,.. . � ,.,, • ..:.�:::.. :... . _-u�-s :. . ° �z >�:�;.f � , .,..:.. � .._,:.,�, . . .. �.� . �� ., s . � Extremely Low $51,808.74 $51,8�8.74 Very Low $'IOO,a�Q.�� $'[fl0,Ofl0.flD Law $1�D,OOO.DO $100,QOOAO Modera#e $.�Q Tntals: $.00 $.fl� $251,8D8.74 $251,8[38.74 5pecial Target Grvups fvr Funds Expended [i.e. teach�rs, nurses, law enfvrcement, fire fighters, etc.] 5et Aside _ .. w � t: , . ,.,,, � • : _ �Po,; : ,� w . : . a::k:� - , a�� �;��M ;� .. �._.�:: . �:',�e� ti4n _ , �:-��T��9e ��.� ;, �� x° :. q, a t ;.Tia ,.:: ..., � p ,.. : ;,,;,. ; ,r;:� 5 , .' uP ` ' � z� � � F���i`Ftrrid�' ,, : �$ n m� nd . .�:. Praject Fundir�g for Expended Funds Only ,.. . , W:�x� �� � ,.�s . b. ;i�at�te �a�tea�nry: '' �=T,c� ' t'#g���� . T�a[ Funds ,i,�9-[! l �: � � � .; �,��.Rn..,.. �. ��. .t Po : ;�� r� �b�x�; - 'SH1P Grants� _; %u�ids � ,. - , ::�,:, ._:° . , � � �a.• 3<� . � �:z;. - „�� . . �..:�:>• � �.; .:.,� ... ,� .......:..... . .. � ,. � �. �_. < ��:� :�.M��:��n; � :;�?�t�, mf:� �=�LdnFt`#s ` pande� ....,. . . .. °�° ..... ,. , _ �:,�,.:��:: , �:�. : , . , ....::;_,=: :.:�::, �... . _ _:..:..: .....n a�sgt � ;;� : ��_ m �.. '� w�.. . .:......:....:.. . .. . ... .. . . .. .. . ,. _ . A>> � _.., _ �..r.. .:a..� Po. w .. . �::..: : _ �: ..... . ,.: ... :ra.,:. . .... ,:,. w �. .. .. �. . x �,�.,a;$�,.: �-. � Extremely Lvw $.pp p Very Low $.fl� D Low $,�fl 0 M�derate $.0{l 0 rotaEs: �.00 0 �.aa o �-oo Item 2 Page 3 Attachment number 5 \nPage 4 Form SHIP AR12Q09 fi7-37:D08{3){f}, F.A.C. Efiedi�e Date: # 112fJ09 Form 3 Number of HousehoidslUnits Prvd�ced rota�s: a Characteristi�slAge [Head of Household) Tata[s: fl Family 5ize Totals: 0 Race jHead of Househvid] Totals: a Spe�ia[ Needs [Any Member of Household} � � z����� ���� - ;� � . : n8 n , ; "a � �...,. =:-w, .. , . �° _� s � - , .��� W,� :.,.:�. ,t� , , , � , � �;, .. , .� ;, ,. � , � : ., . , . ,:.., .,,,. K....n; , �° �. �� ��, ; n � ,. � ,, �� ; m. .. .. M � : .. . � , �.� . .; , , , ��.xA� Qe�sc�`� . ..R � Pgc � as�an� w , . _ :�y �:� ,� EI��Y ; x� . �� , :� .N�: K, � , Totals: Form 4 Page 4 I[�'ii�:3�•l Expended Funds Attachment number 5 \nPage 5 �orrn SHIP AR120[l9 6�-37.00${3}[t], F.A.C. Effectirie Date: 9'i12009 ,t.. , q �g a, Strate 3: ;... �:. t[9 �: e < 9Y . . .. � . . ,x ; � . � � . ��:��. $'$��,� �, ..�'.�s.m 3 . Y . .�£x.$`. Y8 �"'�( . .. � .. ' Pd��'�"..:�a� '-.�„,S&"3�1^3s�...3� . . . ._ .-���1.�I�4.� s ... Clearwater 2011 Interim-2 P�ge 5 I[�'ii�:3�•l Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: Meeting Date:10/1/2012 Award a contract (purchase order) to Pierce Manufacturing Inc. of Appleton, WI. in the amount of $484,760.00 for the purchase of 1 new Pierce Heavy Duty Velocity Pumper, in accordance with Sec. 2.564 (1)(d), Code of Ordinances, — Other governmental bid, and authorize the appropriate of�cials to execute same. (consent) SUMMARY: The Department desires purchasing a heavy-duty front line pumper (engine) to replace Engine 50, purchased in 1999, and will move the current Engine 50 to the reserve fleet to maintain required reserve units. The full price for one fire engine is $499,760.00. The manufacturer has offered a discount of $15,000 if paid for in full at time of order. The department desires to take advantage of this discount. A performance bond has been provided. The current CIl' project 91218, Fire Engine Replacement, has $508,350 of cash funding available. The City will be reimbursed by the County for a portion of the purchase, approximately 12%, as the vehicle will support �re operations in the unincorporated areas of the Clearwater Fire District. The Department has determined the Pierce Heavy Duty Velocity Pumper built by Pierce Manufacturing meets the operational needs of the Department. Estimated annual operating costs in the department's annual operating budget include fuel and routine garage charges for operating the new vehicle. Garage charges on the new vehicle are expected to be less than on the replaced vehicle. This purchase is a piggyback of Lake County Contract 08-0803. The Pierce fire engine is the City of Clearwater Fire and Rescue Department standard for the purpose of training and maintenance. Custom components have been added to meet the needs of the fire district and surrounding municipalities. Warranty: Limited 1 year warranty for 12 months free of defects in material and warkmanship; 3 year warranty on the Impel/Velocity custom chassis; lifetime on chassis frame crossmembers, Imp/Vel; 5 year on EVS transmission; 5 years on command zone components, Chassis, VeUlmpel/Qtm/AXT; lifetime on UPF and water tank; 5 years on waterous (pump); 10 year on S/S plumbing and standard paint; 10 yrs or 100,000 on vehicle cab and body; and 5 year or 100,000 mile warranty on engine provided by Cummins. Maintenance: Ten-8 Fire Equipment, Inc., a full service apparatus repair facility, will perfarm all of the warranty wark. Our City's General Services Division will perfarm routine maintenance and testing. Annual pump testing will be performed by our Logistics Bureau in accordance with NFPA standards. Any additional repairs can be contracted through Ten-8 at an additional cost per their service fee schedule. A heavy-duty velocity pumper provides exceptional pumping water capability, enhanced storage capability, lower vehicle pro�le and will significantly up-grade the abilities of the engine it replaces. The proposal for �re apparatus confarms to all Federal Department of Transportation (DOT) rules and regulations in effect at the time of bid, and with all National Fire Protection Association (NFPA) Guidelines for Automotive Fire Apparatus as published at the time of bid, except as modified by customer specifications. Pierce Manufacturing operates a Quality Management System under the requirements of ISO 9001. The apparatus will meet the current NFPA 1901 recommendations and will maintain design and operational features consistent with the department's needs. cover Memo I[�'ii�:�c3 Type: Purchase Current Year Budget?: Yes Budget Adjustment Comments: Current Year Cost: Not to Exceed: For Fiscal Year: Appropriation Code 0-315 -91218-5 64000-522- 000 484,760.00 484,760.00 10/O1/2012 to 09/30/2013 Amount 484,760.00 Budget Adjustment: Annual Operating Cost: Total Cost: Appropriation Comment � 25,000.00 484,760.00 Review 1) Financial Services 2) Office of Management and Budget 3) Lega14) Clerk 5) Assistant City Manager � City ApprovaL• Manager 7) Clerk Cover Memo Item # 3 � ��� ����� �� C"�?���������� �`� � .��������������;�� ����1�• ����. ?��1� �"����r�.�t�f��° �i�e ��c;��zt�-t������t �� i �} I°�°a���ii�� `��r°c:�t t�'��4��°�m���i��, � � '� �? �� ��'�ie t�E�cic::r�;�s�ra�;€I �; �F'�:�-�<aAT��i ��i r�������a�'t��ttat�� fc�� r�.s�.�, ia���'rr� a��� ���rvc���° E��,��a� �sla�i:� ���' e��t�, fi�si° �it��l f���e�f;���e,e ���,- �'i�,�°c� ?�t��at����et��t°isa�, I���:.3 d�� it'.� ������c �}f�ic� �o� �������ctsa��, 4�v'i��ca���ia�, tl°t�; a�����������ea� e���� �c���i����a�t�� }��r°c��t a�<�a��cc� ����tE �c�o��}�� fc��le�,��a���� I�z°��:�w: Clr�� � I} 1�'���'��; ��c.���� I7�it:� ��;���c�st� F'��t�����r. 1 � ��1�, i�£�.[)iJ �iu��r�1 €ii�cc��xt�t; �'�1 �'c�,yt��e t�r�it iz� t'���1 K�t iisr�� c��'��t°�ie�° �t�c1 �,��a�:i �rx�t �i�dta�t � I �,i�(J�).�}{� ��f`(� t�t� tcsl��l �ar����c�s�.�l t�ri�.�. f�c���c�r�n�t��� 13���� irr�����i�r3. �.i���ri `� �����,`�GC},4�f� c� � � N � `���cf ���y�ar<a�a�s ���ZCi �c��ii�srr�esit ���°e tc� �� ��stiili ��s��! �1t�p��s�� irl ���:�.E�rc�<���c� �o ii1� �1�� ����c:.��ic.attic�t�;� i���<.t:�� s�tE�c�e��, ���fa�y°� �t�� t�� stril���, ���r, ��r- ia�cLr�tir����l ���i-�1�ac�i, i��ilt��`e� tc� c�k�t��s� c��a�;s��, Erta�tc;ria�ls, �r�- ��th��° c�ti�u� t�c;}rc����t ca€sr �;�����-c�9 �a��1 ����e°��cr��3r��, ��ii��i�� a€���rt i�$��:az�t3�� <`i`k�i �`cc�i}�t c��`tl�i� c��'t�c,c� ����i tl�� ���c.��,t�rac�. tl�ea-�c-�i' at t���r t�f#�c� �t .�������;tr��i, l�="i;�c�t��i��, G��:��i �c� l�� c9el��.���°��# �c� ��cr�� ��� C��a:�w°«�i€�r�. ��1�. Th� s���ci�`sc;<�tic���s ��c�.�'ei�t c:��nt��ir�c:�i :�E�rt11 i'{��y��� a� ��<���[ c�i'���� �ir��� cc�€�1r��t, ����c� ��r� �;t�k�j�c:� i�, c::���F����; �l�sir�c� ���' ti��. �a��r�i����.�', �€'c�ti i�l;�c1 �����y �lt�r°<�t�t?���, $��`�. �r�icr�iit��� �a�-o��r- ��'� t��� �f�c:u��t��2i�� ��� l��t c:ca»i��<����' a�f'Lt�� �st°���° ic-r �tsa°c�����:, 7,r��# �rc,�-i��c�t3 :��a�l� it�€i��-�ii��r�s e��s w'���� ���<a��.��k�l��� ��(i°c�;t ii�c c����t ��f`tl�e c;��r��[o°�rc.ti���� �-s�`tii� ��a�aa�°�t��. . "i'i��° ��rc�������i ��,r° ii��� �F��3��r�.���t� �c7��i��s-ti��:� �� �C;�� ��E� ��c:s�va��l ��s��°��i°[������t c�i..[��°����lac}s°���t�c,r� ���)'T`� �T��l�� �0�� t-��,�al�t����:� tt� cf���°4!. �� t'�te. ti��€� ��ri`i�i��, ;���i ��,�t�7 ,�Il `�at�c3�a<�I ���°c: ��5�€t��tic�r� r1�;^����ir�ttc��� (;��=��.�} C��ieis��i���� t��r r�s.�i�c��i,ti`�� 1~'t�-� ��`i���s<�w'�t��� t�� ���o����s1i�c1 <�t �i�c ti��z�.a �rf`l�ac�, c���,c:.��€ ���; ra:���€�i�ic��� �,� i�:t�;�t;����c;�° ;���csfsc�t�tis_�s�:�, �"�t��� ���c�'��s�ci ���st�, i�a�t��-ea��i �� fir�E g����°�'s` �7��<�ts��. s�f liatt��'�; �[����1�;i�� ��� ��t� szc�d�tia�ex� ��, ����c� �{=�`�' ��r?�t�l���. st�fl�c���-c�� w�°i�l b� �-,�ss�ci �����01�� t�� �I�� �t��t�zc��ii-4 at, ���� ��ciciiiii»� t�a �1�� �����c� s�t f`ea�-t�� ������� c. �J��ic�:� ���e:c��t��� ��iil��s� �)i� c�a��°� �i�t���� cl4�t�, il�� e°i��,t�t i� r����-v�cl tc, ��°itC��a�r�����, t�}9�; ��r��J��c��,i��i���. 1'a�::€-c:�: ?�x • �7a�4��c��N��i����, ir��. 1��< < �� � � �, �"`�—�----- �� ,�i� ���I� � ���,' $�� t26r�'�'di°�;i�:�.! i ��'T`l�'i�: �, �: :1�8it�� �I���ac�r��������� �� � �� �. � �� r �� ��� ��� - �L� � v�� i r=�.��—{a�,., �.F� � ..,� ���.���: ���'t°z��� ` I �' �'���r'����}� . __ . _ � _ Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: Meeting Date:10/1/2012 Award a contract (purchase order) to Pierce Manufacturing Inc. of Appleton, WI. in the amount of $775,210.00 for the purchase of 1 new Pierce Heavy Duty Velocity Squad, in accordance with Sec. 2.564 (1)(d), Code of Ordinances, — Other governmental bid, and authorize the appropriate of�cials to execute same. (consent) SUMMARY: The Department desires purchasing a heavy-duty front line squad to replace Squad 51, purchased in 2005, and will move the current Squad 51 to the reserve fleet to replace an apparatus purchased in 1997. Squad 51 is a heavy rescue apparatus and responds to every warking fire, every technical rescue, and each extrication call, including every second alarm motor vehicle accident. The full price for the squad is $803,210.00. The manufacturer has offered a discount of $28,000 if paid for in full at time of order. The department desires to take advantage of this discount. A perfarmance bond has been provided. The current CIl' project 91266, Rescue Squad Replacement, has $850,000 of cash funding available. The City will be reimbursed by the County for a portion of the purchase, approximately 12%, as the vehicle will support �re operations in the unincorporated areas of the Clearwater Fire District. The Department has determined the Pierce Heavy Duty Velocity Squad built by Pierce Manufacturing meets the operational needs of the Department. Estimated annual operating costs in the department's annual operating budget include fuel and routine garage charges for operating the new vehicle. Garage charges on the new vehicle are expected to be less than on the replaced vehicle. This purchase is a piggyback of Lake County Contract 08-0803. The Pierce squad is the City of Clearwater Fire and Rescue Department standard for the purpose of training and maintenance. Custom components have been added to meet the needs of the fire district and surrounding municipalities. Warranty: Limited 1 year warranty for 12 months free of defects in material and warkmanship; 3 year warranty on the Impel/Velocity custom chassis; lifetime on chassis frame crossmembers, Imp/Vel; 5 year on EVS transmission; 5 years on command zone components, Chassis, VeUlmpeUQtm/AXT; 10 year on paint; 10 yrs or 100,000 on vehicle cab and body; and 5 year or 100,000 mile warranty on engine provided by Cummins. Maintenance: Ten-8 Fire Equipment, Inc., a full service apparatus repair facility, will perfarm all of the warranty wark. Our City's General Services Division will perfarm routine maintenance and testing. Annual pump testing will be performed by our Logistics Bureau in accordance with NFPA standards. Any additional repairs can be contracted through Ten-8 at an additional cost per their service fee schedule. A heavy-duty velocity rescue squad provides exceptional storage capabilities and increased operational functionality. This purchase will significantly up-grade the abilities of the apparatus it replaces. The proposal for �re apparatus confarms to all Federal Department of Transportation (DOT) rules and regulations in effect at the time of bid, and with all National Fire Protection Association (NFPA) Guidelines for Automotive Fire Apparatus as published at the time of bid, except as modified by customer specifications. Pierce Manufacturing operates a Quality Management System under the requirements of ISO 9001. The apparatus will meet the current NFPA 1901 recommendations and will maintain desig�� p��ptional features consistent with the department's needs. Item # 4 Type: Purchase Current Year Budget?: Yes Budget Adjustment Comments: Current Year Cost: 775,210.00 Not to Exceed: 775,210.00 For Fiscal Year: 10/O1/2012 to 09/30/2012 Appropriation Code 0-315 -91266-5 64000-522- 000 Amount 775,210.00 Budget Adjustment: No Annual Operating Cost: 25,000.00 Total Cost: 775,210.00 Appropriation Comment Bid Required?: No Bid Number: Other Other Bid / Contract: Bid Exceptions: Government Bid Review 1) Financial Services 2) Office of Management and Budget 3) Lega14) Clerk 5) Assistant City Manager � City ApprovaL• Manager 7) Clerk Cover Memo Item # 4 I�I�{����)�A�[� ���}�� �'�1�����3I��� �"���1�� �.l�l�;'���.^���`���� .��rl� ?;, ��i}:'� ��lcE����r�t��° I'tt'� ����,��w�t����c�t. (i�li 1 w-a����.li�� �i�-��t �"1��s����t�t�Tyr°. ��I�.3;�`�51� ��1�� �a�t��i�r�i������ ��; ��r°���<��'��i t:c� r�7��a����'���:���r�� i�ar��t�. ��1����� ti��� t�r��a° l�a� �t��.� �pk���;�� 6�y° ������. 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I10�1a.�,� ,��c;�����t� ���itl�id� ��� tlz��=� fr���zt� �i��t�. t��e z'i�:l�t �� w�Gi°z-�,=i�c1 ti�s a��i�li��t°��� �l�i� �7R'�,}��7�iti����, �'i���cc� ��1�z7��t<�c.t��riiig�,$. 1���. ��� �— � � , � ���;�: `�' �-�� ��`''� r . _ __....... ---- _ a .� r��� C`lZif:f'=:�� ;��,I,�,�, 1��P�t =�� I a� ���'� . , �; .1c���s� �1`�7c����������� ��� ��� �� � � ,� J���t�� �tr�E����� � �� �� �,�,�r� : � �-��� � �a � �— _ ----- I����������i: 1 �. �):'�6�t��, SUBJECT / RECOMMENDATION: Work Session Council Chambers - City Hall Meeting Date:10/1/2012 Award the Construction Manager (CM) at Risk contract to Biltmore Construction, of Belleair, Florida, to construct Fire Station 45 for a Guaranteed Maximum Price (GMP) of $10,924,121; approve a supplemental work order to HDR Engineering for $429,404; establish a final project budget of $13,301,250, recognizing a project budget increase of $5,243,730; authorize a loan from the Central Insurance Fund in the amount of $5,243,730 at the cash pool rate and authorize the appropriate officials to execute same. SUMMARY: Fire Station 45 project includes construction of a new 32,800 square foot, 3-story station on Court Street and Madison Avenue. The station will be a category 5 building with expectations of a Leadership in Energy and Environmental Design (LEED) Silver certi�cation. The station includes four vehicle bays and support of�ces on the �rst floor, firefighter living quarters on the second floor, and administrative and fire prevention of�ces on the third floor. Biltmore Construction, as the Construction Manager, has reviewed design plans and submitted a GMP. The GMP includes the actual price paid for the wark (all wark subcontracts, supply contracts, direct labor costs, direct supervision costs and direct job costs) plus the Construction Manager's fees. The CM at Risk contract allows far management fees of 4% of the GMP to construct the project. The construction phase is one year. The supplemental wark order for HDR includes additional design fees and construction phase services, including required LEED commissioning. The current project budget in capital project 315-91253, Main Fire Station, is $8,057,520. Additional funding of $5,243,730 is necessary to provide for the total capital funding needed of $13,301,250. At first quarter, this additional funding will be provided by a loan from the Central Insurance Fund in the amount of $5,243,730 with interest paid at the cash pool rate. Penny for Pinellas Funds representing the Gulf Boulevard reimbursement from Pinellas County are recommended to fund the repayment of the loan and the related interest payments of approximately $416,413, for a total additional use of $5,660,143 in Penny for Pinellas funding. Under the Gulf Boulevard agreement, the City will receive $6,708,380 between fiscal year 2012/13 and 2018/19 as outlined in the attached warksheet. The Central Insurance Fund will be repaid for the loan in the �rst six years as the reimbursement proceeds are received. Type: Capital expenditure Current Year Budget?: No Budget Adjustment Comments: See summary Current Year Cost: Not to Exceed: For Fiscal Year: Appropriation Code 0315-91253-563600-522-000- 0000 $11,353,525 $11,353,525 2012 to 2013 Amount $10,924,121 Budget Adjustment: Annual Operating Cost: Total Cost: Appropriation Comment See summary Yes $11,353,525 Cover Memo 0315-91253-561100-522-000- $ 429,404 See summary 000o Item # 5 Review 1) Office of Management and Budget 2) Lega13) Clerk 4) Fire Department 5) Fire Department 6) Purchasing 7) Clerk 8) Assistant Approval: City Manager 9) City Manager 10) Clerk Attachment number 1 \nPage 1 EXHIBIT `B' This CONTRACT made and entered into this 4th day of October, 2012 by and between the City of Clearwater, Florida, a municipal corporation, hereinafter designated as the "City" or "Owner", and Biltmore Construction Co., Inc. of the City of Belleair, County Pinellas and State of Florida, hereinafter designated as the "Construction Manager". The contracting entities shall collectively be known as the "Parties." WITNESSETH: WHEREAS, the Clearwater City Council has approved using the Construction Manager at Risk approach on appropriate projects as determined by the City's Engineering Department; and WHEREAS, the City desires that the Construction Manager perform the management of the necessary construction, design, and preconstruction services (collectively referred to as the Services) on an as- needed basis subject to the terms and conditions set forth in this agreement and any agreement incorporated into this agreement by reference. NOW, THEREFORE, IT IS AGREED BY THE PARTIES: ARTICLE 1: SCOPE OF WORK AND CONTRACT DOCUMENTS 1.1 The Construction Manager and its successors, assigns, executors or administrators, in consideration of the sums of money, as herein after set forth to be paid by the City to the Construction Manager, shall and will at its own cost and expense perform all labor, furnish all materials, tools and equipment for all individual projects assigned as a result of this contract. 2 For each individual project assigned, in accordance with such proposal and technical supplemental specifications and such other special provisions and drawings, if any, which will be submitted by the City, together with any advertisement, instructions to bidders, general conditions, proposal and bond, which may be hereto attached, and any drawings, if any, which may be herein referred to, are hereby made a part of this contract, and all of said work to be performed and completed by the contractor and its successors and assigns shall be fully completed in a good and workmanlike manner to the satisfaction of the City. 3 Unless otherwise specified in this contract, all work shall be completed in accordance with Section III of the City of Clearwater Contract Specifications (the Specifications). For the purposes of this contract, the term Contractor in Section III shall include the Construction Manager. The Specifications, as may be supplemented and changed, along with this Contract constitute the "Contract Documents." In the event there is any conflict between this Contract and the Specifications, this Contract shall take precedence except that the GMP PROPOSAL dated September 17, 2012 is expressly incorporated and made part of this Agreement. Further, the GMP Proposal shall be determinative and control in the event of any conflict, discrepancy, absence of information and / or term or condition to the contrary. ARTICLE 2: CONSTRUCTION MANAGER'S DUTIES AND STATUS 2.1 The Construction Manager recognizes the relationship of trust and confidence established between it and the City by this Agreement, and agrees with the City to furnish its best skill and judgment and the overall supervision of its executives; to furnish efficient business administration and superintendence; Page 1 of 10 Item # 5 Attachment number 1 \nPage 2 and to use every effort to keep upon the project site at all times an adequate supply of workforce and materials to secure its execution and completion in the most expeditious and economical manner. 2.2 The Construction Manager represents that it has made a thorough examination of the premises and is thoroughly familiar with the conditions under which it is to work. 2.3 The Construction Manager agrees to perform and complete the Services in accordance with laws, rules, and regulations of all governmental authorities and departments thereof. 2.4 The Construction Manager agrees to cooperate with the City, Architect-Engineer, or any other Design Professional in all respects, including, but not limited to, providing necessary preconstruction services, such as evaluation of inethods, availability and costs of the various components of the Services while under design consideration; supervising the Services and the progress thereof; the coordination of the Services and suggesting changes in the Services; and supplying information as to costs and availability of materials and methods of construction in order, amongst other things, to reduce costs wherever the same may be practicably consistent with the quality of the Services presented in the Contract Documents. 2.5 The Construction Manager agrees to the following: a) In connection with the performance of work under this Contract, the Construction Manager agrees not to discriminate against any employee or applicant for employment because of race, sex, religion, color, or national origin. The aforesaid provision shall include, but not be limited to, the following employment: - upgrading - demotion or transfer - recruitment or recruitment advertising - lay-off or termination - rates of pay or other forms of compensation; and - selection for training, including apprenticeship b) The Construction Manager agrees to post hereafter in conspicuous places, available for employees or applicants for employment, notices to be provided by the contracting officer setting forth the provisions of the non-discrimination clause. C) The Construction Manager further agrees to insert the foregoing provisions in all contracts hereunder, including contracts or agreements with labor unions and/or worker's representatives, except sub-contractors for standard commercial supplies or raw materials. ARTICLE 3: SCOPE OF THE SERVICES 3.1 The services that the Construction Manager shall provide include, but are not limited to those described in the following sections. 3.2 Reporting - Written reports shall be provided with the monthly pay requests as follows: a) Monthly Executive Summary which provides an overview of current issues and pending decisions, future developments and expected achievements, and any problems or delays, including code violations found by any permitting agency. Page 2 of 10 Item # 5 Attachment number 1 \nPage 3 b) A Monthly Construction Progress Report that includes a cost narrative, a scheduling narrative and that summarizes the work of the various subcontractors. This report shall include information from the weekly job site meetings as applicable such as: - general conditions - long lead supplies - current deliveries - safety and labor relations programs permits - construction problems and recommendations; and - plans for the succeeding month 3.3 Scheduling a) Upon award of this Contract, the Construction Manager shall submit a master project schedule covering the planning and design approvals, construction and Owner occupancy of the Project. This schedule will serve as the framework for the subsequent development of all detailed schedules. The master project schedule shall be produced and updated monthly throughout the project. b) Within thirty (30) days after the date of the Owner's issuance of a Notice to Proceed, the Construction Manager shall prepare and submit to the Owner two copies of a Critical Path Method (CPM) construction schedule graphically depicting the activities contemplated to occur as a necessary incident to performance of the work required to complete the project, showing the sequence in which the Construction Manager proposes for each such activity to occur and duration (dates of commencement and completion, respectively) of each activity. c) Following development and submittal of the construction schedule the Construction Manager shall, at the end of each calendar month during the project, or at such earlier intervals as circumstances may require, update and/or revise the construction schedule to show the actual progress of the work performed and the occurrences of all events which have affected the progress of performance of work already performed or will affect the progress of the performance of the work yet to be performed in contrast with the planned progress of performance of such work, as depicted on the original construction schedule and all updates and/or revisions thereto as reflected in the updated and/or revised construction schedule last submitted prior to submittal of each such monthly update and revision. Each such update and/or revision to the construction schedule shall be submitted to the Owner in duplicate. d) The Construction Manager shall provide current scheduling information and provide direction and coordination regarding milestones, beginning and finishing dates, responsibilities for performance and the relationships of the Construction Manager's work to the work of his subcontractors and suppliers to enable them to perform their respective tasks so that the development of construction progresses in a smooth and efficient manner in conformance with the overall project schedule. The schedule shall include all phases of the construction work, material supplies, long lease procurement, approval of shop drawings, change orders in progress, schedules for change orders, and performance testing requirements. The Construction Manager shall advise the Owner, its representatives and the Architect-Engineer of their required participation in any meeting or inspection giving each at least one week notice unless such notice is made impossible by conditions beyond his control. The Construction Manager shall hold job-site meetings at least once each month with the Construction Team and at least once each week with the subcontractors and the Architect- Engineer's Field Representative, or more frequently as required by work progress, to review progress, discuss problems and their solutions and coordinate future work with all subcontractors. Page 3 of 10 Item # 5 Attachment number 1 \nPage 4 e) Twice per month corresponding as closely as possible with progress review meetings, a"two week" look ahead report shall be prepared and submitted to Owner and Architect / Engineer. 3.4 Design Review and Recommendations a) The Construction Manager shall familiarize himself thoroughly with the evolving architectural, civil, mechanical, plumbing, electrical and structural plans and specifications and shall follow the development of design through Contract Documents. The Construction Manager shall make recommendations with respect to the selection of systems and materials, and cost reducing alternatives including assistance to the Architect-Engineer and Owner in evaluating alternative comparisons versus long term cost effect. The evaluation shall speak to the benefits of the speed of erection and early completion of the project. The Construction Manager shall furnish pertinent information as to the availability of materials and labor that will be required. The Construction Manager shall submit to the Owner and Architect-Engineer such comments as may be appropriate concerning construction, feasibility, and practicality. The Construction Manager shall bring to the Owner and the Architect-Engineer's attention any apparent defects in the design, drawing and specifications, or other documents. The Construction Manager shall prepare an estimate of the construction cost at appropriate milestones during the design and shall evaluate such estimate with the project budget. The Construction Manager shall recommend cost saving alternatives, as appropriate, at each design milestone. At each design milestone the Owner, Architect Engineer and Construction Manager shall conduct a value engineering review. b) After receiving the Construction Documents for each phase of the project, the Construction Manager shall perform a specific review thereof. Promptly after completion of the review, the Construction Manager shall submit to the Owner, with a duplicate to the Architect- Engineer, a written report covering suggestions or recommendations previously submitted, additional suggestions or recommendations as the Construction Manager may deem appropriate, and all actions taken by the Architect-Engineer with respect to same, any comments he may deem to be appropriate with respect to separating the work into separate contracts and/or alternative materials. c) At completion of the Construction Manager's review of the plans and specifications, except only as to specific matters as may be identified by appropriate comments pursuant to this section, the Construction Manager shall warrant, without assuming any architectural or engineering responsibility, that the plans and specifications are consistent, practical, feasible and constructible. The Construction Manager shall warrant that the work described in the plans and specifications for the various bidding packages is constructible within the scheduled construction time. d) The Construction Manager shall review the design for the purpose of identifying long lead procurement items (i.e. machinery, equipment, materials and supplies). When each item is identified, the Construction Manager shall notify the subcontractors, the Owner, and the Architect-Engineer of the required procurement and schedule. Such information shall be included in the bid documents and made a part of all affected sub-contracts. As soon as the Architect-Engineer has completed drawings and technical specifications and the Construction Manager has obtained permitting approval, the Construction Manager shall prepare invitations for bids. The Construction Manager shall keep informed of the progress of the respective subcontractors or suppliers, manufacturing or fabricating such items and advise Project Director, Owner and Architect-Engineer of any problems or prospective delay in delivery. Page 4 of 10 Item # 5 Attachment number 1 \nPage 5 3.5 Staffing - Key personnel assigned to City projects by the Construction Manager shall not be removed from the project until alternate personnel acceptable to the City are approved in writing by the City. 3.6 Soliciting Bids a) Without assuming responsibilities of the Architect-Engineer, and unless waived in writing by the Owner, the Construction Manager shall prepare invitations for bids, or requests for proposal when applicable, for all procurements of long lead items, materials and services, and for Subcontractor contracts. Such invitations for bids shall be prepared in accordance with the following guidelines: Contracts totaling $1,000 but not exceeding $10,000 may be entered into by the Construction Manager with the firm which is qualified and submits the lowest verbal quotation. The Construction Manager shall obtain a minimum of two (2) verbal quotations. These quotations shall be entered on a bid tabulation sheet and a copy of such tabulation sent to the Owner, Architect-Engineer and to each firm. The successful quotation shall be confirmed by written contract or purchase order to the low bid firm defining the scope and quality of work to be provided. ii) Contracts totaling $10,000 but not exceeding $200,000 may be entered into by the Construction Manager with the firm who is qualified and submits the lowest responsive proposal. The Construction Manager shall request at least three (3) firms to submit sealed written proposals based on written drawings and/or specifications. The written proposals shall all be opened publicly at the location, date and time named by the Construction Manager in his request for proposal. A tabulation of the results shall be furnished to the Owner, Architect-Engineer and to each firm. iii) Contracts totaling $200,000 but not exceeding $500,000 may be entered into by the Construction Manager with the firm who is pre-qualified and submits the lowest responsive proposal. The Construction Manager shall advertise these projects at least once with the last advertisement appearing at least 21 calendar days prior to the established bid opening date. These proposals shall be based on approved plans and specifications. Bids shall be received and opened publicly at the location, date and time established in the bid advertisement. iv) Contracts totaling $500,000 or greater shall be treated the same as described under iii above except that the advertisement shall be run for at least 30 days prior to the established bid opening and at least 5 days prior to any scheduled pre-bid conference. v) Individual purchases of materials or rentals or leases of equipment of up to $999.99 each may be made without bids or quotes when reasonably necessary to expedite work on the project; however, the Construction Manager shall not divide or separate a procurement in order to avoid the requirements set forth above. vi) Site utilities may be acquired at market rates from the entity(ies) providing such in the franchise area. b) For each separate construction contract exceeding $35,000, the Construction Manager shall, unless waived by Owner, conduct a pre-bid conference with prospective bidders, the Architect-Engineer and the Owner. In the event questions are raised which require an interpretation of the bidding documents or otherwise indicate a need for clarification or correction of the invitation, the Construction Manager shall transmit these to the Architect- Page 5 of 10 Item # 5 Attachment number 1 \nPage 6 Engineer and upon receiving clarification or correction in writing shall prepare an addendum to the bidding document, and issue same to all of the prospective bidders. 3.7 Quality Control - The Construction Manager shall develop and maintain a program, acceptable to the Owner and Architect-Engineer that assures quality control of the construction. The Construction Manager shall supervise the work of all subcontractors providing instruction to each when their work does not conform to the requirements of the plans and specifications and shall continue to assert influence and control over each subcontractor to ensure that corrections are made in a timely manner so as to not affect the efficient progress of the work. Should disagreement occur between the Construction Manager, the Owner or the Architect-Engineer over acceptability of work and conformance with the requirements of the specifications and plans, the Owner shall be the final judge of performance and acceptability. 3.8 Subcontractor InterFacing - The Construction Manager shall be the single point of interface with all subcontractors for any work done under this Contract. The Construction Manager shall negotiate all change orders, field orders and request for proposals, with all affected subcontractors and shall review the costs of those proposals and advise the Owner and Architect-engineer of their validity and reasonableness, acting in the Owner's best interest prior to requesting approval of each change order from the Owner. Before any work is begun on any change order, a written authorization from the Owner must be issued. When health and safety are threatened, however, the Construction Manager shall act immediately to remove such threat to health and safety. The Construction Manager shall also carefully review all shop drawings and then forward the same to the Architect- Engineer for review and actions. The Architect-Engineer will transmit them back to the Construction Manager who will then issue the shop drawings to the affected subcontractor for fabrication or revision. The Construction Manager shall maintain a record to promote expeditious handling. The Construction Manager shall request the Architect-Engineer to make interpretations of the drawings or specifications requested of him by the subcontractors and shall maintain a record to promote timely response. The Construction Manager shall advise the Owner and Architect-Engineer when timely response is not occurring on any of the above. The Construction Manager shall collect, review and submit to the Owner, all project closeout documentation including operation, maintenance and training manuals. ARTICLE 4: MAXIMUM PROJECT COST AND FEES FOR SERVICES 4.1 Guaranteed Maximum Price for Construction a) When the Construction Documents are sufficiently complete to establish the scope of work for the project or any portion thereof, the Construction Manager will establish and submit in writing to the Owner for his approval a Guaranteed Maximum Price (GMP) guaranteeing the maximum price to the Owner, for the construction cost of the project or designated part thereof. Such Guaranteed Maximum Price will be subject to modification for changes in the project as provided in article 4.1(e) below. Actual price paid for the work by the Owner, however, shall be the actual cost of all work subcontracts, supply contracts, direct labor costs, direct supervision costs and direct job costs, plus the Construction Manager's fees or the GMP, whichever is less when the work is complete. b) At the time of submission of a Guaranteed Maximum Price, the Construction Manager will verify the time schedule for activities and work which were adopted and used to determine the Construction Manager's cost of work. In addition to the cost of work, a GMP will include an agreed upon sum as the construction contingency which is included for the purpose of defraying the expenses due to unforeseen circumstances relating to construction. The Construction Manager will be required to furnish documentation evidencing expenditures charged to the Page 6 of 10 Item # 5 Attachment number 1 \nPage 7 contingency prior to the release of funds by the Owner. If bids are received below the applicable line items in the GMP, the surplus will be added to the contingency. c) If bids are received above the applicable line item in the GMP, the deficiency will be taken from the contingency; however, such occurrence shall not be cause to increase the GMP. d) If bids are not received for a portion of the work at or below the applicable line item amount in the GMP, the Construction Manager reserves the right to perform that portion of the work as acknowledged by the Owner or negotiate for its performance for the specified line item lump sum amount or less. e) The increase or decrease in the Guaranteed Maximum Price resulting from a change in the Project shall be determined in one or more of the following ways: By mutual acceptance of a lump sum properly itemized and supported by sufficient substantiating data to permit evaluation by the Architect Engineer and owner; By unit prices stated in the Agreement or subsequently agreed upon; iii. If none of the methods is agreed upon, the Construction Manager, provided it has received a signed written order by the Owner, shall promptly proceed with the work involved. The cost of such work shall then be determined on the basis of the reasonable expenditures and savings of those performing the work attributed to the change. In the event a Change Order is issued under these conditions, however, the Architect-Engineer will establish an estimated cost of the work and the Construction Manager shall not perform any work whose cost exceeds that estimate without prior written approval by the Owner. In such case, the Construction Manager shall keep and present, in such form as the Owner may prescribe, an itemized accounting together with appropriate supporting data of the increase in the Cost of the Project. The amount of decrease in the Guaranteed Maximum Price to be allowed by the Construction Manager to the Owner for any deletion or change which results in a net decrease in cost will be the amount of the actual net decrease; iv. The Architect-Engineer will have authority to order minor changes in the Project not involving an adjustment in the Guaranteed Maximum Price or an extension of the Construction Completion Date and not inconsistent with the intent of the Drawings and Specifications. Such changes shall be effected by written order. Documentation of changes shall be determined by the Architect-Engineer.. Changes shall be approved by the Architect-Engineer. 4.2 Construction Manager's Fee - In consideration of the performance of the contract, the Owner agrees to pay the Construction Manager as compensation for his services, fees as set forth below : a) Preconstruction Phase Fee - shall be based on design costs if applicable, constructability review, value engineering and fee determination of Guaranteed Maximum Price. The fee for this phase in the amount of $24,750.00 shall be paid at the negotiated price upon receipt of the Guaranteed Maximum Price. b) Construction Phase Fee - Prior to commencement of the Construction Phase, the Owner will direct the Construction Manager in writing to proceed into the Construction Phase. The Construction Manager's compensation for work or service performed Page 7 of 10 Item # 5 Attachment number 1 \nPage 8 during the Construction Phase shall be a fee of $420,158.00 The Construction Phase Fee shall be invoiced and paid in 12 months. Payments will be remitted monthly at the cost of 35 013.00 each and one final monthly payment of $ 35,015.00. The first monthly payment shall become due thirty days following the issuance of the first Construction Authorization and the final monthly payment shall be paid only when construction of the project is completed and occupancy of the project accepted by the Owner. If construction is authorized only for a part of the project, the fee paid shall be proportionate to the amount of work authorized by the Owner. ARTICLE 5: TERMINATION AND TIME OF THE ESSENCE 5.1 If the Construction Manager is adjudged bankrupt or makes a general assignment for the benefit of creditors, or if a receiver is appointed on account of its insolvency, or if refuses or fails, except in cases for which an extension of time is provided, to supply enough properly skilled workmen or proper materials for the Services, or otherwise be guilty of a substantial violation of any provision of this Agreement as determined by the certificate of the Architect, the Owner may, without prejudice and reserving any other right or remedy the Owner may have, after giving the Construction Manager seven (7) days' written notice, terminate the employment of the Construction Manager and take possession of the premises and all materials, tools, and appliances thereon and finish the Project in whatever manner the Owner may deem expedient. 5.2 It is mutually agreed between the parties hereby that time is of the essence of this contract, and in the event that the Substantial"C4rnpletion Date is not achieved' within the time stipulated herein, it is then further agreed that the City may deduct from such sums or compensation as may be due to the Construction Manager, the sum of $1,000.00 per dav for each day that the work to be performed by the Construction Manager remains incomplete beyond the time limit specified herein, which sum of � 1,000.00 per day shall only and solely represent damages which the City has sustained by reason of the failure of the Construction Manager to complete the work within the time stipulated, it being further agreed that the sum is not to be construed as a penalty but is only to be construed as liquidated damages for failure of the Construction Manager to complete and perform all work within the time period as specified in this contract. ARTICLE 6: INDEMNIFICATION 6.1The Construction Manager and his or its successors and assigns does hereby agree to assume the defense of any legal action which may be brought against the City as a result of the Construction Manager's activities arising out of this contract and furthermore, in consideration of the terms, stipulations and conditions as contained herein, agrees to hold the city free and harmless from any and all claims for damages, costs of suits, judgments or decrees resulting from any claims made under this contract against the city or the contractor or the contractor's sub-contractors, agents, servants or employees resulting from activities by the aforementioned contractor, sub-contractor, agent servants or employees. 6.2 Nothing contained herein shall be construed as a waiver of any immunity from or limitation of liability the City (Owner) may be entitled to under the doctrine of sovereign immunity or section 768.28, Florida Statutes. Page 8 of 10 Item # 5 Attachment number 1 \nPage 9 ARTICLE 7: TITLE TO THE PROJECT 7.1 The title of all work, completed portions of the Project and in the course of construction, and of all materials on account of which payment has been made shall be in the Owner. ARTICLE 8: ASSIGNMENT 8.1 This Agreement shall be binding upon and inure to the benefit of the Parties hereto and their respective successors and assigns, except that this Agreement may not be assigned by either party without the prior written consent of the other party. Any assignment made without such prior written consent shall not vest rights in the assignee. ARTICLE 9: ADDITIONAL PROVISIONS 9.1 This Agreement shall be governed by and construed in accordance with the laws of the State of Florida, and the venue for any dispute under this Agreement shall be an appropriate court of competent jurisdiction in Pinellas County, Florida. 9.2 Any notice required to be given by the terms and provisions of this Agreement or by any law or governmental regulation, either by the Owner or Construction Manager, shall be in writing unless otherwise required by such law or regulation and shall be deemed to have been served and given when deposited in either Registered or Certified Mail in United States Branch Post Office, addressed to the party hereto to whom directed, at the address specified in the Specifications,. 9.3 The language in this Agreement shall be construed according to its customary meaning within the Florida building industry. Whenever used, the singular shall include the plural, the plural the singular, and the use of any gender shall be applicable to all genders. 9.4 If any provision of the Contract Documents is invalid or unenforceable as against any person or party, the remainder of the Contract Documents and the applicability of such provision to other persons or parties shall not be affected thereby. 9.5 Nothing contained in this Agreement shall be construed to mean that the Construction Manager and Owner are joint venturers or partners. Page 9 of 10 Item # 5 Attachment number 1 \nPage 1i IN WITNESS WHEREOF, the parties to the agreement have hereunto set their hands and seals and have executed this Agreement, in duplicate, the day and year first above written. CITY OF CLEARWATER IN PINELLAS COUNTY, FLORIDA � William B. Horne II Countersigned: City Manager By: George Cretekos, Mayor-Councilmember (Contractor must indicate whether Corporation, Partnership, company or Individual) (The person signing shall, in his own handwriting sign the Principal's name, his own name and his title; where the person is signing for a Corporation he must, by Affidavit, show his authority to bind the Corporation). Attest: (Seal) Rosemarie Call, City Clerk Approved as to form: Camilo Soto, Assistant City Attorney (Contractor) � (Seal) Page 10 of 10 Item # 5 1. 2. �� �` � ' # HDR Engineering, Inc. Supplemental WORK ORDER INITIATION FORM for the CITY OF CLEARWATER Date: HDR Project Number: City Project Number: PROJECT TITLE: FIRE STATION 45 DESIGN 09/17/2012 008898-162396 09-0036-FD Attachment number 2 \nPage 1 SCOPE OF SERVICES: The services described herein are required due to circumstances beyond HDR's control, and are considered Additional Services / Change in Services to the work being performed in accordance with a previously approved City Work Order. PRE-DESIGN PHASE Pre-design phase for this project has been completed in accordance with a previously approved Work Order. II. DESIGN PHASE 1. Modify the Design Development (DD) Documents for the FIRE STATION 45 DESIGN issued and dated 11/03/2011 as required to coordinate with the City's approved building exterior redesign, the DRC & CDB reviews, budget modification; and to revise the previously completed Design Development documents made necessary by those modifications. This scope of work includes the following tasks: a �I � Architectural: Re-coordination the structural; and the mechanical, electrical, plumbing and fire protection (MEP & FP) Engineering due to redesign of the architectura) exterior envelope changes and the building location and shape. Revise architectural and interior design plans required coordination with approved exterior building redesign. Revise Architectural building sections and wall sections. b. MEP, FP and Telecommunications Engineering: i. Re-coordination of inechanical, electrical, plumbing, fire protection and telecommunication documents relative to architectural changes to building location, shape internal plan changes. ii. Revise design development detailed load calculations in order to determine the sizing of HVAC equipment for the facility. This service shall include preparation Item # 5 120917 fs45 workorder 1 Of 16 form revised: 8/9/2012 Attachment number 2 \nPage 2 of ventilation calculations in compliance with the ASHRAE Standard 62.1 and preparation of energy calculations for compliance with the 2010 Florida Building Code. It should be noted due to the significant changes to the building exterior skin and a lot more glazing our original calculations will need to be completely redone. iii. Revise the design development documents updating the design and installation of a complete HVAC system for the facility, where the new calculations require CFM and equipment specification revisions. Update large scale plans of mechanical spaces, sections, installation details, and schedules for equipment. Revise written specifications to agree with modifications required to new code revisions. iv. Re-coordinate utility points of connection due to the architectural modifications to the building geometry and location. v. Reevaluation of hydraulic calculations for the facility in accordance with NFPA 13, and revise the hydraulic calculations as required vi. Assist Architect with their updating of the LEED design criteria based on Code revisions and exterior re-design of the facility. vii. Revise project energy model due to redesign and new code requirements 2. Precast Design Criteria Package - Preparation of the precast design criteria and the building foundation system. Scope includes coordination and planning modification to accommodate new column locations and sizes; evaluation of associated planning for coordination of floor penetration with precast elements; and design modification required for vertical structural changes and coordination of building systems. This Scope of work requires the City's Construction Contractor to provide all project building structural engineering, construction permit documents, miscellaneous structural steel coordination, including the complete foundation design based upon the HDR structural engineering design criteria documents. Further, this option requires the City's Construction Contractor to provide for subcontractor construction coordination documents based on the Architects and Architectural Engineering Consultants (A/E's) completed construction documents being prepared in accordance with a separate Work Order. III. FINAL DESIGN PHASE Final design phase services shall include incorporation of the DESIGN PHASE modified Design Development (DD) Documents as described by this work order, in accordance with the requirements of the previously approved Work Order for this project. IV. BIDDING PHASE Bidding phase services shall be provided in accordance with the requirements of the previously approved Work Order for this project. Item # 5 120917 fs45 workorder 2 Of 16 form revised: 8/9/2012 Attachment number 2 \nPage 3 V. CONSTRUCTION PHASE Construction Contract Administration Services (CCA) as defined by Attachment `C attached herein. a. Provide an early site work permit document package prior to completion of the Construction Contract Document and prior to commencement of other Construction Contract Administration Services. This service includes providing an initial site work permit package based on preliminary precast structural design information and one final site work package required by the final precast structural design information. This service includes a review of the geotechnical foundation recommendations in the event the design loads exceed 10% of those used for the original analysis and recommendations. b. CCA Commissioning Services as required to meet the USGBC LEED Silver requirements. c. CCA Services to be provided by Civi) Engineering, Architectura) Landscape Design, Architecture, Interior Design; Mechanical, Electrical, Plumbing, Telecommunications and Fire Protection Engineering; Sustainability, and Traffic Signalization Engineering. d. CCA Services for Sustainable Design - The stated goal of the project is to achieve a minimum of a LEED Silver Certification. Services include guidance and review of the contractor for required LEED construction phase documentation, providing administrative support for the LEED certification process, and coordination with the multi-disciplinary team integral in achieving the owner's environmental goals through a collaborative process. i. LEED Construction Coordination ii. Provide tools needed for the Contractor to track the progress on their assigned credits. Review LEED-related submittals as identified in the project specifications. iii. Provide monthly coordination meetings to facilitate LEED construction administration iv. Provide necessary documentation as pertains to chosen LEED credits that the LEED Project Administrator is uniquely qualified to provide. v. Craft questions to USGBC for clarification or interpretation of credit language as it pertained to the project. vi. Collect documentation from the project team and organize information into correct format for submission to USGBC. Track team progress toward completion of required documentation, develop, and maintain a list of the required information and review with the project team. e. Post-Construction: LEED Construction Documentation and Submitta) Coordinate construction documentation for LEED Construction Submission. Adjudicate comments from USGBC after original submission for the Construction Submission review, track the LEED review progress, resubmit documentation with additional information as required to obtain final approval of the Submitted credits. Manage the appeals process after the Construction Submission re-submittal if required. Item # 5 120917 fs45 workorder 3 of 16 form revised: 8/9/2012 Attachment number 2 \nPage 4 3. PROJECT GOALS: a. Design Phase Modified Design Development (DD) Documents for the FIRE STATION 45 DESIGN issued and dated 11/03/2011 as required to coordinate with the City's approved building exterior redesign, the DRC & CDB reviews, budget modification; and to revise the previously completed Design Development documents made necessary by those modifications. b. Provide administration of the Contract between the Owner and the Contractor for the construction of Fire Station 45 as defined by the Construction Documents prepared by the A/E and to provide services more fully described by Attachment `C'. 4. BUDGET: This price includes all labor and expenses anticipated to be incurred by HDR Engineering, inc for the completion of these tasks in accordance with Professional Services Method "B" — Lump Sum — Percentage of Completion by Task, for a fee of four hundred two thousand six hundred eighty Dollars ($402,680), and not to exceed fees for task allowances totaling twenty six thousand seven hundred twenty four pollars ($26,724). The Following permit application and other fees will be paid by the consultant and invoiced to the City as a reimbursable: a) Application Fees for LEED registration & Certification: The following assumptions are included: 1. The City wil) assign HDR as GBCI LEED agent as required to be eligible for the reduced costs listed below and included herein. 2. The fees listed do not included expedited reviews and scheduling by GBCI and LEED a. USGBC registration provided under previous work order b. Design review $2,000 c. Construction review $500 d. Appeals for: Complex credit $800/credit. This proposal assumes 2 complex credit appeals will be required. ii. All other credits $500/credit, not included in this proposal e. LEED interpretations $180/credit, not included in this proposa) f. Project formalized CIR's $220/credit. This proposa) assumes 2 CIR's wil) be required. b) Project permit application fees: a. City of Clearwater Building permit fees are not included b. FDOT permit fee is not required and not included c. FDEP NOI NPDES permit wil) be provided by Contractor and is not included d. FDEP Water Permit $650 e. FDEP Sewer Permit $250 Item # 5 120917 fs45 workorder 4 of 16 form revised: 8/9/2012 rJ. � 7. Attachment number 2 \nPage 5 SCHEDULE: The project is to be completed 493 calendar days from issuance of notice-to-proceed. The project deliverables are to be phased as follows: Modify the Design Development (DD) Document Final construction documents Construction Contract Administration (CCA) STAFF ASSIGNMENT (Consultant): 28 calendar days 100 calendar days 365 calendar days HDR Architecture: Stephen Panzarino, Project Managing Principa) Alan C. Temple, Project Manager Thomas Chapuis, Project Designer Munira Rawat, Sustainable Project Manager William Burke, Landscape Architect Eric Krumm, Construction Contract Administrator SSRCx, LLC: Colleen Smith — Commissioning Agent Hamilton Engineering & Surveying, Inc. Lucas Carlo, Civi) Engineer Grimail Crawford, Inc. Rob R. Swann, P.E., Sr. Traffic Engineer TLC Engineering: Raymond Stacey, Sr. Electrica) PM Rob Shorey, Plumbing Engineer Clayton Scelzi, Mechanical Engineer Santiago Beron, Telecommunication, and Security Engineer CORRESPONDENCE/REPORTING PROCEDURES: ENGINEER's project correspondence shal) be directed to: Alan C. Temple, Project Manager All City project correspondence shall be directed to: Tara Kivett with copies to others as may be appropriate. 8. INVOICING/FUNDING PROCEDURES: Invoices shall be submitted monthly to the City of Clearwater, Attn: Veronica Josef, Senior Staff Assistant, Engineering, P. O. Box 4748, Clearwater, Florida 33758-4748, for work performed. Contingency services will be billed as incurred only after written authorization provided by the City to proceed with those services. City Invoicing Code: 0-315-91253-561100-522-000-0000 Item # 5 120917 fs45 workorder 5 of 16 form revised: 8/9/2012 Attachment number 2 \nPage 6 9. INVOICING PROCEEDURES At a minimum, in addition to the invoice amount(s) the following information shall be provided on all invoices submitted on the Work Order: A. Purchase Order Number and Contract Amount. B. The time period (begin and end date) covered by the invoice. C. A short narrative summary of activities completed in the time period D. Contract billing method — Lump Sum E. If Lump Sum, the percent completion, amount due, previous amount earned and total earned to date for all tasks F. If the Work Order is funded by multiple funding codes, an itemization of tasks and invoice amounts by funding code. 10. SPECIAL CONSIDERATIONS: Intentionally left blank PREPARED BY: Stephen Panzarino Managing Principal HDR Architecture, inc. Date APPROVED BY: Michael D. Quillen, PE City Engineer City of Clearwater Date Item # 5 120917 fs45 workorder 6 of 16 form revised: 8/9/2012 Attachment number 2 \nPage 7 Attachment "A" � `� � ����e� �� � CITY OF CLEARWATER ENGINEERING DEPARTMENT WORK ORDER INITIATION FORM CITY DELIVERABLES 1. FORMAT The design plans shall be compiled utilizing the following methods: 1. City of Clearwater CAD standards. 2. 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. 2. DELIVERABLES The design plans shall be produced on bond material, '"'��30" x 42" 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 Autodesk Civil 3D file format. If not available Land Desktop files are still acceptable, however the City or Clearwater is currently phasing out Land Desktop. NOTE: If approved deviation from Clearwater 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 release of Autodesk, Inc. software. 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 emai) address Tom. Mahony@myClearwater.com. All electronic files (CAD and Specification files) must be delivered upon completion of project or with 100% plan submittal to City of Clearwater. Item # 5 120917 fs45 workorder 7 Of 16 form revised: 8/9/2012 Attachment number 2 \nPage 8 Attachment "B" FIRE STATION 45 DESIGN HDR Engineering, Inc. WORK ORDER INITIATION FORM PROiECT BUDGET su� T�sk L��sc�°i i�ran Cc�nsu;tan� ��bcar TestaJ 3'.€7 L}es�gn �€vetopmerat 4.1 ,+�r�h[t€�Gta�re„ P;�, �, �, S TL� MEF', FP & IT �2�.00(� $��o�CiC3 structural $3,flfYQ ��,L1i}�7 "i�mp� �rchite�ta�re ��?,[i�}i7 $9i,flCi�3 o.z �ivil Er�gir�e�r�r�� $E± c�.� L�r�cis���r� Rrchitecxure ,� S�t�; Li��rting �� �.a Es�i��iir�g ��3 c�.� LEEG Ct�r��ulting �4 �.s Furn�ture Se�ectic�n $C� � � Ener�y n���de� ��� ��„cs�� ��,�aa a s ��otec�r�i��l Sa�rv�y �4} 4 � LEEa �ur�da�raent�l Ga€�nmissaor�anc� �� o.a� LEE[7 Enhane�ci �ornrr�issi�roing �E} task tc�tal �27,Ci0� �iCYC�.(}4E} �12i3OU�} S�+ia Task �escri ti€�n C�nsulfatafi Labc?r Totaf 6.�! C�nstruction Cvnfr�ct.4drnFnastrafiora o.� Rr�hi��cture. �Vt„ E, P„ S fiLC MEF`. FP & B"� �tructural �arr�p� archi��ct��e �.2 Civii Er�gir��er�rag .��. �4 �4�,�[i� �1Ci,CiLi� $10,flt1� �9�,iitli� ���,t��it� H�miltt�r� Engin€;eran� �8.7t7[} �8.7t�{� Grirn�i� tiraf�ic �1,OUf� $1,�iit� Q. � L�r�d�cap� Ar�hi4�c��ar� 0 Sit� Li�hti�g $�} F;C)F�-Tamp� $2.3C�{3 �2.3(}t� F��7�-Jacks�araviM�� �1 � ,�3(l(i �1 � ,�Cifl a.� Es��t�aiir�g $L3 ��J �0 �r � LE�€� Gansulting $fl �i24,2[lQ $��,2[�t7 r�.� LEE[! Cc�rsstructic�r� F'ha�� Gc�r��-n�ssic�ning �3Cl,7Qi� $f� $�(�,7t�t� o.� ��riy 5at� Vlinrk P�r�-nit�ing i�ackag� $4C1,��C� $6,tJEit� �4�i,88� �.tes LEE�3 Erah��ce�! Gc�mrnissic�r�ing �Q $Ci ��7 t�. � � Pubiic in�volvement ttv9��tings �[� $C7 $C} t�sk total �124,��i} �1a1,5{�E} �27���$i� � . . r � :� i - ■ '� �• �'- ��r r '-�e� �-■-'�. -�- � !i - - ■ �: +�.' �r. �.� ,:� i +-.' . ._ ... ,�. ��.���,. -• ■ e • ,, • .�: Item # 5 120917 fs45 cn005workorderdraft.docx 8 Of 16 form revised: 8/9/2012 Attachment number 2 \nPage 9 Attachment °C' FIRE STATION 45 DESIGN HDR Engineering, Inc. Attachment'C The following terms and conditions for Construction Contract Administration phase services are based on a MODIFIED AIAOO B103T"' - 2007 STANDARD FORM OF AGREEMENT BETWEEN OWNER AND ARCHITECT; Article 3.6 CONSTRUCTION PHASE SERVICES. The recommended modifications incorporated herein are indicated by bold (added) or �*�-;'��_*�V^,.^� (deleted) text The recommended modifications have been developed through years of working with owners to address their desires and concerns and through a series of conferences between HDR's corporate counsel, contract writers and specification writers. The City should consider use of the AIA A201-2007 edition of the General Conditions of the Contract for Construction in conjunction with the project The terms and conditions below and or modifications to them may affect provisions of the A201, the A201 should be modified accordingly as agreed by the owner and architect. CONSTRUCTION PHASE SERVICES 1 GENERAL 1.1 The Architect shall provide administration of the Contract between the Owner and the Contractor as set forth below and in AIA Document A201T"'-2007, General Conditions of the Contract for Construction as modified for the Project. If the Owner and Contractor modify AIA Document A201-2007, those modifications shall not affect the Architect's services under this Agreement unless the Owner and the Architect amend this Agreement. 1.2 The Architect shall advise and consult with the Owner during the Construction Phase Services. The Architect shall have authority to act on behalf of the Owner only to the extent provided in this Agreement. The Architect shall not have control over, charge of, or responsibility for the construction means, methods, techniques, sequences or procedures, or for safety precautions and programs in connection with the Work, nor shall the Architect be responsible for the Contractor's failure to perform the Work in accordance with the requirements of the Contract Documents. The Architect shall be responsible for the Architect's negligent acts or omissions, but shall not have control over or charge of, and Item # 5 120917 fs45 workorder 9 of 16 form revised: 8/9/2012 Attachment number 2 \nPage 1i Attachment °C' shall not be responsible for, acts or omissions of the Contractor or of any other persons or entities performing portions of the Work. 1.3 Subject to Section 4.3, the Architect's responsibility to provide Construction Phase Services commences with the award of the Contract for Construction and terminates e�e a.,�„ ��,,, n,-,.�,;�,,,.� ;��,,,,� ��,,, �;�.,� r,,,-�;�;,..,�„ �,.,- D.,�,�,,,��. sixty (60) days after the date of Substantial Completion of the Work as defined in the Contract Documents or Contract for Construction. If the Contract Documents or Contract for Construction does not contain the date for Substantial Completion, the Architect's responsibility to provide Construction Phase Services shall terminate si�ty (60) days after the proposed date of Substantial Completion stipulated by the Contractor in its initial construction schedule. 2 EVALUATIONS OF THE WORK 2.1 The Architect shall visit the site at intervals appropriate to the stage of construction, or as otherwise required in Section 4.3.3, to become generally familiar with the progress and quality of the portion of the Work completed, and to determine, in general, if the Work observed is being performed in a manner indicating that the Work, when fully completed, will be in accordance with the Contract Documents. However, the Architect shall not be required to make exhaustive or continuous on-site inspections to check the quality or quantity of the Work. On the basis of the site visits, the Architect shall keep the Owner reasonably informed about the progress and quality of the portion of the Work completed, and report to the Owner (1) known deviations from the Contract Documents and from the most recent construction schedule, and (2) defects and deficiencies observed in the Work. 2.2 The Architect has the authority to reject Work that does not conform to the Contract Documents. Whenever the Architect considers it necessary or advisable, the Architect shall have the authority to require inspection or testing of the Work in accordance with the provisions of the Contract Documents, whether or not such Work is fabricated, installed or completed. However, neither this authority of the Architect nor a decision made in good faith either to exercise or not to exercise such authority shall give rise to a duty or responsibility of the Architect to the Contractor, Subcontractors, material and equipment suppliers, their agents or employees or other persons or entities performing portions of the Work. 2.3 The Architect shall interpret and decide matters concerning performance under, and requirements of, the Contract Documents on written request of either the Owner or Item # 5 120917 fs45 workorder 10 Of 16 form revised: 8/9/2012 Attachment number 2 \nPage 1 Attachment °C' Contractor. The Architect's response to such requests shall be made in writing within any time limits agreed upon or otherwise with reasonable promptness. 2.4 Interpretations and decisions of the Architect shall be consistent with the intent of and reasonably inferable from the Contract Documents and shall be in writing or in the form of drawings. When making such interpretations and decisions, the Architect shall endeavor to secure faithful performance by both Owner and Contractor, shall not show partiality to either, and shall not be liable for results of interpretations or decisions rendered in good faith. The Architect's decisions on matters relating to aesthetic effect shall be final if consistent with the intent expressed in the Contract Documents. 2.5 Unless the Owner and Contractor designate another person to serve as an Initial Decision Maker, as that term is defined in AIA Document A201-2007 as modified for the Project, the Architect shall render initial decisions on Claims between the Owner and Contractor as provided in the Contract Documents. 3 CERTIFICATES FOR PAYMENT TO CONTRACTOR 3.1 The Architect shall review and certify the amounts due the Contractor and shall issue certificates in such amounts. The Architect's certification for payment shall constitute a representation to the Owner, based on the Architect's evaluation of the Work as provided in Section 3.6.2 and on the data comprising the Contractor's Application for Payment, that, to the best of the Architect's knowledge, information and belief, the Work has progressed to the point indicated and that the quality of the Work is in accordance with the Contract Documents. The foregoing representations are subject (1) to an evaluation of the Work for conformance with the Contract Documents upon Substantial Completion, (2) to results of subsequent tests and inspections, (3) to correction of minor deviations from the Contract Documents prior to completion, and (4) to specific qualifications expressed by the Architect. 3.2 The issuance of a Certificate for Payment shall not be a representation that the Architect has (1) made exhaustive or continuous on-site inspections to check the quality or quantity of the Work, (2) reviewed construction means, methods, techniques, sequences or procedures, (3) reviewed copies of requisitions received from Subcontractors and material suppliers and other data requested by the Owner to substantiate the Contractor's right to payment, or (4) ascertained how or for what purpose the Contractor has used money previously paid on account of the Contract Sum. To the extent applicable, Certificates for Payment shall be based, in part, on the recommendations of the Construction Manager or another party providing similar services. Item # 5 120917 fs45 workorder 11 Of 16 form revised: 8/9/2012 Attachment number 2 \nPage 1; Attachment "C' 3.3 The Architect shall maintain a record of the Applications and Certificates for Payment. 4 SUBMITTALS 4.1 The Architect shall review the Contractor's submittal schedule and shall not unreasonably delay or withhold approval. The Architect's action in reviewing submittals shall be taken in accordance with the approved submittal schedule or, in the absence of an approved submittal schedule, with reasonable promptness while allowing sufficient time in the Architect's professional judgment to permit adequate review. 4.2 In accordance with the Architect-approved submittal schedule, the Architect shall review and approve or take other appropriate action upon the Contractor's submittals such as Shop Drawings, Product Data and Samples, but only for the limited purpose of checking for conformance with information given and the design concept expressed in the Contract Documents. Such review and action on the part of the Architect is limited only to the submittals identified in the Contract Documents prepared by the Architect. Review of such submittals is not for the purpose of determining the accuracy and completeness of other information such as dimensions, quantities, and installation or performance of equipment or systems, which are the Contractor's responsibility. The Architect's review shall not constitute approval of safety precautions or, unless otherwise specifically stated by the Architect, of any construction means, methods, techniques, sequences or procedures. The Architect's approval of a specific item shall not indicate approval of an assembly of which the item is a component. Informational submittals upon which the Architect is not expected to take responsive action may be identified as such in the Contract Documents. Submittals that are not required by the Contract Documents may be returned by the Architect without action. 4.3 If the Contract Documents specifically require the Contractor to provide professional design services or certifications by a design professional related to systems, materials or equipment, the Architect shall specify the appropriate performance and design criteria that such services must satisfy. The Architect shall review shop drawings and other submittals related to the Work designed or certified by the design professional retained by the Contractor that bear such professional's seal and signature when submitted to the Architect. The Architect shall be entitled to rely upon the adequacy, accuracy and completeness of the services, certifications and approvals performed or provided by such design professionals. Item # 5 120917 fs45 workorder 12 Of 16 form revised: 8/9/2012 Attachment number 2 \nPage 1; Attachment "C' 4.4 Subject to the provisions of Section 4.3, the Architect shall review and respond to requests for information about the Contract Documents. The Architect shall set forth in the Contract Documents the requirements for requests for information. Requests for information shall include, at a minimum, a detailed written statement that indicates the specific Drawings or Specifications in need of clarification and the nature of the clarification requested. The Architect's response to such requests shall be made in writing within any time limits agreed upon, or otherwise with reasonable promptness. If appropriate, the Architect shall prepare and issue supplemental Drawings and Specifications in response to requests for information. 4.5 The Architect shall maintain a record of submittals and copies of submittals supplied by the Contractor in accordance with the requirements of the Contract Documents. 5 CHANGES IN THE WORK 5.1 The Architect may authorize minor changes in the Work that are consistent with the intent of the Contract Documents and do not involve an adjustment in the Contract Sum or an extension of the Contract Time. Subject to the provisions of Section 4.3, the Architect shall prepare Change Orders and Construction Change Directives for the Owner's approval and execution in accordance with the Contract Documents. 5.2 The Architect shall maintain records relative to changes in the Work. 6 PROJECT COMPLETION 6.1 The Architect shall conduct inspections to determine the date or dates of Substantial Completion and the date of final completion; issue Certificates of Substantial Completion; receive from the Contractor and forward to the Owner, for the Owner's review and records, written warranties and related documents required by the Contract Documents and assembled by the Contractor; and issue a final Certificate for Payment based upon a final inspection indicating the Work complies with the requirements of the Contract Documents. 6.2 The Architect's inspections shall be conducted with the Owner to check conformance of the Work with the requirements of the Contract Documents and to verify the accuracy and completeness of the list submitted by the Contractor of Work to be completed or corrected. Item # 5 120917 fs45 workorder 13 of 16 form revised: 8/9/2012 Attachment number 2 \nPage 1� Attachment "C' 6.3 When the Work is found to be substantially complete, the Architect shall inform the Owner about the balance of the Contract Sum remaining to be paid the Contractor, including the amount to be retained from the Contract Sum, if any, for final completion or correction of the Work. 6.4 The Architect shall forward to the Owner the following information to the extent received from the Contractor: (1) consent of surety or sureties, if any, to reduction in or partial release of retainage or the making of final payment; (2) affidavits, receipts, releases and waivers of liens or bonds indemnifying the Owner against liens; and (3) any other documentation required of the Contractor under the Contract Documents. 6.5 Upon request of the Owner, and prior to the expiration of one year from the date of Substantial Completion, the Architect shall, without additional compensation, conduct a meeting with the Owner to review the facility operations and performance. 7 ADDITIONAL SERVICES 7.1 To avoid delay in the Construction Phase, the Architect shall provide the following Additional Services, notify the Owner with reasonable promptness, and explain the facts and circumstances giving rise to the need. If the Owner subsequently determines that all or parts of those services are not required, the Owner shall give prompt written notice to the Architect, and the Owner shall have no further obligation to compensate the Architect for those services: Reviewing a Contractor's submittal out of sequence from the submittal schedule agreed to by the Architect; Responding to the Contractor's requests for information that are not prepared in accordance with the Contract Documents or where such information is available to the Contractor from a careful study and comparison of the Contract Documents, field conditions, other Owner- provided information, Contractor-prepared coordination drawings, or prior Project correspondence or documentation; Preparing Change Orders and Construction Change Directives that require evaluation of Contractor's proposals and supporting data, or the preparation or revision of Instruments of Service; 4 Evaluating an extensive number of Claims as the Initial Decision Maker; Evaluating substitutions proposed by the Owner or Contractor and making subsequent revisions to Instruments of Service resulting therefrom; or Item # 5 120917 fs45 workorder 14 of 16 form revised: 8/9/2012 Attachment number 2 \nPage 1; Attachment "C' 6 To the extent the Architect's Basic Services are affected, providing Construction Phase Services 60 days after (1) the date of Substantial Completion of the Work or (2) the anticipated date of Substantial Completion, identified in Initial Information, whichever is earlier. 7.2 The Architect shall provide Construction Phase Services exceeding the limits set forth below as Additional Services. When the limits below are reached, the Architect shall notify the Owner: Two (2) reviews of each Shop Drawing, Product Data item, sample and similar submittal of the Contractor Eleven (11) visits to the site by the Architect over the duration of the Project during construction Two (2) inspections for any portion of the Work to determine whether such portion of the Work is substantially complete in accordance with the requirements of the Contract Documents 4 One (1) inspections for any portion of the Work to determine final completion 7.3 If the services covered by this Agreement have not been completed within 365 Calendar days from the date of Owners Notice to Proceed with Construction (NTP) to the Contractor, through no fault of the Architect, extension of the Architect's services beyond that time shall be compensated as Additional Services. 8 OWNER'S RESPONSIBILITIES 8.1 If the Owner contracts separately for any design services, those services shall be performed by professional consultants licensed in the state of the Project, who shall affix their seals on the appropriate documents prepared by them. The contract between the Owner and the Owner's consultants shall require the consultants to coordinate their drawings and other instruments of service with those of the Architect and to advise the Architect of any potential conflict. The Architect shall have no responsibility for the components of the Project designed by the Owner's consultants. Review by the Architect of such consultants' drawings and other instruments of service is solely for consistency with the Architect's design concept for the Project. The Architect shall be entitled to rely on the technical sufficiency and timely delivery of documents and services furnished by the Owner's consultants, including without limitation the computations performed by those consultants in connection with such documents and services and shall not be required to review or verify those computations or designs for compliance with applicable laws, Item # 5 120917 fs45 workorder 15 of 16 form revised: 8/9/2012 Attachment number 2 \nPage 1i Attachment "C' statutes, ordinances, building codes, and rules and regulations. The Owner shall indemnify and hold harmless the Architect, Architect's consultants, and agents and employees of any of them from and against claims, damages, losses and expenses, including without limitation attorney's fees, arising out of the documents prepared by and services performed by the Owner's consultants. 8.2 During the construction phase of the Project, the Owner shall require the Construction Manager, �� ^��'�^^'�'^, ^r *'�^ r^„*r^^*^r to notify the Architect of any known or reasonable foreseeable health or safety hazards at the Project site and shall further require that the Construction Manager, if applicable, or the Contractor provide any health and safety equipment necessary for the Architect to perform its services at the Project site. The Owner shall be responsible for providing such notification and equipment during other phases of the Project. 8.3 The Owner shall apply for and obtain and all certificates of occupancy, licenses and permits which may be required by governmental authorities having jurisdiction over the Project and which are a prerequisite to occupancy, use or operation of the Project by Owner. 8.4 If the Owner accepts non-conforming Work or authorizes deviations from the documents prepared by the Architect or Architect's consultants, recorded or unrecorded, without written agreement of the Architect, the Owner shall indemnify and hold harmless the Architect, Architect consultants and the officers, directors, agents and employees of each of them from and against all claims, damages, losses and expenses, including but not limited to attorney's fees, arising out of or resulting in whole or in part from such deviations, regardless whether or not such claims, damages, losses or expenses are caused in part by a party indemnified hereunder. 8.5 It is understood and agreed that the nature of the design process is such that plans, specifications and other documentation prepared by or related services performed by the Architect under this Agreement may contain errors, omissions, conflicts, ambiguities or design uncertainties requiring correction, modification or clarification. Accordingly, the Owner agrees to establish a design contingency equal to a minimum of two percent (2%) of the Cost of the Work, which shall be utilized by the Owner for construction costs attributable to any such errors, omissions, conflicts, ambiguities or design uncertainties, excluding any improvement or betterment costs. Construction costs incurred by the Owner, excluding any improvement or betterment costs, in excess of this design contingency shall be the responsibility of the Architect, but only to the extent caused by Architect's negligent acts, errors, or omissions in the performance of services under this Agreement. Item # 5 120917 fs45 workorder 16 of 16 form revised: 8/9/2012 Attachment number 3 \nPage 1 CITY OF CLEARWATER NOTICE OF PUBLIC HEARING PENNY FOR PINELLAS PROJECTS CITY COUNCIL MEETING Thursday, October 4, 2012 6:00 p.m. A public hearing will be held by the City of Clearwater, in City Council Chambers, in City Hall, 3�a floor, 112 South Osceola Avenue, Clearwater, Florida, regarding the use of Penny for Pinellas funding for the following project: The following currently approved project reflects changes in scope and funding level: Main Fire Station — The fire station 45 project includes construction of a new 32,800 square foot, 3- story station on Court Street and Madison Avenue. The current station was not constructed to accommodate a diverse workforce, and the technological changes that have occurred since its construction in 1974. The relocation of the station from the current location to a maj or thoroughfare will improve response times. The station will be a category 5 building with expectations of a Leadership in Energy and Environmental Design (LEED) Silver certification. The station includes four vehicle bays and support offices on the first floor, firefighter living quarters on the second floor, and administrative and fire prevention offices on the third floor. This project is currently funded with $8,057,520 of Penny for Pinellas funds. Final budget proposal for this plan necessitates an increase of $5,660,143 to bring the total Penny for Pinellas funding to $13,717,663 for this project for capital construction and debt costs. Interested parties may appear and be heard at the hearing or file written notice of approval or objection with the City Clerk prior to the hearing. Any person who decides to appeal any decision made by the Commission, with respect to any matter considered at such hearing, will need a record of the proceedings and, for such purpose, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based per Florida Statute 286.0105. All individuals speaking on public hearing items will be sworn in. Rosemarie Call, CMC City Clerk City of Clearwater P.O. Box 4748, Clearwater, FL 33758-4748 A COPY OF THIS AD IN LARGE PRINT IS AVAILABLE IN THE CITY CLERK DEPARTMENT. ANY PERSON WITH A DISABILITY REQUIRING REASONABLE ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS MEETING SHOULD CALL THE CITY CLERK DEPT WITH THEIR REOUEST AT (727) 562-4090. I[�'ii�:�7 Penny for Pinellas - Proposed Funding for October 2012 Public Hearing Fiscal Years 2012/13 - 2019/20 Penny III Proposed Penny III Approved Changes Revised Beginning Balance: Penny III Proceeds Gulf Bquleuard Reixnbursament Estimated Revenue High Prioriry Downtown Intermodal Facility Police Vehicles Fire Engines Main�ireStation-LoanrepapmenY ' Main Fire Station Interest on Loaff.. �: Counhyside Fn�e Station Lakeview Fn�e Station Clearwater Beach Fire Station Medium Priority Ciry-wide Seawall Replacement Traffic Calmin¢ Consolidated "Eastside/SPC' Libizry Counhyside Library Renovation Libruy Technology Ruth Eckerd Hall Capitol Theah�e Coachman Park Redevelopment New Sidewalk Conshuction Total Projects Projects 2012/13 2013/14 2014/15 2015/16 2016/17 2017/18 2018/19 2019/20 Approved 4,497,552 3,148,787 2,536,193 2,354,761 354,582 33,104 3,256,698 3,453,297 4,497,552 8,381,110 8,632,543 8,891,520 9,158,265 9,433,013 9,716,004 1Q007,484 4,231,940 68,451,878 670;838 670,838 670,838 67tl,$�8 1,341,676 '�; 1,341,fi76 1,3A1,676 ; 6,708,380 13 549 500 12 452168 12 098 550 12183 864 11129 271 11090 783 14 605 857 7 685 237 79 657 810 5,425,000 5,425,000 5,425,000 5,425,000 900,000 900,000 300,000 200,000 200,000 100,000 100,000 900,000 1,1OQ500 1,1OQ500 528,680 571,820 1,1OQ500 5,243,730 ��� 5,243,730 b70,$38 57R,83$ 670,83$ 670,838 �,250,000 �� 1,310,378 5,243,730 ! 416,413 i 104,875 91,458 7&,041 b4,624 51,208 ', 26,208 416413 3,697,910 3,697,910 400,000 3,297,910 3,697,910 4,198,460 4,198,460 400,000 3,798,460 4,198,460 4,305,560 4,305,560 400,000 3,905,560 4,305,560 4,48Q000 3,22Q000 7,SOQ000 4,70Q000 1,25Q000 500,000 3,SOQ000 S,OOQ000 2,833,250 4,48Q000 3,22Q000 7,SOQ000 4,70Q000 1,25Q000 500,000 3,SOQ000 S,OOQ000 2,833,250 Low Priority Downtown Streetscaping 6,OOQ000 6,OOQ000 Sid Lickton Complex Renovations 2,350,000 2,350,000 Youth Sports Fields Renovations 2,350,500 2,350,500 Neighborhood Parks Renovations S,OOQ000 S,OOQ000 7oe DiMaggio Press Box & Stoizge 268,500 268,500 EC Moore 8& 9 Renovations/Press Box 175,000 175,000 Frank Tack Park Parking Lot 399,500 399,500 Counhyside Plex Resh�oom/Concession 656,500 656,500 Bicycle Paths-Bridges 3,OOQ000 3,OOQ000 Total Penny LLL Projects 72 810 680 5 660143 78 054 410 245,000 605,000 280,000 420,000 500,000 7,OOQ000 4,70Q000 1,25Q000 2,35Q000 605,000 605,000 605,000 605,000 605,000 605,000 420,000 420,000 420,000 420,000 420,000 420,000 500,000 3,SOQ000 S,OOQ000 472,000 472,000 472,000 472,000 472,000 473,250 1,25Q000 268,500 175,000 656,500 750,000 2,OOQ000 2,OOQ000 2,OOQ000 600,500 1,75Q000 1,25 Q000 1,25 Q000 1,25 Q000 399,500 750,000 750,000 750,000 4,48Q000 3,22Q000 7,SOQ000 4,70Q000 1,25Q000 500,000 3,SOQ000 S,OOQ000 2,833,250 6,OOQ000 2,35Q000 2,35Q500 S,OOQ000 268,500 175,000 399,500 656,500 3,OOQ000 Planned Project Expenditures 72,810,680 5,660,143 78,054,410 10,400,713 9,915,976 9,743,789 11,829,282 11,096,168 7,834,086 11,152,560 6,498,250 78,470,823 Estimated Available Balance 3 148 787 2 536193 2 354 761 354 582 33104 3 256 698 3 453 297 1 186 987 1 186 987 Item # 5 Attachment number 5 \nPage 1 Capital Improvement Project Checklist si�si2o�2-a:os PM Main Station Renovation/Reconstruction Project 91253 Estimated Cauital Costs: Estimated Cost L Land Acquisition A. Land 140,130 B. Properry Appraisal C. Closing & Title Costs 2,000 Total Land Acquisition 142,130 CONSTRUCTION COSTS (II, III, IV) IL Professional Services A. Architect 1,144,205 B. Engineer C. Legal D. Consulting - LEED 12,250 E. Project Management (both external and internal) 387,415 F. Marketing, feasibility, financial, traffic, other study Total Professional Services 1,543,870 IIL Site Development A. Contamination Assessment B. Permits (E.P.A., F.D.E.P., SWFWMD, County, City, etc.) 600 C. Fees (Impact, proprietary, other) 3,000 D. Demolition Total Site Development 3,600 IV. Construction A. Outside Contractors 10,924,120 B. Internal City Departments: 1. Site work- Public Works - 2. Parking- Traffic 3. Landscaping- Parks and Recreation 4. Building Services-General Services C. CEI (Construction Engineering & Inspection) Total Construction 10,924,120 SUBTOTAL - CONSTRUCTION COSTS 12,471,590 V. Furniture, Machinery & Operatin�Equipment 562,814 Total Furniture, Mach, & Operating Equip 562,814 VI. Other Costs A. Public Art Total Other Costs 124,716 GRAND TOTAL 13,301,250 �[i�'ii�:�•7 � a �;, � � � ; a z r � � `��; �� > � ,° � „ � � _ � `� �; , � , a� , � „ ,.. „ _ ... , ,. a ,.. 7 � , ��>,��, . . � � ��� � ��� � � �� � � �� � � � ������ ����� � ; .� �� � �r _ e��, � > � r.� �� � � � �� _�� _ , —T.�.�, °�--,___ � ----.`_.._-�---------- ���.T,� —�� ��.—�—��._��� --.� � -._�_ _ `� � y .�_---�--_�,.�__ � —� _., ��. _.� � �-`°°�-____ ,� �.- � --a� `-- -- -- - ,.-- Attachment number 6 \nPage 2 CITY OF CLEAR WATER FIRE STATION #45 Guaranteed Maximum Price (GMP) Proposal BCC Job No. 948 TABLE OF CONTENTS ❖ Article 1- Guaranteed Maximum Price (GMP) Proposal •'• Project Summary ❖ Exhibit A— Enumeration of Documents ❖ Exhibit B - Allowance Items ❖ Exhibit C- Assumptions and Clarifcations ❖ Exhibit D - Construction Schedule ❖ Exhibit E - Alternate Prices BILTMORE CONSTRUCTl�,�(�, �VC. 1 9/17/2012 Attachment number 6 \nPage 3 CITY OF CLEAR WATER FIRE STATION #45 Guaranteed Maximum Price (GMP) Proposal BCC Job No. 948 ARTICLE 1— Guaranteed Maximum Price (GMP) Proposal Biltmore Construction Co., Inc. proposes to complete the work, as described herein, for the Guaranteed Maximum Price (GMP) of: Ten Million Nine Hundred Twentv-Four Thousand One Hundred Twentv-One Dollars ($10,924,121.00) This Price is for the performance of the Work as described herein and in accordance with the Contract Documents and Exhibits A through Exhibit E. This Guaranteed Maximum Price (GMP) proposal must be accepted in writing by the Owner on or before November 4th, 2012, after said date this Guaranteed Maximum Price (GMP) proposal shall be null and void, absent the express written acceptance by Biltmore Construction Co., Inc. By acceptance of the GMP and issuance of a Purchase Order and/or Notice to Proceed the City of Clearwater hereby will incorporate the GMP into the Agreement between Owner and Construction Manager. BILTMORE CONSTRUCTl�,�(�, �VC. 2 9/17/2012 Attachment number 6 \nPage 4 CITY OF CLEAR WATER FIRE STATION #45 Guaranteed Maximum Price (GMP) Proposal BCC Job No. 948 GUARANTEED MAXIMUM PRICE SUMMARY _ . ��� ��� , .; � .. ,, �, . ; �!����x�n � �����z�� �!����� ��n c���h� W�?�� �i�c���� 1 Materials Testin 15,920.00 2 Existing Conditions — Steel Building Demolition and Pre-Demo Damage Survey 18,000.00 3 Concrete — Cast-in-Place Concrete 328,272.00 Precast Concrete 1,735,011.00 Polished Concrete 35,584.00 4 Maso - 48,440.00 5 Metals - Structural Steel, Misc. Metals, and Stair Rails 220,043.00 6 Wood, Plastics, and Com osites 45,235.00 '7 Thermal and Moisture Protection - 596,025.00 Waterproofing, Insulation, Roofing, Ah�iliinum Composite Panels, Firestopping, Joint Sealants g Openings - 875,926.00 Hollow Metal Doors and Frames; Wood Doors and Hardware; Overhead Doors and Apparatus Bay Doors; Aluminum Doors and Windows; and Glass and Glazin 9 Finishes - 857,531.00 Stucco, Drywall Systems, Tile, Acoustical Ceilings, Carpet, Resilient Floorin , Paintin , Water Va or Emission Control Allowance. 10 Specialties - 411,872.00 Toilet Accessories, Partitions, Flagpole, Fire Ext., Signage, Plaques, Shelvin , Modular Walls, Traffic Mirrors 11 Equipment - 67,069.00 Parkin , Kitchen, TV Brackets, Smart Boards 12 Furnishings - Office, Bunkrooms, Gear Lockers, Window Treatments 393,169.00 13 Special Construction — 223,333.00 Solar Hot Water Heating System Antenna S stems 14 Passen er Elevators - 86,000.00 21 Fire Protection - 82,098.00 22 Plumbin - 214,113.00 23 HvAC - 841,688.00 26,27, 28 Electric, Telecommunication S stems, Electronic Safet and Securit 1,095,102.00 31 32 33 Earthwork and Exterior Improvements, Utilities - 874,716.00 > > Earthwork, Site Utilities, Paving, Site Structures and Improvements, Landsca in and Irri ation "Direct Cost" Subtotal $ 9,065,147.00 Construction Contin enc 634,560.00 General Conditions 633,709.00 Builder's Risk ( No deductibles are Included) NIC General Liabilit Insurance 100,502.00 Performance and Pa ment Bonds 70,045.00 Preconstruction Fee NIC 4.0% Construction Fee 420,158.00 TOTAL GUARANTEED MAXIMITM'PRICE '10,924,121.00' . BILTMORE CONSTRUCTl�,�(�, �VC. 9/17/2012 Attachment number 6 \nPage 5 CITY OF CLEAR WATER FIRE STATION #45 Guaranteed Maximum Price (GMP) Proposal BCC Job No. 948 PROJECT SUMMARY The construction of a new approximately 33,000 SF square foot fire station/administration offices and all related site work activities to support the building at 1140 Court Street, Clearwater, Florida. The Fire Station will be attempting to achieve a Silver LEED rating through the USGBC. BILTMORE CONSTRUCTl�,�(�, �VC. 4 9/17/2012 Attachment number 6 \nPage 6 CITY OF CLEAR WATER FIRE STATION #45 Guaranteed Maximum Price (GMP) Proposal BCC Job No. 948 EXHIBIT A— Enumeration of Documents Contract Documents including 100 % Design Development Drawings, Specifications, Addenda, and General, Supplementary, and other Conditions of the Contract on which the Guaranteed Maximum Price (GMP) Proposal is based. See Attached BILTMORE CONSTRUCTl�,�(�, �VC. 5 9/17/2012 Note: Number Specification 01 10 00 01 11 16 01 21 16 01 23 00 01 23 04 01 25 13 01 26 13 01 29 00 01 31 19 01 32 16 01 32 26 01 33 00 01 35 36 01 42 11 01 42 16 01 43 39 01 43 43 01 45 23 01 50 00 � . �r 01 65 00 01 73 29 01 74 19 01 74 23 01 77 00 01 78 23 01 78 26 01 78 36 01 78 39 01 78 43 01 79 00 Attachment number 6 \nPage 7 Enumeration of Documents 100% Rev. DD Issued 8-16-12 Received by Biltmore Construction 8-17-12 Biltmore Construction Co., Inc. 1-0948 Clearwater Fire Station #45 Missing Sheets are stricken Sheets not in index are highlighted Title BASIS OF STRUCTURAL DESIGN WORK BY OWNER CONTINGENCY ALLOWANCES ALTERNATES CHANGES IN WORK SUBSTITUTION PROCEDURES AFTER EXECUTION OF CONTRACT REQUESTS FOR INFORMATION (RFI) APPLICATIONS FOR PAYMENT AND SCHEDULE OF VALUES (GC) PROJECT MEETINGS CONSTRUCTION SCHEDULES PROGRESS REPORTS SUBMITTAL PROCEDURES LEED REQUIREMENTS ABBREVIATIONS -ORGANIZATIONS AND STANDARDS DEFINITIONS MOCK-UPS COORDINATION DRAWINGS (GC) TESTS AND INSPECTIONS CONSTRUCTION FACILITIES, TEMPORARY CONTROLS AND UTILITIES ACCEPTABLE MANUFACTURERS AND PRODUCTS DELIVERY, HANDLING AND STORAGE: MATERIALS AND EQUIPMENT CUTTING AND PATCHING CONSTRUCTION WASTE MANAGEMENT CLEANI NG CONTRACT CLOSEOUT (GC) OPERATION AND MAINTENANCE DATA INTERIOR FINISH FIRE PERFORMANCE DATA WARRANTIES AND GUARANTEES PROJECT RECORD DOCUMENTS SPARE PARTS AND MAINTENANCE MATERIALS SYSTEM DEMONSTRATIONS Date Rev. 8/16/2012 100% Rev DD 8/16/2012 100% Rev DD 8/16/2012 100% Rev DD 8/16/2012 100% Rev DD 8/16/2012 100% Rev DD 8/16/2012 100% Rev DD 8/16/2012 100% Rev DD 8/16/2012 100% Rev DD 8/16/2012 100% Rev DD 8/16/2012 100% Rev DD 8/16/2012 100% Rev DD 8/16/2012 100% Rev DD 8/16/2012 100% Rev DD 8/16/2012 100% Rev DD 8/16/2012 100% Rev DD 8/16/2012 100% Rev DD 8/16/2012 100% Rev DD 8/16/2012 100% Rev DD 8/16/2012 100% Rev DD 8/16/2012 100% Rev DD 8/16/2012 100% Rev DD 8/16/2012 100% Rev DD 8/16/2012 100% Rev DD 8/16/2012 100% Rev DD 8/16/2012 100% Rev DD 8/16/2012 100% Rev DD 8/16/2012 100% Rev DD 8/16/2012 100% Rev DD 8/16/2012 100% Rev DD 8/16/2012 100% Rev DD 8/16/2012 100% Rev DD Item # 5 Page 1 of 10 Enumeration of Documents 100% Rev. DD Issued 8-16-12 Received by Biltmore Construction 8-17-12 01 81 21 INDOOR AIR QUALITY MANAGEMENT (IAQ) DURING CONSTRUCTION 01 81 22 INDOOR AIR QUALITY MANAGEMENT (IAQ) BEFORE OCCUPANCY 02 41 00 DEMOLITION 03 08 16 CONCRETE TESTING AND EVALUATION - CONTRACTOR 03 11 00 CONCRETE FORMWORK 03 20 00 CONCRETE REINFORCING 03 31 00 CONCRETE MATERIALS AND PROPORTIONING 03 31 10 CONCRETE MIXING, PLACING, JOINTING AND CURING 04 05 05 COLD AND HOT WEATHER MASONRY PROCEDURES 04 05 10 MASONRY CLEANING 04 05 13 PORTLAND CEMENT-LIME (PCL) MORTARS & GROUT 04 05 23 MASONRY ACCESSORIES 04 21 13 BRICK MASONRY 04 22 00 CONCRETE MASONRY (CMU) 04 72 00 CAST STONE 05 12 10 STRUCTURAL STEEL 05 36 00 COMPOSITE METAL FORM DECK 05 50 10 MISCELLANEOUS METAL FABRICATIONS 05 50 13 STEEL STAIRS AND RAILINGS 06 10 53 ROUGH CARPENTRY 06 20 00 FINISH CARPENTRY 07 14 16 COLD, FLUID-APPLIED WATERPROOFING 07 21 00 BUILDING INSULATION 07 27 29 FLUID-APPLIED AIR BARRIER -VAPOR PERM EABLE 07 42 43 ALUMINUM COMPOSITE MATERIAL (ACM) SYSTEM 07 54 21 ADHERED FELTBACK PVC ROOFING SYSTEM 07 62 00 FLASHING AND SHEET METAL 07 72 13 PREFABRICATED ROOF PORTALS, PEDESTALS, AND CURBS 07 81 16 FIREPROOFING -PERFORMANCE BASED 07 84 00 FIRESTOPPING 07 84 53 PERIMETER FIRE CONTAINMENT SYSTEMS 07 92 13 EXTERIOR JOINT SEALANTS 07 92 16 INTERIOR JOINT SEALANTS 08 06 00 DOOR, FRAME AND HARDWARE SCHEDULE (SOME PAGES BLANK) 08 06 13 OVERHEAD DOOR SCHEDULE 08 11 13 HOLLOW METAL (HM) DOORS AND FRAMES Page 2 of 10 Attachment number 6 \nPage 8 8/16/2012 100% Rev DD 8/16/2012 100% Rev DD 8/16/2012 100% Rev DD 8/16/2012 100% Rev DD 8/16/2012 100% Rev DD 8/16/2012 100% Rev DD 8/16/2012 100% Rev DD 8/16/2012 100% Rev DD 8/16/2012 100% Rev DD 8/16/2012 100% Rev DD 8/16/2012 100% Rev DD 8/16/2012 100% Rev DD 8/16/2012 100% Rev DD 8/16/2012 100% Rev DD 8/16/2012 100% Rev DD 8/16/2012 100% Rev DD 8/16/2012 100% Rev DD 8/16/2012 100% Rev DD 8/16/2012 100% Rev DD 8/16/2012 100% Rev DD 8/16/2012 100% Rev DD 8/16/2012 100% Rev DD 8/16/2012 100% Rev DD 8/16/2012 100% Rev DD 8/16/2012 100% Rev DD 8/16/2012 100% Rev DD 8/16/2012 100% Rev DD 8/16/2012 100% Rev DD 8/16/2012 100% Rev DD 8/16/2012 100% Rev DD 8/16/2012 100% Rev DD 8/16/2012 100% Rev DD 8/16/2012 100% Rev DD 8/16/2012 100% Rev DD 8/16/2012 100% Rev DD 8/16/2012 100% Rev DD I[�ii�:�•7 Enumeration of Documents 100% Rev. DD Issued 8-16-12 Received by Biltmore Construction 8-17-12 08 14 16 FLUSH WOOD DOORS 08 33 26 OVERHEAD COILING GRILLE (CG) -NORMAL DUTY 08 36 15 SECTIONAL STEEL DOOR (SSD) 08 41 26 ALL-GLASS DOOR ENTRANCES 08 44 13 CURTAIN WALL SYSTEMS (CWS) 08 71 13 AUTOMATIC SWINGING DOOR OPERATORS 08 81 02 EXTERIOR GLASS AND GLAZING 08 91 00 ARCHITECTURAL LOUVERS 09 06 10 ROOM FINISH AND COLOR SCHEDULE 09 22 16 NON-STRUCTURAL METAL FRAMING 09 29 00 GYPSUM WALLBOARD 09 30 00 TI LE 09 51 00 ACOUSTICAL AND CEILING TILE MATERIALS (AM) 09 60 05 WATER VAPOR EMISSION CONTROL FOR CONCRETE WITH APPLIED � FLOORING 09 65 13 RESILIENT BASE (RB) 09 65 15 SHEET VINYL FLOORING (SV) 09 65 17 LINOLEUM (LN) 09 67 13 WATERPROOF FLOORING (WPF) 09 67 81 CONCRETE FLOOR SEALER (CFS-ND) 09 68 13 CARPET TILE (CPTT) 09 69 00 ACCESS FLOORING 09 91 13 EXTERIOR PAINTING 09 91 23 INTERIOR PAINTING 10 14 16 PLAQUES (SPECIFICATION MISSING) 10 14 23 SIGNS 10 21 15 SOLID SURFACE TOILET PARTITIONS 10 21 18 SOLID POLYMER SHOWERS 10 21 31 SHOWER CURTAINS 10 22 13 WIRE MESH PARTITIONS 10 22 19 DEMOUNTABLE PARTITIONS 10 22 21 MODULAR INTERIOR WALLS 10 28 13 TOILET AND BATH ACCESSORIES 10 44 00 FIRE PROTECTION SPECIALTIES 10 75 00 FLAGPOLES 10 81 13 BIRD CONTROL DEVICE (SPECIFICATION MISSING) 10 86 00 OBSERVATION MIRRORS (SPECIFICATION MISSING) 11 12 00 PARKING EQUIPMENT 11 52 13 PROJECTION SCREENS 12 05 01 FURNITURE AND FURNISHINGS -GENERAL REQUIREMENTS Page3of10 Attachment number 6 \nPage 9 8/16/2012 100% Rev DD 8/16/2012 100% Rev DD 8/16/2012 100% Rev DD 8/16/2012 100% Rev DD 8/16/2012 100% Rev DD 8/16/2012 100% Rev DD 8/16/2012 100% Rev DD 8/16/2012 100% Rev DD 8/16/2012 100% Rev DD 8/16/2012 100% Rev DD 8/16/2012 100% Rev DD 8/16/2012 100% Rev DD 8/16/2012 100% Rev DD 8/16/2012 100% Rev DD 8/16/2012 100% Rev DD 8/16/2012 100% Rev DD 8/16/2012 100% Rev DD 8/16/2012 100% Rev DD 8/16/2012 100% Rev DD 8/16/2012 100% Rev DD 8/16/2012 100% Rev DD 8/16/2012 100% Rev DD 8/16/2012 100% Rev DD 8/16/2012 100% Rev DD 8/16/2012 100% Rev DD 8/16/2012 100% Rev DD 8/16/2012 100% Rev DD 8/16/2012 100% Rev DD 8/16/2012 100% Rev DD 8/16/2012 100% Rev DD 8/16/2012 100% Rev DD 8/16/2012 100% Rev DD 8/16/2012 100% Rev DD 8/16/2012 100% Rev DD 8/16/2012 100% Rev DD 8/16/2012 100% Rev DD 8/16/2012 100% Rev DD 8/16/2012 100% Rev DD 8/16/2012 100% Rev DD I[�'ii�:�7 Enumeration of Documents 100% Rev. DD Issued 8-16-12 Received by Biltmore Construction 8-17-12 12 05 03 CURTAINS AND WINDOW COVERINGS - GENERAL REQUIREMENTS 12 24 14 ROLLER SHADES 12 34 00 ARCHITECTURAL CASEWORK (AC) 12 36 63 SOLID SURFACE FABRICATIONS (SSF) 12 36 65 ENGINEERED QUARTZ FABRICATIONS (EQF) 12 48 13 ENTRANCE MATS (EM) 14 21 26 GEARLESS TRACTION ELEVATORS - PASSENGER 14 24 23 HYDRAULIC ELEVATORS -PASSENGER (SPECIFICATION MISSING) 21 05 00 COMMON WORK RESULTS FOR FIRE SUPPRESSION 21 13 13 WET PIPE SPRINKLER SYSTEMS 22 05 00 COMMON WORK RESULTS FOR PLUMBING 22 05 19 METERS AND GAGES FOR PLUMBING PIPING 22 05 23 GENERAL DUTY VALVES FOR PLUMBING PIPING 22 05 53 IDENTIFICATION FOR PLUMBING PIPING AND EQUIPMENT 22 07 00 PLUMBING INSULATION 22 11 16 DOMESTIC WATER PIPING 22 11 19 DOMESTIC WATER PIPING SPECIALTIES 22 13 16 SANITARY WASTE AND VENT PIPING (SPECIFICATION MISSING) 22 13 19 SANITARY WASTE PIPING SPECIALTIES (SPECIFICATION MISSING) 22 14 13 STORM DRAINAGE PIPING 22 14 23 STORM DRAINAGE PIPING SPECIALTIES 22 14 29 SUMP PUMPS 22 23 30 ELECTRIC DOMESTIC WATER HEATERS 22 40 00 PLUMBING FIXTURES 23 00 00 COMMON REQUIREMENTS FOR HVAC 23 05 00 COMMON WORK RESULTS FOR HVAC 23 05 13 COMMON MOTOR REQUIREMENTS FOR HVAC EQUIPMENT 23 05 19 METERS AND GAUGES FOR HVAC PIPING (SPECIFICATION MISSING) 23 05 29 HANGERS AND SUPPORTS FOR HVAC PIPING AND EQUIPMENT 23 05 35 VARIABLE FREQUENCY DRIVES 23 05 48 VIBRATION CONTROLS FOR HVAC PIPING AND EQUIPMENT 23 05 53 IDENTIFICATION FOR HVAC PIPING AND EQUIPMENT Page 4 of 10 Attachment number 6 \nPage 1i 8/16/2012 100% Rev DD 8/16/2012 100% Rev DD 8/16/2012 100% Rev DD 8/16/2012 100% Rev DD 8/16/2012 100% Rev DD 8/16/2012 100% Rev DD 8/16/2012 100% Rev DD 8/16/2012 100% Rev DD 8/16/2012 100% Rev DD 8/16/2012 100% Rev DD 8/16/2012 100% Rev DD 8/16/2012 100% Rev DD 8/16/2012 100% Rev DD 8/16/2012 100% Rev DD 8/16/2012 100% Rev DD 8/16/2012 100% Rev DD 8/16/2012 100% Rev DD 8/16/2012 100% Rev DD 8/16/2012 100% Rev DD 8/16/2012 100% Rev DD 8/16/2012 100% Rev DD 8/16/2012 100% Rev DD 8/16/2012 100% Rev DD 8/16/2012 100% Rev DD 8/16/2012 100% Rev DD 8/16/2012 100% Rev DD 8/16/2012 100% Rev DD 8/16/2012 100% Rev DD 8/16/2012 100% Rev DD 8/16/2012 100% Rev DD 8/16/2012 100% Rev DD 8/16/2012 100% Rev DD I[�'ii�:�7 Enumeration of Documents 100% Rev. DD Issued 8-16-12 Received by Biltmore Construction 8-17-12 23 05 93 TESTING, ADJUSTING, AND BALANCING FOR HVAC 23 07 00 HVAC INSULATION 23 07 19 HVAC PIPING INSULATION 23 09 00 INSTRUMENTATION AND CONTROL FOR HVAC 23 11 23 FACILITY NATURAL-GAS PIPING 23 23 00 REFRIGERANT PIPING 23 24 00 VARIABLE REFRIGERANT FLOW 23 30 30 AIR DUCT ACCESSORIES 23 31 13 METAL DUCTS 23 34 23 HVAC POWER VENTILATORS 23 36 00 AIR TERMINAL UNITS 23 37 13 DIFFUSERS, REGISTERS, AND GRILLES 23 72 00 AIR-TO-AIR ENERGY RECOVERY EQUIPMENT 23 73 13 MODULAR INDOOR CENTRAL-AIR HANDLING UNITS 23 81 26 SPLIT-SYSTEM AIR CONDITIONERS 26 01 00 BASIC ELECTRICAL REQUIREMENTS 26 05 19 LOW-VOLTAGE ELECTRICAL POWER CONDUCTORS AND CABLES 26 05 26 GROUNDING AND BONDING FOR ELECTRICAL SYSTEMS 26 05 29 HANGERS AND SUPPORTS FOR ELECTRICAL SYSTEMS 26 05 33 RACEWAYS AND BOXES FOR ELECTRICAL SYSTEMS 26 05 53 IDENTIFICATION FOR ELECTRICAL SYSTEMS 26 09 23 LIGHTING CONTROL DEVICES 26 22 00 LOW VOLTAGE TRANSFORMER 26 24 13 SWITCHBOARDS 26 24 16 PANELBOARDS 26 27 13 ELECTRICITY METERING 26 27 26 WIRING DEVICES 26 28 13 FUSES 26 28 16 ENCLOSED SWITCHES AND CIRCUIT BREAKERS 26 29 13 26 32 13 26 36 00 26 43 13 26 51 00 26 56 00 27 00 10 27 05 26 27 05 28 ENCLOSED CONTROLLERS PACKAGED ENGINE GENERATOR TRANSFER SWITCHES TRANSIENT VOLTAGE SURGE SUPPRESSORS INTERIOR LIGHTING EXTERIOR LIGHTING TECHNOLOGY GENERAL PROVISIONS GROUNDING AND BONDING FOR TELECOMMUNICATION SYSTEMS RACEWAYS FOR TECHNOLOGY Attachment number 6 \nPage 1 8/16/2012 100% Rev DD 8/16/2012 100% Rev DD 8/16/2012 100% Rev DD 8/16/2012 100% Rev DD 8/16/2012 100% Rev DD 8/16/2012 100% Rev DD 8/16/2012 100% Rev DD 8/16/2012 100% Rev DD 8/16/2012 100% Rev DD 8/16/2012 100% Rev DD 8/16/2012 100% Rev DD 8/16/2012 100% Rev DD 8/16/2012 100% Rev DD 8/16/2012 100% Rev DD 8/16/2012 100% Rev DD 8/16/2012 100% Rev DD 8/16/2012 100% Rev DD 8/16/2012 100% Rev DD 8/16/2012 100% Rev DD 8/16/2012 100% Rev DD 8/16/2012 100% Rev DD 8/16/2012 100% Rev DD 8/16/2012 100% Rev DD 8/16/2012 100% Rev DD 8/16/2012 100% Rev DD 8/16/2012 100% Rev DD 8/16/2012 100% Rev DD 8/16/2012 100% Rev DD 8/16/2012 100% Rev DD 8/16/2012 100% Rev DD 8/16/2012 100% Rev DD 8/16/2012 100% Rev DD 8/16/2012 100% Rev DD 8/16/2012 100% Rev DD 8/16/2012 100% Rev DD 8/16/2012 100% Rev DD 8/16/2012 100% Rev DD 8/16/2012 100% Rev DD Item # 5 Page5of10 27 10 00 27 41 34 28 31 11 31 10 00 31 13 13 31 20 00 31 23 00 31 25 00 31 31 01 31 66 13 32 12 10 32 12 15 321413 32 14 14.13 32 16 00 32 31 00 32 37 00 32 84 23 32 93 13 33 30 00 33 40 00 33 61 00 02529 Architectural A-101 A-102 A-103 A-104 A-200.01 A-200.02 A-203.01 A-203.02 A-203.03 A-203.04 A-203.05 A-203.06 A-203.07 A-301.01 A-301.02 A-301.03 A-401 A-402 Page6of10 Enumeration of Documents 100% Rev. DD Issued 8-16-12 Received by Biltmore Construction 8-17-12 STRUCTURED CABLING SYSTEM BROADBAND DISTRIBUTION SYSTEM ADDRESSABLE FIRE ALARM SYSTEM SITE CLEARING SEE 02529 EARTHWORK BUILDING EXCAVATION, FILLING, AND BACKFILLING EROSION SEDIMENTATION CONTROL SOIL TREATMENT AGGREGATE PIER SOIL REINFORCEMENT FLEXIBLE PAVING (SPECIFICATION MISSING - SEE 33 61 00) ASPHALT CONCRETE PAVING PRECAST CONCRETE PAVERS PERMEABLE INTERLOCKING CONCRETE PAVERS (SPECIFICATION MISSING) CONCRETE CURB, SIDEWALKS AND DRIVEWAYS ORNAMENTAL ALUM. FENCING SITE FURNISHINGS LANDSCAPE IRRIGATION LANDSCAPING SANITARY SEWAGE SYSTEM STORM SEWAGE SYSTEM WATER DISTRIBUTION SYSTEM CONCRETE SIDEWALK AND STEPS PLAN -FIRST FLOOR PLAN -SECOND FLOOR PLAN -THIRD FLOOR PLAN -ROOF ELEVATIONS -EXTERIOR ELEVATIONS -EXTERIOR �i ��in-rinnie InITC�IlIO �i G�iorinnie iniTGOino �i ��in-rinnie InITC�IlIO �i G�iorinnie iniTGOino �i ��in-rinnie InITC�IlIO �i G�iorinnie iniTGOino �i ��inTinnie InITC�IlI� SECTIONS -OVERALL BUILDING SECTIONS -OVERALL BUILDING SECTIONS -EXTERIOR WALL PLANS -ENLARGED oi onie Gnii �Dr_CI'l Attachment number 6 \nPage 1; 8/16/2012 100% Rev DD 8/16/2012 100% Rev DD 8/16/2012 100% Rev DD 8/16/2012 100% Rev DD 8/16/2012 100% Rev DD 8/16/2012 100% Rev DD 8/16/2012 100% Rev DD 8/16/2012 100% Rev DD 8/16/2012 100% Rev DD 8/16/2012 100% Rev DD 8/16/2012 100% Rev DD 8/16/2012 100% Rev DD 8/16/2012 100% Rev DD 8/16/2012 100% Rev DD 8/16/2012 100% Rev DD 8/16/2012 100% Rev DD 8/16/2012 100% Rev DD 8/16/2012 100% Rev DD 8/16/2012 100% Rev DD 8/16/2012 100% Rev DD 8/16/2012 100% Rev DD 8/16/2012 100% Rev DD 8/16/2012 100% Rev DD 100% Rev DD 8/16/2012 100% Rev DD 8/16/2012 100% Rev DD 8/16/2012 100% Rev DD 8/16/2012 100% Rev DD 8/16/2012 100% Rev DD 8/16/2012 100% Rev DD 8/16/2012 100% Rev DD 8/16/2012 100% Rev DD 8/16/2012 100% Rev DD 8/16/2012 100% Rev DD 8/16/2012 100% Rev DD 8/16/2012 100% Rev DD 8/16/2012 100% Rev DD 8/16/2012 100% Rev DD 8/16/2012 100% Rev DD 8/16/2012 100% Rev DD 8/16/2012 100% Rev DD 8/16/2012 100% Rev DD I[�ii�:�•7 A-405.01 A-405.02 A-405.03 A-501.01 A-501.02 A-501.03 A-502.01 A-502.02 A-502.03 A-503.01 A-503.02 A-601.01 A-601.02 AG101 AG102 AG103 AS-100.01 AS-100.02 AS-102 AS-103 Civil G1.0 G2.0 G3.0 G4.0 G5.0 G6.0 G7.0 G8.0 CL-100 CL-101 Electrical E-001 E-100 E-201 Enumeration of Documents 100% Rev. DD Issued 8-16-12 Received by Biltmore Construction 8-17-12 ENLARGED PLANS & SECTIONS -STAIR A €��o�€�D�nie r. eGr�rinnie CT�ID R PLAN & SECTIONS -ELEVATOR nGroii e inirGOino n�-rnii e iniT�oino ���� CT�IDC S2. D�I�r�Co n�-rnii e �vr�oino 1"1CT�11 C CYTCDIlID n�Tnii e �v-r�oino DETAILS -ROOF n�Tnii e onn� DOOR, WINDOW AND LOUVER FRAME TYPES SCHEDULES REFLECTED CEILING -LEVEL ONE REFLECTED CEILING -LEVEL TWO REFLECTED CEILING -LEVEL THREE SITE SURVEY AND LEGAL DESCRIPTION SITE TREE SURVEY CITY OF CLEARWATER ARBORISTS TREE SURVEY ARCHITECTURAL SITE PLAN NOTES AND LEGEND SITE DEMOLITION SITE PLAN GRADING AND DRAINAGE SITE UTILITIES SITE DETAILS STORMWATER DETAILS SITE UTILITY DETAILS PLAN -SITE LIGHTING LIGHTING DETAILS LEGEND, GENERAL NOTES AND INDEX ELECTRICAL SITE PLAN ELECTRICAL DETAILS E-401 FIRE ALARM RISER DIAGRAM E-402 POWER RISER DIAGRAM EL-101 PLAN -FIRST FLOOR LIGHTING EL-102 PLAN -SECOND FLOOR LIGHTING EL-103 PLAN - THIRD FLOOR LIGHTING Page7of10 Attachment number 6 \nPage 1; 8/16/2012 100% Rev DD 8/16/2012 100% Rev DD 8/16/2012 100% Rev DD 8/16/2012 100% Rev DD 8/16/2012 100% Rev DD 8/16/2012 100% Rev DD 8/16/2012 100% Rev DD 8/16/2012 100% Rev DD 8/16/2012 100% Rev DD 8/16/2012 100% Rev DD 8/16/2012 100% Rev DD 8/16/2012 100% Rev DD 8/16/2012 100% Rev DD 8/16/2012 100% Rev DD 8/16/2012 100% Rev DD 8/16/2012 100% Rev DD 8/16/2012 100% Rev DD 8/16/2012 100% Rev DD 8/16/2012 100% Rev DD 8/16/2012 100% Rev DD 100% Rev DD 8/16/2012 100% Rev DD 8/16/2012 100% Rev DD 8/16/2012 100% Rev DD 8/16/2012 100% Rev DD 8/16/2012 100% Rev DD 8/16/2012 100% Rev DD 8/16/2012 100% Rev DD 8/16/2012 100% Rev DD 8/16/2012 100% Rev DD 8/16/2012 100% Rev DD 8/16/2012 100% Rev DD 8/16/2012 100% Rev DD 100% Rev DD 8/16/2012 100% Rev DD 8/16/2012 100% Rev DD 8/16/2012 100% Rev DD 8/16/2012 100% Rev DD 8/16/2012 100% Rev DD 8/16/2012 100% Rev DD 8/16/2012 100% Rev DD 8/16/2012 100% Rev DD 8/16/2012 100% Rev DD 8/16/2012 100% Rev DD 8/16/2012 100% Rev DD I[�ii�:�•7 Enumeration of Documents 100% Rev. DD Issued 8-16-12 Received by Biltmore Construction 8-17-12 EP-101 PLAN -FIRST FLOOR POWER EP-102 PLAN -SECOND FLOOR POWER EP-103 PLAN -THIRD FLOOR POWER . ER-104 oi oni onnG on�niGo ES-101 PLAN -FIRST FLOOR SYSTEMS ES-102 PLAN -SECOND FLOOR SYSTEMS ES-103 PLAN -THIRD FLOOR SYSTEMS Finishes I-100 FINISH LEGEND, NOTES; FINISH PATTE ; DETAILS AND TRf�NSITION DETAILS �� ������� I-101 PLAN -LEVEL ONE INTERIOR FINISH I-102 PLAN -LEVEL TWO INTERIOR FINISH I-103 PLAN -LEVEL THREE INTERIOR FINISH � ��rr�-�r.i-z�w�r.�.a���yv.�rr.i�s.•a■i�r.��� � ■ � � _ �- � _ . . 11 � '�• •► • � ■ F-110 F-120 F-130 General G-000 G-001 G-002 PLAN -LEVEL ONE -FIRE PROTECTION PLAN -LEVEL TWO -FIRE PROTECTION PLAN -LEVEL THREE -FIRE PROTECTION COVER SHEET DRAWING INDEX ABBREVIATIONS, SYMBOLS, & GENERAL NOTES G-003 TYP MOUTING HEIGHTS G-004-02 PARTITION TYPES G-004-03 PARTITION TYPE DETAILS G-004.01 PARTITION TYPES G-006 CODE SUMMARY & LIFE SAFETY PLANS Interior Design F-101 PLAN -LEVEL ONE EQUIPMENT & FURNITURE F-102 PLAN -LEVEL TWO EQUIPMENT & FURNITURE F-103 PLAN -LEVEL THREE EQUIPMNENT & FURNITURE -FURNITURE FOR COORDINATION ONLY Landscape L-100.01 PLAN -TREE PROTECTION & REMOVAL L-101.01 PLAN -LANDSCAPE Page8of10 Attachment number 6 \nPage 1� 8/16/2012 100% Rev DD 8/16/2012 100% Rev DD 8/16/2012 100% Rev DD 8/16/2012 100% Rev DD 8/16/2012 100% Rev DD 8/16/2012 100% Rev DD 8/16/2012 100% Rev DD 100% Rev DD 8/16/2012 100% Rev DD 8/16/2012 100% Rev DD 8/16/2012 100% Rev DD 8/16/2012 100% Rev DD 8/16/2012 100% Rev DD 8/16/2012 100% Rev DD 8/16/2012 100% Rev DD 8/16/2012 100% Rev DD 8/16/2012 100% Rev DD 8/16/2012 100% Rev DD 8/16/2012 100% Rev DD 100% Rev DD 8/16/2012 100% Rev DD 8/16/2012 100% Rev DD 8/16/2012 100% Rev DD 8/16/2012 100% Rev DD 8/16/2012 100% Rev DD 8/16/2012 100% Rev DD 100% Rev DD 8/16/2012 100% Rev DD 8/16/2012 100% Rev DD 8/16/2012 100% Rev DD 8/16/2012 100% Rev DD 8/16/2012 100% Rev DD 8/16/2012 100% Rev DD 8/16/2012 100% Rev DD 8/16/2012 100% Rev DD 100% Rev DD 8/16/2012 100% Rev DD 8/16/2012 100% Rev DD 8/16/2012 100% Rev DD 100% Rev DD 8/16/2012 100% Rev DD 8/16/2012 100% Rev DD I[�ii�:�•7 Enumeration of Documents 100% Rev. DD Issued 8-16-12 Received by Biltmore Construction 8-17-12 L-102.01 PLAN -LANDSCAPE DETAILS L-103.01 PLAN -LANDSCAPE DETAILS IR-101.01 PLAN -LANDSCAPE DETAILS IR-102.01 PLAN -LANDSCAPE DETAILS Mechanical M-00 0 u� ��,-,�Q€P��Q€Pd€� °���€� A ��o M-001 HvAC-LEGEND, GENERAL NOTES & SPECS M-010 SITE PLAN - HVAC OUERALL M-110 PLAN-FIRST FLOOR HVAC M-111 PLAN-FIRST FLOOR HVAC - PIPING M-120 PLAN-SECOND FLOOR HVAC M-121 PLAN-SECOND FLOOR HVAC - PIPING M-130 PLAN-THIRD FLOOR HVAC M-131 PLAN-THIRD FLOOR HVAC-PIPING M-201 M-202 M-301 M-302 M 3Q3 M-401 M-402 M-501 Plumbing P-001 P-1 QO P-110 P-111 P-120 P-121 P-130 P-140 P-210 P-220 P-230 P-301 P-302 P-303 P-401 P-402 Structural S-001 S-101 HVAGDETAILS HVAGDETAILS HVAGSCHEDULES HVAGSCHEDULES HVAGSCHEDULES PLUMBING FIXTURE SCHEDULE, GENERAL NOTES, LEGEND LEVEL 1 -PLUMBING PLAN LEVEL 2 -PLUMBING PLAN LEVEL 3 -PLUMBING PLAN ROOF -PLUMBING PLAN i G�iGi � Gnii �Dr_CI'l DI 1 IPARINr_ oi oni i �v�i � �nii nor��n oi � innQinir� oi nni 6€�/���€-Pd�A,°�r'-€-E�° L�J nn R i,�° �A-r: RL�J n n Q � n�Q� F�; ��r€� °�o �L�J n n R i n�v€ F�; ��r€� °�o oi � innQinir� 1'ICTAII e PLUMBING DETAILS PLUMBING DETAILS r��ni�oni nlllTCC FIRST LEVEL FOUNDATION PLAN Attachment number 6 \nPage 1; 8/16/2012 100% Rev DD 8/16/2012 100% Rev DD 8/16/2012 100% Rev DD 8/16/2012 100% Rev DD 100% Rev DD 8/16/2012 100% Rev DD 8/16/2012 100% Rev DD 8/16/2012 100% Rev DD 8/16/2012 100% Rev DD 8/16/2012 100% Rev DD 8/16/2012 100% Rev DD 8/16/2012 100% Rev DD 8/16/2012 100% Rev DD 8/16/2012 100% Rev DD 8/16/2012 100% Rev DD 8/16/2012 100% Rev DD 8/16/2012 100% Rev DD 8/16/2012 100% Rev DD 8/16/2012 100% Rev DD 8/16/2012 100% Rev DD 8/16/2012 100% Rev DD 8/16/2012 100% Rev DD 8/16/2012 100% Rev DD 100% Rev DD 8/16/2012 100% Rev DD 8/16/2012 100% Rev DD 8/16/2012 100% Rev DD 8/16/2012 100% Rev DD 8/16/2012 100% Rev DD 8/16/2012 100% Rev DD 8/16/2012 100% Rev DD 8/16/2012 100% Rev DD 8/16/2012 100% Rev DD 8/16/2012 100% Rev DD 8/16/2012 100% Rev DD 8/16/2012 100% Rev DD 8/16/2012 100% Rev DD 8/16/2012 100% Rev DD 8/16/2012 100% Rev DD 8/16/2012 100% Rev DD 8/16/2012 100% Rev DD 100% Rev DD 8/16/2012 100% Rev DD 8/16/2012 100% Rev DD Item # 5 Page9of10 Enumeration of Documents 100% Rev. DD Issued 8-16-12 Received by Biltmore Construction 8-17-12 � d�iTil���7����d�d_7A��,���rA��.�� � _ -■ -��, . �. �. -�� -�„ . �. � _ �- � � �. �. ■ � �. � �` �. .. ■ ■ . .� �,� �. - �. �. ■ ■ � � �. .. ■ ■ . - - . . ��� _. � � . ■ �� • • ' � I I ' ' • • • -' � � ■. . .. ��' � � ■. . . .. �. ■ ��- � _ _-.�! =--=--,=•=--_.._. ,_� ! : T-201 CC!`I IDITV / D�r_INr_ CIDCT CI nno T-202 z`z�� e��i ioirv i onr�inir� e��nnm �C�To T-203 CC!`I IDITV / D�r_Inlr_ TLIIDI'l CI !lllD T-401 ENLARGED PLANS T-701 TECHNOLOGY DETAILS Page 10 of 10 Attachment number 6 \nPage 1i 8/16/2012 100% Rev DD 8/16/2012 100% Rev DD 8/16/2012 100% Rev DD 8/16/2012 100% Rev DD 8/16/2012 100% Rev DD 8/16/2012 100% Rev DD 8/16/2012 100% Rev DD 100% Rev DD 8/16/2012 100% Rev DD 8/16/2012 100% Rev DD 8/16/2012 100% Rev DD 8/16/2012 100% Rev DD 8/16/2012 100% Rev DD 8/16/2012 100% Rev DD 8/16/2012 100% Rev DD 8/16/2012 100% Rev DD 8/16/2012 100% Rev DD 8/16/2012 100% Rev DD 8/16/2012 100% Rev DD 8/16/2012 100% Rev DD 8/16/2012 100% Rev DD 8/16/2012 100% Rev DD 8/16/2012 100% Rev DD 8/16/2012 100% Rev DD 8/16/2012 100% Rev DD I[�ii�:�•7 Attachment number 6 \nPage 1 CITY OF CLEAR WATER FIRE STATION #45 Guaranteed Maximum Price (GMP) Proposal BCC Job No. 948 EXHIBIT B — Allowance Items The Allowances noted below represent reasonably anticipated values included in this Guaranteed Maximum Price (GMP) Proposal to cover the cost of certain items absent or not specified in sufficient detail in the 100 % Design Development Documents as listed in the ENUMERATION OF DOCUMENTS Section of this GMP or for which uncertainty remains. The amount of the Allowance stipulated herein is inclusive of all labor, materials, equipment taxes, delivery, insurances, bond and fees necessary to perform the anticipated work, unless otherwise noted. Allowances for work as represented in this GMP govern over the actual items contained in the Contract Documents. Variations between the Allowance values and the actual cost of these prescribed items may be reflected in add or deduct Change Order(s) to this Guaranteed Maximum Price (GMP) Proposal. The ASSUMPTIONS AND CLARIFICATIONS section of this GMP may provide a more detailed description of these Allowances. ALLOWANCE DESCRIPTION' VALUE Buildin Si na e, includin Life Safet Si na e& Monument 21,000.00 TV Mounting Brackets 4,725.00 Smart Boards and Pro�ection Screens 7,350.00 Modular Office S stems 342,836.00 Modular Office Furniture 347,162.00 Kitchen E ui ment 33,285.00 Bunk Room Furniture and Wardrobes 42,222.00 Gear Lockers 13,900.00 Solar Heatin S stem 29,400.00 Antennae S stem 199,500.00 Relocation, Wirin , Pro rammin for ATS 22,050.00 Water Va or Emission Control 100,000.00 ALLOWANCES TOTAL $1,163,430.00 BILTMORE CONSTRUCTl�,�(�, �VC. 6 9/17/2012 Attachment number 6 \nPage 1� CITY OF CLEAR WATER FIRE STATION #45 Guaranteed Maximum Price (GMP) Proposal BCC Job No. 948 EXHIBIT C- Assumptions and Clarifications The Cont�act Documents a�e amended by the acceptance of this GMP P�oposal as follows: This proposal is provided prior to the completion of the 100% Construction Documents. Accordingly, the Owner and CM agree that, notwithstanding any provision to the contrary, they shall work in cooperation to develop a final Scope of Work which does not substantially change from that currently shown on the referenced 100 % Design Development Documents (with the exception of the precast structure), the cost of which is intended to be within the Owner's Construction Budget and is fully consistent with the qualifications and conditions noted herein. If the Scope of Work changes, this GMP Proposal and the indicated costs are subject to change. Additionally, there are numerous sections of the specifications that are incomplete, conflicting or missing. The CM has provided comments relating to these sections have submitted them to the A/E for review and correction. 2. No Supplemental General Conditions are included. There is reference to them in the contract documents but none were included. No proposal bond is included. 4. The issuance of Performance and Payment Bonds will be after the approval of the GMP and issuance of the NTP by The City. Pages 1 through 8 of The City of Clearwater's Contract Specifications are not included. Subcontractor bid requirements are outlined in Exhibit B of the CM Agreement. 6. Cost for all City issued permits are by The City and are not included in the GMP. 7. Neither survey nor abatement of Asbestos Containing Material or any other hazardous or unsuitable material is included, unless specifically noted as an item included in the Scope of Work. 8. The City will pay for on-site and off-site stored materials with proper documentation by CM as per specification section Ol 29 00 page 2. 9. In the case where a vendor requires advance payment for materials, The City will allow the CM to bill in advance and make advance payment to the CM for those materials. This provision would typically apply to items usually purchased directly by The Owner such as FF&E and specialty systems such as the antennae relay system. 10. No retainage will be held on Bonds and insurances. 11. Allowances for Plan Review, Permit or Utility Connection Fees are not included. If applicable, these fees will be paid directly by the Owner. BILTMORE CONSTRUCTl�,�(�, �VC. 7 9/17/2012 Attachment number 6 \nPage 1! CITY OF CLEAR WATER FIRE STATION #45 Guaranteed Maximum Price (GMP) Proposal BCC Job No. 948 12. No Threshold Building Inspection cost is included. All threshold inspections, if required, shall be provided by the Owner. 13. A separate site office for the Project Architect is not included, unless otherwise noted as an item included in General Requirements. 14. Temporary electrical, water and sewer utility consumption costs are included. All utility consumption cost will be paid directly by The City once permanent connections are made to the building. 15. Unless otherwise specified, colors and finishes shall be only standard selections available from the manufacturer. No premium or exotic colors or finishes are included. 16. No Performance Specifications, with the exception of the structural precast system are included. 17. Warranties and Guarantees: a. Biltmore Construction Co., Inc. to the Owner Biltmore Construction Co., Inc. warrants to the Owner that the materials and workmanship furnished under this Contract wi11 be of good quality and new unless otherwise required or permitted by the Construction/Contract Documents, that the Work will be free from defects not inherent in the quality required or permitted, and that the Work will conform with the requirements of the Construction/Contract Documents. Work not conforming to these requirements, may be considered defective. Biltmore Construction Co., Inc.'s warranty excludes remedy for damage or defect caused by insufficient maintenance, improper operation, or normal wear and tear under normal usage. The term and duration of this express warranty is one (1) year from the Date of Substantial Completion. The provisions herein shall not prevent the Owner from proceeding directly against the manufacturer and/or installer for such longer period of time as allowed by state statute. b. Installer / Subcontractor Warranties and Guarantees The Subcontractor shall warrant to the Owner and to Biltmore Construction Co., Inc. that all workmanship and materials are free from defects in installation. The period customarily being one (1) year from the Date of Substantial Completion established in the Construction/Contract Documents. Notwithstanding anything to the contrary, neither Biltmore Construction Co., Inc., nor its surety, nor the Subcontractor shall have any joint/several liability relating to, nor shall they be obligated to underwrite, or in any way become guarantor(s) of any manufacturer's warranty/guaranty or product to the Owner. The Owner shall be provided with the "standard" manufacturer's warranty, and it shall satisfy the requirements under the Construction/Contract Documents relating thereto. BILTMORE CONSTRUCTl�,�(�, �VC. 8 9/17/2012 Attachment number 6 \nPage 2i CITY OF CLEAR WATER FIRE STATION #45 Guaranteed Maximum Price (GMP) Proposal BCC Job No. 948 c. Manufacturer's Express Warranties / Guarantees Biltmore Construction Co., Inc. shall collect and transmit to the Owner any and all standard manufacturer's warranties and standard manufacturer's guarantees specified in the Construction/Contract Documents. The obligation and liability of Biltmore Construction Co., Inc. and/or its surety is limited to the collection and proper transmittal of these warranties and guarantees to the Owner. d. Extended Warranties The following specifications sections describe warranty requirements that exceed the typical one (1) year from Substantial duration Completion duration or include labor, maintenance and /or service agreements: Specification Product Description Specified Qualification / Clarification Section Warrant � Duratio 31 31 O1 TERMITE WARRANTY 10- ear Executed b A licator and Contractor 07 14 16 COLD, FLUID-APPLIED 5-year Joint Manufacturer and Installer warranty to WATERPROOFING repair or replace work which fails to perform as a waterti ht envelo e. 07 27 29 FLUID-APPLIED AIR 5-year Manufacturer's Warranty BARRIER - VAPOR PERMEABLE 07 27 29 FLUID-APPLIED AIR 5-year Installer Warranty - Installer to warrant that air BARRIER - VAPOR and vapor barrier and accessories have been PERMEABLE installed in accord with manufacturer's recommendations, and that all components used in this section have been sourced from one manufacturer. 07 42 43 ALUMINUM COMPOSITE 20-year Manufacturer's warranty against failure of PVDF MATERIAL (ACM) SYSTEM finish. 07 54 21 ADHERED FELTBACK PVC Manufacturer's 15 year manufacturer's warranty ROOFING SYSTEM Standard 10 year color warranty Warrant 5 ear installer warran 07 54 21 ADHERED FELTBACK PVC Applicator's Standard One-Year Labor Warranty ROOFING SYSTEM Warrant 07 62 00 FLASHING AND SHEET 20-year Manufacturer's warranty on PVDF coated sheet METAL metal covering color, fade, chalking, and film inte rit 07 84 00 FIRESTOPPING Lifetime Manufacturer's Warran to Owner 07 84 00 FIRESTOPPING 5- ear Installer Warrant to Owner 07 84 53 PERIMETER FIRE Lifetime Manufacturer's Warranty to Owner CONTAINMENT SYSTEMS 07 84 53 PERIMETER FIRE 5-year Installer Warranty to Owner CONTAINMENT SYSTEMS 07 92 16 INTERIOR JOINT 2-year Warranty signed by Installer and/or Contractor. SEALANTS Remove and repair and replace defective work and materials. Repair other work damaged as a result at no expense to Owner. BILTMORE CONSTRUCTl�,�(�, �VC. 9 9/17/2012 Attachment number 6 \nPage 2 CITY OF CLEAR WATER FIRE STATION #45 Guaranteed Maximum Price (GMP) Proposal BCC Job No. 948 Specification Product Description Specified Qualification / Clarification Section Warrant � Duratio 08 14 16 FLUSH WOOD DOORS Lifetime Manufacturer's Warrant 08 14 16 FLUSH WOOD DOORS Lifetime Manufacturer's and/or Installer's warranty to remove and replace defective units at no cost to Owner. 08 33 26 OVERHEAD COILING 2-year Manufacturer's Standard Warranty covering GRILLE (CG) - NORMAL repair or replacement DUTY 08 44 13 CURTAIN WALL SYSTEMS 2-year Joint Manufacturer/Installer repair replace (CWS) 08 44 13 CURTAIN WALL SYSTEMS 20-year Warranty on color integrity of 70% Kynar PVDF (CWS) finishes 08 71 13 AUTOMATIC SWINGING 3-year If available for specified and approved product, DOOR OPERATORS Manufacturer's 3-year warranty covering repair or replacement resulting from defects in material or workmanship at no cost to Owner. 08 81 02 EXTERIOR GLASS AND 10-year Coated Glass Manufacturer's Warranty GLAZING 08 81 02 EXTERIOR GLASS AND 5-year Laminated glass Manufacturer's Warranty GLAZING 08 81 02 EXTERIOR GLASS AND 10-year Vertical Insulating Glass Manufacturer's GLAZING Warrant 08 91 00 LOUVERS 20-year PVDF Finish Manufacturer's Warranty 09 65 15 SHEET VINYL FLOORING 5- ear Manufacturer's Warran — from date of urchase 09 65 17 LINOLEUM 5- ear Manufacturer's Warran — from date of urchase 10 14 23 SIGNS 2- ear Manufacturer's Warran 10 21 15 TOILET PARTITIONS 2- ear Manufacturer's Warrant 10 21 31 SHOWER CURTAINS 2-year Installation and Materials Warranty to remove and re lace 10 22 13 WIRE MESH PARTITIONS 2- ear Manufacturer's Warran 10 22 19 DEMOUNTABLE 3-year Warranty signed by Manufacturer, Installer, and PARTTTIONS Contractor 10 22 21 MODULAR INTERIOR 3-year Warranty signed by Manufacturer and Installer WALLS 12 34 00 CASEWORK 5- ear Manufacturer's Warran 12 36 63 SOLID SURFACE 10-year Manufacturer's Warranty including colorfastness FABRICATIONS and material defects. Includes material and labor to re air or re lace. 12 36 65 ENGINEERED QUARTZ 10-year Manufacturer's Warranty including colorfastness FABRICATIONS and material defects. 14 21 26 GEARLESS TRACTION 1-year Manufacturer's Warranty for one year from date ELEVATORS — PASSENGER of acce tance 14 21 26 GEARLESS TRACTION 1-year service Semi-monthly service ELEVATORS — PASSENGER contract 22 33 30 WATER HEATERS 3-year Manufacturer's Warranty on Storage Tank, Controls, and other components from date of Substantial Com letion 22 40 00 PLUMBING FIXTURES Manufacturers' As Applicable Standard Warranties 23 81 26 SPLIT-SYSTEM AIR- 5- ear Manufacturer's Standard Warrant from Date of BILTMORE CONSTRUCTl�,�(�, �VC. 10 9/17/2012 Attachment number 6 \nPage 2; CITY OF CLEAR WATER FIRE STATION #45 Guaranteed Maximum Price (GMP) Proposal BCC Job No. 948 Specification Product Description Specified Qualification / Clarification Section Warrant � Duratio CONDITIONERS Substantial Com letion 26 24 13 SWITCHBOARDS 5-year Manufacturer's Warranty from date of Substantial Com letion 26 32 13 GENERATOR 5-year Manufacturer's Standard from date of Substantial Com letion 26 32 13 GENERATOR 1-year service Service for 12 months including quarterly testing 26 43 13 TRANSIENT-VOLTAGE 10-year Unconditional for entire device — repair or replace SUPPRESSION FOR LOW- upon failure or incorrect operation VOLTAGE ELECTRICAL POWER CIRCUTTS 26 56 00 EXTERIOR LIGHTING 5-year Manufacturer's Warranty for Metal Corrosion — from date of Substantial Com letion. 26 56 00 EXTERIOR LIGHTING 5-year Manufacturer's Warranty for Color Retention — from date of Substantial Com letion. 26 56 00 EXTERIOR LIGHTING 3-year Repair or replace lighting poles and standards that fail in finish, materials, and workmanship within the manufacturer's standard warranty period, but not less than three years from date of Substantial Com letion. 26 56 00 EXTERIOR LIGHTING 2-year Installer's Warranty includes lamps and fuses replacement for two years from date of Substantial Com letion. 28 31 11 ADDRESSABLE FIRE 1-year special Warranty 12 months from the date of substantial ALARM SYSTEM warranty with completion of the installation. To include first maintenance ear's maintenance cost. This proposal is qualified to include only those extended warranties that are available as standard from the manufacturers. The Contractor, installers, and applicators shall not be required to provide any such extended warranties or guarantees. 18. Special conditions relating to Owner purchased — Contractor installed items and associated tax exemptions. Notwithstanding any provision to the contrary, should the Owner elect to purchase items directly and avoid any sales taxes or other taxes, the Owner will defend, indemnify, and hold harmless Biltmore Construction Co., Inc. absolutely from and against any claim, audit, investigation, cost, or assertion of any kind made by, or on behalf of, the Florida Department of Revenue or other such agency that may arise during and / or subsequent to the completion of the project. Under no circumstances shall Biltmore Construction Co., Inc. or its subcontractors be liable for the sales taxes associated with the owner purchased items. 19. Builder's Risk Insurance: The City shall purchase and maintain, until the date of Substantial Completion of this project, a standard Special Form (all "Risks of Physical Loss") Completed Value Builder's Risk insurance policy in the amount of the initial contract sum (GMP), including any subsequent modifications thereto, insuring the interests of the Owner, Biltmore Construction Co., Inc., and Subcontractors BILTMORE CONSTRUCTl�,�(�, �VC. 11 9/17/2012 Attachment number 6 \nPage 2: CITY OF CLEAR WATER FIRE STATION #45 Guaranteed Maximum Price (GMP) Proposal BCC Job No. 948 in the Work under this contract. a. All premiums and deductible cost related to this property insurance shall be paid by the Owner. b. The following items are the responsibility of the Owner and are not included in this GMP: i) Property insurance premiums and/or deductible costs. ii) Property insurance coverage on existing buildings and/or contents. iii) Property insurance coverage on the Work under this Contract after the date of Substantial Completion. iv) Flood insurance coverage and/or risk of loss due to Flood. 20. Time and Price - Impacted Materials & Equipment (Escalation/Availability of Materials): As of the date of this Contract Agreement and/or during the performance of the Work, certain markets providing materials and equipment necessary to complete the Project may experience significant industry-wide fluctuation in cost, delivery, and availability. As a result, should there be any fluctuations that materially affect the cost, delivery, and/or availability of such items, regardless if same should occur before the acceptance of the GMP Proposal, or subsequent to the acceptance, the Owner agrees to make an equitable adjustment in the Contract Time and/or, if necessary, allow the CM to access contingency funds to cover the additional cost at The City's discretion. Notwithstanding any other provision to the contrary, the Contractor shall not be liable to the Owner for any expenses, losses or damages arising from a delay in delivery of a potentially time and price impacted material/equipment item not the fault of the Contractor. 21. Subcontractor Payments: Notwithstanding anything to the contrary, the Owner specifically acknowledges and agrees that, the Construction Manager/Contractor operates on a pay-when-paid basis with its subcontractors and nothing contained herein or elsewhere shall be interpreted to require the Construction Manager and/or its surety to remit any payment (including final payment) to subcontractors prior to the receipt of payment (including final) from the Owner. BILTMORE CONSTRUCTl�,�(�, �VC. 12 9/17/2012 Attachment number 6 \nPage 2� CITY OF CLEAR WATER FIRE STATION #45 Guaranteed Maximum Price (GMP) Proposal BCC Job No. 948 TECHNICAL CLARIFICATIONS: Division 1— Gene�al Requi�ements 1. Where the following Architect's Division 1 Specifications are in conflict with The Owner/CM Agreement, The Owner/CM Agreement sha11 prevail: Changes in the Work, Ol 23 04 Construction Schedules, Ol 32 16 Progress Reports, Ol 32 26 Submittal Procedures, Ol 33 00 2. Specification section Ol 74 19 — Construction Waste Management. The City of Clearwater's Sanitation Department will provide the roll-off dumpsters and recycling services. At this time it is unclear as to whether or not they can provide the reporting as required in this specification section. A/E to verify and propose alternate reporting method if required. 3. Specification section Ol 43 39 Mock-Ups — We will provide One (1) 4' X 4' X 8" panel for the precast mock-up. 4. Specification section O1 50 00 Construction Facilities, Temporary Controls and Utilities — Temporary power/electrical consumption cost will be paid by Owner directly to the electrical Utility provider. 5. The Structural Basis of Design is included for the Precast structure and architecture. The design loads indicated within this specification (such as 220 mph wind, Exposure Category C and 109.3 psf) are not necessarily included in the GMP, and it is yet to be determined if all elements of the current design are available in products tested to meet these criteria. 6. Where consistent with the design development nature of the documents, and the best interest of the owner vis-a-vis cost and quality, and based upon the price points at which the GMP estimate was based, alternate manufacturers of specified products shall be acceptable, without being subject to the requirements of Section 002600. Division 2 — Existing Conditions 1. The Demolition portion of the project included within this section includes the two metal buildings previously used for City operations. 2. The survey of existing conditions prior to demolition and site work includes photographs of, and written recording of existing damage to, improvements adjacent to the area of work. Divisions 3 and 4- Conc�ete and Masonry 2 3 In lieu of the cast in place concrete, load bearing masonry and structural steel superstructure indicated in the Contract Documents, the GMP includes structural precast components as the structure of the building. In lieu of the masonry and face brick exterior wall panels indicated in the Contract Documents, the GMP includes architectural precast components as the exterior wall of the building. Planter, Mech/Gen Enclosure and Dumpster Enclosure are included as reinforced CMU with modular face brick The GMP assumes that the CMU walls can be designed with sufficient reinforcing to exclude the use of supplemental structural framing or reinforcing. BILTMORE CONSTRUCTl�,�(�, �VC. 13 9/17/2012 Attachment number 6 \nPage 2: CITY OF CLEAR WATER FIRE STATION #45 Gctiaranteed Maximum Price (GMP) Proposal BCC Job No. 948 4. Planters will receive architectural precast caps. Mech/Gen Enclosure and Dumpster Enclosure may have metal coping or concrete wash, or non-decorative precast caps at the General Contractor's sole option. 5. The 6" gravel fill below building slabs on grade is excluded. 6. Reference Specification 034500 - Part 12.F.1: Testing will be performed in accordance with the specifications in all respects except that the testing will be performed and reported by the Precast Subcontractor, not by an independent testing agency. 7. Reference Specification 034500 - Part 13.A: One 4x4 mockup panel of an 8" wall with thin brick, with half of each color brick, and showing a typical reveal detail and end cap detail in one of the colors, will be cast in the Precast Subcontractor's fabrication facility; after review and approval at the facility by the Architect, the mock up will be transported to site for reference during erection. 8. Precast: Wall Panel connections will be galvanized; all other connections wi11 be black steel. 9. Precast: all building corners will have return brick; all jambs, heads and sills of opening will have return brick/edge caps. 10. Precast: a standard running bond pattern will be typical, with soldier course pattern along the arches. 11. The precast stair treads will have aluminum nosings cast in place. Division 5 - Metals l. Composite Metal Form Deck, Specification Section 053600, is excluded. 2. The GMP includes no more than forty six (46) 6" diameter heavy-weight bollards. 3. Stair railings shall be either clear anodized aluminum. 4. Two McIntire Brass fire slide poles are included as Model 19, with floor trim ring, without fire- barrier bellows at the floor level (because the poles are within fire-rated closets. 5. The trench drain frame & grate may be either a prefabricated plumbing fixture such as Zurn Z793 HD, or steel frame and grate as indicated on previous design drawings, at the General Contractor's sole option. Division 6— Wood c� Plastic l. The GMP excludes any standing & running trim, including but necessarily limited to, door or window casing, baseboards, wainscot, chair rails, wall paneling, crown molding, etc. 2. The GMP includes only the following built-in millwork base and wall cabinets at Employee Break Room, Base cabinets at the Kitchen, and seating platform at the TV Room. Solid surface countertops are included at the Break Room and Toilet 264/265 Vanities. Engineered quartz countertops and transaction top are included at the Kitchen. All other millwork type items indicated or implied in the Contract Documents are included within the Allowances for Modular Partitions in Division 10 or Office Furniture in Division 12. This exclusion includes, but is not necessarily limited to, base cabinets at the TV Room, any desks shown as solid lines (such as at Plan Review and Work Areas), base cabinet at Conference Room 316. Division 7— The�mal c� Moistu�e P�otection 1. Water repellent on precast and brick is excluded. BILTMORE CONSTRUCTl�,�(�, �VC. 14 9/17/2012 Attachment number 6 \nPage 2i CITY OF CLEAR WATER FIRE STATION #45 Guaranteed Maximum Price (GMP) Proposal BCC Job No. 948 2. The GMP includes roofing as specified and indicated, except that the vapor retarder in 075421 Part 212 is excluded. 3. The GMP includes sprayed polyurethane closed cell foam insulation at an average thickness of 4-1/2" at the underside of the concrete floor deck between concrete tee's at Rooms 110, 114, 116, 122, 123 and 124. 4. Spray-applied foam insulation at 3rd Floor and Roof decks is excluded. 5. The GMP includes K-13 Cellulose insulation at an average thickness of 1-ll2" at the underside of the structural floor the 2nd floor shower areas. 6. Prefinished aluminum roof coping in profiles similar to that shown on A-301.03 (approximately 4 to 5" high face) is included in lieu of ACM coping or panels shown elsewhere (approximately 16" high face) at the roof parapets. 7. ACM panels are assumed to be clear anodized. 8. Water Vapor Emission Control for Concrete with Applied Flooring, Specification 07 16 OS (previously under division 9) is included as an allowance. Water Vapor Emission Control will be installed only where moisture test results are found unacceptable per flooring manufacturer as per Spec Section 07 16 04. Division 8 — Openings 1. All doors and frames associated with modular office partitions are included within the Allowance for Modular Office Partitions. Door hardware for those doors is included within this Division 8 of the GMP (not in the Allowance). 2. The three overhead coiling grilles, located at the kitchen refrigerators are included as manual push-up type. 3. Apparatus Bay Doors include eight sets of four-fold non-impact doors and eight sets of coiling impact doors. 4. Door Hardware manufacturers other than the limited selection in the current specifications shall be deemed Acceptable, including but not limited to Corbin Russwin, Sargent, Falcon, Yale, Dorma, Dor-O-Matic, Monarch, Rixson, Norton, Ives, McKinney, ABH, Bommer, Pemko, Zero. 5. EMS Store Room 104 is assumed to have one flush hollow metal door and no sidelites or window wall. 6. Curtain wall and window framing and aluminum finishes are assumed to be clear anodized. 7. Exterior glazing is assumed to be clear glass, except at Electric Room E103 and at spandrel locations, which shall be spandrel glass. Division 9 - Finishes 1. The interior side of exterior solid walls shall include 2-3/8" of R6.5 per inch rigid insulation pinned to the wall, and 3.5" of R15 batt insulation in 3-5/8" 20 ga studs at 16" o.c., or such other assembly that will achieve at least R30 for the insulation portion. 2. Studs, insulation and/or drywall at interior faces of precast and CMU walls at the Apparatus Bay are excluded. 3. No stucco or plaster is included in the project except at the soffits outside the bay entries and at the ornamental retaining wall. For example, there is no stucco or plaster on any walls, ceilings or columns at the Apparatus Bay. 4. Waterproof Flooring, Specification Section 096713 is excluded. BILTMORE CONSTRUCTl�,�(�, �VC. 15 9/17/2012 Attachment number 6 \nPage 2 CITY OF CLEAR WATER FIRE STATION #45 Guaranteed Maximum Price (GMP) Proposal BCC Job No. 948 5. Seamless Epoxy Flooring, Specification 096726, shall be provided at the Kitchen only; it is excluded from the first floor area. The product on which the GMP is based is Flowcrete SR, which may or may not be equal to the Sika and Dex-O-Tex products specified. 6. Polished Concrete, in lieu of Concrete F1oor Sealer, Specification Section 096781 and Seamless Epoxy Flooring is included at the following rooms: Bunker Room, Decon, Maintenance, Air Fill, Toilet 124, EMS Store and Janitor Closet 105. 7. Acoustical Ceiling Tile is based on 2x2 Armstrong Ultima Reveal Edge, including High Recycled Content for both tile and grid. 8. Rubber treads, risers and nosings at the stairs are excluded. Division 10 — Specialties Toilet Partition doors shall be �/z". 2. The Signage Allowance is intended for ALL signs and plaques, including not limited to, those in Specification Section 101423, business address, bay numbers, dedication plaques, monuments, etc. 3. Solid Polymer Shower bases, Specification Section 102118, are included. Walls or surrounds are excluded. Walls shall be tile. 4. Electric Hand Dryers are excluded. 5. Two (2) Shower Seats are included. 6. Visual Display Boards are excluded, except to the extent that they can be provided under the Modular Offices Allowance or Furniture Allowance. 7. One bike rack is included. 8. Site benches and waste receptacles are excluded except to the extent that they can be provided under the Furniture Allowance. 9. No Bird Control Device is included. 10. Four (4) 40" parabolic traffic mirrors are included. Division 11— Equipment l. Projection Screens per Specification 115213 are excluded. Smart Boards, in lieu of projection screens, shall be provided as part of the Allowance for Smart Boards and Projectors. 2. No Appliances are included other than what can be provided under the Kitchen Equipment Allowance. 3. No equipment for the Decontamination Room is included, other than one emergency eyewash shower which is included within the Plumbing scope. 4. Office Equipment, Fitness Equipment and Maintenance Equipment are excluded. 5. No Entrance Mat or Walk-off pedigrid is included. Division 12 — Fu�nishings 1. TV Room Lounge Chairs, Kitchen Table, Artwork and Interior Greenery, are excluded. 2. The GMP includes Roller Shades in the locations marked on the current drawings, only. BILTMORE CONSTRUCTl�,�(�, �VC. 16 9/17/2012 Attachment number 6 \nPage 2� CITY OF CLEAR WATER FIRE STATION #45 Guaranteed Maximum Price (GMP) Proposal BCC Job No. 948 Division 13 - Special Const�uction 1. The Allowance for the Solar Hot Water Heating system is based upon a budget proposal from Solar Source. The scope of the Allowance is intended to include an Indirect System, including two 4x 10 collectors for one 120 ga1 tank on 1 st Floor, three 4x 10 collectors for one 220 gallon tank on 2nd floor, and two 4x8 collectors for one 80 gallon tank on 3rd floor. The Allowance is also intended to include the piping between the tanks and collectors. The tanks are intended to have electric backup heating elements. 2. The Allowance for the Antenna Systems is based upon a budget proposal from Suncoast Communications & Electronics, Inc.. The scope of work includes Station Alerting System ( Audio/Visual), Communications Bi-Directional Amplification System, and Public Safety Radio (control stations, remote stations, and antenna system), installed to Public Safety Communications Industry (R56) standards. Division 14 — Ve�tical T�anspo�tation 1. The MRL electric traction elevator includes Regenerative Drive. Division 21, 22 c� 23 — Fi�e P�otection, Plumbing and HVAC 1. A fire pump is excluded. 2. The Air Fill Station is excluded. 3. The GMP includes Fire Protection, Plumbing and HVAC work in accordance with the aggregate assumptions and interpretations of the specialty contractors upon whose budget estimates the GMP estimate is based. Division 26, 27 c� 28 — Elect�ical, Telecommunications and Secu�ity 1. Primary power, transformers, and connections within the transformer are excluded. 2. Diesel fuel to test and/or fill the generator fuel tanks or day tank is excluded. 3. One (1) 3,000 gallon steel horizontally-mounted within the base frame of the emergency generator (not a ConVault precast stand-alone type) diesel storage tank is included. Divisions 31, 32 c� 33 — Ea�thwo�k, Exte�io� Imp�ovements and Utilities Excavation, transportation or replacement of unsuitable or contaminated soils or materials is excluded. 2. Unforeseen below grade conditions and/or unusual subsoil conditions are excluded. 3. Tree trimming or root pruning is included. 4. Fees for water meters, water taps, bacl�low preventers, etc. are excluded. 5. The GMP assumes that the City will provide the master meter assembly. 6. Fire hydrant assembly at NE corner of Brownell and MLK is excluded. 7. Soil improvement using the wet top feed method of vibro-replacement is included. 8. Load testing is not included. 9. The GMP includes chain link fencing over the Mechanical Equipment Enclosure. END BILTMORE CONSTRUCTl�,�(�, �VC. 17 9/17/2012 Attachment number 6 \nPage 2! CITY OF CLEAR WATER FIRE STATION #45 Guaranteed Maximum Price (GMP) Proposal BCC Job No. 948 EXHIBIT D — construction Schedule Subject to the ASSUMPTIONS AND CLARIFICATIONS contained herein, the anticipated construction period shall be 365 calendar days to achieve Substantial Completion, after receipt, by Biltmore Construction Co., Inc., of all of the following requirements: • Execution of the Guaranteed Maximum Price Amendment of the Agreement Between Owner and Biltmore Construction Co., Inc. • Receipt of the Written Notice To Proceed. • Receipt of all required Permits. • Recorded Notice of Commencement (as applicable). • Construction site vacated and available to commence construction activity. • Utilities disconnected and/or relocated as necessary to commence construction. Final Completion shall be within Thirt 30) calendar days following the Date of Substantial Completion of the Work. A more detailed CPM Project Schedule will be provided in accordance with the requirements of the Agreement Between Owner and Biltmore Construction Co., Inc. BILTMORE CONSTRUCTl�,�(�, �VC. 18 9/17/2012 Work Session Council Chambers - City Hall Meeting Date:10/1/2012 SUBJECT / RECOMMENDATION: Award a contract (Purchase Order) to Oracle America, Inc., Redwood Shores, California for the period of October 1, 2012 through September 30, 2013 for database maintenance at a cost not to exceed $217,010, in accordance with Sec. 2.564 (1)(b), Code of Ordinances, sole source, and authorize the appropriate of�cials to execute same. (consent) SUMMARY: This is an annual contract for Peoplesoft (payroll system) at $112,000, Oracle (database licensing) at $25,590, Oracle OWAM maintenance (asset management system) at $72,400, and Oracle Mobile Device at $7,020. This Purchase Order represents a$5,170 (2.4%) increase from a year ago. Type: Operating Expenditure Current Year Budget?: None Budget Adjustment: Budget Adjustment Comments: Current Year Cost: Not to Exceed: For Fiscal Year: $217,010 10/1/2012 to 09/30/2013 Annual Operating Cost: Total Cost: None Appropriation Code Amount Appropriation Comment 0555-09864-546200-519- $217,010 000-0000 Review 1) Financial Services 2) Office of Management and Budget 3) Lega14) Clerk 5) Assistant City Manager � City ApprovaL• Manager 7) Clerk Cover Memo ��11�:�� Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: Meeting Date:10/1/2012 Award a contract (Purchase Order) to Verizon, Florida, Inc., St. Petersburg, Florida for telephone service including frame relay service, T1's, credit/collect calls, backup trunks, VADI circuit, and DSL high bandwidth services during the period of October 1, 2012 to September 30, 2013 at a cost not to exceed $234,840, in accordance with Sec. 2.564 (1)(e) Code of Ordinances, impractical to bid, and authorize the appropriate of�cials to execute same. (consent) SUMMARY: The total Verizon Purchase Order is $234,840, broken down as follows: Frame relay, Point to Point, T1's, and radio circuits for the netwark, $188,840; backup trunks for the PBX netwark in case the T1's fail, $11,000; DSL/High bandwidth service for Parks and Recreation, Fire, Engineering, and VADI circuits, $35,000. This Purchase Order represents a reduction of $40,260 (17%) from last year. Type: Operating Expenditure Current Year Budget?: None Budget Adjustment Comments: Current Year Cost: Not to Exceed: For Fiscal Year: Appropriation Code 0555-09865-542100-519- 000-0000 $234,840 10/1/2012 to 09/30/2013 Amount $199,840 Budget Adjustment: Annual Operating Cost: Total Cost: Appropriation Comment None 0555-09862-530300-519- $35,000 000-0000 Review 1) Financial Services 2) Office of Management and Budget 3) Lega14) Clerk 5) Assistant City Manager � City ApprovaL• Manager 7) Clerk Cover Memo ��11�:�� Work Session Council Chambers - City Hall Meeting Date:10/1/2012 SUBJECT / RECOMMENDATION: Award contracts (blanket purchase orders) to Baker and Taylor, Atlanta, GA -$265,000; Ingram Library Services, Atlanta, GA - $160,000; and Midwest Tape, Holland, OH -$70,000 for the purchase of library books and other materials for the contract period October 1, 2012 through September 30, 2013, and authorize the appropriate of�cials to execute same. (consent) SUMMARY: Blanket Purchase Orders for Baker and Taylor, Ingram, and Midwest Tape are for the acquisition of books and audiovisual 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 Comments: Current Year Cost: Not to Exceed: For Fiscal Year: Appropriation Code 0315-93527-564400-571- 000-0000 Bid Required?: $495,000 2012 to 2013 Amount $495,000 No Budget Adjustment: Annual Operating Cost: Total Cost: Appropriation Comment Bid Number: None $495,000 $495,000 Other Bid / Contract: Bid Exceptions: �Practical to Bid Review 1) Off'ice of Management and Budget 2) Lega13) Purchasing 4) Lega15) Clerk � Assistant City Manager 7) City ApprovaL• Manager 8) Clerk Cover Memo ��Il�:�ij Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: Meeting Date:10/1/2012 Approve a Memorandum of Understanding with St. Petersburg College (SPC) for funding a joint-use library operation on the SPC campus and authorize the appropriate of�cials to execute same. (consent) SUMMARY: Previous discussions between SPC and the city on the possible creation of a joint use library facility on the SPC campus have recently been very informal. Approval of this Memorandum of Understanding by the governing bodies of both organizations would affirm the desire of both SPC and the City to move toward a joint use arrangement and establish a structure for future discussions. It would not obligate the City to any specific requirements at this time except preliminary planning at a cost of $30,000, which would come from available Penny 3 funds, but would begin a process that could lead to an agreement in the future. Type: Other Current Year Budget?: None Budget Adjustment Comments: Current Year Cost: Not to Exceed: For Fiscal Year: Appropriation Code 315-93530 $30,000 $30,000 2012 to 2013 Amount $30,000 Budget Adjustment: Annual Operating Cost: Total Cost: Appropriation Comment None $30,000 Review 1) Off'ice of Management and Budget 2) Library 3) Office of Management and Budget 4) Lega15) Clerk � Assistant City ApprovaL• Manager 7) City Manager 8) Clerk Cover Memo ��11�:�%� Attachment number 1 \nPage 1 MEMORANDUM OF UNDERSTANDING FOR FUNDING OF A JOINT USE LIBRARY OPERATION This Memorandum of Understanding (the "Memorandum") is made as of this day of 2012, ("Effective Date") by and between the City of Clearwater, Florida (the "City"), a municipal corporation of the State of Florida, with principal offices at 112 S. Osceola Avenue, Clearwater, Florida 33756-5103, and the Board of Trustees, St. Petersburg College, PO Box 13489, St. Petersburg, Florida 33733, (the "College") a political subdivision of the State of Florida. WHEREAS, City, and College intend to collaborate on planning for a possible joint use library operation at the Clearwater campus of the College; and WHEREAS, the College is planning to build a new Learning Resource building on their Clearwater campus to replace an outdated library facility; and WHEREAS, the City is planning to renovate and expand their East Branch facility because the existing facility is need of updating; and WHEREAS, the two facilities exist within close proximity to each other; and WHEREAS, the City and the College believe the libraries of the two institutions share a similar mission and purpose; and WHEREAS, eventually creating a joint use facility could have many benefits for all stakeholder groups including faculty, students and the general public, providing enriched access to information and resources, expanded programming opportunities and efficient use of human resources; and WHEREAS, developing a joint use library would create a synergistic partnership that would benefit both organizations and the community; NOW, THEREFORE, it is hereby agreed by and between the partners as follows: Section 1. The City and the College will enter into discussions to develop an agreement and cost formula for building a common facility to be used as a joint use library to serve the administration, faculty and staff of the College and the general public primarily of the City and Pinellas County, to be located on the Clearwater campus of the College. In consideration of space provided to the City, such cost formula will be utilized to calculate the proportional contribution of the City toward the capital costs of the facility. It is anticipated that the facility shall include both shared and exclusive space, and that the square footage available for City usage shall not be less than that of the East Branch library. Section 2. The City and the College will enter into discussions to develop an agreement outlining capital funding/construction and a comprehensive Intergovernmental Agreement for operation of the joint use library facility and the ongoing distribution of costs of such an operation. The City will have a representative, chosen at the City's sole discretion, on any selection committee convened for the purpose of selecting any design professional, contractor, manager, or any similar independent contractor retained pursuant to this Agreement or any subsequent Capital Funding/Construction or Intergovernmental Operations Agreements. I[�'ii�:�'7 Attachment number 1 \nPage 2 Section 3. The City and the College will meet as necessary to address all issues associated with a joint use facility including the hours, transfer and maintenance of existing and anticipated materials and collections, staffing and technology needed to ensure the maintenance of service at satisfactory levels for both organizations. Section 4. The City and the College agree to provide initial planning dollars to support development of the planning goals listed above and the programming phase of the facilities plan, not to exceed $30,000 from the City, to be matched by the College. The amount provided by the City shall be paid to the College and due upon execution of this Agreement. Section 5. Responsibilities under this Memorandum of Understanding will begin on the date on which both governing bodies approve the agreement and extend one year, or until both organizations approve construction and long-term operating agreements. Section 6. The Parties hereto agree to cooperate in good faith to pursue and fulfill the intent of this Agreement; however, the City reserves the right to terminate this Agreement should budget conditions in any way require the City to do so. Section 7. This Agreement may not be assigned or transferred by either party, in whole or in part, without the written consent of the other. Section 8. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. Section 9. All notices, demands, requests or other instruments shall be given by depositing the same in the U.S. Mail, postage prepaid, registered or certified with return receipt: (a) If to the College, address to the Office of the General Counsel, PO Box 13489, St. Petersburg College, Florida 33733 or at such other address as the College may designate by written notice to the City; and (b) If to the City, address to P.O. Box 4748, ATTN: Barbara Pickell, Clearwater, Florida 33758, or at such other address as the City may designate by written notice to the College. All time limits provided hereunder shall run from the date of receipt of all such notices, demands, requests, and other instruments. Section 10. Should any section or part of any section of this Agreement be rendered void, invalid, or unenforceable by any court of law, for any reason, such a determination shall not render void, invalid, or unenforceable of any other section or any part of any section of this Agreement. Section 11. This Agreement constitutes the entire Agreement between the Parties, and no change will be valid unless made by supplemental written agreement executed by both Parties. Section 12. Each party to this Agreement represents and warrants to the other party that (i) it is duly organized, qualified and existing entities under the laws of the State of Florida, and (ii) all appropriate authority exists so as to duly authorize the persons executing this Agreement to so execute the same and fully bind the party on whose behalf they are executing. This Agreement is subject to approval by the parties. I[�'ii�:�'7 Attachment number 1 \nPage 3 Section 13. Nothing contained herein shall be deemed or construed by the parties hereto, nor by any 3�d party, as creating the relationship of principal and agent or a partnership beyond what is contemplated by this Agreement between the parties hereto. Section 14. Both parties shall comply with all federal, state, county, and local laws, regulations, and ordinances at all times. IN WITNESS WHEREOF, the undersigned parties have hereunto affixed their hands and seals the day and year first above written. Countersigned: George N. Cretekos Mayor Approved as to form: Camilo A. Soto Assistant City Attorney Approved as to form: CITY OF CLEARWATER, FLORIDA William B. Horne, II City Manager Attest: Rosemarie Call City Clerk ST. PETERSBURG COLLEGE William D. Law, Jr., President and Secretary to the Board of Trustees I[�'ii�:�'7 Attachment number 1 \nPage 4 ��11�:�%� Work Session Council Chambers - City Hall Meeting Date:10/1/2012 SUBJECT / RECOMMENDATION: Approve Department of Environmental Protection (DEP) Agreement: MVO55 Amendment 1 for CVA11-615 for Clean Vessel Act Grant Program funding for the operation, maintenance and repair of the Clearwater Beach Marina pump out vessel and authorize the appropriate of�cials to execute same. (consent) SUMMARY: This is the second year the DEP, under the Florida's Clean Vessel Act Grant Program, has agreed to reimburse costs directly associated with the proper collection and disposal of sewage from recreational boaters vessels. Grant funding has been approved in the maximum amount of $33,188.00 (75% of project costs) through August 31, 2013. The City match of $11,062.67 (25% equipment purchase, operation, maintenance and repair) will be accounted for in hourly wages and parts cost. The City is required to conduct operation of the pump out vessel under a Pump out Station Operational Plan that specifies hours of operation, maintenance principles, methods in determining volume of material pumped including the use of flow meters as may be necessary, information/educational materials on pump out operation and assurances that the pump out vessel will be used solely for the collection of recreational boat sewage. A pump out log is required each calendar quarter. 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'?.i�p�a��atic.-�i�s ��� �c�ti����n�a�t �ca�)F ��I��ad���aa�art �t�ticr� [:4��;r;�ii�s��l T'lar� �a�tc1 �35,�3�().�� li:�t crC �:rytpjcay`�� rr�a�tte's, l�c�tiarl� ��t[e, _� ��f 1�cjtHrs ��°arkec9, t�r��is, aa�c� � cc��,�� ui' t��c e��at�a �� r1� �atct���?c:��xt r��tart. ��.i'�Fitti�ter��isz�;� t�r€+� I����<�iz' �Q���t�icr: d�a3t� }�rQt�f` ts!' }�t��n��s�� it c6c���� �ar� ��� ' ��,�'��.3`? ' c��tt��s�e 4�s���c�c��°. 1,�6s� t�f<r���,Ia�y�€��: r�����es, l�c��a��1�� ' a�:�t€: c�i' �a��t. ar�d # c�t' ���axr�°s ��' ��z�z €a� r��ar-i��� st� ��: __ _ _ _ _ "Te,t�� �'rra'e�# �,ra�ra�s�t �tl�i"rob �=��,��il.�ir 'I'��ka� E�r-an� �,w•�r�i' ,��ra��u��t i�l��;, ��,��Y�3�3.�}t� `�`uta� �r7ade�a ,�mc���it �;���r�����. �� l,(7�r�.€i7 I�1�E" �-, '�<1+d �=6!k'y C]l�:E'.�`.�r�citl�a�t i�ta. ^���v"(����:i�tri�lr�t��€�t r1-3, Ib�3,�:t� � fjg`; Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: Meeting Date:10/1/2012 Approve an agreement between the City of Clearwater and the School Board of Pinellas County, Florida providing for the continuation of the School Resource Officer program at Clearwater High School, Countryside High School and Oak Grove Middle School for a one- year period commencing July 1, 2012 through June 30, 2013, and authorize the appropriate officials to execute same. (consent) SUMMARY: U nder the tenn s of the one year agreem entbe� een �e SchoolB oard of P�e]]as C ounty and the C iiy of C 1eaYw at�r, the C ity w illprov�e �w en�rcem ent and re�t�d seYVices b� C]eaYw ater H igh S chool, C ounteys�e H�h Schooland O ak G rove M�d1e Schooldur�g the regu]ar schoolyear. The assi�ned of�ers (1 per school� w illprov�e �steucti�n �]aw educati�n, w i1lseYVe as resource persons, conduct �vestigati�ns, prov�de securiiy and m a�t�� the peace, m ake arrests and prov�e support seYVices as necessaYy. The annualcostofsa�ries and benefits of3 of�ers overthe one yearper�d willbe $300,327 . Total annualre�n bursem entfrom the SchoolBoard willrem a� at$49,011.50 �reach of�er, �ra b�tal re�n bursem ent of $147 ,034 .50 , reflect�g no �crease � re�n bursem ent b� the C iiy �r SRO seYVices durmg the 2012/2013 contractperi�d.The dif�rence of$153,292 willbe fi�nded from Spec�alLaw En�rcem entTn.�stFund (,SLEF)proceeds.Atfitstquarter, spec�a�ro�ct181-99264, SchoolResource Of�ers,willbeam ended ts� reflectthe2012/2013 fi�nd�g. The cost �curred by the Po]ice D epartrn ent is ofEsetby the benefit of the program b� the com m unity and the Po]ice D epartrn ent. Allproceduralcom ponents ofthe contractrem a� the sam e as those outl�ed � the 2012/2013 contract. The Po]ice Departrn enthas m a�ta�ed a good work�g re]ati�nsh� with the SchoolBoard. School Resource O f�ers have been assi�ned ts� C 1eaYwat�rH igh Schools�ce JanuaYy 1, 1985 and C ounteys�de H igh Schools�ce JanuaYy 1, 1986 and Oak GroveM �dd]e Schools�ceAugust27, 2007 . Type: Other Current Year Budget?: None Budget Adjustment Comments: Budget Adjustment: Yes The amount of $153,292.00 will be funded from Special Law Enforcement Trust Fund (SLEF) proceeds. At first quarter, special project 181-99264, School Resource Officers, will be amended to reflect the 2012/2013 funding. Current Year Cost: Not to Exceed: For Fiscal Year: Appropriation Code 181-99264 $ 153,292.00 2012 to 2013 Amount 153,292.00 Annual Operating Cost: Total Cost: $ 153,292.00 $ 153,292.00 ..'�1%L"-aii�i - ui�a"' :� Appropriation Comment Item # 11 First quarter amendment will reflect the 2012/2013 funding. Review Approval: 1) Off'ice of Management and Budget 2) Lega13) Clerk 4) Assistant City Manager 5) City Manager 6) Clerk Attachment number 1 \nPage 1 SCHOOL RESOURCE OFFICER AGREEMENT THIS AGREEMENT, made and entered into this day of , 2012, between the SCHOOL BOARD OF PINELLAS COUNTY, FLORIDA (referred to herein as the "Board"), and THE CITY OF CLEARWATER, (referred to herein as "Clearwater P.D."), is for the services to be provided by the Clearwater P.D. for the School Resource Officer Program ("SRO Program"). WITNESSETH: WHEREAS, the parties hereto value the collaboration and cooperation fostered by the SRO Program and believe that all of society benefits when the safety of children is improved, where the threat of crime and disorder is reduced, the learning environment is improved, and the true mission of teachers becomes more achievable; and WHEREAS, the SRO Program provides an opportunity for students and law enforcement officers to have positive interaction with one another which enhances law enforcement officers' service to the community, and WHEREAS, the Board and The City of Clearwater intend to provide law enforcement and related services to the public schools of Pinellas County as hereafter described, and WHEREAS, the Board and Clearwater P.D. will mutually benefit from the SRO Program.; NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: ARTICLE I. The Obligations of Clearwater P.D. and the SROs are as follows: A. Provision of School Resource Officers. The Clearwater P.D. shall assign one regularly employed officer at each of the following schools: Clearwater High School, Countryside High School, and Oak Grove Middle School. B. Desianation and Selection of School Resource Officers. SROs have a dual role at the schools which they serve. They shall serve as "law enforcement units" within the meaning of 34 CFR § 99.8 (a)(1)(i)-(iii), and as "school officials" having a legitimate educational interest in information contained in student records, within the meaning of 20 U.S.C. §1232g and F.S. § 1002.22 (3)(d)(2). The Chief of Clearwater P.D., or his designee, in consultation with the Principal of the school to which the SRO will be assigned shall select the SRO on the basis of the following criteria. 1. The SRO must have the ability to deal effectively with students. The ages, socioeconomic, and cultural composition of the students of the particular school should be considered in making this evaluation. I[�'ii�:�iil Attachment number 1 \nPage 2 2. The SRO must have the ability to present a positive image and symbol of the entire police agency. A goal of the SRO Program is to foster a positive image of police officers among young people. Therefore, the personality, grooming, and communication skills of the SRO should be of such nature so that a positive image of the police agency is reflected. The SRO should sincerely want to work with the staff and students at the particular school to which he or she is assigned. 3. The SRO must have the ability to provide good quality educational services in the area of law enforcement. The education, background, experience, interest level and communication skills of the SRO must be of high caliber so that the SRO can effectively and accurately provide resource teaching services. The SRO will spend as much time as practical in classroom instruction, dependent upon time constraints and workload. The SRO and the Principal will formulate an acceptable plan consistent with the circumstances and the needs of the school. 4. The SRO must have the desire and ability to work cooperatively with the Principal and his administrative staff. 5. The SRO must be a state certified Law Enforcement Officer. C. Reaular Duty Hours/Absences of the School Resource Officers. 1. The SRO will be assigned to his/her school on a full-time basis of eight (8) hours on those days and during those hours that school is in session. The SRO's specific duty hours shall be determined by the SRO supervisor in consultation with the principal, to reflect the needs of the individual school. In each case the agency shall ensure that SROs are present during regular school hours, and those routine duties that require an absence from campus should be accomplished either prior to or after regular school hours. The SRO may be temporarily reassigned only during the period of a law enforcement emergency as such may be determined to exist, by the Chief of Clearwater P.D. 2. If it is necessary for the assigned SRO to be absent from school for less than a full day, the SRO will notify the Principal and provide instructions on how emergency police service may be obtained in his/her absence. If it is necessary for the assigned SRO to be absent from school for a full day or more, the Clearwater P.D. shall supply a substitute SRO. D. Duties of School Resource Officers. While on duty, the SRO shall perform the following duties: 1. Speak to classes on the law, including search and seizure, criminal law, motor vehicle law, and other topics when assigned to speak by the Principal. 2. Act as a resource person in the area of law enforcement education at the request of the Principal. 3. Conduct criminal investigations of violations of law on School Board property. The Clearwater Police Department and the District agree that petty acts of misconduct and misdemeanors, including, but not limited to, minor fights or disturbances, should ordinarily not be referred to law enforcement for prosecution and should not ordinarily result in a student arrest. The District encourages schools to use alternatives to expulsion or referral to law enforcement agencies unless the use of such alternatives will pose a threat to school safety. Individual SRO's are encouraged to exercise discretion Item # 11 Attachment number 1 \nPage 3 and to divert student offenders to school based discipline or community based diversion where appropriate and authorized by department policy and applicable law. 4. Provide school-based security and maintain the peace on School Board property, to include in assisting with the development, implementation and evaluation of security programs/crisis plans in their assigned school when requested. 5. Make arrests and referrals of criminal law violators. 6. Appear at State Attorney investigations, depositions, trials and sentencing. 7. Provide transportation to the Pinellas County Juvenile Assessment Center (PJAC), Juvenile Addiction Receiving Facility (JARF), and County Jail. 8. Coordinate Emergency Medical Service (EMS) at the request of the Principal, or his/her designee. 9. Receive and dispatch complaints via telephone, walk-in and radios. 10. Develop, implement, and evaluate security programs in the school assigned. 11. Coordinate with school administrators, faculty and staff, law enforcement agencies, and courts to provide school-based security to maintain the peace and promote order on the school campuses. 12. Create and maintain all records, including security and surveillance camera recordings made at the school site, whether recorded by video tape, digital or other medium, (but excluding school bus recordings), witness or suspect statements, interviews or other documents made in connection with the law enforcement duties set forth in this Agreement. Such records shall constitute "law enforcement records" within the meaning of 34 CFR § 99.8(b) (I)(i)-(iii), while in the hands of the SRO or other law enforcement officer. When such records are made available to school administration for disciplinary or other legitimate educational purposes they shall also constitute confidential student records subject to the Family Educational Rights and Privacy Act, 20 U.S.C. §12328; 34 CFR Part 99, and H1002.22, 1002.221, F.S. The SRO shall comply with all laws and policies applicable to such records in both their law enforcement and student record capacities. With respect to school bus recordings, which are under the control of the Pinellas County Schools Police, the SRO shall contact Pinellas County Schools Police to coordinate all issues necessary to access, view, take possession of or otherwise use the school bus recording. 13. Maintain a file on property reported lost and/or stolen at the SRO's school. 14. Provide counseling or referrals to students as needed. 15. Secure, handle and preserve evidence. 16. Recover School Board property through working with other police agencies. Item # 11 Attachment number 1 \nPage 4 17. Make referrals to social agencies. 18. Relay messages in emergency situations (such as, tornadoes, or hurricanes) 19. Provide special truancy investigations and prepare for prosecution. 20. Coordinate investigation of bus stop incidents. 21. Wear the official police uniform which shall be provided at the expense of the law enforcement agency; however, civilian attire may be worn on such occasions as may be mutually agreed upon by the Principal and the SRO supervisor. 22. Perform such other duties as mutually agreed upon by the Principal and the SRO, so long as the perFormance of such duties are legitimately and reasonably related to the SRO Program as described in this Agreement, and so long as the duties are consistent with State and Federal law and the policies and procedures of the Clearwater P.D. 23. Follow and conform to the School Board Policy Manual, which is available at each school site and F.S. §1006.12, that does not conflict with the policies and procedures of the Clearwater P.D. The parties to this agreement shall abide by all Federal and State Civil Rights legislation including the Civil Rights Act of 1964 and its' subsequent amendments. 24. Provide a Monthly Activities Report or such other report regarding his/her activities, as may be required by the Superintendent or designee. A copy of the report shall be provided to the principal on a monthly basis. 25. SROs are recognized as an active part of the school's administrative team. Their duties as a team member reflect their agency's directions and lend their expertise to the review of activities, duty assignments, scheduling and identification of potential problems. 26. The Clearwater Police Department will provide an opportunity for Principals to provide input on the SRO's performance. E. Support Services to be Provided bv Clearwater P.D. The Clearwater P.D. shall supply the following support services for SROs: Maintain and file Uniform Crime Reporting (UCR) records according to law. 2. Maintain a dispatch log, consistent with accepted law enforcement management practices. 3. Provide copies of all reports taken by the School Resource Officer to the Pinellas County Schools Police, upon request, as the law allows. 4. Provide each SRO with a patrol automobile and all other necessary or appropriate police equipment. The cost of purchasing, maintaining, and repairing police equipment provided under this agreement shall be borne by the Clearwater P.D. 5. Maintain copies of reports generated by officers in compliance with State and Federal laws. 6. Maintain fingerprints and photographs of arrestees in compliance with State and Federal laws. Item # 11 Attachment number 1 \nPage 5 ARTICLE II. Relationship of SROs to Board and Clearwater P.D. A. The SRO shall be an employee of the Clearwater P.D. and not an employee of the Board. The Clearwater P.D. shall be responsible for the hiring, training, discipline, and dismissal of its personnel. Board employees shall report allegations of improper conduct to the SRO's immediate supervisor or to the department's internal affairs section. Board employees shall not conduct an internal investigation of alleged improper conduct on the part of the SRO. B. Nothing in this agreement or the relationship between the CPD and the SRO and the Board shall be construed to abrogate the ��general duty" on the part of the CPD and the SRO to enforce the law. It is not the intent of the parties, and this agreement shall not be construed to create a��special duty" on the part of the CPD and the SRO to enforce the law for the benefit of any person or group of persons. C. It is not the intention of the parties to, and this agreement shall not be construed to create rights in third parties nor to create ��third party beneficiaries" to this agreement. ARTICLE III. Charaes for SRO Services. In consideration of the services provided herein, the Board shall pay to the City of Clearwater the sum of $49,011.50 (Forty Nine Thousand Eleven Dollars and Fifity Cents) for each of the three SROs totaling the sum of $147,034.50 (One Hundred Forty Seven Thousand Thirty Four pollars and Fifity Cents) for the 2012-2013 contractual term. To the e�ent that security services are provided by Clearwater P.D. at school functions occurring afiter regular school hours, Clearwater P.D. shall be paid in accordance with the Clearwater P.D. salary policy and procedures. The school at which such services are provided, shall be billed for such services within thirty (30) days from the date of service, and any services provided during May shall be submitted no later than the 15�' of June. ARTICLE IV. Problem Resolution. The parties, their agents and employees will cooperate in good faith in fulfilling the terms of this Agreement. Unforeseen difficulties or questions will be resolved by negotiation between the Superintendent, the Board and the Chief, or their designees. ARTICLE V. Amendments. Changes in the terms of this Agreement may be accomplished only by formal amendment in writing approved by the Clearwater P.D. and the Board. ARTICLE VI. Transfer of SROs. Both the School Board and Clearwater P.D. desire to avoid the transfer of an SRO at the request of a principal. Therefore, except in egregious circumstances when the SRO's behavior warrants immediate removal, the following procedures must be followed: A. Principals should engage in good personnel management practices to include discussing any issues or concerns with the SRO first, followed by consultation with the SRO's supervisor if necessary. Item # 11 Attachment number 1 \nPage 6 B. If, afiter sufficient time has been given for the SRO to modify his/her performance, and concerns still exist, then the Principal will recommend to the Area Superintendent that the SRO be transferred from the school, stating the reasons for the recommendation in writing. C. Within a reasonable period of time after receiving the recommendation to remove an SRO, the Area Superintendent, or designee, will confer with the Chief, or designee, to attempt to resolve any problem that may exist between the SRO and the staff at his/her assigned school. 1. With the agreement of the Superintendent and the Chief, or their designees, the SRO, or specified members of the staff from the school, may be required to be present at that meeting. 2. If, within a reasonable amount of time, the problem cannot be resolved in the opinion of both the Superintendent and Chief, or their designees, then the SRO will be transferred from the school and a replacement will be selected, as provided elsewhere in this Agreement. This Article does not provide the SRO any rights separate and apart from those found in Clearwater P.D.'s collective bargaining agreement with its union. Only the Clearwater P.D., and not individual SROs, can seek enforcement of the provisions of this Agreement. Nothing herein shall preclude the Clearwater P.D. from unilaterally transferring the SRO at its sole discretion. ARTICLE VII. Term of Aqreement. The term of this Agreement shall be for 1 year beginning on July 1, 2012 through June 30, 2013. ARTICLE VIII. Materials and Facilities Supplied by Board. The Board shall provide the SRO, in each school to which an SRO is assigned, the following materials and facilities necessary to the performance of duties by the SRO: A. Access to a private office which is air conditioned and properly lighted, with a telephone, to be used for general business purposes. Whenever practicable, the SRO will be provided with a private office. Upon request, SROs will be provided free access to the Board's computer network to the extent that it is economically practicable. Clearwater P.�. will provide the computer hardware to be utilized by the SRO, although each individual school may provide such hardware in its sole discretion. If access is provided, existing school security procedures must be followed, to include secure network access for both the computer and user. Network use must conform to school board policy 7540.04, Use of Electronic Resources. B. A location for files and records which can be properly locked and secured. C. A desk with drawers, a chair, work table, filing cabinet, and office supplies (e.g. paper, pencil, pens, etc.). D. Access to a typewriter and/or secretarial assistance. E. The SRO will be issued keys for complete access on the campus to which he/she is assigned in accordance with the school safety plan. In the event these keys are lost, misplaced, or stolen through negligence, the cost of any re-keying of the facility shall be borne equally by the law enforcement agency and the Board. Item # 11 Attachment number 1 \nPage 7 ARTiCLE iX. Termination. This Agreement may be terminated by either parry for cause upon seven (7) days written notice that the other parry failed substantially to perform in accordance with the terms and conditions of this Agreement through no fault of the party initiating termination. This Agreement may be terminated without cause by either party upon thirty (30) days written notice. ARTICLE X. Defense of Leaal Actions. A. Subject to the limitations contained in F.S. §111.07, the Clearwater P.D. shall defend any lawsuit filed against the Clearwater P.D. or the SRO which arises out of services performed by the Clearwater P.D. Clearwater P.D. procedures shall be followed in handling such suits. The Clearwater P.D. shall pay any judgment rendered against it according to law. Nothing contained herein shall be construed to waive the provisions of F.S. §768.28 as the same applies to both the Clearwater P.D. and the Board. B. The Board shall defend any lawsuit filed against the Board which arises out of services performed by the Board. Board procedures shall be followed in handling such suits. The Board shall pay any judgment rendered against it according to law. Nothing contained herein shall be construed to waive the provisions of F.S. §768.28 as the same applies to both the Board and the Clearwater P.D. 1e1:��[���:1�►�t�l -.FTiL�•�� A. Assianment. This Agreement may not be assigned without the written consent of the Clearwater P.D. and the Board. B. Severabilitv. Should any section or part of any section of this Agreement be rendered void, invalid, or unenforceable by any court of law, for any reason, such a determination shall not render void, invalid, or unenforceable any other section or any part of any section of this contract. C. Notification. All notices, requests, demands, or other communications hereunder shall be in writing and shall be deemed to have been served as of the delivery date appearing upon the return receipt if sent by certified mail, postage prepaid with return receipt requested, at the address listed below, or upon the actual date of delivery, if hand delivered to the address below. Either party may change the below-listed address at which it receives written notices by so notifying the other party hereto in writing. Clearwater P.D. to: Chief of Police, Clearwater P.D. 645 Pierce St. Clearwater, FL 33756 Board to: Chief of Police Pinellas County Schools Police 11111 S. Belcher Rd. Largo, FL 33773 Copy to: City Attorney, City of Clearwater 112 S. Osceola Ave. Clearwater, FI 33756 Copy to: Office of School Board Attorney Pinellas County School Board 301 4t" St. SW Largo, FL 33770 Item # 11 Attachment number 1 \nPage 8 D. Waiver. No act or omission or commission of either party, including without limitation, any failure to exercise any right, remedy, or recourse, shall be deemed to be a waiver, release, or modification of the same. Such a waiver, release, or modification is to be effected only through a written modification to this Agreement. E. Governina Law and Venue. This Agreement is to be construed in accordance with the laws of the State of Florida. Venue for any cause of action or claim asserted by either party hereto brought in state courts shall be in Pinellas County, Florida. Venue for any action brought in Federal court shall be in the Middle District of Florida, Tampa Division. F. Headinas. The paragraph headings are inserted herein for convenience and reference only, and in no way define, limit, or otherwise describe the scope or intent of any provisions hereof. G. Due Authoritv. Each party to this Amendment represents and warrants to the other party that (I) they are duly organized, qualified and existing entities under the laws of the State of Florida, and (ii) all appropriate authority exists so as to duly authorize the persons executing this Amendment to so execute the same and fully bind the parties on whose behalf they are executing. IN WITNESS WHEREOF the parties hereto have caused this Agreement to be executed by their duly authorized representatives on the day of , 2012. THE SCHOOL BOARD OF PINELLAS COUNTY, FLORIDA By: Print: Chairman CITY OF CLEARWATER, FLORIDA By: Print: City Manager Approved as to form: Sign: Print: School Board Attorney, Pinellas County Schools Attest: Print: Attest: Print Ex-Officio Secretary City Clerk Print: City Attorney Item # 11 Signature Page — School Resource Officer Program (2012-2013) Countersigned: George N. Cretekos Mayor Approved as to form: Robert J. Surette Assistant City Attorney : Attest: CITY OF CLEARWATER, FLORIDA William B. Horne II City Manager Rosemarie Call City Clerk Attachment number 1 \nPage 9 Item # 11 Attachment number 2 \nPage 1 Summary Information: All of the officer information tied to salary came from the Budget worksheets for the upcoming budget year. I[�'ii�:�iil 2012/2013 Attachment number 2 \nPage 2 I[�'ii�:�iil Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: Meeting Date:10/1/2012 Approve request from the owner of property addressed at 2352 Timbercrest Circle South to vacate the southernmost 5 feet of a 10-foot Drainage and Utility Easement; and pass Ordinance 8364-12 on first reading (VAC2012-04). SUMMARY: Previous owners of property located within city limits at 2352 Timbercrest Circle South constructed improvements within a platted drainage and utility easement. The improvements encroached on the southernmost five feet of the easement and the current owners have requested that this portion of the easement be vacated. The remaining five feet of easement is contiguous with a ten-foot drainage and utility easement on adjacent property effectively resulting in a fifteen-foot easement corridor. The Engineering Department conducted an interdepartmental review of the proposed vacation. Staff has no objection to the request. Progress Energy, Verizon, Bright House and Knology have no objection to the request. Review 1) Public Warks Administration 2) Planning 3) Office of Management and Budget 4) Legal 5) Clerk 6) Assistant City ApprovaL• Manager 7) City Manager 8) Clerk Cover Memo ��11�:��� Attachment number 1 \nPage 1 ORDINANCE NO. 8364-12 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, VACATING A PORTION OF A TEN-FOOT DRAINAGE AND UTILITY EASEMENT LYING ON A PARCEL OF LAND LYING IN SECTION 31, TOWNSHIP 28 SOUTH, RANGE 16 EAST, PINELLAS COUNTY, FLORIDA, AND BEING A PORTION OF LOT 268, WOODGATE OF COUNTRYSIDE UNIT TWO, AS RECORDED IN PLAT BOOK 71, PAGE 75 OF SAID PINELLAS COUNTY, FLORIDA, SAID PARCEL BEING MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING AN EFFECTIVE DATE. WHEREAS, owners of real property located in the City of Clearwater, have requested that the City vacate a portion of the drainage and utility easement depicted in Exhibit A attached hereto; and, WHEREAS, the City Council finds that said easement is not necessary for municipal use and it is deemed to be in the best interest of the City and the general public that the same be vacated; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following: VACATE A PORTION OF ENCOMPASSING A PAR( SOUTH, RANGE 16 EAST, OF LOT 268, WOODGATE BOOK 71, PAGE 75 OF � FLORIDA, SAID PARCE FOLLOWS: THE TEN-FOOT DRAINAGE AND UTILITY EASEMENT :EL OF LAND LYING IN SECTION 31, TOWNSHIP 28 PINELLAS COUNTY, FLORIDA. AND BEING A PORTION OF COUNTRYSIDE UNIT TWO, AS RECORDED IN PLAT -HE PUBLIC RECORDS OF SAID PINELLAS COUNTY, L BEING MORE PARTICULARLY DESCRIBED AS COMMENCE AT THE NORTHEAST CORNER OF LOT 268, AS DESCRIBED IN THE PLAT TITLED "WOODGATE OF COUNTRYSIDE UNIT TWO" AS RECORDED IN PLAT BOOK 71, PAGE 75, PINELLAS COUNTY PUBLIC RECORDS, FLORIDA; THENCE S 00° 32' 36" E, A DISTANCE OF 5.00 FEET TO A POINT OF BEGINNING; THENCE S 00° 32' 36" E, A DISTANCE OF 5.00 FEET; THENCE S 89° 27' 24" W, A DISTANCE OF 69.00 FEET; THENCE N 00° 32' 36" W, A DISTANCE OF 5.00 FEET; THENCE N 89° 27' 24" E, A DISTANCE OF 69.00 FEET TO THE POINT OF BEGINNING is hereby vacated, and the City of Clearwater releases all of its rights in the servitude as described above to the owner of the servient estate thereto. Section 2. The City Clerk shall record this ordinance in the public records of Pinellas County, Florida, following adoption. I[�'ii�:�iN•l Ordinance No.8364 -12 Section 3. This ordinance shall take effect immediately upon adoption. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED George N. Cretekos Mayor Approved as to form: Attest: Camilo A. Soto Rosemarie Call Assistant City Attorney City Clerk Attachment number 1 \nPage 2 I[�'ii�:�iN•l Ordinance No.8364 -12 Attachment number 2 \nPage 1 � Clearwater u Prepared by: Engineering Department Geographic Technology Division 100 S. Myrtle Ave, pearwater, PL 33756 Ph:(727)562-4750,Fax:(727)526-4755 www.Mypearwater.com EASEMENT VACATION 2352 TIMBERCREST CIRCLE S Ord. No. 8364-12 Map Gen By: CRM I Reviewed By: C_L I Date: 9/13/2012 I Grid #:232A I S-T-R: 31-28S-16E N W E i#1 Scale: N.T.S. s�o�e �" = 20' EXHIBIT "A" This is no t a survey 10' Utility Easement N 00° 32' 36" W I 5.00' I � I I I I Lot 267 I I°' dl o � o I w I w I T T I � � � � I Point of Commencement NE Corner of Lot 268 N 89° 27' 24" E 69.00' S 89° 27' 24" W 69.00' Lot 268 I I � � � Woodgate of Countryside Unit Two � Plat Book 71, Page 75 I I I I 1 �__ __ TIMBERCREST CIRCLE SOUT� Attachment number 2 \nPage 2 _,,��IIIIII���IIIIII��,,.. . - S 00° 32' 36" E 5.00' � Point of Beginning � � � � I � S 00° 32' 36" E 5.00' Lot 269 A 5' Utility Easement Vacation described as follows: Commence at the Northeast corner of Lot 268, as described in the plat titled "Woodgate of Countryside Unit Two" as recorded in Plat Book 71, Page 75, Pinellas County Public Records, Florida; thence S 00° 32' 36" E, a distance of 5.00 feet to a Point of Beginning; thence S 00° 32' 36" E, a distance of 5.00 feet; thence S 89° 27' 24" W, a distance of 69.00 feet; thence N 00° 32' 36" W, a distance of 5.00 feet; thence N 89° 27' 24" E, a distance of 69.00 feet to the Point of Beginning. Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: Meeting Date:10/1/2012 Award a Contract to Construction Manager at Risk, Biltmore Construction, of Belleair, FL., in an amount not to exceed $86,105, plus $3895 excess funding for unforeseen �eld conditions; establish a Capital Improvement Program (CIP) project for the Fire Training Facility Concrete Pad Repair; close completed projects returning funds to the General Fund; and authorize the appropriate officials to execute same. (consent) SUMMARY: The concrete slab at Fire Station 48 has been damaged due to the lateral load created by service vehicles. King Engineering was hired to evaluate the slab and recommend the appropriate repairs to ensure a substantial life cycle of the structure. Furthermore, drainage improvements will be made onsite to ensure proper conveyance of surface water. Biltmore Construction, of Belleair, Florida, was selected as the Construction Manager at Risk in accordance with the City's Continuing Contract agreement. First quarter budget amendments will establish CIP project 0315-91267, Fire Training Facility Concrete Pad Repair with transfers in amounts of $60,836.31 from 0315-91221, EMS Capital Equipment (closing the project), and $29,163.69 from 0315-91256, Security Access Systems for total funding in the amount of $90,000.00 to fund the Concrete Pad Repairs and unforeseen field conditions; and return remaining balance of $23,569.20 in CIP 315-91256 to the General Fund to close the project. Type: Capital expenditure Current Year Budget?: No Budget Adjustment Comments: See Summary Current Year Cost: Not to Exceed: For Fiscal Year: Appropriation Code 0315-91267-563800-522- 000-0000 Bid Required?: $90,000 $90,000 2012 to 2013 No Amount $86,105 Budget Adjustment: Annual Operating Cost: Total Cost: Appropriation Comment Bid Number: Yes $90,000 Cover Memo Other Bid / Contract: Bid Exceptions: None Item # 13 Review 1) Fire Department 2) Purchasing 3) Off'ice of Management and Budget 4) Lega15) Clerk 6) Assistant City Manager 7) City ApprovaL• Manager 8) Clerk Attachment number 1 \nPage 1 C 0 N S T R U C T I 0 N September 5, 2012 Mr. Roger Beatty City of Clearwater Engineering Department P.O. Box 4748 Clearwater, FL 33758-4748 Re: Fire Station # 48 — Concrete Slab Repair and Grading Proposal. Dear Mr. Beatty: As per your request, subject to the Clarifications and Qualifications listed herein, the total cost to provide the concrete slab repair and pond embankment re-grading work as outlined below is as follows: DESCRIPTIQN AMOUNT Cost of Work: Concrete slab repair $ 51,965.00 Demo and dispose of existing 25' X 40' concrete slab. inspect/repair existing tie-backs and anchors (Allowance) install filter fabric along existing sheet piling joints install suitable backfill material and compact at slab Form and pour new Class IV, 5500 PSI concrete slab approx 7"thick install # 4/5 rebar mat, 12" OC at new slab area in lieu of wire mesh Remove existing landscaping at pond embankment Re-grade pond embankment to allow for drainage install Geo-mat Install new sod as required Re-grade/storm water rework at patio TBD Subtotal Base Proposal Design/Testing Allowance (King Engineering) $ 5,000.00 General Conditions/Supervision/Insurance $ 6,800.00 CM Fee $ 3,900.00 Contingency $ 5,000.00 Total Proposal $ 72,665.00 1055 Ponce de Leon Boulevard Belleair, Florida 33756 . 727-585-2084 . Fax 727-585-2088 �tem # � 3 Attachment number 1 \nPage 2 J. Parker to R. Beatty September 6, 2012 Page 2 of 4 Clarifications and Qualifications Owner and Construction Manager / Contractor agree notwithstanding any other covenant that, due to the special nature of this project, the Construction Manager / Contractor undertakes this work subject to the following special conditions, terms, and understandings: 1. Scope of Work Provide all materials and labor required to complete the partial concrete slab replacement and pond embankment work as outlined in King Engineering's Technical Memorandum dated May 11, 2011. The work will consist of the following: • Saw cut, remove and dispose of existing 25' X 40' concrete slab. • inspect/repair existing tie-backs and anchors. A$ 3,500.00 allowance is included in the cost of the work above to expose and perform repairs, if necessary, on the existing tie-backs. • Excavate and install filter fabric along existing sheet piling joints. • install suitable backfill material and compact at slab. • Form and pour new Class IV, 5500 PSI concrete slab approx 7" thick. The Technical memorandum calls for a 6" slab, but due to the heavy loads we have included pricing for a 7" slab. • Install # 4 and 5 rebar mat, 12" OC at new slab area in lieu of wire mesh. The technical memorandum calls for wire mesh. • Remove existing landscaping at pond embankment. • Re-grade pond embankment to allow for drainage Install Geo-mat. • Install new sod as required • An allowance of $5,000.00 is included for any drawings that may be necessary for City permitting and compaction/materials testing. • In lieu of tying back to the existing pile cap, we have included a bell footer at the West edge of the slab along the sheet piling. 1) Time of performance — Construction Manager will endeavor to Substantially Complete the Scope of the Work in forty five calendar days (45) from the receipt of the Notice to Proceed and all required permits. Final completion will be thirty (5) calendar days after Substantial Completion. 2) No liquidated damages are in effect for this project. 3) No permit fees are included as this is a City of Clearwater project. I[�'ii�:�iK3 Attachment number 1 \nPage 3 J. Parker to R. Beatty September 6, 2012 Page 3 of 4 4) No SWFWMD permitting is anticipated or included as the work is considered maintenance/repair of existing. 5) The Construction Manager shall observe the Owner's guidelines for project security at all times. No watchman service is included in this Proposal. 6) Due to the nature of this work, Builders Risk/property insurance cannot be provided. 7) Use of contingency funds must be approved in writing by The City's project manager or appointed representative. 8) No temporary trailer facilities are anticipated or included. 9) Testing and surveying services are not included unless included above. 10) The City reserves the right to accept and/or reject subcontractors. 11) Warranties and Guarantees: Biltmore Construction Co., inc. to the Owner Biltmore Construction Co., inc. warrants to the Owner that the materials and workmanship furnished under this Contract will be of good quality and new unless otherwise required or permitted by the Construction/Contract Documents, that the Work will be free from defects not inherent in the quality required or permitted, and that the Work will conform with the requirements of the Construction/Contract Documents. Work not conforming to these requirements, may be considered defective. Biltmore Construction Co., Inc.'s warranty excludes remedy for damage or defect caused by insufficient maintenance, improper operation, acts of god/nature, vandalism or normal wear and tear under normal usage. The term and duration of this express warranty is one (1) year from the Date of Substantial Completion. The provisions herein shall not prevent the Owner from proceeding directly against the manufacturer and/or installer for such longer period of time as allowed by state statute. Installer / Subcontractor Warranties and Guarantees The Subcontractor shall warrant to the Owner and to Biltmore Construction Co., Inc. that all workmanship and materials are free from defects in installation. The express warranty/guarantee shall be consistent with the durations stipulated in the Construction/Contract Documents, customarily one 1 year from the Date of Substantial Completion. Notwithstanding anything to the contrary, neither Biltmore Construction Co., Inc., nq�e� # 13 surety, nor the Subcontractor shall have any joint/several liability relating to, nor shall they Attachment number 1 \nPage 4 J. Parker to R. Beatty September 6, 2012 Page 4 of 4 be obligated to underwrite, or in any way become guarantor(s) of any manufacturer's warranty/guaranty or product to the Owner. The Owner shall be provided with the "standard" manufacturer's warranty, and it shall satisfy the requirements under the Construction/Contract Documents relating thereto. Manufacturer's Exqress Warranties / Guarantees Biltmore Construction Co., inc. shall collect and transmit to the Owner any and all standard manufacturer's warranties and standard manufacturer's guarantees specified in the Construction/Contract Documents. The obligation and liability of Biltmore Construction Co., inc. and/or its surety is limited to the collection and proper transmittal of these warranties and guarantees to the Owner. Existin� Warrantv/Guarantee: Notification to any previous or existing guarantor to maintain any pre-existing warranty is not included. 12) This proposal is based upon the performance under the existing Continuing Area Contract for The City of Clearwater dated February 28, 2011. 13) Notwithstanding anything to the contrary, the Owner specifically acknowledges and agrees that the Construction Manager (Contractor) operates on a pay-when-paid basis with its subcontractors, and nothing contained herein or elsewhere shall be interpreted to require the Construction Manager and/or its Surety to remit any payment (including final payment) to subcontractors prior to the receipt of payment (including final) from the Owner. Please contact us if you have any questions. Very truly yours, Jeff Parker Vice President J P/g b I[�'ii�:�iK3 Attachment number 2 \nPage 1 C 0 N S T R U C T I 0 N September 7, 2012 Mr. Roger Beatty City of Clearwater Engineering Department P.O. Box 4748 Clearwater, FL 33758-4748 Re: Fire Station # 48 — Patio Drainage Restoration Dear Mr. Beatty: As per your request, subject to the Clarifications and Qualifications listed herein, the total cost to provide the patio drainage correction work as per the Alternate # 1 of the Technical Memorandum prepared by King Engineering dated May 19, 2011 as outlined below is as follows: DESCRIPTIQN' ' AMOUNT Cost of Work: Re-grade/storm water rework at patio $ 9,800.00 Camera existing storm water line from the patio to the East property line Re-grade West of patio to allow for drainage to the existing pond Re-sod area West of patio Create V shaped ditch from East of patio sidewalk to existing storm water connection Re-sod ditch area Subtotal Base Proposal 9,800.00 Design/Testing Allowance (King Engineering) NIC General Conditions/Supervision/Insurance $ 1,900.00 CM Fee $ 740.00 Contingency $ 1,000.00 Total Proposal $ 13,440.00 1055 Ponce de Leon Boulevard Belleair, Florida 33756 . 727-585-2084 . Fax 727-585-2088 �tem # � 3 Attachment number 2 \nPage 2 J. Parker to R. Beatty September 6, 2012 Page 2 of 4 Clarifications and Qualifications Owner and Construction Manager / Contractor agree notwithstanding any other covenant that, due to the special nature of this project, the Construction Manager / Contractor undertakes this work subject to the following special conditions, terms, and understandings: 1. Scope of Work Provide all materials and labor required to complete the partial concrete slab replacement and pond embankment work as outlined in King Engineering's Technical Memorandum dated May 11, 2011. The work will consist of the following: • Camera existing storm water line from the patio to the East property line • Re-grade West of patio to allow for drainage to the existing pond • Re-sod area West of patio • Create V shaped ditch from East of patio sidewalk to existing storm water connection • Re-sod ditch area • Camera existing storm water line from the patio to the East property line • Re-grade West of patio to allow for drainage to the existing pond • Re-sod area West of patio • Create V shaped ditch from East of patio sidewalk to existing storm water connection 1) Time of performance — Construction Manager will endeavor to Substantially Complete the Scope of the Work in Thirty calendar days (30) from the receipt of the Notice to Proceed and all required permits. Final completion will be thirty (5) calendar days after Substantial Completion. 2) No liquidated damages are in effect for this project. 3) No permit fees are included as this is a City of Clearwater project. 4) No SWFWMD permitting is anticipated or included as the work is considered maintenance/repair of existing. 5) The Construction Manager shall observe the Owner's guidelines for project security at all times. No watchman service is included in this Proposal. 6) Due to the nature of this work, Builders Risk/property insurance cannot be providedltem # 13 Attachment number 2 \nPage 3 J. Parker to R. Beatty September 6, 2012 Page 3 of 4 7) Use of contingency funds must be approved in writing by The City's project manager or appointed representative. 8) No temporary trailer facilities are anticipated or included. 9) Testing and surveying services are not included unless included above. 10) The City reserves the right to accept and/or reject subcontractors. 11) Warranties and Guarantees: Biltmore Construction Co., inc. to the Owner Biltmore Construction Co., inc. warrants to the Owner that the materials and workmanship furnished under this Contract will be of good quality and new unless otherwise required or permitted by the Construction/Contract Documents, that the Work will be free from defects not inherent in the quality required or permitted, and that the Work will conform with the requirements of the Construction/Contract Documents. Work not conforming to these requirements, may be considered defective. Biltmore Construction Co., inc.'s warranty excludes remedy for damage or defect caused by insufficient maintenance, improper operation, acts of god/nature, vandalism or normal wear and tear under normal usage. The term and duration of this express warranty is one (1) year from the Date of Substantial Completion. The provisions herein shall not prevent the Owner from proceeding directly against the manufacturer and/or installer for such longer period of time as allowed by state statute. installer / Subcontractor Warranties and Guarantees The Subcontractor shall warrant to the Owner and to Biltmore Construction Co., inc. that all workmanship and materials are free from defects in installation. The express warranty/guarantee shall be consistent with the durations stipulated in the Construction/Contract Documents, customarily one 1 year from the Date of Substantial Completion. Notwithstanding anything to the contrary, neither Biltmore Construction Co., Inc., nor its surety, nor the Subcontractor shall have any joint/several liability relating to, nor shall they be obligated to underwrite, or in any way become guarantor(s) of any manufacturer's warranty/guaranty or product to the Owner. The Owner shall be provided with the "standard" manufacturer's warranty, and it shall satisfy the requirements under the Construction/Contract Documents relating thereto. Manufacturer's Express Warranties / Guarantees I[�'ii�:�iK3 Attachment number 2 \nPage 4 J. Parker to R. Beatty September 6, 2012 Page 4 of 4 Biltmore Construction Co., inc. shall collect and transmit to the Owner any and all standard manufacturer's warranties and standard manufacturer's guarantees specified in the Construction/Contract Documents. The obligation and liability of Biltmore Construction Co., inc. and/or its surety is limited to the collection and proper transmittal of these warranties and guarantees to the Owner. Existin� Warranty/Guarantee: Notification to any previous or existing guarantor to maintain any pre-existing warranty is not included. 12) This proposal is based upon the performance under the existing Continuing Area Contract for The City of Clearwater dated February 28, 2011. 13) Notwithstanding anything to the contrary, the Owner specifically acknowledges and agrees that the Construction Manager (Contractor) operates on a pay-when-paid basis with its subcontractors, and nothing contained herein or elsewhere shall be interpreted to require the Construction Manager and/or its Surety to remit any payment (including final payment) to subcontractors prior to the receipt of payment (including final) from the Owner. Please contact us if you have any questions. Very truly yours, Jeff Parker Vice President J P/g b I[�'ii�:�iK3 Attachment number 3 \nPage 1 � Clearwater u Prepared by: Engineering Department Geographic Technology Division 100 S. Myrtle Ave, pearwater, PL 33756 Ph:(727)562-4750,Fax:(727)526-4755 www.Mypearwater.com FIRE STATION 48 TRAINING SITE CONCRETE PAD & DRAINAGE EVALUATION PROJECT Map Gen By: CRM I Reviewed By: RTB I Date: O8/O8/2012 I Grid #: 2626 I S-T-R: 01-29S-15E N W E I # �� Scale: N.T.S. Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: Meeting Date:10/1/2012 Approve a CDM Smith Supplemental Wark Order in the amount of $378,398.59 for additional engineering design of the Reverse Osmosis Plant No. 1 Expansion Project (09-0018-UT); and authorize the appropriate officials to execute same. (consent) SUMMARY: This Agenda Item provides for additional engineering and design services for the construction of the Reverse Osmosis Plant No. 1 Expansion Project. The original design Work Order was approved on September 22, 2010 and involved design services to expand the existing Reverse Osmosis Plant at Reservoir 1 from 3 million gallons a day to 4.5 million gallons a day in accordance with the City's Water Supply Master Plan. The Supplemental Work Order engineering services include: additional meetings required to coordinate with RO Plant 2 design related to the backwash/concentrate lines and to coordinate with design concept changes by the City's Parks and Recreation department related to the proposed ballfield improvements; additional design services related to adding an additional backwash line from RO Plant 1 to RO Plant 2; evaluating additional membrane alternatives; additional site plan iterations for storm grading and drainage related to design changes related to the ballfield designs; additional evaluation and design of an adsorption system; additional evaluation and design of backwash decanting and solids disposal system; and the performance of two additional pilot tests. All of these supplemental services are being performed in anticipation of significant construction and operating savings. The overall design is anticipated to be complete by October 2012, with the construction phase scheduled for completion by December 31, 2013. CDM Smith is one of the City's Engineers-of-Record, and this work order was negotiated in accordance with the Consultants Competitive Negotiations Act. Sufficient funding is available in Capital improvement Program project 0315-96764, RO 1 Plant Expansion in the amount of $378,398.59. Type: Capital expenditure Current Year Budget?: Yes Budget Adjustment Comments: See Summary Current Year Cost: Not to Exceed: For Fiscal Year: Appropriation Code $378,398.59 to Amount Budget Adjustment: Annual Operating Cost: Total Cost: Appropriation Comment None 0 $378,398.59 0315-96764-561300-533- $378,398.59 See Summary Cover Memo 000-0000 item # 14 Review Approval: 1) Off'ice of Management and Budget 2) Lega13) Clerk 4) Assistant City Manager 5) City Manager 6) Clerk Attachment number 1 \nPage 1 � � . SUPPLEMENTAL WORK ORDER for the CITY OF CLEARWATER Date: Project Number: Sept 17, 2012 City Project Number: 09-0018-UT 1. PROJECT TITLE: Reverse Osmosis Plant #1 Expansion — Supplemental Work Order #1 2. SCOPE OF SERVICES: Camp Dresser & McKee Inc. (CDM) will perform the following described supplemental engineering services related to the preliminary design and final design for the expansion of the City of Clearwater's (CITY) Reverse Osmosis Plant #1 (Plant). Specifically, the proposed supplemental engineering services include: additional meetings required to coordinate with RO Plant #2 design related to the backwash/concentrate lines and to coordinate with design concept changes by the City's Parks and Recreation department related to the proposed ballfield improvements; additional services related to adding the backwash line from RO Plant #1 to RO Plant #2; evaluate additional membrane alternatives; additional site plan iterations for storm grading and drainage related to design changes related to the ballfield designs; additional evaluation and design of an adsorption system; additional evaluation and design of backwash decanting and solids disposal system; and the performance of two additional pilot tests. All of these supplemental services are being performed in anticipation of significant construction and operating savings. The tasks defined below are derived from the original Work Order with additions, deletions, and modifications, as necessary, showing only the supplemental services. Therefore, the numbering of the tasks may seem out of sequence. Task 2.1 Geotechnical Investigation These additional services add task 2.1.3 below. Due to changes in site plan and tank sizes to accommodate the ballpark design, additional geotechnical investigation is required. This Task 2.1.3 is for the additional geotechnical investigation that must be done before the demolition of the existing storage tank. The budget for these services is calculated based on a straight pass through to the City. Task 2.1.3 New Storage Tank Additional Geotech Investigation Item # 14 WO Initiation Form.docx 1 Of 7 form revised: 8/9/2012 Attachment number 1 \nPage 2 This additional investigation includes three additional borings, one at the center and two around the perimeter of the proposed tank. In addition, previous boring PB-8 will be deepened from 45 feet to 75 feet beneath existing grade. Also, one, 75-foot boring will be positioned as close to the existing tank as possible. This task also includes Flat Dilatometer Soundings, laboratory analysis, and the preparation of a geotechnical report presenting the results and recommendations. Task 2.3 Plant Expansion Preliminary Design Report These additional services are required in order to complete the preparation of the Preliminary Design Report task 2.3. Task 2.3.1 Additional Meetings This task is to provide meetings that are in addition to the meetings in the original work order. These meetings are required to coordinate various changes to the original design concept as outlined below. With the addition of including a new fiber optic instrumentation line and a new backwash line along with the originally planned concentrate line intended to connect the City's two RO Plants, three additional design coordination meetings with the City, RO Plant #2 Design Team, and CDM Smith are required. This task accounts for these meetings. CDM Smith is anticipating that it will require four additional coordination meetings with the City's Parks and Recreation Department regarding the City's concept for improving the existing ballfields immediately adjacent to the RO Plant #1 site. This requires several iterations between the two design teams. An additional three to six coordination meetings are required related to the preparation of the ERP application to accommodate an iterative approach between site plan changes for grading and drainage plans. The additional design effort associated with these meetings is discussed below. Task 2.3.2 Additional High Flux Membrane Analysis Provide additional life-cycle cost benefit analysis for three additional high-flux membrane alternatives. These additional alternatives were a result of the evaluation of the original three alternatives. Task 2.3.3 Additional Evaluation for Adsorption and Backwash Decanting Systems Based on preliminary results from the pilot tests, it was determined that an adsorption system was needed to effectively remove iron from the raw water. A design criteria change related to the dual-media backwash water caused an evaluation of a backwash decanting system and solids handling system. This will allow the City to recycle the decant and dewater and dispose of backwash solids and as a backup, allow the City to pump the backwash decant water to RO No. 2 Item # 14 WO Initiation Form.docx 2 Of 7 form revised: 8/9/2012 Attachment number 1 \nPage 3 Task 3 FINAL DESIGN PHASE Task 3.1 Plant Expansion Design The supplement to this task is described in this new Task 3.1.1 below. Task 3.1.1 Additional Design As mentioned above, the site plan (grading and drainage and stormwater management plan) is required to have several iterations in order to accommodate both changes in the ballfield conceptual design. These iterations are required to provide the adjustments necessary to provide the most effective ballfield configuration and most efficient stormwater management. A total of five additional site plan alternatives are anticipated in order to meet all project requirements. This task anticipates the additional design required for the various other design changes described above for the plant expansion. The budget for this task accounts for design credits associated with the savings of providing a two skid rather than three skid solution (less building expansion) and the additional cost associated with designing different feed water systems due to higher pressures; addition of an adsorption system; and addition of backwash decanting and solids handling systems. Task 3.2 Concentrate Pipeline Design The supplement to this task is described in two new tasks 3.1.1 and 3.1.2 below. Task 3.2.1 Addition of a Backwash Pipeline and a Communication Line One backwash pipeline and one communication (fiber-optic) line have been added to connect the two RO plants. This task anticipates additional surge analysis on the backwash pipeline and constructability reviews for the three pipelines in close proximity to and parallel to each other using directional drilling. In addition, the design concept has been modified to utilize directional drill construction methods rather than open cut for the majority of the pipeline route for all three pipelines. Task 5 FILTER PILOT It was determined that a filter pilot should be performed to determine the existing filters' performance at removing total dissolved solids and if the filters can be operated to more efficiently remove arsenic from the raw source water. This task includes: site visit and coordination; rental of the filter pilot unit at $5,800 per month; rental of tent cover at $500 per month; bench-scale testing support; full-time operation of the unit during testing; installation, startup and testing; preparation of report with recommendations. Task 6 MEMBRANE PILOT The membrane pilot is required to test and analyze the "high-flux" alternative to determine both the technical feasibility and economic effectiveness of this alternative. If the "high-flux" alternative Item # 14 WO Initiation Form.docx 3 Of 7 form revised: 8/9/2012 Attachment number 1 \nPage 4 is effective then the City will realize significant construction and long-term operating savings as opposed to the original conceptual design for expanding the plant. This task includes: site visits and coordination with the City; rental of inembrane pilot unit; development of testing protocols and P&IDs; direct purchase of inembrane elements; sampling and laboratory analysis; full-time operation of the unit; analysis of results and reporting of results and recommendations. 3. PROJECT GOALS: {Summarize the work products that will be developed during and at completion of this project. Include deliverables, reports, drawings, specifications, # of copies, the format in which plans will be provided, meetings and/or site visits, permits, etc.} 4. BUDGET: Attachment B includes a cost table that depicts the total cost per task and/or phase for these supplemental engineering services. This price includes all labor and expenses anticipated to be incurred by CDM Smith Inc. for the completion of these tasks in accordance with Professional Services Method "A" — Cost Times Multiplier Basis, for a fee not to exceed Three hundred seventy eight thousand three hundred ninety eight dollars and fifty cents Dollars ($378.398.59). 5. SCHEDULE: The project schedule is revised to account for various changes. The proposed bid advertisement date will be mid-October, 2012, with a proposed construction NTP anticipated for January, 2013. 6. STAFF ASSIGNMENT (Consultant): This supplement changes the project manager from Mike Carballa to Gina Cashon. 7. CORRESPONDENCE/REPORTING PROCEDURES: ENGINEER's project correspondence shall be directed to: Gina Cashon All City project correspondence shall be directed to: Lan-Anh Nguyen 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. City Invoicing Code: 0315-96764-561300-533-000-0000 9. INVOICING PROCEDURES At a minimum, in addition to the invoice amount(s) the following information shall be provided on all invoices submitted on the Work Order: Item # 14 WO Initiation Form.docx 4 Of 7 form revised: 8/9/2012 10. Attachment number 1 \nPage 5 A. Purchase Order Number and Contract Amount. B. The time period (begin and end date) covered by the invoice. C. A short narrative summary of activities completed in the time period D. Contract billing method — Lump Sum or Cost Times Multiplier E. If Lump Sum, the percent completion, amount due, previous amount earned and total earned to date for all tasks (direct costs, if any, shall be included in lump sum amount). F. If Cost Times Multiplier, hours, hourly rates, names of individuals being billed, amount due, previous amount earned, total earned to date for each task and other direct costs (receipts will be required for any single item with a cost of $50 or greater or cumulative monthly expenses greater than $100). G. If the Work Order is funded by multiple funding codes, an itemization of tasks and invoice amounts by funding code. SPECIAL CONSIDERATIONS: None PREPARED BY: Michael P. Smith, P.E., BCEE Vice President CDM Smith Inc. Date APPROVED BY: Michael D. Quillen, PE City Engineer City of Clearwater Date Item # 14 WO Initiation Form.docx 5 Of 7 form revised: 8/9/2012 Attachment number 1 \nPage 6 Attachment "A" ! m � `� I i CITY OF CLEARWATER ENGINEERING DEPARTMENT WORK ORDER INITIATION FORM CITY DELIVERABLES 1. FORMAT The design plans shall be compiled utilizing the following methods: 1. City of Clearwater CAD standards. 2. 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. 2. DELIVERABLES The design plans shall be produced on 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 Autodesk Civil 3D file format. If not available Land Desktop files are still acceptable, however the City or Clearwater is currently phasing out Land Desktop. NOTE: If approved deviation from Clearwater 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 release of Autodesk, Inc. software. 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@myClearwater.com. All electronic files (CAD and Specification files) must be delivered upon completion of project or with 100% plan submittal to City of Clearwater. Item # 14 WO Initiation Form.docx 6 Of 7 form revised: 8/9/2012 Attachment number 1 \nPage 7 Attachment "B" RO Plant #1 Expansion — Supplemental WO #1 CDM WORK ORDER INITIATION FORM PROJECT BUDGET Task Description Subconsultant Labor Total Services 1.0 Pre- Design $0 2.0 Design '.� Task21.3NewStorageTankAdditionalGeotech $16,000.00 Investi ation '.� Task2.3.1 AdditionalMeetings $8,400.00 '.� Task 2.3.2 Additional High Flux Membrane Analysis $27,000.00 '.� Task2.3.3 Additional. Evaluation. OfAdsorption and $11,000.00 Backwash Decanting Systems $62,400.00 3.0 Final Design Plans and Specifications Task3.11 Additional Design $105,000.00 Task 31.1 Design Credits (for building expansion) $-38,000.00 Task3.21 Addition of a Backwash Pipeline and a $20,000.00 Communication Line $0 $87,000.00 5.0 Filter Pilot $39,206.06 $81,623.01 $120,829.07 6.0 Membrane Pilot $6,005.00 $81,829.41 $87,834.41 Subtotal, Labor and Subcontractors $358,063.48 Permit Review Fees $0 Other Direct Costs (prints, photocopies, postage, etc.) $20,335.11 (Not applicable to lump sum Work Orders) Grand Total $378,398.59 Item # 14 WO Initiation Form.docx 7 Of 7 form revised: 8/9/2012 Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: Meeting Date:10/1/2012 Approve the Interlocal Agreement between the City and Pinellas County establishing terms and conditions associated with right-of-way vacations, impacts to County property and the transfer of real estate interests needed for the planned expansion of the Capitol Theatre; adopt Resolution 12-16; and authorize the appropriate officials to execute same, contingent on the passage and adoption of Ordinance 8363-12. SUMMARY: The plan to renovate the Capitol Theatre includes expanding the Theatre's footprint southward into the existing 17 foot-wide alley. Modi�cations to adjacent property owned by Pinellas County are needed to accommodate the expansion. The interlocal agreement establishes the terms and conditions agreed to by the City and the County to facilitate the renovation of the theatre. Substantive components of the agreement are summarized below: The City will vacate a portion of the 17 foot - wide alley immediately behind the Capitol Theatre and a portion of the 28 foot-wide alley currently located between the two Counry-owned parcels. The County will convey all interest, right and title over the south half of the vacated 17 ft. alley to the City via quit claim deed. The County will convey an easement to the City over the northernmost 12 ft. of its property at 14 S. Fort Harrison Avenue for use as a public right-of-way and as a utility corridor for public and private utilities. The County will allow the vacated 28 ft. alley to continue to be used as a utility corridor by the City, Knology and Progress Energy. The City will pay all costs to combine the two County parking lots and the vacated 28 ft. alley in accordance with the site plan previously approved by both parties. From time to time, the modi�ed County parking lot may be disturbed due to future wark on underground utilities in the vacated 28 ft. alley. In such cases, if parking spaces are unavailable to the County due to construction, the City will provide for the number of displaced parking spaces in the City Hall parking lot located at 112 S. Osceola Avenue at no cost to the County. This condition shall survive the term of the Interlocal Agreement but is revocable by either party without cause upon thirty days notice to the other party. The City will grant the County a license allowing County employees to use ten parking spaces in City Parking Lot 17 during business hours only. Lot 17 is located on the southeast corner of Court Street and South Fort Harrison Avenue. Review Approval: 1) Off'ice of Management and Budget 2) Lega13) Clerk 4) Assistant City Manager 5) City Manager 6) Clerk Cover Memo ��II�:�N� Attachment number 1 \nPage 1 Interlocal Agreement This agreement made and entered into this day of 2012, by and between the City of Clearwater, a municipal corporation of the State of Florida, hereinafter referred to as the "CITY" and Pinellas County, a political subdivision of the State of Florida, hereinafter referred to as the "COLJNTY". WITNESSETH: WHEREAS, the Capitol Theatre located on City-owned property addressed at 403 Cleveland Street, Clearwater, Florida, is an integral component to Clearwater's downtown business district and plays a critical role in the economic health and future improvement of the Cleveland Street corridor; and WHEREAS, the City is planning a proj ect (Proj ect) to renovate and expand the Capitol Theatre; and WHEREAS, the Project will impact portions of nearby rights-of-way and nearby County- owned property currently used for County employee parking; and WHEREAS, the City has passed and adopted Ordinance 8363-12 (Ordinance), vacating certain portions of right-of-way subj ect to certain conditions contained therein; and WHEREAS, conditions in the Ordinance potentially impacting the County are further described herein and the Ordinance is subject to the performance and satisfaction of said conditions; and WHEREAS, the City has requested that the County coordinate with the City on the transfer of real estate interests and the modification to County property, currently used for parking as may be necessary to facilitate the Proj ect. NOW, THEREFORE, in consideration of the mutual covenants and agreements hereinafter contained, it is agreed by the parties hereto as follows: 1. PURPOSE The purpose of this Interlocal Agreement is that the City and the County coordinate to provide for the City's administration of the Project. And by approval of this Agreement, City's council authorizes City staff to execute and administer all agreements necessary in the administration of this Project and under this Agreement. 2. RIGHT-OF-WAY VACATIONS Portions of right-of-way described in Exhibit "A" (Alley A) and Exhibit "B" (Alley B) attached hereto and by this reference, incorporated herein, have been vacated by the passage and adoption of Ordinance 8363-12 by the City Council. 3. COUNTY RESPONSIBILITIES The County agrees to: I[�'ii�:�iN7 Attachment number 1 \nPage 2 a. Convey a non-exclusive easement to the City, subject to the County's reversionary interest applicable in the event the City does not move forward with the Proj ect herein, over the property described in Exhibit "C," which is adj acent to County land that will be conveyed to the City, attached hereto and by this reference, incorporated herein, for use of said property as a public right-of-way under the jurisdiction of the City of Clearwater and for use as a utility corridor for public and private utilities. Any costs of relocation for City or private utility providers' facilities shall be at the City's sole expense. b. Convey any and all interest, right and title to that certain property described in Exhibit "D" attached hereto and by this reference, incorporated herein, via County deed subject to County's reversionary interest applicable in the event the City does not move forward with the Proj ect herein. c. The City's retention of an existing utility easement over Alley B providing for the City's continued use, maintenance and replacement of an existing sanitary line and existing gas distribution line. d. The City's retention of an existing utility easement over Alley B providing for Florida Power Corporation d/b/a Progress Energy, Inc. and Knology Broadband of Florida, Inc. to retain rights to utilize said property as a utility corridor as each entity has enjoyed immediately prior to the adoption of the Ordinance. e. The County will participate in the development review process as it relates to approval of construction plans for the modification of the County's parking lots, which are impacted by the City's project as further described herein. The County shall promptly respond to the City's questions, and the County shall not unreasonably withhold its approval during the aforementioned development review process. 4. CITY'S RESPONSIBILITIES The City agrees to: a. Construct improvements to the Capitol Theatre and to the County's parking lots, including any impacted portions of vacated rights-of-way, ensuring that the County will remain with the same number of on-site parking spaces as prior to the City's Project, in accordance with all applicable rules and regulations of regulatory authorities with jurisdiction. b. The City retains a utility easement as referenced in sections 3(c) and (d) above for the continued use, maintenance, repair and replacement of existing utility infrastructure by the City of Clearwater, Progress Energy, and Knology over the property depicted in Exhibit `B." Any costs incurred in relocating and/or restoring such utility infrastructure located under the easement retained by the City depicted in Exhibit "B" shall be at each respective utility owner's expense and will survive the term of this agreement. The County shall not, at any time, be responsible for any costs associated with the use of this easement as a utility corridor by the City, Progress Energy or Knology. c. The City shall not procure the services of a contractor for the Proj ect until first receiving written approval by the County of the construction plans and specifications for the proposed work. d. Complete the modification to the County parking lots in accordance with all applicable rules and regulations of regulatory authorities with jurisdiction and in accordance with construction plans approved by the County. As a result of the City's Project, parking lot modifications must include an asphalt overlay of the entire County parking lot, excluding the area of existing brick pavers, prior to any restriping of parking spaces. Item # 15 2 Attachment number 1 \nPage 3 e. Provide temporary parking for County employees at the City Hall parking lot located at 112 S. Osceola Avenue, only under the following circumstances, and the City shall provide to the County, at no cost, the number of parking spaces displaced by the City Proj ect for the duration of said displacement: i. When the reconstruction/modification to the impacted County parking lot is disturbed due to the City's Project. ii. When, from time to time, Alley B is disturbed due to utility work This condition shall survive the term hereof and is revocable by either party without cause upon thirty (30) days notice to the other party. £ Provide the County a license for its employees to use, Monday through Friday from 8am— 6pm, excluding Federal Holidays, ten (10) designated parking spaces located in a portion of City Parking Lot 17, which is located on the southeast corner of South Fort Harrison Avenue and Court Street. The License shall survive the term of this agreement, so long as the termination clauses within the License are not exercised. 5. TERM The term of this Agreement shall be for a period of eighteen (18) months, commencing on the Effective Date. This term may be extended with written request from the City and written approval from the County's Director of Real Estate Management. Obligations under this Agreement, which by their nature should survive, including but not limited to any and all obligations relating to record retention, parking indemnification, maintenance and operation, temporary parking due to utility work displacement, and easements will remain in effect after termination or expiration of this Agreement. 6. INDEMNIFICATION The County and City agree to be fully responsible for their own acts of negligence, or their respective agents' acts of negligence when acting within the scope of their employment, and agree to be liable for any damages resulting from said negligence only to the extent permitted by Section 768.28, Florida Statutes. In the event the City procures consultants or subcontractors for the performance of any service herein, the City shall have that consultant/contractor name Pinellas County as an additional insured. Nothing herein is intended to nor shall it be construed as a waiver of any immunity from or limitation from liability that the County and City are entitled to under the doctrine of sovereign immunity (Section 768.28, Florida Statutes). Nothing herein shall be construed as consent by the County or City to be sued by third parties in any manner arising out of this Agreement. 7. OFFICIAL NOTICE All notices required by law and by this Agreement to be given by one (1) party to the other shall be in writing and shall be sent to the following respective addresses: COLJNTY: Pinellas County Department of Real Estate Management Attn: Real Property Division 509 East Ave. Clearwater, FL 33756 Telephone: (727) 464-3496 CITY: City of Clearwater Rod Irwin, Asst. City Mgr. for Econ. Development P.O. Box 4748 I[�'ii�:�iN7 Attachment number 1 \nPage 4 Clearwater, FL 33758-4748 Telephone: (727) 562-4040 8. ASSIGNMENTS Neither the County, nor the City shall assign the responsibility of this Agreement to another party, without prior written approval of the other party. 9. AMENDMENTS No amendments to this Agreement may be made without prior written approval of the parties. 10. GOVERNING LAW AND VENUE The laws of the State of Florida shall govern this Agreement, and appropriate venue shall be Pinellas County, Florida. 11. SEVERABILITY The terms and conditions of the Agreement shall be deemed to be severable. Consequently, if any clause, term, or condition hereof shall be held to be illegal or void, such determination shall not affect the validity or legality of the remaining terms and conditions, and notwithstanding any such determination, this Agreement shall continue in full force and effect, unless the particular clause, term, or condition held to be illegal or void renders the balance of the Agreement impossible to perform. 12. ENTIRE AGREEMENT This document embodies the whole agreement of the parties. There are no promises, terms. conditions, or allegations other than those contained herein and this document shall supersede all previous communications, representations, and/or agreement, whether written or verbal, between the parties hereto. This Agreement may be modified only in writing executed by all parties. 13. EFFECTIVE DATE This Agreement shall be effective upon execution by both parties and upon filing of the Agreement with the Pinellas County Clerk of the Circuit Court. Item # 15 4 Attachment number 1 \nPage 5 IN WTTNESS WHEREOF, the parties hereto have caused this Agreement to be executed on the day and year first written above. CITY OF CLEARWATER, FLORIDA Countersigned: George N. Cretekos Mayor Approved as to form: Camilo A. Soto Assistant City Attorney ATTEST: By: Print Name: Print Title: Ken Burke Clerk of Circuit Court By: William B. Horne II City Manager Attest: Rosemarie Call City Clerk PINELLAS COUNTY, FLORIDA By and through its Board of County Commissioners I� Print Name: Print Title: E (SEAL) I[�'ii�:�iN7 Scale 7" = 3n� E�HIBIT �?A�� This is not ❑ survey v � � 4] ? � � � � 0 *�i w. o � o� � c� � � � 0 � — — I I � �'l�veland St�eet �s � R�ghr-of way J.R. Davey � Et. Al. ResuSdivisian Hiilshorough Plat Book 1, Page 87 , � B L n C K '•B•. � � 8 _.,����Ill�llllllli���,... �� � — — — � — S Sourlr 12ight-aj iYay 17' Alley J_ Lega1 Description: 17' Alley Way Vacation described as follnws: The portian of the 17' alley lying South of Loi 7, and #he west �41.34' nf LQt b, 8iack B, prnperties described �n-the-�lat-titlett"�.-R_-Q�.�IEY.,ET..A.i.. FLE�LIH�I�I-I5��1N"?nrat�� �„��-�k.-1,-k�ge�7��-the-�uh�ic- Aecords..ofl3illsbor.o.ugh County, �'.L, .Qf wluch.Pinellas_.C.QUnty�asfarmerly a�art_ CITY OF CLEARWATER, FLOf ENGINEERING DEPARTl�EN �,� � � � �. a,� osc,an er LEGAL 5KE7CH n�aa e. uN+ v' �� �� T' ���y 17' ALLEY WAY VACAl10N �µ e�u� gz�e e/29%2m2 � THE CAPITOL THEATRE S7ATE OF FLORI6A" � � � � a� � s�a�e �" = so' E�HIBIT '�B" T�iis is not a survey NQRTH �-- ir,srrey a � 9 � � � � �� �� , � � x O � � U� a � Johr� R Ei. Al �D BIOCI[ „ 12 F� 3 N —__ 1 ir�rrey I 23 I �� Davey �subdivisinn a, ..�„ zo 19 1 � � �� � � � �. a � � � 03 '� � � � � �� - �„ � w �� I Legal �es�ription: 28' Alley Vacativn described as follows: The 28' alley lying West af Lots � l, 22 and 23 of Black B, properties described in the plat titled "]�HN R. �AVEY, ET. AL. RESCIB�IV[SIQN" l�cated in Plat Bavk 1, Page 87 ofthe Publi� Recards af Hillsborough County, FL, of which Pinellas CQUnry was formerly a part. S�a�e �°� = s�� E�HIBIT "�" This is not ❑ surve�r Al�RTH �-- I�orth 12' of Lot 8, 8 81ock "B" I 9 � � Jahrr R. � � � �� E� AL �� O� lff � ; I Block o � ^ � �i 1Z — — -- ---. — — � 17`.41fey �I 23 �i � � � � � � � � � �i 22 I � � ' I �� I� � I I N N o � � � �1 n � I I Davey �ResuGdivisian **B�� zo 19 � � � �� o� .,,,, � 7 � � u _ � � � Legal aescriptian: l2' Right-of�Way Easement described as foliows: The Nort� 12' of Lat 8 of Block S, a property described in the plat ritied "1�HN R. DA VEY, �T. AL. [ZESi]SaIVISION" lacated in F�at Bovk I, Page 87 of the Public Records of Hillstyarough Caunty, FL, af which Pinellas County was formerly a part. 5cale �°� _ �o� E�HIBIT "D" This is nat ❑ survey N�RTH �'l�velarnd St�'ee� 78' Riglat-af-Way v � � a� � � �� �`� 0 � � o � v� � U h � � a � — — I I 7 I r.7.R Davey � � E� Al. Resuhdivision Hillsborough Plat Book 1, Page 87 a B�oc�c ..8.. 98' � 41.34' Narch 8.5' of 1he Yacated Alley 89.39' 8.5' $ s S«urh Hrglrr-ufWuy 1 T Alley � � � � � � I °' � J_ Legal Qescrip#ion: The South 8.5' of the �acated 17' alley lying 5outh af Lat 7, and the west 4134' of Lot �, Bluck B, properties described in the plat titled "].R. DAVEY, ET. AL. RE5UBDiVIS10N" locate� in Plat Book l, P�g��7-v#'#�-��b�i���cc�ds-0#�1-i�ls��g#���; �'�; a€�v���e�l�sCa�� w��'�r���-p�: Attachment number 3 \nPage 1 RESOLUTION NO. 12-16 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 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 Aqreement. 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 , 2012. Resolu�i��i 2�1"i 615 (S EA L) ATTEST: By: Rosemarie Call City Clerk Approved as to form: By: City Attorney CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA � George N. Cretekos Mayor Attachment number 3 \nPage 2 � �:� �us:�N7 0 �--�--4� � � � � � � II II IIu �l--U--l� � � � � ��������� ��. PUBL IC R/l,U i I � I I � � , I � I I � I I I � 0 1`�I-IC�p���p .�i,ac���0� I 1--� � � I � �� \ � �� / 0 ����� ����� -I,tt�� � 0 0 � � // '?: �: �: �:? : %: : �: �: �: %: �r�� � \1 � � 0 k� WNEEL ST TTP. � � � r 4\nPage 1 of 1 ,-��•�����s cou���r o���c� �u�� �,����_ '�' �� '�' �� 0 0 0 �� �� � ���f ��f ��>a � ������� � �: ��:��� � � --- � ��NC� �U/ �.�. �CC�SS ����5 P�LA�ITER , : � Ar1TER I z 14 O� N � p`. � i � � � � � � � � 0 � � �,� �1�- 0 0 18' `�' � 24' 1 �� �� 0 � `� � l� 0.� �� � T .• �� � � � � _� � ��� 9' ��, TYP � 0 15 ^ .� � =�t cv � 0 2�� NEU1 P��4NTER �`�\ � ��� W�1 11' 4' 18' - 24' TYP 0 � � � � A I I � I I I NEU1 P��4NTER � � � H -� � :�� � � � � =�r M � -�IMITS 0� BRICK � P�4VERS � � � �2�� � � 0 0 0 �o � � � � o 0 8 8 0 �--�--4� � � � �� � �� u m � �� � � � � � v v � � • M�� � ��� W ree Q � ��e � � �� � � � �d� o � � �''-`m N �� � �mz H� � � T1T� z � �/ V 1 ^�� ��a � � r � � �uO Tn � ��� l./ 1 � M�a � ��u�-' � � ��� a'��" o � ��� � Ua0 � ap� N r � � �-�"� � � � O U z � � u�� v � ��U w � �Q � O s' .� � � � � a � � � a w � �� _ �p ��� U � ����� m 0 � > � O Z � � a ❑o❑o❑oo❑❑o � 5i� a Q 2 � ,�ug ' 12 ❑❑❑❑❑❑❑❑❑❑ Q� � � � Q� � � � � � � � � � � � �� � �_ � � � � �� � � v } � �� � � � � ,_ � � � � � � �� ����� . � � � � .%I % , , 0 Z � � - � � • Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: Meeting Date:10/1/2012 Recommend Mayor George N. Cretekos as Clearwater's representative on the Tourist Development Council for a 4-year term beginning November 1, 2012. (consent) SUMMARY: Mayor George N. Cretekos is the current representative; term expiring October 31, 2012. Pinellas County confirms the appointment. Review Approval: 1) Off'ice of Management and Budget 2) Lega13) Clerk 4) Assistant City Manager 5) City Manager 6) Clerk Cover Memo ��11�:��� Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: Amend Council Rules 1, 6 and 8 and adopt Resolution 12-17. SUMMARY: Meeting Date:10/1/2012 At the August 13, 2012 work session, Council directed staff to amend the following Council Rules: Page 1: Rule 1— Scheduling Council Meetings/Work Session Agendas (2): Except as may be rescheduled from time to time when necessary due to conflicts, a work session shall be held at �69-a-�1:00 p.m. on the first working day of the Council meeting week. Page 3: Rule 6— Order of Business, (2): , , , , , , �e�te�rMotion process for aqenda items with Ordinances or Resolutions: aqenda items will be presented bv staff followed bv questions bv Council, public input, a motion and second on the aqenda item, discussion/comments bv Council, vote, a motion and second on the ordinance or resolution, discussion/comments bv Council, and vote. Motion process for other aqenda items: aqenda items will be presented bv staff, questions bv Council, public input, a motion and second on the aqenda item, discussion/comments bv Council, and vote. Page 4: Rule 8— ' , Debate of Motions, Tie Votes Council may discuss an agenda item �eafter a motion being made. Such discussion may be interactive between the Council members and may be ended at any time by a motion on the item. Otherwise, any member of the Council making a motion shall address the Chair and await recognition before speaking. The person making the motion is entitled to the floor first for debate. No one is entitled to the floor a second time on the same motion as long as any other member who has not spoken on the issue desires the floor. The Chair must recognize any person who seeks the floor while entitled to it. When a motion is made and seconded, it shall be stated by the Chair, if necessary, before any debate shall be in order. All questions shall be stated and put by the Chair, and the Chair shall declare all votes. Motions and any amendments can be withdrawn or modified by the maker at any time prior to the Chair stating the question on the motion; after that time, the permission of the Council majority must be obtained. The Chair cannot close debate as long as any member who has not exhausted his right to debate desires the floor, unless a vote on the previous question is called for. Cover Memo A tie vote shall constitute a continuance of the item to the next regularly scheduled meeting but upon a tie vote on the same item at the next meeting, the item shall not be reschedule��c��t7upon the request of the City Manager, the City Attorney, or a Council member. There was consensus to add Consent Agenda to Rule 6(1), Order of Business. Review Approval: 1) Clerk Cover Memo i�:�r� Attachment number 1 \nPage 1 COUNCIL RULES RULE 1 SCHEDULING COUNCIL MEETINGS/WORK SESSION AGENDAS (1) The City Council shall meet on the first and third Thursdays of each month at 6:00 p.m. in its chamber. However, in July, the City Council shall hold one regular night meeting on the third Thursday of the month. There will be no regular meeting on the third Thursday of December or the first Thursday of January. The Council will make this determination at the time the annual meeting calendar is being compiled. The day of the meeting may be changed by majority vote of the Council. (2) Except as may be rescheduled from time to time when necessary due to conflict, a work session shall be held at Q:��T 1:00 p.m. on the first working day of the Council meeting week. Work sessions are primarily designed for information gathering and guidance, and no formal Council decision approving or disapproving an agenda item or items scheduled for public hearing may be made. No public input will be accepted at work sessions except by consensus of Council. Only items on the work session agenda will be discussed. Items not on the agenda may be brought up by the Council or staff during the work session asking they be scheduled for subsequent meetings or work sessions. (3) Community meetings will be scheduled as requested by the Council. RULE 2 REQUIREMENTS FOR QUORUM A quorum for the transaction of business by the City Council shall consist of three (3) Council members. RULE 3 MANDATORY MEETING ATTENDANCE FOR CITY OFFICIALS The City officials whose regular attendance shall be required during the sittings of the Council shall be the City Clerk, City Manager and City Attorney or their substitutes. Proposed Rules for 10/4/2012 Resolution 12-17 I Item # 17 Attachment number 1 \nPage 2 RULE 4 DUTIES AND RESPONSIBILITIES OF "CHAIR" The Mayor shall be the presiding officer of the City Council, and shall be referred to as the "Chair" when sitting in that capacity. In case of the absence of the Mayor, the Vice- Mayor shall assume those responsibilities, and if both are absent, the senior Council member in years of service shall preside. The Chair shall preserve order. The Chair may call to order any member of the Council who shall violate any of the rules; and shall decide all questions of order, subject to a majority vote on a motion to appeal. The Chair shall recognize all members who seek the floor as provided in Rule 8. The Chair shall not make or second a motion. RULE 5 DUTIES OF VICE-MAYOR IN ABSENCE OF MAYOR Pursuant to Charter section 2.05, "the Vice-Mayor shall act as Mayor during the absence or inability of the Mayor to perform the duties of the office of the Mayor." For the purpose of that section, the Mayor shall be considered absent if there are duties of the office which must be performed and the Mayor is not present and able to perform them. RULE 6 ORDER OF BUSINESS (1) The order of business for a regular meeting shall ordinarily be: A. Invocation B. Pledge C. Special recognitions and awards D. Minutes of previous meetings. E. Citizens to be heard regarding items not on agenda. Each speaker will be asked to give their name and address and to limit their comments to a maximum of three minutes. F. Public hearings (not before 6:00 p.m.) Legislative and administrative matters: 1. Presentation of issues by City staff. 2. Statement of case by applicant or representative (5 minutes). 3. Council questions. Proposed Rules for 10/4/2012 Resolution 12-17 2 Item # 17 0 5 6 7 Attachment number 1 \nPage 3 Comments in support and comments in opposition. See subsection (3) below regarding time limitations for speakers. Council questions. Final rebuttal by applicant or representative (5 minutes). Council motion to determine disposition. Quasi judicial Hearings (those giving testimony will be sworn-in): 1. Staff states its recommendation and briefly summarizes its reasons for the recommendation (2 minutes). 2. Applicant presents case, including its testimony and exhibits. Witness may be cross-examined (15 minutes). 3. Staff presents further evidence. May be cross-examined (10 minutes). 4. Public comment. See subsection (3) below regarding time limitations for speakers. 5. City Council discussion, and may question any witness. 6. Applicant may call witnesses in rebuttal (5 minutes). 7. Conclusion by applicant (3 minutes). 8. Decision. All time limits may be extended upon request, and upon approval of request by majority of City Council. G. Consent Aqenda �H. City Manager reports. #I. City Attorney reports. �J. Council Discussion Items (work session only). �K. Other Council action (if agendaed from work session). a4L. Closing comments by Mayor. ('Z� /�nonrl� i4omo r�4hor 4h�n rv ihlin ho�rinno �niill ho r�r000n4oiJ hv o+.�ff fr,llr,���or! h.. \ > > rvi ioc�innc h�i +ho ('n� innil r�i ihlin inr�i i� rlicni iccinn h�i +ho ('n� innil o mn�inn onr! connnr! > > > > 4hon ,�oh�+o „n +ho m„+;,,n Motion process for aqenda items with Ordinances or Resolutions: aqenda items will be presented by staff followed by questions by Council, public input, a motion and second on the aqenda item, discussion/comments by Council, vote, a motion and second on the ordinance or resolution, discussion/comments by Council, and vote. Motion process for other aqenda items: aqenda items will be presented by staff, questions by Council, public input, a motion and second on the aqenda item, discussion/comments by Council, and vote. Proposed Rules for 10/4/2012 Resolution 12-17 3 Item # 17 Attachment number 1 \nPage 4 (3) Public comments in support or opposition of items before the Council shall be limited to a total of 60 minutes, which can be extended upon Council approval. Unless otherwise specified, persons speaking before the City Council shall be limited to three minutes per speaker. Representatives of a group may speak for three minutes plus an additional minute for each person in the audience that waives their right to speak, up to a maximum of ten minutes. A form will be provided to document the request for additional time and those agreeing to waive their right to speak. No person shall speak more than once on the same subject at the same meeting unless granted permission by the City Council. When time limits are set for speakers, unused time cannot be passed from one speaker to another. Extensions of time limits can be given if approved by the Chair. RULE 7 AGENDA/EXPENDITURE OF FUNDS/ WAIVER OR CHANGE OF RULES (A) The City Manager or City Attorney may agenda an item. Any Council item must be agendaed for discussion at a work session prior to the item being placed on a Council Agenda. Any citizen may request a member to agenda an item, even though staff has assured petitioner that adverse action may result. The Chair cannot depart from the prescribed agenda but the Council may do so by a majority vote or by consensus in response to a suggestion from the Chair. Continuance may be granted by a majority vote of the Council upon the motion of any Council member. The public will be allowed to speak on an item to be continued if that item is an advertised public hearing, but no other action shall be taken. (B) Except for items advertised for public hearing, items may be removed from the agenda. Emergency items may be added to the agenda by the City Manager or City Attorney without prior notice. Councilmember requested items that have not been considered at a work session can be discussed at a Council meeting upon a majority vote of the council to do so. The agenda may be reordered. (C) Any expenditure of funds requiring Council action must be on the agenda, with appropriate support material. No action may be taken on expenditures not on the agenda unless the Council determines by the affirmative vote of a majority plus one to perm it action to be taken. (D) The rules may be waived or changed only upon the affirmative vote of a majority plus one. RULE 8 , DEBATE OF MOTIONS, TIE VOTES Proposed Rules for 10/4/2012 Resolution 12-17 4 Item # 17 Attachment number 1 \nPage 5 Council may discuss an agenda item �e after a motion being made. Such discussion may be interactive between the Council members and may be ended at any time by a motion on the item. Otherwise, any member of the Council making a motion shall address the Chair and await recognition before speaking. The person making the motion is entitled to the floor first for debate. No one is entitled to the floor a second time on the same motion as long as any other member who has not spoken on the issue desires the floor. The Chair must recognize any person who seeks the floor while entitled to it. When a motion is made and seconded, it shall be stated by the Chair, if necessary, before any debate shall be in order. All questions shall be stated and put by the Chair, and the Chair shall declare all votes. Motions and any amendments can be withdrawn or modified by the maker at any time prior to the Chair stating the question on the motion; after that time, the permission of the Council majority must be obtained. The Chair cannot close debate as long as any member who has not exhausted his right to debate desires the floor, unless a vote on the previous question is called for. A tie vote shall constitute a continuance of the item to the next regularly scheduled meeting, but upon a tie vote on the same item at the next meeting, the item shall not be rescheduled except upon the request of the City Manager, the City Attorney, or a Council member. RULE 9 NON-DEBATABLE MOTIONS The following motions are not debatable: To adjourn; To lay on the table; To take from the table; Call the previous question. RULE 10 RECONSIDERATION Any member of the Council who voted with the prevailing side may move a reconsideration of any action of the whole Council provided that the motion be made at the same meeting at which the action was taken. A motion to reconsider shall be in order at any time (during the meeting at which the action was taken) except when a motion on some other subject is pending. No motion to reconsider shall be made more than once on any subject or matter at the same meeting. RULE 11 RESCISSION OF COUNCIL ACTION Proposed Rules for 10/4/2012 Resolution 12-17 5 Item # 17 Attachment number 1 \nPage 6 Council action may be rescinded by a majority vote. The motion may be made by any Council member. RULE 12 BREAKS/RECESSES The Council shall, at the direction of the Chair, take a break as needed and may recess for meals if the members of the City Council agree by their vote. RULE 13 COUNCIL MINUTES Copies of the minutes of regular meetings shall be furnished prior to the next meeting. Such minutes shall stand confirmed at the regular meeting of the Council without the reading thereof in open meeting unless some inaccuracy or error be pointed out by some member of the Council present, and in such event, an appropriate correction shall be made. Upon request, the City Manager will cause the City Clerk to provide any Council member with transcribed excerpts of tapes of City Council meetings. RULE 14 RULES OF ORDER Except as provided herein, or as may be required by Florida law or the City Charter, the rules of the City Council for the conduct of its business shall be as provided in the most recent edition of Robert's Rules of Order. RULE 15 RULES OF DECORUM At all times, the Council, staff and public shall conduct themselves in a respectful and civil manner. The Chair shall rule out of order any person who, in the Chair's determination, is making obscene, profane, impertinent, irrelevant, immaterial, inflammatory statements or inciting violence or fighting. The determination of the Chair or a majority of the Council shall be final on such matters. No member of the audience shall, during a Council Meeting, make or cause to be made any audible or disruptive sound or noise. Signs or graphic displays of any kind shall not be displayed in Council chambers, except in connection with a presentation made to the Council by a speaker at the podium. All persons shall at all times conduct themselves in accordance with Proposed Rules for 10/4/2012 Resolution 12-17 6 Item # 17 Attachment number 1 \nPage 7 these rules and failing such shall be removed from the Council Chambers. In the event of such removal such person shall not thereafter be readmitted to the Council Chambers during the same meeting. The Chair may recess the meeting, if deemed necessary, in order to restore order. Proposed Rules for 10/4/2012 Resolution 12-17 7 Item # 17 Resolution No. 77-44 77-129 78-65 80-62 80-101 80-118 81-32 81-92 82-33 82-36 82-115 82-119 83-42 83-75 85-47 86-18 86-30 88-61 89-21 92-79 93-04 93-44 93-45 93-75 94-8 94-16 94-31 94-67 94-74 95-16 95-35 95-77 96-11 96-68 01-43 06-21 07-32 10-11 10-21 Date Adopted 5-12-77 11-23-77 6-01-78 5-15-80 9-19-80 11-06-80 4-16-81 8-06-81 4-01-82 4-15-82 12-16-82 12-16-82 4-07-83 7-07-83 6-20-85 2-20-86 5-01-86 12-01-88 4-20-89 12-17-92 1-07-93 7-01-93 7-01-93 12-02-93 1-03-94 1-31-94 4-21-94 8-15-94 9-15-94 2-02-95 3-16-95 10-05-95 1-18-96 10-17-96 12-13-01 03-16-06 10-17-07 03-18-10 08-05-10 Attachment number 1 \nPage 8 Proposed Rules for 10/4/2012 Resolution 12-17 8 Item # 17 Attachment number 2 \nPage 1 RESOLUTION NO. 12-17 A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA, AMENDING COUNCIL RULES; AMENDING RULE 1, SCHEDULING COUNCIL WORK SESSIONS AT 1:00 P.M.; AMENDING RULE 6, CLARIFYING MOTION PROCESS FOR AGENDA ITEMS, ADDING CONSENT AGENDA TO ORDER OF BUSINESS; AMENDING RULE 8, CLARIFYING AGENDA ITEMS MAY BE DISCUSSED AFTER A MOTION BEING MADE; PROVIDING AN EFFECTIVE DATE. WHEREAS, the Council desires to amend the rules to facilitate efficient meetings; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. Rule 1, Council Rules, is amended as follows: RULE 1 SCHEDULING COUNCIL MEETINGS/WORK SESSION AGENDAS ***** (2) Except as may be rescheduled from time to time when necessary due to conflicts, a work session shall be held at Q:��T1:00 p.m. on the first working day of the Council meeting week. Section 2. Rule 6, Council Rules, is amended as follows: RULE 6 ORDER OF BUSINESS ***** G. Consent Aqenda �H. City Manager reports. #I. City Attorney reports. �J. Council Discussion Items (work session only). �K. Other Council action (if agendaed from work session). �L. Closing comments by Mayor. .. - - - - - . . . . . . . Item # 17 Resolution No.12-17 Attachment number 2 \nPage 2 Ordinances or Resolutions: aqenda items will be presented by staff followed by questions by Council, public input, a motion and second on the aqenda item, discussion/comments by Council, vote, a motion and second on the ordinance or resolution, discussion/comments bv Council, and vote. Motion process for other aqenda items: aqenda items will be presented by staff, questions by Council, public input, a motion and second on the aqenda item, discussion/comments by Council, and vote. Section 3. Rule 8, Council Rules, is amended as follows: RULE 8 , DEBATE OF MOTIONS, TIE VOTES Council may discuss an agenda item �e after a motion being made. Such discussion may be interactive between the Council members and may be ended at any time by a motion on the item. Otherwise, any member of the Council making a motion shall address the Chair and await recognition before speaking. The person making the motion is entitled to the floor first for debate. No one is entitled to the floor a second time on the same motion as long as any other member who has not spoken on the issue desires the floor. The Chair must recognize any person who seeks the floor while entitled to it. Section 4. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this day of , 2012. George N. Cretekos Mayor Approved as to form: Attest: Pamela K. Akin Rosemarie Call City Attorney City Clerk Item # 17 2 Resolution No. 12-17 Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: Amend Council Policies 2.C, 4.M, 11.R , 16.T , 18.D, and 23.A. (consent) SUMMARY: At the August 13, 2012 wark session, Council directed staff to implement the following changes: 2.0 - Budget Review Process: Meeting Date:10/1/2012 It is a policy of the City Council to be provided with a quarterly budget report and an annual operatinq budqet comparing actual versus budgeted revenue and expense activity. 4.M - Special Event Fees: There was consensus to strike World Triathlon Corp. 16.T.1— Clearwater Gas System Supply Hedging Policy: In above policv, these terms are defined as: ... 18.D.3 — Citizen Inquiries: Inquiries addressed to the whole Council, whether in one letter or duplicate letters to all Councilmembers, will be answered factually by the Mayor ' usinq the phraserepresentinq the Clearwater City Council." When needed, responses will be brought to Council for direction, prior to be sent. Mail will be routed to the appropriate staff to draft a response. Individual Councilmembers are not precluded from responding individually to express their opinion. 23.A — Application Fee Waivers: St. Petersburg � College Staff is requesting to amend the Debt Management Policy (11.R) by adding the following language: 'ost-Issuance Comnliance A. In order to comply with federal tax laws and maintain the tax-exempt status of certain municipal debt issues, Post- Issuance Compliance monitorin� is required at re�ular intervals as follows: 1) Identification of debt-financed facilities and on�oin� tax requirements - at time of issue, includin� a review of tax certificate executed at closin� 2) Quali�ed use of bond proceeds — on�oin� Cover mo 3) Qualified use of facilities financed with debt proceeds - on�oin� bv monitorin� discussions at sta meetin�s 4) Arbitra�e yield restriction and rebate — annually as soon as bank statements containin� the �1�� cif�he bond vear are available 5) Maintenance of bona �de debt service fund — recalculate sinkin� fund deposit requirements semi-annually after each interest payment date 6) Continuin� Disclosure documents other than Si�nificant Events and Notices to Bondholders — annually bv due dates throu�h EMMA Dataport 7) Si�nificant Events — upon occurrence throu�h EMMA Dataport 8) Notices to Bondholders — upon occurrence of an event requirin� notice B. Procedures for Ensurin� Timely Compliance 1) The Finance Director (or desi�nee) will review project invoices presented for payment from bond proceeds and authorize bavment if use of proceeds is brober. 2) The Finance Director (or desi�nee) will participate in staff ineetin�s where discussions are held re�ardin� use of debt-financed facilities. 3) The Finance Director (or desi�nee) will calendar all bond vear-ends and coordinate transmission of bank statements and other arbitra�e-related documents with the outside arbitra�e consultant within one month of the bond vear-end. 4) The Finance Director (or desi�nee) will re-calculate monthly sinking fund deposit requirements semi- annually after each interest payment, and annually after each principal payment. 5) The Finance Directar (or desi�nee) will consult with the City's Disclosure Counsel, as needed, re�ardin� disclosure of Si�nificant Events. C. Procedures Reasonably Expected to Timely Identify Noncompliance 1) The Finance Director (or desi�neel will review the Continuin� Disclosure Checklist for ubcomin� due dates at the be�innin� of each calendar quarter. 2) The Finance Director (or desi�neel will send reauired continuin� disclosure documents to the Citv's Disclosure Counsel for review and approval before filin� throu�h the EMMA Dataport. 3) Continuin� disclosure due dates will be calendared bv the Finance Director and bv the desi�nee, as a backup reminder. 4) The annual �nancial statement audit will include review bv external auditors of use of debt proceeds, debt service accounts and payments, and review of minutes of of�cial meetin�s. D. Procedures for Ensurin� Timely Correction of Noncompliance 1) When noncompliance has been identified, the Finance Director will promptiv brovide reQUired documents or consult with Disclosure Counsel, Bond Counsel or other outside specialists as needed. Lf a possible violation of the tax rules is identified, the Finance Director will consult with counsel to determine if a"remedial action" should be taken under the Treastuv Re�ulations or if a closin� a�reement request should be submitted to the Internal Revenue Service under the Voluntary Closin� A�reement Pro�ram. The City Mana�er and Council will be noti�ed to take additional steps, if necessary, to timely correct the noncompliance. 2) Upon receipt of any correspondence from, or openin� of an examination of any type with respect to tax- exempt debt issued for the benefit of the City, the Finance Director will promptly notify the City Mana�er and consult with outside counsel as necessarv to resbond to the IRS. E. Recordkeepin� Requirement and Records Retention All relevant records and contracts shall be maintained in retrievable paper or electronic format for the term of the debt blus a minimum of three vears. The term of the debt shall include the term of all debt which refunds the ori�inal new monev issue, includin� debt issued to refund debt in a series of refundin�s. Records required to be maintained include: 1) Basic records relatin� to the debt transaction, includin� the debt transcribt of proceedin�s and other relevant documents delivered to the Citv in connection with the issuance and closin� of the debt transaction. 2) Documents evidencin� expenditure of debt proceeds, includin� but not limited to: a) Construction contracts b) Purchase orders c) Invoices and applications for payment d) Trustee requisitions and payment records Cover Memo I[�ii�:�iE:3 e) Documents related to costs reimbursed with debt proceeds, includin� related issuer resolutions fl Records identifyin� the assets or portion of assets financed or re�nanced with the debt proceeds g) A final schedule of property financed bv the debt and final allocation of debt proceeds. 3) Documentation evidencin� the use of debt-financed property, includin� records of lease or sale of debt- financed property for public or private purposes, and any chan�e in use of debt-financed property from its ori�inal intended purpose. 4) Documentation evidencin� all sources of pavment or securitv for the debt. 5) Documentation pertainin� to investment of debt proceeds, includin� but not limited to: a) Purchase and sale of securities b) SLGs subscriptions c) Yield calculations for each class of investments d) Actual income received from the investment of proceeds e) Investment a�reements fl Trustee statement g) Arbitra�e rebate calculations and reborts. Review Approval: 1) Clerk Cover Memo ��II�:�Eij Attachment number 1 \nPage 1 CITY COUNCIL POLICIES Adopted 10-21-2010 Item # 18 Proposed Policies for 10-04-2012 meeting Attachment number 1 \nPage 2 CITY COUNCIL POLICIES TABLE OF CONTENTS Boards....................................................................................................... Page 1 Representative Balance ......................................................................................1A AdHoc Committee ..............................................................................................1 B City Representatives on Non-City Boards .......................................................... 1 C Non-Board Business Functions Sunshine Law .................................................. 1 D SpecialRequest ..................................................................................................1 E Input to Other Boards/Committees ......................................................................1 F Letterhead.......................................................................................................... 1 G Campaign Material During Meetings .................................................................. 1 H Input from Advisory Boards .................................................................................1 I City Representatives on Non City Boards (Deleted by Council 8-21-03) ............ 1 J Advisory Board Appreciation ...............................................................................1 K Budget................................................................................................ Pages 2-17 BalancedBudget .................................................................................................2A Maintenance of Capital Plant and Equipment .....................................................2B Budget Review Process ..................................................................................... 2C Budgetary Position Control ................................................................................ 2D General Fund Unappropriated Retained Earnings ..............................................2E Capital Improvement Budget and Capital Improvement Plan .............................2F RoadMillage ...................................................................................................... 3G EnterpriseFunds ................................................................................................ 3H Enterprise Fund Transfer Payment .....................................................................3 I Interfund Administrative Charge .......................................................................... 3J Interfund Other Service Charge ..........................................................................4K CRA Contribution to General Fund ..................................................................... 4L SpecialEvents Fee ............................................................................................ 4M Accounting Procedures ...................................................................................... 5N Review of Rate Schedules ................................................................................. 50 Review of Annual Audit .......................................................................................5P InvestmentPolicy ............................................................................................... 5Q Debt Management Policy ................................................................................. 11 R Central Insurance Reserve Policy .....................................................................16S Clearwater Gas System Gas Supply Hedging Policy ........................................16T CityCouncil ...................................................................................... Pages 18-21 Resolutions.......................................................................................................18A Proclamations...................................................................................................18B Representation on Boards ............................................................................... 18C Citizen Inquiries-Responses ............................................................................ 18D Departing Councilmembers' Gifts .....................................................................19E TraveI . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .19 F FundRaiser ..................................................................................................... 19G StaffProjects ................................................................................................... 19H AnnualEvents ....................................................................................................191 Televising Council Meetings ............................................................................. 20J Information Available to Public and Press .........................................................20K Distribution of Council Mail ...............................................................................20L Item # 18 ii Proposed Policies for 10-04-2012 meeting Attachment number 1 \nPage 3 Table of Contents (contd) StrategicPlanning ............................................................................................ 21 M CityEmployees ....................................................................................... Page 22 Participating in Auctions ....................................................................................22A Reimbursement of certain meal event ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... .....22B General Administration ................................................................... Pages 23-26 Application Fee Waivers ...................................................................................23A Sparkling Clearwater .........................................................................................23B FireLanes ........................................................................................................ 23C CopyrightFees ................................................................................................. 24D Ren ewa I . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 E Stationery.......................................................................................................... 24F WelcomeLetters .............................................................................................. 24G Citizens to be Heard Response ....................................................................... 24H Special Event Street Closure Limitation ...................................................241 Road Side Memorials ........................................................................ 24J City Sponsored Events ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ...26K Land Development ........................................................................... Pages 27-28 Annexation Agreements ....................................................................................27A Subdivision Monuments ....................................................................................27B Petitions for Annexation ................................................................................... 27C Easement — US 19 (Deleted by Council 8-21-03) ........................................... 27D Landscaping of City Roads ...............................................................................27E Parks & Recreation Card to Annexing Property ................................................27F Waiver/reduction of Liens ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... .. 28G Legal........................................................................................................ Page 29 CaseReports ....................................................................................................29A Leisure.............................................................................................. Pages 30-32 HolidayDecorations ..........................................................................................30A Library Donor Naming Recognition .........................................................30B Amplification of Sound at City Venues ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... 31 C 12 and 13 year Olds' Use of Recreation Center Fitness Rooms ... ... ... ... ... ... 31 D Item # 18 iii Proposed Policies for 10-04-2012 meeting Attachment number 1 \nPage 4 CITY COUNCIL POLICY �,..�� a �r ,� , BO ARD S � _,� � � A. Representative Balance. When making appointments to a board, the City Council will strive to assure the board has a balance of race, gender and geographical area of the City represented. B. Ad Hoc Committees. Members of boards may also serve on Ad Hoc committees or Task Forces. C. City Representatives on Non-City Boards. Citizens appointed by City Council to be the City's representatives on non-City Boards will serve no more than three consecutive terms. The representatives shall keep the Council informed of the activities of the boards. (Revised 08-05-2010) D. Non-Board Business Functions - Sunshine Law. In order to eliminate the possibility or appearance of violation of the Sunshine Law, all boards and committees appointed by the City Council are requested not to schedule luncheons or other non-board business functions. E. Special Request. Requests for special reports on projects will require Council or City Manager's approval prior to staff commencing efforts in this regard. F. Input to Other Boards/Committees. Upon majority approval, a board may advise other boards or agencies regarding its position on issues but may not represent that position as City policy. G. Letterhead. Advisory Board letterhead may be used and staff assists when correspondence is written on behalf of the entire board. Letterhead will not be used by individual members expressing individual opinions and concerns. H. Campaign Material during Meetings. During City Council and board meetings, board members will not display material supporting or opposing candidates or issues on any election ballot. Input from Advisory Boards. Staff will assure that input from advisory boards regarding issues coming before the City Council is noted in the City Council's agenda items. J. City Representatives on Non-City Boards (Deleted 08-21-03) K. Advisory Board Appreciation. Each recipient of an invitation to the Annual Advisory Board Appreciation event may bring one guest. Members should attend at least one meeting prior to being invited to the annual event. (Revised 08-05-2010) Item # 18 Proposed Policies for 10-04-2012 meeting CITY COUNCIL POLICY BUDGET andFINANCE Attachment number 1 \nPage 5 �,q�'- 4'� ` �q .��" �; �,` �� � ��� �; ,�� A. Balanced Budget. It is a policy of the City Council to adopt a balanced budget for all funds. The City will avoid budget and accounting practices that balance the budget at the expense of future budgets. The City will also avoid budgeting any unrealized investment gains due to the City's practice of holding investments until maturity. B. Maintenance of Capital Plant and Equipment. It is a policy of the City Council that the City's budget will provide adequate funding for maintenance of capital plant and equipment and the funding for their orderly replacement. C. Budget Review Process. It is a policy of the City Council to be provided with a quarterly budget report and an annual operatinq budqet comparing actual versus budgeted revenue and expense activity. D. Budgetary Position Control. It is a policy of the City Council that the total number of permanent full-time and part-time positions (full-time equivalents) approved in the annual operating budget may not be exceeded without prior approval of the City Council. (Revised 08-05-2010) E. General Fund Unappropriated Retained Earnings. It is a policy of the City Council to maintain a General Fund reserve equal to 8% of the subsequent year's budgeted expenditures as a contingency fund to meet unanticipated financial needs. Should funds in excess of 8% be available in any fiscal year, these funds shall be identified as available, and may be appropriated by the Council for specific Capital Improvement Projects or other one-time needs. In addition, the City Council will maintain an additional General Fund reserve equal to '/% of the subsequent year's budgeted expenditures to fund unanticipated retirements of General Fund long-term employees during the given fiscal year. Any appropriations approved by the City Manager during the year, for this purpose, will be noted in the City Manager's quarterly budget report. F. Capital Improvement Budget and Capital Improvement Plan. It is a policy of the City Council to adopt a six-year Capital Improvement Plan and Budget which summarizes the project scope, estimated cost estimates by project, method of financing, and anticipated operating costs of each project. Item # 18 2 Proposed Policies for 10-04-2012 meeting Attachment number 1 \nPage 6 Budget and Finance (contd.) G. Road Millage. In order to maintain the City's sidewalks and streets (including curbs and bridges), a road millage will be designated as a part of the annual budget process. Priorities will be determined first on functional and safety considerations. Road Millage may be used for aesthetic repairs. H. Enterprise Funds. It is a policy of the City Council that all Enterprise Fund operations shall be self-supporting, and shall pay administrative and other appropriate service charges to General Fund Operations for support at a level determined by the City Council. Enterprise Fund Transfer Payment. It is a policy of the City Council that the specific enterprise operations designated by the City Council shall annually transfer to the General Fund an amount determined appropriate to be considered reimbursement in lieu of taxes. The current rate is 5.5% of prior year gross revenues. April 1989 policy adopted by councilmembers established this rate at 4.5% of prior-year gross revenues. This proportionate rate was adopted to accommodate growth, and replaced prior years' policy of a prescribed dollar contribution. Other than the exceptions noted below, the rate of 4.5% remained in effect until the City Council adopted the amended rate of 5.5% in September 2005. Upon adoption of the Gas Strategic Plan in fiscal year 1995/96, the Council agreed to replace the Gas Support contribution with a franchise fee from natural gas customer accounts payable to the General Fund. This, in combination with the Gas dividend, offered the General Fund the same level of support as fiscal year 1995/96. The Gas System Dividend will be a minimum of $1, 700, 000 plus a PILOT (Payment in Lieu of Taxes) fee of at /east $508, 720. Such PILOT fee will be paid by the Gas Franchise Fees to offset such PILOT payment. When the Gas System Net Income /ess Bond Interest Earnings exceeds $3.4 million for any fiscal year, the Gas Dividend payment for the next fiscal year will be one half of that amount. In September 2000, with the adoption of the 2001/02 Annual Operating Budget, the City Council expanded this policy, which had previously been imposed only on the utility enterprises, to include an annual payment in lieu of taxes from the Marine and Airpark Fund. In FY 2009 the Parking Fund began paying the PILOT. (Revised 08-05-2010) J. Interfund Administrative Charge. It is a policy of the City Council that an allocation shall be made annually distributing the costs for administrative support departments among all operating departments. This distribution shall be proportionately based on the operating Item # 18 3 Proposed Policies for 10-04-2012 meeting Attachment number 1 \nPage 7 Budget and Finance (cont.) department's annual budget, and shall not be charged to General Fund departments. Upon adoption of the Gas Strategic Plan in fiscal year 1995/96, the Council agreed to maintain the same charge for administrative support from the Gas Fund for fiscal year 1995/96 which will be increased annually by estimated the cost of salary increase index (fiscal year 2001/02 - 5%). Beginning in fiscal year 2001, the City Council approved an adjustment to the Gas Fund charge increasing the charge by $325, 000 over the computed amount to bring the Gas Fund more in line with the proportionate amount calculated in the same manner as the Other Enterprise Funds. (Revised 08-05-2010) K. Interfund Other Service Charges. It is a policy of the City Council that the cost of services provided to Enterprise Fund Departments by General Fund Departments shall be charged to, and paid by the Enterprise Fund. L. CRA Contribution to General Fund. It is the City's policy that services provided for administrative support to the Community Redevelopment Agency (CRA) by City employees shall be reimbursed to the General Fund. Such reimbursement shall be approximate actual costs incurred by the department, together with any associated costs. M. Special Event Fees. The Special Events Committee will review applications for use of City beaches, sidewalks, outdoor recreation open space and rights-of-way. Sponsoring organizations will be responsible for the costs of all City services needed in conjunction with the events unless they are City sponsored or co-sponsored events. The City Council may waive all or a portion of fees and related charges for City sponsored or co-sponsored events, including, but not limited to Fun 'N Sun, Jazz Holiday, July 4th, Turkey Trot, . and Martin Luther King Parade. There shall be an annual review of City sponsored/co-sponsored events during the budget process. An agenda item confirming co-sponsorship and waiver of fees for those to be submitted in the budget will be brought for City Council acceptance in March of each calendar year. All items accepted by the Council are then to be included in the appropriate department's budget. Only after the item is passed as part of the approved budget is the item considered to be funded. (Revised 08-05-2010.) In the event additional monies are requested beyond what is included in the approved budget, City Council approval will be needed before said additional funds are appropriated. Item # 18 4 Proposed Policies for 10-04-2012 meeting Attachment number 1 \nPage 8 Budget and Finance (contd.) N. Accounting Procedures. It is a policy of the City Council to establish and maintain a standard of accounting practices on a basis consistent with Generally Accepted Accounting Procedures (GAAP), and the Governmental Accounting Standards Board (GASB), and the standard practices of the Government Finance Officers Association of the United States and Canada (GFOA). The City will also comply with the rules of the Auditor General and the Uniform Accounting System as required by the State of Florida. O. Review of Rate Schedules. It is a policy of the City Council to review rate schedules of the City of Clearwater at a minimum of every 5 years. The purpose of the review will be to assure rates are set in a manner to be fair and equitable while covering the City's cost to provide the service. Unrestricted fund balances (working capital reserves) should be maintained at a level equivalent to at least three months' operation and maintenance expense. P. Review of Annual Audit. It is a policy of the City Council to have a Certified Public Accounting firm perform an annual audit on all of the City's funds. A work session will be held each year within 60 days of the release of the annual financial audit of the City. At that time, the overall financial condition of the City and its enterprise funds will be reviewed. Q. Investment Policy. (1) SCOPE This statement of investment policy and investments of the City's pooled cash, investment balances of the following funds: • General • Special Revenue • Debt Service • Capital Projects • Enterprise • Internal Service Funds • Fiduciary Funds guidelines applies to all which includes cash and The policies set forth do not apply to the non pooled cash investments of the Pension and Deferred Compensation Funds of the City of Clearwater, deposits for defeased debt, or assets under Bond Trust Indenture Agreements. (2) INVESTMENT OBJECTIVES A. Safety of principal is regarded as the highest priority in the handling of investments for the City. All other investment objectives are secondary Item # 18 5 Proposed Policies for 10-04-2012 meeting Attachment number 1 \nPage 9 Budget and Finance (contd.) to the safety of capital. Each investment transaction shall seek to first ensure that capital losses are avoided. B. The City's investment strategy will provide sufficient liquidity to meet the City's operating, payroll and capital requirements. To accomplish this the portfolio will be "laddered" with monthly maturities except for those months in which significant Ad Valorem taxes are received. To the extent possible, the City will match its investments with anticipated cash flow requirements. Unless matched to a specific cash flow requirement, the City will not directly invest in securities maturing more than 15 years from the date of purchase. Also, unless specifically matched against a debt or obligation not more than 15% of the portfolio will have a maturity greater than 10 years. C. The City's investment portfolio shall be designed with the objective of attaining a market rate of return throughout budgetary and economic cycles, taking into account the City's investment risk constraints and the cash flow characteristics of the portfolio. (3) PERFORMANCE MEASUREMENT The benchmark yield for the operating portfolio will be the weighted average yield determined by using the following maturity distribution and the related U.S. Treasury yields. Treasury yields are considered the benchmark for riskless investment transactions and, therefore comprise a minimum standard for the operating portfolio's rate of return. The investment program shall seek to augment returns above this threshold, consistent with risk limitations identified herein. Average Treasury Rates Percentage Distribution Overnight rate 3 month Treasury Bill rate 6 month Treasury Bill rate 1 year Treasury Bill rate 3 year Treasury Note rate 5 year Treasury Note rate 10 year Treasury Note rate Total Weighted average maturity of benchmark 2.46 years 15% 15% 15% 15% 15% 15% 10% 100% Item # 18 Proposed Policies for 10-04-2012 meeting Attachment number 1 \nPage 1i Budget and Finance (contd.) (4) PRUDENCE AND ETHICAL STANDARDS The standard of prudence to be applied by the investment officer shall be the "Prudent Person" rule, which states: "Investments shall be made with judgment and care, under circumstances then prevailing, which persons of prudence, discretion and intelligence exercise in the management of their own affairs, not for speculation, but for investment, considering the probable safety of their capital as well as the probable income derived." The "Prudent Person" rule shall be applied in the context of managing the overall portfolio. (5) AUTHORIZED INVESTMENTS 1. The City shall limit investments, as authorized in Florida Statutes to: a. Direct Federal Government obligations. Investments in this category would include but not be limited to the following: United States Treasury Bills, Notes and Bonds, and securities issued by the Small Business Administration, Government National Mortgage Association (Ginnie Mae), Veterans Administration, and Federal Housing Administration. b. Federal Agencies and instrumentalities. Investments in this category would include but not be limited to the following: obligations of the Federal Home Loan Banks System (FHLB) or its distinct banks, Financing Corporation (FICO), the Federal Farm Credit Bank, Federal National Mortgage Association (Fannie Mae), Federal Home Loan Mortgage Corporation (Freddie Mac), Student Loan Marketing Association (Sallie Mae), Financial Assistance Corporation and Federal Agriculture Mortgage Corporation (Farmer Mac). c. U.S. Securities and Exchange Council registered money market funds with the highest credit quality rating from a nationally recognized rating agency. d. Interest-bearing time deposits or savings accounts, in a qualified Public Depository as defined in s. 280.02 Florida Statutes. e. Debt issued by the State of Florida or any political subdivision thereof including pools. f. Securities of, or other interests in, any open-end or closed-end management-type investment company or investment trust registered under the Investment Company Act of 1940, 15 U.S.C. ss. 80a-1 et seq., as amended from time to time, provided that the portfolio of such investment company or investment trust is limited to obligations of the United States Government or any agency or Item # 18 7 Proposed Policies for 10-04-2012 meeting Attachment number 1 \nPage 1 Budget and Finance (contd.) instrumentality thereof and to repurchase agreements fully collateralized by such United States Government obligations, and provided that such investment company or investment trust takes delivery of such collateral either directly or through an authorized custodian. g. Repurchase Agreements and reverse repurchase agreements collateralized by securities otherwise authorized in this policy. h. The Local Government Surplus Funds Trust Fund or any intergovernmental investing pool authorized pursuant to the Florida Interlocal Cooperation Act as provided in s. 163.01 Florida Statutes. i. Commercial paper of prime quality of the highest letter and numerical rating as provided for by at least one nationally recognized rating service. (6) Maturity and Liquidity Requirements A. The City will maintain a forecast of expected cash outflows and inflows by major categories. For months that the outflows exceed inflows the City will have investments maturing that month in excess of the forecasted deficits. B. The City's intention is to keep the weighted average maturity to three years or less. Due to market conditions and cash needs the average maturity may temporarily be greater than three years but no greater than five years. (7) Portfolio Composition, Risk and Diversification Assets held shall be diversified to control risk of loss resulting from over- concentration of assets in a specific maturity, issuer, instrument, or dealer/broker, through which these instruments are bought and sold. The following maximum limits apply to the portfolio: Maturity date Specific issuer Commercial paper 10% Specific instrument 8% 40% Specific dealer/broker 33% 25% CMOs and REMIC 33% Item # 18 8 Proposed Policies for 10-04-2012 meeting Budget and Finance (contd.) Diversification reviewed and Comm ittee. Attachment number 1 \nPage 1; strategies within the established guidelines shall be revised periodically as necessary by the Investment (8) Authorized Investment Institutions and Dealers A. Banks - Certificates of deposit purchased under the authority of this policy will be purchased only from Qualified Public Depositories of the State of Florida as identified by the State Treasurer, in accordance with Chapter 280 of the State Statutes. B. Broker/Dealer Approvals and Limitations - Time, practicality, and general business constraints limit the number of investment relationships which can be managed on a regular basis. In most cases, normal investment activity will be limited to no more than ten dealer relationships. A broker/dealer list will be established by the Finance Director or designee. This list will be presented to the Investment Committee for approval. This list will be updated as needed and approved by the Investment Committee. (9) Third-Party Custodial Agreements All securities shall be held by a third party safekeeping company. All purchases by the City under this policy shall be purchased using the "delivery versus payment" procedure. For all purchases and sales of securities the third party custodial will require the approval of two individuals authorized by the Finance Director. (10) Master Repurchase Agreement All approved institutions and dealers transacting repurchase agreements shall be covered by a Master Repurchase Agreement. All repurchase agreement transactions shall adhere to the requirements of the Master Repurchase Agreement. (11) Bid Requirements After the Finance Director or designee has determined the appropriate maturity based on cash flow needs and market conditions and has selected one or more optimal type of investment, the security in question shall, when feasible and appropriate, be competitively bid. Competitive bids or offerings shall be received from at least three dealers/brokers on all sales or purchases except in situations where: Item # 18 9 Proposed Policies for 10-04-2012 meeting Attachment number 1 \nPage 1; Budget and Finance (contd.) A. The security involved is a`new issue' and can be purchased `at the auction'. B. The security has a fixed "postal-scale" rate. C. The security involved is available through direct issue or private placement. D. The security involved is of particular special interest to the City and dealer competition could have an adverse impact with respect to the price and availability to the City. It is also realized that in certain very limited cases the City will not be able to get three quotes on a certain security. For those cases the City will obtain current market prices from one of the following to determine if the transaction is in the City's best interest: 1. Bloomberg Information Delivery System. 2. Wall Street Journal or a comparable nationally recognized financial publication providing daily market pricing. 3. Daily market pricing provided by the City's Custody Agent or their corresponding institution. (12) Internal Controls The Finance Director shall establish and monitor internal and procedural controls designed to protect the City's assets and ensure proper accounting and reporting of the transactions related thereto. The internal controls will be designed to prevent losses of funds which might arise from fraud, employee error, misrepresentations by third parties, or imprudent actions by employees of the City. All buy and sell communications with the third party safekeeping company will be signed by two individuals authorized to make investment decisions. The internal controls developed under this policy shall be reviewed by the independent auditors as a regular part of their audit of the City. The Finance Director shall establish an Investment Committee that meets on a regular basis for the purpose of reviewing investment transactions, approving brokers/dealer changes and other investment activities. The Investment Committee members will be the Finance Director, Assistant Finance Director, Cash & Investment Manager and any other City staff inembers appointed by the Finance Director. (13) Reporting The Finance Director or designee shall report on at least an annual basis the following information on the City's investments: A. Securities by class/type. B. Book Value C. Market Value D. Income Earned Item # 18 10 Proposed Policies for 10-04-2012 meeting Attachment number 1 \nPage 1� Budget and Finance (contd.) (14) Continuing Education The members of the Investment Committee will complete no less than 8 hours of continuing educational opportunities on investment practices each fiscal year. The members of the Investment Committee will have sufficient knowledge and education to invest in any and all of the securities listed above. R. Debt Management Policy This policy is to establish criterion and procedures for the issuance of debt financing by the City. This Debt Policy confirms the commitment of the City Council, management, staff, advisors and other decision makers to adhere to sound financial management practices, including full and timely repayment of all borrowings, and achieving the lowest possible cost of capital within prudent risk parameters. The City shall employ the use of debt to compliment the significant recurring commitments of annual appropriations for capital purposes in a way that is fair, reasonable, and equitable to each generation of taxpayers, ratepayers, users and other beneficiaries. 1. Genera/: A. The City shall seek to maintain their high bond ratings so borrowing costs are minimized and access to credit is preserved. B. The City may utilize debt obligations to refinance current debt or for acquisition, construction or remodeling of capital Improvement projects that cannot be funded from current revenue sources or in such cases wherein it is more equitable to the users of the project to finance the project over its useful life. C. The useful life of the asset or project generally must exceed the payout schedule of any debt the City assumes. D. The City will analyze funding alternatives to minimize the cost impact of debt structures on the taxpayers or ratepayers. E. The outstanding debt will be reexamined periodically to determine whether an economical advantage exits for refinancing the outstanding debt given changes in the interest rate and bond market. As a general rule, the present value savings of a particular refunding should exceed 5% while maintaining a similar maturity schedule to the original debt. 2. Type and Structure of Debt: A. Any legally allowable debt may be used for financing capital improvements; this includes, but is not limited to, short-term and long- term debt, general obligation and revenue debt, fixed and variable rate debt, lease-backed debt, conduit issues, and taxable debt. The use of zero coupon bonds, capital appreciation bonds, deep discount bonds, and premium bonds may be considered. Item # 18 11 Proposed Policies for 10-04-2012 meeting Attachment number 1 \nPage 1; Budget and Finance (contd.) B. The City may consider the use of credit enhancements (letters of credit, bond insurance, surety bonds, etc) when such credit enhancements proves cost-effective. Budget and Finance (contd.) C. When fiscally advisable and when consistent with contractual obligations, the City shall lease purchase capital equipment. Generally, equipment will have a monetary value $25,000 or more and a minimum life expectancy of three years. The debt service on the lease purchase items shall be paid by the user department. 3. /ssuance of Obligations A. Selecting Service Providers: 1) The City may retain an independent financial advisor for advice on debt structuring, the rating review process, marketing debt issuances, sale and post-sale services and to prepare and/or review the official statement. 2) The City may also retain independent bond counsel and disclosure counsel for legal and procedural advice on all debt issuances. 3) As necessary, the City may retain other service advisors, such as trustees, underwriters, and pricing advisors. 4) Any process utilized to select professional service providers in connection with the City's debt program shall be in conformance with City purchasing policies, procedures and requirements. The objectives of the process will be to: a) Promote competition b) Be as objective as possible c) Incorporate clear and rational selection criteria d) Be independent of political influence e) Be perceived as fair by the respondents f) Result in a cost-effective transaction g) Result in the selection of the most qualified firm h) Eliminate conflict of interest B. Method of Sale 1) Competitive Sale. The City will generally seek to issue its bond obligations in a competitive sale. Other methods may be used if it is determined that such a sale method will not produce the best results for the City. 2) Negotiated Sale. The City may elect to sell its bond obligations through a negotiated sale. This method will usually be considered when the bond issue is refunding a prior issue or there is a unique or unusual component to the bond issue. 3) Private Placement. When determined appropriate, the City may elect to sell its debt obligations through a private placement or limited public offering. Item # 18 12 Proposed Policies for 10-04-2012 meeting Attachment number 1 \nPage 1i Budget and Finance (contd.) C. Maturity of the debt 1) Bonds will generally not have more than a thirty-year duration. 2) Lease Purchase debt will generally not have more than a five- year duration. (Revised 06/19/03) 4. Post-Issuance Compliance A. In order to comply with federal tax laws and maintain the tax- exempt status of certain municipal debt issues, Post-Issuance Compliance monitorinq is required at reqular intervals as follows: 1) Identification of debt-financed facilities and onqoinq tax reauirements - at time of issue. includina a review of tax certificate executed at closinq 2) Qualified use of bond proceeds — onqoinq 3) Qualified use of facilities financed with debt proceeds - onqoinq by monitorinq discussions at staff ineetinqs 4) Arbitraqe yield restriction and rebate — annually as soon as bank statements containina the last dav of the bond vear are available 5) Maintenance of bona fide debt service fund — recalculate sinkinq fund deposit requirements semi-annually after each interest payment date 6) Continuinq Disclosure documents other than Siqnificant Events and Notices to Bondholders — annually by due dates throuqh EMMA Dataport 7) Siqnificant Events — upon occurrence throuqh EMMA Dataport 8) Notices to Bondholders — upon occurrence of an event reauirinq notice B. Procedures for Ensurina Timelv Comaliance 1) The Finance Director (or desiqnee) will review proiect invoices presented for payment from bond proceeds and authorize payment if use of proceeds is proper. 2) The Finance Director (or desiqnee) will participate in staff meetinqs where discussions are held reqardinq use of debt-financed facilities. 3) The Finance Director (or desiqnee) will calendar all bond year-ends and coordinate transmission of bank statements and other arbitraqe-related documents with the outside arbitraqe consultant within one month of the bond year- end. Item # 18 13 Proposed Policies for 10-04-2012 meeting Attachment number 1 \nPage 1 Budget and Finance (contd.) 4) The Finance Director (or desiqnee) will re-calculate monthly sinkinq fund deposit requirements semi-annually after each interest payment, and annually after each principal payment. 5) The Finance Director (or desiqnee) will consult with the City's Disclosure Counsel, as needed, reqardinq disclosure of Siqnificant Events. C. Procedures Reasonably Expected to Timely Identify Noncompliance 1) The Finance Director (or desiqnee) will review the Continuinq Disclosure Checklist for upcominq due dates at the beqinninq of each calendar quarter. 2) The Finance Director (or desiqnee) will send required continuinq disclosure documents to the City's Disclosure Counsel for review and approval before filinq throuqh the EMMA Dataport. 3) Continuinq disclosure due dates will be calendared by the Finance Director and by the desiqnee, as a backup reminder. 4) The annual financial statement audit will include review by external auditors of use of debt proceeds, debt service accounts and payments, and review of minutes of official meetinqs. D. Procedures for Ensurinq Timely Correction of Noncompliance 1) When noncompliance has been identified, the Finance Director will promptly provide required documents or consult with Disclosure Counsel, Bond Counsel or other outside specialists as needed. If a possible violation of the tax rules is identified, the Finance Director will consult with counsel to determine if a"remedial action" should be taken under the Treasury Requlations or if a closinq aqreement request should be submitted to the Internal Revenue Service under the Voluntary Closinq Aqreement Proqram. The City Manaqer and Council will be notified to take additional steps, if necessary, to timely correct the noncompliance. 2) Upon receipt of any correspondence from, or openinq of an examination of any type with respect to tax-exempt debt issued for the benefit of the City, the Finance Director will promptly notify the City Manaqer and consult with outside counsel as necessary to respond to the IRS. Item # 18 14 Proposed Policies for 10-04-2012 meeting Attachment number 1 \nPage 1� Budget and Finance (contd.) E. Recordkeepinq Requirement and Records Retention All relevant records and contracts shall be maintained in retrievable paper or electronic format for the term of the debt plus a minimum of three years. The term of the debt shall include the term of all debt which refunds the oriqinal new money issue, includinq debt issued to refund debt in a series of refundinqs. Records required to be maintained include: 1) Basic records relatinq to the debt transaction, includinq the debt transcript of proceedinqs and other relevant documents delivered to the City in connection with the issuance and closina of the debt transaction. 2) Documents evidencinq expenditure of debt proceeds, includina but not limited to: � Construction contracts � Purchase orders � Invoices and applications for payment � Trustee requisitions and payment records � Documents related to costs reimbursed with debt proceeds, includinq related issuer resolutions � Records identifyinq the assets or portion of assets financed or refinanced with the debt proceeds g� A final schedule of property financed by the debt and final allocation of debt proceeds. 3) Documentation evidencinq the use of debt-financed property, includinq records of lease or sale of debt- financed property for public or private purposes, and any chanqe in use of debt-financed property from its oriqinal intended purpose. 4) Documentation evidencinq all sources of payment or securitv for the debt. 5) Documentation pertaininq to investment of debt proceeds, includina but not limited to: � Purchase and sale of securities � SLGs subscriptions � Yield calculations for each class of investments � Actual income received from the investment of proceeds � Investment aqreements � Trustee statement g� Arbitraqe rebate calculations and reports. Item # 18 15 Proposed Policies for 10-04-2012 meeting Attachment number 1 \nPage 1! Budget and Finance (contd.) S. Central Insurance Reserve Policy It is a policy of the City Council to maintain a Central Insurance Fund reserve to guard against unforeseen or uninsured costs or increases in property, workers' compensation, health or liability insurance. The target minimum balance for this reserve is equal to 75% of the actuarially calculated self-insurance reserve liability. If reserves are drawn down below the above target minimum balance, the City will develop a plan to replenish the reserves, generally within five (5) years. (Revised 09-20-2007) T. Clearwater Gas System Supply Hedging Policy It is a policy of the City Council to limit the financial risk to Clearwater Gas System (CGS) of natural gas purchases by Hedging a portion of its gas supply needs with the intention of reducing price volatility for the residential, commercial, and industrial customers of CGS. Hedging amounts for a specified period of time will NOT exceed the expected average natural gas energy usage over that time period. The City Representative shall issue a Directive to Florida Gas Utility (FGU) in the event that CGS would like FGU to take any action with respect to a Financial Product on its behalf. The General Manager of FGU shall not be authorized to enter into a Financial Product on a system- wide basis for CGS without a Directive from the City Representative. Financial Products shall be purchased or otherwise acquired for the purpose of risk management and, to the extent possible, shall be entered into in such a manner as to meet applicable accounting standards as a "hedge" for accounting purposes; provided that the failure to obtain any particular accounting treatment with respect to a Financial Product shall not form a basis for challenging or otherwise calling into question the legality and enforceability of a Financial Product entered into pursuant to a Directive. CGS shall not engage in any purchase or acquisition of Financial Products for Speculation. In the event if any inconsistency between the terms of this Policy and any existing agreement between FGU and CGS, including, without limitation, the All Requirements Gas Services Agreement, dated as of February 15, 2002 and as amended from time to time, between FGU and CGS and entered into pursuant to Resolution No. 02-02 the City of Clearwater, Florida, the terms of such agreement shall prevail. In above policy, these terms are defined as: 1. City Representative — A representative of the City of Clearwater, Florida, who can authorize a Directive with respect to Financial Products, which term shall include, without limitation, any person designated as a"member representative" or "project participant representative" under an agreement between FGU and the City of Clearwater, Florida. Item # 18 16 Proposed Policies for 10-04-2012 meeting Attachment number 1 \nPage 2i Budget and Finance (contd.) 2. Directive — An instrument, in writing, executed and delivered by a City Representative that gives directions to FGU, or otherwise authorizes actions by FGU, with respect to Financial Products and the related Financial Instruments. 3. Financial Instruments — One or more agreements entered into with respect to Financial Products by and among the parties thereto, which may include FGU, CGS, or both, or any other third party or counterparty thereto, and such term shall expressly include, without limitation, any assignment or termination agreement related to Financial Products by FGU, CGS, or both. 4. Financial Products — Swaps, options, caps, collars, floors, forwards, futures contracts, and any other Hedging transactions, and any combination of the foregoing, whether executed "over-the-counter" pursuant to private agreement of "exchange-traded" on one or more regulated contract markets. 5. Hedge — To minimize or protect against loss by counterbalancing one transaction against another or otherwise mitigating economic risk. The term "Hedging" shall be construed accordingly. 6. Speculation — Using Financial Products in a manner not reasonably expected to reduce the risk associated with CGS business activities. (Adopted 12-0 2-2004) Item # 18 17 Proposed Policies for 10-04-2012 meeting CITY COUNCIL POLICY CII'Y COUNCIL Attachment number 1 \nPage 2 ,� �d�� �� �� �d �F��� <, �. ,° �� ��.�, � J�+ ��r A. Resolutions. An individual Councilmember may request a resolution. However, prior to preparation of the resolution, there must be a majority of the Councilmembers agreeing to do so. B. Proclamations. The City of Clearwater will consider issuing proclamations from all segments of the community without regard to gender, race, ethnicity or handicap. Proclamations will not be issued to individuals, companies, "for profit" organizations, profit making agencies, political organizations or religious organizations. C. Representation on Boards. Councilmembers are asked to serve on various regional and governmental boards. Boards/Committees may be added or deleted from time to time. These duties should be distributed equitably among the Councilmembers. Appointment of Council members to these boards shall be evaluated annually in April. Whenever possible, a Council representative on a board or committee will receive Council input prior to taking a position regarding issues coming before that board. The representing Councilmember shall vote in accordance with the stated position of the majority of the Council. If it is not possible to obtain Council input the Councilmember is to act to the best of their ability in the city's interest and with prior Council positions in mind. Periodic review of the actions of these boards and committees is desirable and the representing Councilmember should coordinate these reports. D. Citizen Inquiries - Responses. 1. Generally responses should be in the same form as received, i.e. letter with letter. However, when deemed to be more appropriate a different form may be used. 2. Inquiries addressed to a specific Councilmember will be responded to by that Councilmember. 3. Inquiries addressed to the whole Council, whether in one letter or duplicate letters to all Council members, will be answered factually by the Mayor �"��+h on in�rnrli in�nr�i r�hroco nf ��(ln hoholf nf �ho �/�:�.��p/�t� z� � vv c� c �."usinq lanquaqe that he or she is representinq the Clearwater City Council. When needed, responses will be brought to Council for direction, prior to being sent. Mail will be routed to the appropriate staff to draft a response. Individual Councilmembers are not precluded from responding individually to express their opinion. Item # 18 18 Proposed Policies for 10-04-2012 meeting Attachment number 1 \nPage 2; City Council (Cont.) 4. Inquiries received which are not specifically addressed to the Council or its members will be answered by the City Manager or designated staff inember. 5. Inquiries and responses will be distributed, via e-mail, to all Councilmembers 6. Form letters or emails may be acknowledged but will not require a custom ized response. (Revised 08-05-2010) E. Departing Councilmembers' Gifts. Departing gifts shall be chosen in consultation with the outgoing members. The value of the gifts shall be a maximum of $300 for one full term, $500 for two full terms and $600 for more than two full terms. One full term. Plaque, nameplate, letter, pewter tray with seal, Council pictures. Two full terms. Plaque, nameplate, letter, City watch, Council pictures. (Revised 08-05-2010) Three of more full terms. Plaque, nameplate, ring, collage or album, tray with seal, letter, gag gift, caricature. F. Council Travel. Payment for travel expenses shall be in keeping with the charter and the City's travel code. Specific amounts of the Council's travel budget shall be allocated to each Council member during annual budget preparations. At the end of each fiscal year Council members shall provide a report detailing that year's travel. Council approval shall be obtained prior to any member exceeding their annual allocation for travel. (Revised by Council 8-21-03) G. Fund Raisers. It shall be at the discretion of individual Councilmembers whether or not to accept invitations to fund raising activities. Expenses incurred by acceptance are not reimbursable. City employees will not attend these functions as City representatives. H. Staff Projects. A Councilmember shall request staff research or projects only through the City Manager or City Attorney in accordance with the City charter. Any request that, in the determination of the City Manager or City Attorney, will take longer than 8 hours must be approved by a majority of the Council. The results of such research or projects, except for legal advice to an individual, will be shared with all council members. Annual Events. Newly elected Councilmembers shall be invited to the annual Phillies dinner and advisory board appreciation event. (Revised 08- 05-2010) Item # 18 19 Proposed Policies for 10-04-2012 meeting Attachment number 1 \nPage 2: City Council (Cont.) J. Televising Council Meetings. All regular City Council meetings and work sessions will be televised on C-View. Efforts will be made to also televise specially scheduled meetings and work sessions. However, there will be times when this is not possible, or practical. No closed door attorney/client or bargaining sessions will be televised K. Information Available to Public and Press. All material prepared by the City Manager and City Attorney for the Council shall be provided to the press and to the public via the Official Records and Legislative Services Department. (Revised 08-21-03) L. Distribution of Council Correspondence. All correspondence to the Mayor and the Councilmembers arriving at City Hall received pursuant to the law or in connection with the transaction of official business by the City of Clearwater shall be distributed as follows: When needed, e-mails will be forwarded to all Councilmembers by the Council Assistant. Councilmembers will receive the original of hard copy items individually addressed to them, whether anonymous or not. Council e-mails and other correspondence will be available on the City's website through the electronic document management system. Mail will be delivered to the Council at least once per week. Other anonymous letters and suggestions will not be distributed but will be maintained in the City Manager's Office. Publications and items of considerable length (such as petitions and agenda materials for other boards) will not be distributed. These items, along with other routine correspondence not requiring responses will be noted on a weekly read file and available through the electronic document management system. Unless otherwise directed, correspondence with the words similar to "Personal", "Confidential", or "For the Addressee Only" will be delivered unopened to the addressee. If such correspondence is determined to be related to City business, the receiving Councilmember is to forward to the Council Assistant for distribution. The City Manager will discuss with the Mayor malicious mail. All e-mails received by the Councilmembers in their individual city email account will be forwarded to the Council Assistant for distribution, or email forwarding, in the same manner as other "hard copy" mail. The following emails will not be forwarded: SPAM/JUNK, broadcast general information or solicitation or items pertaining to scheduling. Item # 18 20 Proposed Policies for 10-04-2012 meeting Attachment number 1 \nPage 2� Emails or "hard copy" mail relating to city business, sent directly to a councilmember's home or private business, or hand delivered, shall also be forwarded to the Council Assistant for distribution. (Revised 08-05-2010) M. Strategic Planning. Each year the City Council shall meet in a strategic planning session(s). The meeting(s) will review the five-year financial forecast and update as necessary, the City's Mission, Values and Vision Statements. From these documents a five-year strategic plan will be developed. The five-year strategic plan will become the basis for the annual City Manager and City Attorney Objectives, and the City's annual budget process for the next fiscal year. Item # 18 21 Proposed Policies for 10-04-2012 meeting CITY COUNCIL POLICY CII'Y EMPLOYEES Attachment number 1 \nPage 2: � ����� i�� ,�z �. � .� �r:�.^n?�y. � �7°�7'/ �'t� � Y � li b 1�P A. Participating in Auctions. City employees and Councilmembers are prohibited from participating in City auctions involving the sale of property which has either been abandoned and confiscated, acquired with public funds or which has otherwise come into the possession of the City. They may attend as spectators but may not bid on or purchase items offered for sale. All actions that would lead to perceptions of participation, such as a family member bidding on items, should be avoided. It is the intent of this policy to avoid giving "insider" information or a profit motive to employees or their families in the disposal of surplus items. B. Reimbursement of certain meal events. The City Manager will determine when it is appropriate to reimburse city employees for meal costs associated with recognition, award and business related functions. Item # 18 22 Proposed Policies for 10-04-2012 meeting CITY COUNCIL POLICY G EN ERAL ADM IN I5`I'RATID N Attachment number 1 \nPage 2i � ����� i�� ,�z �. � .� �r:�.^n?�y. � �7°�7'/ �'t� � Y � li b 1�P A. Application Fee Waivers. Generally, building permit, occupational license, plan review and zoning-related application fees will not be waived except for City projects and other governmental agencies. If staff believes special conditions exist, such requests may be brought to the Council for consideration. Application fee waivers for governmental agencies will include all governmental projects including those in which the governmental agency is leasing property from a third party, providing the governmental agency is the entity which applies for and obtains the permit. PACT will be considered a governmental entity when considering application fee waivers. NOTE: The City Clerk's research regarding waiver of application fees shows the following: Chi Chi Rodriquez Youth Foundation - no waivers Center Foundation - waive building permit fees Pinellas County - waived building permit fees for work done by County forces; waive fees for variance application State of Florida - waive fees for variance applications Clearwater Ferry - waive building permit fees St. Petersburg � College - refunded building permit fee for parking lot None of the above includes waiving impact fees. B. Sparkling Clearwater. In order to maintain and enhance the image of Sparkling Clearwater, the Council supports staff in enhanced solid waste recycling and conservation projects, tightening and increasing enforcement of codes (i.e., fence landscaping, prohibition of banners, lot clearing, etc.). Staff is also directed to place a greater emphasis on and coordinate aesthetic consideration on site plans and other development review (i.e., placement of dumpsters, fencing of dumpsters, property landscaping and landscaping of parking lots including perimeter plantings). Litter cleanup and "adopt a street or park" programs are encouraged. Educational and incentive programs for both City staff and the public addressing this issue should be developed. C. Fire Lanes. Fire Department personnel will participate in the enforcement of parking violations pertaining to fire lanes and fire hydrants. Item # 18 23 Proposed Policies for 10-04-2012 meeting Attachment number 1 \nPage 2 General Administration (contd.) D. Copyright Fees. The City shall pay the necessary copyright fees to ASCAP for those concerts in the bandshell co-sponsored by the City. The City shall provide a monthly report to ASCAP regarding activities in the bandshell and ASCAP shall be responsible for collecting the fees from bands participating in non-City sponsored programs. In addition, the City shall pay the necessary copyright fees to BMI for showing movies at various recreation centers. E. Renewal. All renewals of agreements the City has with organizations or tenants should be presented to the Council at least sixty (60) days prior to the expiration of the original term. F. Stationery. The City shall have one form of stationery on which the City seal will be imprinted. Paper stock will be recyclable. Other forms in supply will be allowed to be used until said supply is depleted. Exception: The Gas Division may use its logo. (Revised 08-05-2010) G. Welcome Letters. Upon adoption of an Annexation Ordinance staff will prepare a letter for the Mayor's signature welcoming the property owner to Clearwater. H. Citizens to be Heard Response. When appropriatey responses will be sent to those addressing the Council under Citizens to be Heard regarding Items not on the Agenda. Special Event Street Closure Limitation. Street closures for special events shall be limited to two (2) per calendar year requested by any one non-profit or for-profit organization. The City of Clearwater shall be exempt from this limitation. The City shall comply with any Florida Department of Transportation policies regarding street closures of state roads. J. Roadside Memorial Marker Program. The purpose of this policy is to establish the guidelines for the placement of standardized roadside memorials for people that have died as a result of a motor vehicle, pedestrian or bicycle crash within City maintained right-of-way on segments of roadway in incorporated Clearwater. The City of Clearwater, Traffic Operations Division, is responsible for the implementation of the Roadside Memorial Marker Program. The policy will apply to fatalities occurring after January 1, 2005. The installation of a roadside memorial marker will be processed in accordance with the following: Item # 18 24 Proposed Policies for 10-04-2012 meeting Attachment number 1 \nPage 2� Requests for a memorial marker shall be submitted in writing to the Traffic Operations Division of Engineering by filling out a Memorial Marker Request Form. The form will be available online from the City's website or by calling the City. Requests may be made by immediate family members or friends. Requests from friends require written approval from the deceased's immediate family. Memorial markers will be designed, constructed and installed by the Clearwater Traffic Operations Division. The Traffic Operations Division will be responsible for designing the sign and ensuring proper and safe placement — the exact location will be at the discretion of the City. Memorial markers will not be allowed within the limits of active construction work zones. There shall be no activities while the memorial marker is in place that pose a safety hazard to the public or that violates any provision of Chapter 316 of the Florida Statutes concerning stopping, standing, parking, or obstruction of traffic on public roads. Memorial Markers will only be installed in residential areas where fatalities occurred with the written permission of the resident whose property is abutting the residential right of way where the memorial is to be placed. The requesting citizen will be notified once the installation is complete. Memorial markers will be allowed to remain in place for one year after installation unless earlier removal is necessitated by construction activities. After one year the sign will be removed by City forces. The memorial marker shall be a 15" diameter aluminum sign with a white background and black letters. The sign message will state `Drive Safely — In memory', and the family will have the option of adding the deceased's name to the sign. As an option, the City can offer an alternate safety message to the `Drive Safely' legend if desired by the family that would be specific to the type of crash, and as long as it will fit on the sign. Examples could be `Don't Drink and Drive', `Buckle Up', `Slow Down', etc. The sign will be mounted at a height of 3.5' (42") from the ground to the top of the sign. The applicant will incur the cost of design, construction, installation, maintenance, and removal of the memorial marker. This cost is $300.00. Upon request the sign becomes the property of the applicant. Item # 18 25 Proposed Policies for 10-04-2012 meeting Attachment number 1 \nPage 2! K. City Sponsored Events. Events sponsored by the City, such as Volunteer Recognition, Advisory Board Appreciation, etc., shall be held within the City limits of Clearwater, unless the cost for a venue outside the City limits is at least 20% less. Item # 18 26 Proposed Policies for 10-04-2012 meeting CITY COUNCIL POLICY LAND DEVELOPMENT Attachment number 1 \nPage 3i � ����� i�� ,�z �. � .� �r:�.^n?�y. � �7°�7'/ �'t� � Y � li b 1�P A. Annexation Agreements. The City Manager is authorized to approve routine annexation agreements involving one existing or proposed residences. Where a discrepancy exists regarding land use designations, right-of-way requirements, or any other circumstances, administrative approval is not authorized. A quarterly report of administrative approval is requested. B. Subdivision Monuments. New entranceway landscaping, monuments, signage, and walls shall not be allowed within the public rights-of-way of the City of Clearwater. Such special treatments are to be upon private property and in accordance with all applicable codes and regulations. The owners of all existing entranceway features occupying public property are to execute an agreement with the City of Clearwater wherein owners agree to keep all features in good repair, hold the City harmless for any liability arising from the use of the public right-of-way, and provide a $500,000 liability insurance policy. Upon failure of the owners to execute such agreement and provide the required insurance policy after forty-five days from written notice, or by tagging the structure when owners cannot be determined, or upon failure of the owners to repair or maintain any feature of the site which has fallen in disrepair after similar notice, the Public Works Department is to remove all such materials occupying the public right-of-way. C C A wooden sign with breakaway features approved by the City Engineer may be allowed within the public right-of-way when associated with a city approved "Adopt a(fill in name)" program, and is to be limited to a size necessary to name the sponsoring agency in 3-inch letters. Such sign to be a maximum height of 18-inches. Petitions for Annexation. Request to be made that all contiguous parcels under the same ownership be annexed simultaneously. Easement — U.S. 19 (Deleted 08-21-03) E. Landscaping of City Roads. When landscaping is a necessary and integral part of a City road or street improvement/construction project the landscape material shall be selected and located based on ease and frequency of required maintenance. All such material shall be drought resistant. (Revised 08-05-2010) F. Parks & Recreation Card to Annexing Property. Resident Parks & Recreation cards may be obtained by petitioners for annexation upon acceptance of the application. Item # 18 27 Proposed Policies for 10-04-2012 meeting Attachment number 1 \nPage 3 Land Development (Cont.) G. Waiver/reduction of liens. In order to encourage (re) development of properties for enhancement of property values and living conditions in the City, the following factors will be considered for requests for waivers/reductions of lot clearing, nuisance abatement, and/or unsafe structures/demolition liens. ♦ Whether the violation has been brought into compliance regarding the violation cited. ♦ Whether extreme or undue hardship is shown regarding payment of the lien and/or regarding coming into compliance with code requirements during the required time. ♦ Whether there are existing code violations on other properties owned by the violator or prospective purchaser. ♦ Whether there is a development or redevelopment proposal regarding the property which would result in improvement or upgrade of the property. ♦ Whether, given such a development or redevelopment plan, it would be impractical to take the compliance action directed by the City Council. ♦ Whether payment would hinder a proposed sale of the property. ♦ Whether an appraisal of the property, submitted by the applicant, demonstrates to the City that the cost of the lien has been absorbed. ♦ The amount of a lien will not be reduced below the amount representing administrative costs incurred by the city regarding the case. Item # 18 28 Proposed Policies for 10-04-2012 meeting Attachment number 1 \nPage 3; 1 � 1 R ������ `s� � �'; ,�' ;�'r � � } �� �;�` A. Case Reports. The city attorney shall furnish to the city council a quarterly report of pending litigation, identifying each case, opposing counsel, the nature of the case, and the status of the case as of the date of the report. In addition, the city attorney shall keep the city council and city manager advised from time to time as to significant developments in each case. Item # 18 29 Proposed Policies for 10-04-2012 meeting Attachment number 1 \nPage 3; 1 ' 1 � "�'���� 4�, � ,�, � - ���� :� �5. ��'" A. Holiday Decorations. Holiday decorations along the rights-of-way to be installed or paid for by the city will be limited to the Downtown Core, Memorial Causeway, South Gulfview to the southern point of Beach Walk, Mandalay south of Acacia and the business district on Sand Key. (Revised 08-05-2010) B. Library Donor Naming Recognition. The following guidelines govern donor recognition with regard to naming buildings, areas, rooms, collections, furnishings and equipment: 1. Library building names will have geographical or functional names only and will not be subject to availability for donor recognition. Clearwater Main Library and North Greenwood Branch meet the policy guidelines, but John Doe Main Library does not. 2. Naming of library internal functional areas, rooms, and major collections is the prerogative of the City Council. 3. Collections of materials, equipment or furnishings, which are accepted as gifts by the Library Director, and/or funded by individuals, corporations or foundations, may be recognized by a discrete engraved plaque mounted on or near the gift as appropriate, with the name of the donor displayed. For example "the John Doe collection of Illuminated Manuscripts" or "Computer Equipment for Research Provided and Maintained by the John Doe Corporation." 5. All signs and plaques printed with names of donors will be of similar appearance and will be consistent with the architectural design and interior decoration of the building. Item # 18 30 Proposed Policies for 10-04-2012 meeting Attachment number 1 \nPage 3� Leisure (Cont.) C. Amplification of Sound at City Venues. The following guidelines govern the amplification of sound at City co-sponsored and private events held at City venues for musical and entertainment productions. 1. Amplification of sound and in particular music for an event must end at a specific time set by the City Manager or his designee. In general that time will be no later than 10:00 p.m. Sunday through Thursday and no later than 11:00 p.m. on Friday and Saturday, but on certain rare occasions permitted to be held longer. 2. Amplification of sound including music will not exceed an average of 95 decibel or dB level measured at the house mix over a period of 30 seconds. 3. Amplification of sound during the event will be measured by a City employee or City contractor by using a sound-level meter which is an instrument that includes a microphone, amplifier, RMS detector, integrator or time average, output or display meter and the weighting networks used to measure sound pressure levels. 4. The City employee or City contractor will measure the sound levels for every group performing at the event. 5. In the event a promoter or sponsor violates this policy the City employee or City contractor will require that the sound levels be adjusted to meet the standard. If after the first warning the volumes are not adjusted to meet the policy the City employee or City contractor will personally adjust the sound level to bring in compliance. 6. If a promoter or sponsor continues to violate this policy then they will not be allowed to have concerts at City venues. D. Ages 12 - 13 supervised use of City recreation fitness facilities. The following guidelines govern the use of City recreation fitness facilities by users ages 12 and13. 1. This section shall apply to the use of fitness facilities for individuals who have achieved the age of 12 or 13 on the day of, or prior to, the day such individual requests such use. 2. Use of the fitness area by such person is governed by this Council policy and is limited to instances where such person is actively, directly supervised by the individual's parent, legal guardian or a designated responsible adult, in a one on one setting. Any other use of City recreation facilities by 12 and 13 year olds is strictly prohibited. 3. A parent under this policy is defined as either biological parent or legal guardian. 4. A responsible adult under this policy is defined as a person who has achieved the age of 21 on the day of or prior to the date of the use and is Item # 18 31 Proposed Policies for 10-04-2012 meeting Attachment number 1 \nPage 3; designated by the parent or legal guardian on the "Parental Consent and Waiver/Release of Liability" form. 5. An acceptable level of supervision under this policy is considered to be achieved when the parent, legal guardian or designated responsible adult is not engaged in any other activity (i.e. working out or in conversation with another user) during the performance and attendance of the designated youth participant. 6. This level of supervision is designed to ensure proper focus and attention to achieve safety standards and requirements, including proper technique, appropriate equipment selection and use. Further, the required supervision is designed to protect other users of the facilities. 7. City staff will monitor for compliance of this policy. 8. Both the parent, legal guardian or designated responsible adult and individual child, must have valid access to the fitness facility by paying the appropriate daily fee, or by securing the proper membership that allows use of the area. In addition, the parent or legal guardian must agree to and sign the "Parental Consent and Waiver/Release of Liability" form and identify the responsible adult(s) who may supervise the child. 9. Staff, in its sole discretion, shall retain the right to eject any party not complying with this policy. In addition, failure to adhere to this policy shall result in immediate, permanent termination of the youth participant's fitness facility use rights. Item # 18 32 Proposed Policies for 10-04-2012 meeting Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: Meeting Date:10/1/2012 Adopt Ordinance 8358-12 on second reading, removing the Designation as an Historic Property for the property located at 405 Cleveland Street, Capitol/Royalty Theatre, under Community Development Code Section 4-607. SUMMARY: Review Approval: 1) Clerk Cover Memo ��II�:�E%� Attachment number 1 \nPage 1 ORDINANCE NO. 8358-12 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, RELATING TO HISTORIC DESIGNATION; MAKING FINDINGS; REMOVING THE DESIGNATION AS A HISTORIC PROPERTY FOR THE PROPERTY LOCATED AT 405 CLEVELAND STREET, CAPITOL/ROYALTY THEATRE, UNDER COMMUNITY DEVELOPMENT CODE SECTION 4-607; PROVIDING AN EFFECTIVE DATE. WHEREAS, Section 4-607 of the City of Clearwater Community Development Code provides a procedure for historic designation of properties and districts within the City of Clearwater; and WHEREAS, Section 4-607 provides for application, review by City staff, recommendation by the Community Development Board and consideration by the City Council after public hearing, and provides that the same procedure shall apply in the event of application for removal of designation; and WHEREAS, Ordinance No. 8118-09 designated the property located at 405 Cleveland Street, Capitol/Royalty Theatre, a historic property under said Section, and an application has been filed and processed to remove the designation; now therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The City Council makes the following findings: 1. The expansion, renovation, and development of the Capitol Theatre premises will enhance the performing arts experience for the community, and the City's cooperation with Ruth Eckerd Hall and the renovation project will advance the Downtown District's economic development efforts, enhance tourism and arts education, and provide a clear sense of regional and national destination for the Cleveland Street District; 2. Expansion and renovation of the premises will require changes to the exterior farade of the premises and other changes which are inconsistent with the current historic designation; 3. For the above reasons, the property located at 405 Cleveland Street, known as the Capitol/Royalty Theatre, and further described as: The East '/ of Lot 7, plus West 30' and 3" of Lot 6, John R. Davey's Resub of Block B(per Plat Book H-1, Page 87, Public Records of Hillsborough County, Florida, of which Pinellas County was formerly a part), also known as Parcel No. 16-29-15-20358-002- 0070 [HIS2012-00001], no longer meets the criteria set forth in Community Development Code Section 4-607, and/or removal of the historic designation for the property is otherwise appropriate. Item # 19 Ordinance No. 8358-12 Attachment number 1 \nPage 2 Section 2. Based upon the above findings, the historic designation for the property located at 405 Cleveland Street, known as the Capitol/Royalty Theatre, within the City of Clearwater is hereby removed. Section 3. This ordinance shall take effect immediately upon adoption. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED George N. Cretekos Mayor Approved as to form: Attest: Leslie K. Dougall-Sides Rosemarie Call Assistant City Attorney City Clerk Item # 19 2 Ordinance No. 8358-12 Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: Meeting Date:10/1/2012 Adopt Ordinance 8359-12 on second reading, removing the Designation as an Historic Property for the property located at 401 Cleveland Street, Clearwater Evening Sun/Lokey Building, under Community Development Code Section 4-607. SUMMARY: Review Approval: 1) Clerk Cover Memo �[i�'ii�:3�•T1] Attachment number 1 \nPage 1 ORDINANCE NO. 8359-12 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, RELATING TO HISTORIC DESIGNATION; MAKING FINDINGS; REMOVING THE DESIGNATION AS A HISTORIC PROPERTY FOR THE PROPERTY LOCATED AT 401 CLEVELAND STREET, CLEARWATER EVENING SUN/LOKEY BUILDING UNDER COMMUNITY DEVELOPMENT CODE SECTION 4-607; PROVIDING AN EFFECTIVE DATE. WHEREAS, Section 4-607 of the City of Clearwater Community Development Code provides a procedure for historic designation of properties and districts within the City of Clearwater; and WHEREAS, Section 4-607 provides for application, review by City staff, recommendation by the Community Development Board and consideration by the City Council after public hearing, and provides that the same procedure shall apply in the event of application for removal of designation; and WHEREAS, Ordinance No. 8119-09 designated the property located at 401 Cleveland Street, Clearwater Evening Sun/Lokey Building, a historic property under said Section, and an application has been filed and processed to remove the designation; now therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The City Council makes the following findings: 1. The expansion, renovation, and development of the Capitol Theatre premises will enhance the performing arts experience for the community, and the City's cooperation with Ruth Eckerd Hall and the renovation project will advance the Downtown District's economic development efforts, enhance tourism and arts education, and provide a clear sense of regional and national destination for the Cleveland Street District; 2. Expansion and renovation of the premises will require changes to the exterior farade of the premises and other changes which are inconsistent with the current historic designation; 3. For the above reasons, the property located at 401 Cleveland Street, known as the Clearwater Evening Sun/Lokey Building, and further described as: West'/ of Lot 7, John R. Davey's Resub of Block B(per Plat Book H-1, Page 87, Public Records of Hillsborough County, Florida, of which Pinellas County was formerly a part);also known as Parcel No. 16-29-15-20358-002-0071 [HIS2012-00002], no longer meets the criteria set forth in Community Development Code Section 4-607 and/or removal of the historic designation for the property is otherwise appropriate. Item # 20 Ordinance No. 8359-12 Attachment number 1 \nPage 2 Section 2. Based upon the above findings, the historic designation for the property located at 401 Cleveland Street, known as the Clearwater Evening Sun/Lokey Building, within the City of Clearwater is hereby removed. Section 3. This ordinance shall take effect immediately upon adoption. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED George N. Cretekos Mayor Approved as to form: Attest: Leslie K. Dougall-Sides Rosemarie Call Assistant City Attorney City Clerk Item # 20 2 Ordinance No. 8359-12 Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: Meeting Date:10/1/2012 Adopt Ordinance 8360-12 on second reading, amending Division 7, Section 2.194, Code of Ordinances, decreasing the meeting frec�uency of the Library Advisory Board. SUMMARY: Review Approval: 1) Clerk Cover Memo ��11�:��) Attachment number 1 \nPage 1 ORDINANCE NO. 8360-12 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, RELATING TO THE LIBRARY ADVISORY BOARD; AMENDING CODE OF ORDINANCES, DIVISION 7, SECTION 2.194; DECREASING MEETING FREQUENCY, AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. Code of Ordinances, Division 7, Section 2.194 is hereby amended to read as follows: Sec. 2.194. Terms of office of inembers; meetings; officers; rules. (1) The members of the library board shall be appointed by the city commission to serve for terms of four years, staggered such that not more than three terms shall expire in any calendar year. A member shall serve not more than two consecutive complete terms. �2� The board shall meet rmrr�n�hhi frnm Cp�o�mh�or �hrni �nh �Ao�� onr! o� ci i�� � r,. � , n+hor +�moc oc +ho hnorr! mo�i finr! nonoccor�� quarterly. Special meetinqs may be called by the chair or staff liaison as necessary. (3) The board shall select a chair�a-a� and a secretary, and such other officers as the board may find necessary, from its membership. (4) The board may adopt such rules of procedure as the board finds necessary, which shall not be in conflict with state law or ordinances of the city. Section 2. This ordinance shall take effect immediately upon adoption. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED George N. Cretekos Mayor Item # 21 Ordinance No. 8360-12 Approved as to form: Attest: Leslie K. Dougall-Sides Rosemarie Call Assistant City Attorney City Clerk Attachment number 1 \nPage 2 Item # 21 Ordinance No. 8360-12 Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: Meeting Date:10/1/2012 Adopt Ordinance 8361-12 on second reading, amending the Operating Budget for the Fiscal Year ending September 30, 2012 to reflect increases and decreases in revenues and expenditures for the General Fund, Special Program Fund, Special Development Fund, Water and Sewer Fund, Solid Waste Fund, Recycling Fund, Gas Fund, Marine Fund, Airpark Fund, Harborview Fund, and Administrative Services Fund. SUMMARY: Review Approval: 1) Clerk Cover Memo ��11�:��� Attachment number 1 \nPage 1 ORDINANCE NO. 8361-12 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE OPERATING BUDGET FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 2012 TO REFLECT INCREASES AND DECREASES IN REVENUES AND EXPENDITURES FOR THE GENERAL FUND, SPECIAL PROGRAM FUND, SPECIAL DEVELOPMENT FUND, WATER AND SEWER FUND, SOLID WASTE FUND, RECYCLING FUND, GAS FUND, MARINE FUND, AIRPARK FUND, HARBORVIEW FUND, AND ADMINISTRATIVE SERVICES FUND, AS PROVIDED HEREIN; PROVIDING AN EFFECTIVE DAT E. WHEREAS, the budget for the fiscal year ending September 30, 2012, for operating purposes, including debt service, was adopted by Ordinance No. 8285-11; and WHEREAS, at the Third Quarter Review it was found that an increase of $7,054,849 is necessary for revenues and an increase of $2,886,065 is necessary for expenditures; and WHEREAS, a summary of the amended revenues and expenditures is attached hereto and marked Exhibit A; and WHEREAS, Section 2.519 of the Clearwater Code authorizes the City Council to provide for the expenditure of money for proper purposes not contained in the budget as originally adopted due to unforeseen circumstances or emergencies arising during the fiscal year; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. Section 1 of Ordinance No. 8285-11 is amended to read: Pursuant to the Amended City Manager's Annual Report and Estimate for the fiscal year beginning October 1, 2011 and ending September 30, 2012 a copy of which is on file with the City Clerk, the City Council hereby adopts an amended budget for the operation of the City, a copy of which is attached hereto as Exhibit A. Section 2. This ordinance shall take effect immediately upon adoption. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Approved as to form: George N. Cretekos, Mayor Attest: Pamela K. Akin, City Attorney Rosemarie Call, City Clerk I[�'ii�:3�•yl Ordinance No. 8361-12 Attachment number 2 \nPage 1 General Fund: Property Taxes Franchise Fees Utility Taxes Licenses, Permits & Fees Sales Tax Communications Services Tax Intergovernmental Revenues Charges for Current Services Fines & Forfeitures Interest Income Miscellaneous Interfund Charges / Transfers In Transfer from Surplus EXHIBIT A 2011-12 BUDGET REVENUE First Third Quarter Mid Year Quarter Original Amended Amended Amended Budget Budget Budget Budget 2011/12 2011/12 2011/12 2011/12 35,888,190 10,560,000 13,290,250 3,650,000 5,350,000 6,150,000 11,173,120 3,717,480 594, 000 895, 000 829, 590 17,013,440 35,888,190 10,560,000 13,290,250 3,650,000 5,350,000 6,150,000 11,173,120 3,717,480 594, 000 895, 000 829, 590 19,372,526 1,918,427 35,888,190 10,560,000 13,290,250 3,650,000 5,350,000 6,150,000 11,304,603 3,857,480 594, 000 895, 000 830, 890 19,402,130 3,140,043 36,095,160 9,670,000 12,835,250 3,895,000 5,680,000 5,990,000 13,601,514 3,948,980 1,002,500 595, 000 1,054,365 19,402,130 3,620,043 Total, General Fund 109,111,070 113,388,583 114,912,586 117,389,942 Special Revenue Funds: Special Development Fund Special Program Fund Utility & Other Enterprise Funds: Water & Sewer Fund Stormwater Utility Fund Solid Waste Fund Gas Fund Recycling Fund Airpark Fund Marine Fund Clearwater Harbor Marina Parking Fund Harborview Center Fund Internal Service Funds: Administrative Services Fund General Services Fund Garage Fund Central Insurance Fund 11,569,780 1,661,560 67,769,990 16,024,180 19,250,350 35,880,010 2,868,000 239, 000 4,693,980 409,200 4,594,400 61, 390 8,838,250 4,407,330 12,235,440 19,116,920 11,569,780 3,930,856 67,920,290 16,065,790 19,343,610 38,220,147 2,926,971 415,220 4,708,170 411, 780 4,629,893 61, 390 8,904,620 4,441,920 12,271,270 19,178,386 11,719,780 4,009,493 67,920,290 16,065,790 19,855,810 38,495,147 2,886,971 415,220 4,628,170 411, 780 4,719,893 96, 580 9,009,620 4,441,920 12,271,270 20,567,911 12,338,680 5,146,560 67,984,131 16,065,790 20,829,940 40,050,647 2,888,151 415,220 4,630,045 411, 780 4,719,893 136, 580 9,194,620 4,441,920 12,271,270 20,567,911 Total, All Funds 318,730,850 328,388,676 332,428,231 339,483,080 Ordiri��1#�3�'1212 Attachment number 2 \nPage 2 General Fund: City Council City Manager's Office City Attorney's Office City Auditor's Office Economic Development & Housing S Engineering Finance Fire Human Resources Library Marine & Aviation Non-Departmental Office of Management & Budget Official Records & Legislative Svcs Parks & Recreation Planning & Development Police Public Communications Public Services Allocation to Reserves EXHIBIT A (Continued) 2011-12 BUDGET EXPENDITURES Original Budget 2011/12 261, 050 1,190,800 1,514,610 190, 340 1,199,880 7,136,150 2,130,100 22,041,120 1,030,420 5,614,650 550, 530 3,079,970 293, 740 1,018,520 19,408,310 4,517,140 35,109,050 885,430 1,647,430 291, 830 First Quarter Amended Budget 2011/12 261,830 1,201,300 1,527,060 192,610 1,307,683 7,194,970 2,155,530 22,067,720 1,041,050 5,680,890 554,600 6,579,970 297,270 1,025,710 19,569,150 4,679,380 35,203,070 894,440 1,662,520 291, 830 Mid Year Amended Budget 2011/12 273,830 1,201,300 1,527,060 192,610 1,307,683 7,194,970 2,165,530 22,242,720 1,065,270 5,680,890 634,600 7,663,970 297,270 1,025,710 19,569,150 4,679,380 35,341,853 894,440 1,662,520 291, 830 Third Quarter Amended Budget 2011/12 273,830 1,201,300 1,558,335 192,610 1,307,683 7,194,970 2,165,530 23,534,250 1,065,270 5,680,890 634,600 8,113,470 297, 770 985, 710 19,563,650 4,679,380 36,181,904 894,440 1,572,520 291, 830 Total, General Fund 109,111,070 113,388,583 114,912,586 117,389,942 Special Revenue Funds: Special Development Fund Special Program Fund Utility & Other Enterprise Funds: Water & Sewer Fund Stormwater Utility Fund Solid Waste Fund Gas Fund Recycling Fund Airpark Fund Marine Fund Clearwater Harbor Marina Parking Fund Harborview Center Fund Internal Service Funds: Administrative Services Fund General Services Fund Garage Fund Central Insurance Fund 9, 921, 960 1,411,560 67,769,990 15,778,720 17,748,050 33,831,830 2,820,990 165, 730 4,666,240 366, 810 4,261,720 61, 390 8,652,090 4,407,330 12,235,440 19,116,920 9, 921, 960 3,680,856 67,920,290 15,820,330 17,708,720 35,735,737 2,861,620 341, 950 4,680,430 369, 390 4,297,213 61, 390 8,718,460 4,441,920 12,271,270 19,178,386 10,066,468 3,759,493 67,920,290 15,820,330 17,486,420 35,930,217 2,821,620 349, 950 4,586,140 369, 390 4,387,213 37, 590 8,823,460 4,441,920 12,271,270 20,567,911 10,019,519 4,896,560 67,984,131 15,820,330 18,261,130 34,234,977 2,811,900 349, 950 4,586,140 369, 390 4,387,213 37, 590 9,008,460 4,441,920 12,271,270 20,567,911 Total, All Funds 312,327,840 321,398,505 324,552,268 327,438,333 Ordiri��1#�3�'1212 Budget Amendment 206, 970 (890,000) (455,000) 245, 000 330, 000 (160,000) 2,296,911 91, 500 408, 500 (300,000) 223,475 480, 000 2,477,356 618, 900 1,137,067 63, 841 974,130 1,555,500 1,180 1, 875 40, 000 185, 000 7,054,849 Attachment number 2 \nPage 3 Ordiri��1#�3�'1212 Budget Amendment 31,275 1,291,530 449, 500 500 (40,000) (5, 500) 840, 051 (90, 000) 2,477,356 (46,949) 1,137,067 63, 841 774, 710 (1,695,240) (9,720) 185, 000 2,886,065 Attachment number 2 \nPage 4 Ordiri��1#�3�'1212 Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: Meeting Date:10/1/2012 Adopt Ordinance 8362-12 on second reading, amending the Capital Improvement Budget for the Fiscal Year ending September 30, 2012, to reflect a net increase of $851,003. SUMMARY: Review Approval: 1) Clerk Cover Memo ��11�:��� Attachment number 1 \nPage 1 ORDINANCE NO. 8362-12 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE CAPITAL IMPROVEMENT BUDGET FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 2012, TO REFLECT A NET INCREASE OF $851,003 PROVIDING AN EFFECTIVE DATE. WHEREAS, the Capital Improvement Budget for the fiscal year ending September 30, 2012 was adopted by Ordinance No. 8286-11; and WHEREAS, Section 2.519 of the Clearwater Code authorizes the City Council to provide for the expenditure of money for proper purposes not contained in the budget as originally adopted due to unforeseen circumstances or emergencies arising during the fiscal year; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA; Section 1. Section 1 of Ordinance No. 8286-11 is amended to read: Pursuant to the Third Quarter Amended Capital Improvement Program Report and Estimated Budget for the fiscal year beginning October 1, 2011 and ending September 30, 2012, a copy of which is on file with the City Clerk, the City Council hereby adopts a Third Quarter Amended budget for the capital improvement fund for the City of Clearwater, a copy of which is attached hereto as Exhibit A. Section 2. This ordinance shall take effect immediately upon adoption. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED George N. Cretekos, Mayor Approved as to form: Attest: Pamela K. Akin, City Attorney Rosemarie Call, City Clerk I[�'ii�:3�•�c3 Ordinance No. 8362-12 Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: Meeting Date:10/1/2012 Adopt Ordinance 8363-12 on second reading, vacating that certain portion of the 17-foot alley lying south of Lot 7, and the West 4134 feet of Lot 6, Block B, and vacating that certain portion of the 28 foot alley lying west of Lots 21,22, and 23 of Block B, both properties being described in the Plat titled J.R. Davey, et. Al. Resubdivision located in Plat Book 1, Page 87 of the Public Records of Hillsborough County, of which Pinellas Counry was formerly a part. SUMMARY: Review Approval: 1) Clerk Cover Memo ic -�:�z� Attachment number 1 \nPage 1 ORDINANCE NO. 8363-12 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, VACATING THAT CERTAIN PORTION OF THE 17' ALLEY LYING SOUTH OF LOT 7, AND THE WEST 41.34' OF LOT 6, BLOCK B; AND VACATING THAT CERTAIN PORTION OF 28' ALLEY LYING WEST OF LOTS 21, 22, AND 23 OF BLOCK B, BOTH PROPERTIES BEING DESCRIBED IN THE PLAT TITLED "J.R. DAVEY, ET. AL. RESUBDIVISION" LOCATED IN PLAT BOOK 1 PAGE 87 OF THE PUBLIC RECORDS OF HILLSBOROUGH COUNTY, FL, OF WHICH PINELLAS COUNTY WAS FORMERLY A PART; SUBJECT TO CERTAIN CONDITIONS; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Clearwater, Florida, finds it necessary to vacate the rights- of-way described herein and depicted in Exhibit "A" and Exhibit "B," attached hereto, subject to conditions as further described below; and WHEREAS, the City of Clearwater (the City), Florida Power Corporation d/b/a Progress Energy, Inc. (Progress Energy), Knology Broadband of Florida, Inc. (Knology), Bright House Networks (Bright House) and Verizon Florida, LLC (Verizon) each have utilities lying within the area described in Exhibit "A;" and WHEREAS, the City desires Pinellas County (the County), owner of real property adjacent to the rights-of-way described in Exhibits "A" and "B," attached hereto, to grant an easement over a portion of its property for use as a public right-of-way under the jurisdiction of the City of Clearwater and for the installation, maintenance and use of public and private utilities within said easement; and WHEREAS, the City, Progress Energy and Knology each have underground utility infrastructure within the area described in Exhibit "B" and desire an easement over the described area for the continued use, maintenance, repair and replacement of said infrastructure; and WHEREAS, the County is the owner of the southern half of the certain property depicted in Exhibit "A," attached hereto, and the City requests that County transfer that portion of the property to the City, whereby the City shall own fee title to that portion of the property; and WHEREAS, the City Council finds that said rights-of-way described herein and depicted in Exhibits "A" and "B," attached hereto, are not necessary for use as public rights-of-way, thus should be vacated, as these actions are in the best interest of the City and the general public; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following: Item # 24 Ordinance No. 8363-12 Attachment number 1 \nPage 2 THOSE CERTAIN PORTIONS OF THE 17' ALLEY LYING SOUTH OF LOT 7, AND THE WEST 41.34' OF LOT 6, BLOCK B, AND THE 28' ALLEY LYING WEST OF LOTS 21, 22, AND 23 OF BLOCK B, BOTH PROPERTIES BEING DESCRIBED IN THE PLAT TITLED "JOHN R. DAVEY, ET. AL. RESUBDIVISION" LOCATED IN PLAT BOOK 1, PAGE 87 OF THE PUBLIC RECORDS OF HILLSBOROUGH COUNTY, FL OF WHICH PINELLAS COUNTY WAS FORMALLY A PART are hereby vacated, and the City of Clearwater releases all of its right, title and interest thereto, contingent upon the following conditions: 1. The City retains a utility easement for the continued use, maintenance, repair, and replacement of existing utility infrastructure by the City of Clearwater, and Progress Energy and Knology, respectively, shall retain a utility easement, over the following described property also depicted in Exhibit "B," consistent with any vested rights of occupation in existence at the Effective Date of this ordinance, including any rights vested under any valid franchise agreement between each party and the City: THAT CERTAIN PORTION OF 28' ALLEY LYING WEST OF LOTS 21, 22, AND 23 OF BLOCK B, PROPERTIES DESCRIBED IN THE PLAT TITLED "JOHN R. DAVEY, ET. AL. RESUBDIVISION" LOCATED IN PLAT BOOK 1, PAGE 87 OF THE PUBLIC RECORDS OF HILLSBOROUGH COUNTY, FL, OF WHICH PINELLAS COUNTY WAS FORMALLY A PART; 2. The County shall grant to the City a non-exclusive easement (the New Easement) over adjacent property currently owned by the County and depicted in Exhibit "C" for use as a public right-of-way to be maintained by the City, and the New Easement will also be used for the installation, use, maintenance, repair and replacement of utility infrastructure by the City, Progress Energy, Knology, Bright House, and Verizon. The New Easement is subject to acceptance by the Clearwater City Council at a duly constituted City Council meeting and shall be recorded as Official Record with the Pinellas County Clerk of the Circuit Court; 3. All private and public utility infrastructure, as may be necessary will be relocated from the area described in Exhibit "A" to the New Easement at no cost to the private utility providers. With respect to Progress Energy's distribution line within the area described in Exhibit "A," the City may relocate the line to the New Easement or may construct improvements in the current location of the line, providing for continued functionality of the line. If the City chooses to leave the line in its current location, the City shall grant an easement to Progress Energy allowing for Progress Energy's continued use, maintenance, repair and replacement of the line which shall not interfere with any City improvements to be constructed within the described area; 4. The City shall request, and the County shall convey to the City, via quitclaim deed, all right, title and interest to the following described property also depicted in Exhibit "A," attached hereto: THE SOUTHERN HALF OF THAT CERTAIN PORTION OF THE 17' ALLEY LYING SOUTH OF LOT 7, AND THE WEST 41.34' OF LOT 6, BLOCK B, PROPERTIES DESCRIBED IN THE PLAT TITLED "J.R. DAVEY, ET. AL. RESUBDIVISION" LOCATED Item # 24 Ordinance No. 8363-12 Attachment number 1 \nPage 3 IN PLAT BOOK 1 PAGE 87 OF THE PUBLIC RECORDS OF HILLSBOROUGH COUNTY, FL, OF WHICH PINELLAS COUNTY WAS FORMALLY A PART Section 2. In exchange for the County's performance of all conditions as set forth herein, the City shall modify the parking lots adjacent to the property described herein for the purpose of providing the County a number of parking spaces equal to the aggregate number of parking spaces that existed prior to the adoption of this ordinance. Said modifications to the parking lots shall be subject to approval by Pinellas County, owner of said lots, and such approval shall not be unreasonably withheld. Section 3. The City Clerk shall record this ordinance in the public records of Pinellas County, Florida, following adoption. Section 4. This ordinance shall take effect immediately upon adoption. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED George N. Cretekos Mayor Approved as to form: Attest: Camilo A. Soto Rosemarie Call Assistant City Attorney City Clerk Item # 24 Ordinance No. 8363-12 Sca/e 1 " _ ,34' This is not a survey ; � � 03 ? ,, � � � � 0 ti �. � � � C� � � � 0 � � � � � 7 � . � EXHIBIT "A" Cleveland Street 78' Right-of-Way I � � J.R. Davey Et. AI. Resubdivision Hillsborough Plat Book 1, Page 87 6 I I � Legal Description: 17' Alley Way Vacation described as follows: The portion of tYie 17' alley lying South of Lot 7, and the west 4134' of T�ot 6, Biock B, properties described in the pIat titled "J.R. DAVEY,�T. AL. RESUBDIVISION" located in �lat Book 1, Page 87 of the Public Recards of Hillsborough County, FL, of which Pinellas Caunty was fozmerly a part. E'3 Attachment number 2 \nPage 1I N�RTH — — � — S South RigAt-of Way J _ ?y CITY OF GLEARWATER, F�ORIDA ENGINEERING DEPARTMENT �� �� L Cheek i.y1mZ�.rw cxccaa sr LEGAL SKETCH � ' Mo1ionY 1T' ALLEY WAY VACATION �°F � �� �/2a/zmz D THE CAPITOL THEATRE �s 2gs'� i� Sca/e � " � 6D' This is not a i survey � � EXHIBIT "B" i � ' — — — — — — 17' Alley P8. i i $ �i $ � I 9 � � JO�i R. DAVEY Attachment number 3 \nPage 1 _,,���ll I Illllllllu��,,._ 1 � � � — � � � 17' Alley � 23 22 I ( ET AL RESUBI�IVISTON �,rn...,� � ; 14 y � I Block "�" � .m�m�_ ;_,W..�.rr� �.,� ..._�.. �.,� zB, �. N — � — o i �� � N I 1 ..�...�,.....,....w. ��.m___. .....�....���... �, µ„ ........:........... I IZ 21 — w ! 20 I ....,.� .. .,..,.��..,� 19 W � t � � y j Legal Descript�on: 28' Aliey Vacation described as follows: ' The 28' alley lying West of Lots 21, 22 and 23 of Block B, prvperties described in the plat titled "JOHN R. DAVEY, ET. AL. RESUBDIVISiON" located in Plat Book 1, Page 87 ofthe Public Records of Hillsborough County, FL, of which PinefIas County was fortnerly a part. � C1TY OF CLEARWATER, �LORIDA ENGINEERING �EpARTMENT pR1"" �" LEGAL 5KE7CH o�n Ma L Cheek Lg1�012- oca� ar 26' ALLEY WAY VACATION � T. Alohony � �4 S FORF HARRISaN AV� ��� a� a/zo/2oiz p �"� Sco/e 1 " — 6D' This is not a survey � i � � � � � N EXHIB IT �_.__m�� �� ��9 , m a��,., ���. �.� �_. e�__..� � � � � �I ' JOHN _...�.�.�. ET AL., 1D � I Black I �Trr._.� . ��.... . � �. _ � h w — — 1� — — � N 12 » �-y � � <J Attachment number 4 \nPage 1 IV�RTH --- ----� 17' Alley � I 23 � I_ � '� 22 R. DAVEY � RESUSDIV�SION �' 21 I ��B�� — — � a � Zfl � I E N �,�..�,.............. ..�..�. „„„„,„w„,,.�_ I 19 Legal Descript�on: 12' Right-of-Way Easement described as folIows: The North 12' of Lot S of Block B, a property described in t�e plat tit�ed "JOHN R. DAVEY, ET. AL. RESUBDIVISION" located in Plat Book 1, Page 87 of the Fublic Records of Hillsborough Cour�ty, FL, af which Pinellas County was formerly a part. i � � � � � � � � � CITY OF CLEARWATER, FLOREDA ENGINEERING DEPARTMENT 0X/iM1 °Y LEGAL SKETC�i °"R'° � �� lg1�012-1 a�cno sr 12' #tIGMT—OF—WAY �, T M°r'°»y AND UTIUTIES EASEMEHT 1�� e/�/2o�z � 14 S FORT HARRI50N .,�VE is 2� � Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: City Manager Verbal Reports SUMMARY: Review Approval: Meeting Date:10/1/2012 Cover Memo ��11�:��� Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: Amendment 4 SUMMARY: Review Approval: Meeting Date:10/1/2012 Cover Memo ��11�:��� Amendn that wiJl a The official ballot s� educe the cu property and s Give first-time ✓ Allow the Legi; property if the �, �' I! . - . . , ,. . . - ary is lengthy and ha: ' i' I I� �. • # � . ' � � � Attachment number 1 s ignificant components that: mercial property, vacant ayers an add'itional hamestead exemption. o prohibit increases in the as ae of the property decreases. cap reduction and the first-ti , not to school propert� arida League of Cities. Suite 300, Tallahassee, FL 32301 .. • i� � Amendr it worse! busi`nessi businesses and dis Florida's property tax sys which makes it difficult tc 1� unfair t� �lorie Amendment 4 favors � 'land and shifts the cost c * �.. � property tax : �lorida's property tax arida residents while �n-homestead prope r i i � nd growing businesses at a dis �inesses. This measure will styrr ill i�pact citie�' maj� �viding special tax benefits to 0 source of revenue negatively ir protection, fire protection, parks � � ' Attachment number 1 ng 0 � making them pay higher taxes :xpansion of Florida-based � re been made aver the years, ; ;onfusion:` �t���l) r��ider�t�e �cond home property owners and o� �ublic services to long-time Florida re that hurts those who live and work h� i 1 r i iI � �ir and unbalanced tax system and m cond home property,owners. Amend �ws this inequity to be `in place until � xida League of Cities. Suite 300, Tallahassee, FL 32301 � � . . nents will see its services such as �nd on. /� Attachment number 2 \nPage 1 AMENDMENT 4 RESOLUTION ,SAMPLE A RESOLUTION OF THE CITY/TOWN/VILLAGE OF CONCERNING AMENDMENT 4 TO THE FLORIDA CONSTITUTION WHICH, IF ADOPTED, WOULD CREATE ADDITIONAL INEQUITIES 1N FLORIDA' S TAX SYSTEM BY GRANTING CERTAIN TAX BREAKS TO SOME TAXPAYERS AT THE EXPENSE OF OTHER TAXPAYERS. WHEREAS, a proposed constitutional amendment sponsored by the Florida Legislature will be placed on the 2012 general election ballot as "Amendment 4"; and WHEREAS, this proposed constitutional change reduces the current assessment limitation on non-homestead real property from 10 percent to 5 percent; and WHEREAS, the proposed amendment grants first-time homesteaders an additional homestead exemption equal to 50 percent of the just value of the property up to the county median home value; and WHEREAS, the proposed amendment creates a provision that allows the Legislature by general law to prohibit increases in the assessed value of homestead property if the just value of the property decreases; and WHEREAS, Amendment 4 creates inequities for non-homestead properties by allowing identical properties to be taxed differently, and Amendment 4 extends the sunset provision already in the Florida Constitution from 2019 to 2023, which allows these inequities to be in place longer; and WHEREAS, Amendment 4 shifts the tax burden to new or growing businesses, creating an unfair disadvantage for new businesses that would have to pay higher property taxes than their more established counterparts; and WHEREAS, the non-homestead assessment cap reduction and the first-time homesteader provision apply to city and county taxes and not to school property taxes; and WHEREAS, over the last few years, several property tax initiatives, including additional homestead exemptions, Save Our Homes portability and statutory millage caps, have also contributed to the unequal treatment of Florida's taxpayers. WHEREAS, there are estimates of the total tax impact of Amendment 4 of $1.6 billion cumulatively over a four-year period beginning in 2013-2014, with approximately $447 million borne by cities; NOW, THEREFORE, BE IT RESOLVED BY THE CITY/TOWN/VILLAGE OF I[�'ii�:3�•I� Attachment number 2 \nPage 2 Section 1. That the City/Town/Village of will evaluate the impact Amendment 4 may have on its property taxes. Section 2. That the City/Town/Village of urges its residents to carefully consider the potential adverse consequences of Amendment 4 before voting in the November 2012 general election. Section 3. That a copy of this resolution be provided to the Florida League of Cities, Inc. and other interested parties. PASSED AND ADOPTED by the City/Town/Village of , Florida, this day of 2012. I[�'ii�:3�•I� 4�� �� �lc�rida Assveiatit�n sat iZe�tc7rs �,� �f i: 'Fax ince€t�iv+�s ior first-tisme b�ye�s, a��es�cars �nd b�sineS�€;s/ert�ploye�s ct�ulc� sp�eRl �`l�ari�'s �coiza��aic r�co�re�y. �i ��ri11 pravicie � much needeci ec�snc�ar�ic baost tv Flc�rida'� working �a�lx�s, ren�rs, �a� sr�all husi���s �wners.. �3y cr�atang an �t�ditianal h�?rraest�a� �xe�p�ion �s�r �rst t�rz�e h�m� l�uyers. �rn�ndme�t � will br��� rnc�re q��l�f�.d b�y��rs t� th� iabier redue� the �nventi�ry c�f �crre��QS� hc�rn+es, �nd get F`iarid�`� �ut�sin� ��et c�n the r�se �ga�. �t will alls��+ the �.egislatur� tca �€pp •�recapt�re", a�ain��l ax �immic�C tkcat all�ws a hatnecvw��r"s pr�pegty taxes to �cr�ase �ve� ��vhil� th�in c��z�s�'s val�c� Ls decreas"rng. ��A.mendnnent 4�iv�s s�b�lity tc� re�t��s a�d sm�l� brasi���ss+�� Uy It�werin� �e maxs,irn�an ycr�rly c�ss�ss�rent increase c�n n�n-herr�este:a�i pr��rties frcsrn a��rde�s�rne 1€� ���ent tca a more ��as�?nabl� 5 pere�nt.'F%With a�xc��� tcal�rable rnaxi�n�rr� ass�ssni��nt incr�ase, �'lt��°ida's s�na11 busi��sses can �ettcr pl� ir�v�stments �n tY€eir tc�cal ec�v��saa�u�s an� wtrr�;:ing fa�rzilies, rvh� �cnt, we�n°t h�sve ta �ive i� f��r af si�ni�cant, unexpee�ted i�scre�ses in their li�ing e�epe�ses. � �: i!F" f �' 4 �e �lnr�d,a �.eague af �iti�s� �onda Assc�ciat�r?� c�f �au�ties, �oric�� i.ocal �iave en� +Ce�alit��sn r�R�*����'��a '�`tais ame�c�rrs��� ad�i.� yct ��av€hcz° l���e� �f �a�spiexity ta a� alreat�y camplic�tecf ��c�perly ta�c sysxem a�d th�s a� hr�c li�it shi�GS the Y� b�den l� cathers, Tiiis a:��ex�dm��t pr�vi�i�s an �d�ed t�t �r�ak tcr out �sf' state �usinesses az�ct s�ift� ��t burden to Fla�ric� ��si��nts, �`�e t� refar� �s c��prehensi��, nat p�ece�n�l, an� addr�ss�s aIl 1e�+els c�f �c�ve �nc an�i x11 ty�s vf Gax�a. 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R- � i !M� i - . ` i ' x 1 .�i ! - , ,. � a. . _ _ , - _.. . . -.- . . . _ . .► - - _ . � �� = m ,, -. s •. .�• r R �r - .�. s �-� a�- _- s -�� `a.- ^ 4 �° r:- . a.._ _ -e . « •�_._ _ r. ` r 1 r _:ra •^s M a:- • - 1 r s t #: -r- �� ,.,� # � s � yrt • � v � � . ..a► °a 1i. �; � . � _ _ y _ • � ..• r a� r r- 1 r ar •'' • s .r rr�. » -►°� • • _ �� � s � sw r ai• i��' . � .. s .. � � 7 �'he �'���`i�a �,e�isl�i�r� ������: �ct��� jI"v�a�e �a�Ic��.`._...�_ ..�.. a�I?1i2{�l ] ___�__ ��llnt �Iumher: � ` ����ti�an �'e�r: � 2[ll � -fi13 i�1c��� �� ,_. , � „.. �^ , , . _ � � � � City of Clearwater 2012 Constitutional Amendment Potential Impact Estimates Amendment 4 1) Reduction of the Non-Homestead Cap from 10% to 5% 2) Removal of "Recapture Rule" 3) New Homesteader Exemption Amendment 2 Disabled Veteran's Discount Amendment 10 Additional TPP Exemption Estimated Impact Assessed or Taxable Value Removed from the Tax Roll 24,858,543 20,451,290 35,147,467 80,457,300 11,311,373 26,515,092 Attachment number 5 \nPage 1 Estimated Loss of Tax Proceeds (128,146) (105,426) (181,185) (414,757) (58,310) (136,685) Total Estimated Impact All Amendments 118,283,765 (609,753) I[�'ii�:3�•I� Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: 2012 Fire Prevention Week Proclamation - Fire Marshal/Division Chief Steve Strong SUMMARY: Review Approval: Meeting Date:10/1/2012 Cover Memo ��11�:��� Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: World Ostomy Proclamation SUMMARY: Review Approval: Meeting Date:10/1/2012 Cover Memo ��Il�:��ij Work Session Council Chambers - City Hall Meeting Date:10/1/2012 SUBJECT / RECOMMENDATION: National Arts and Humanities Month Proclamation - Roberta Klar, Chairman of the Clearwater Arts Alliance SUMMARY: Review Approval: Cover Memo ��11�:��%� Work Session Council Chambers - City Hall Meeting Date:10/1/2012 SUBJECT / RECOMMENDATION: Public Natural Gas Week Proclamation - October 7-13, 2012 - Chuck Warrington, Dir. Clearwater Gas System SUMMARY: Review Approval: Cover Memo �[i�ii%�Li1]