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02/04/2013 WORK SESSION AGENDA Council Chambers - City Hall 2/4/2013 - 1:00 PM 1. Presentations 1.1TIA Airport Master Plan (WSO) Attachments 2. Economic Development and Housing 2.1Approve an Agreement between the City of Clearwater and Star-Tec Enterprises, Inc., a Florida nonprofit corporation doing business as the Tampa Bay Innovation Center (TBIC), to provide business incubation and business acceleration services (Virtual Incubator Program), and authorize the appropriate officials to execute same. (consent) Attachments 2.2Approve an Interlocal Agreement between the City of Clearwater (City) and the Community Redevelopment Agency of the City of Clearwater (CRA) that outlines responsibilities for funding a Virtual Incubator Program, which fosters early- and mid-stage IT/Software company growth in the Technology District of the CRA, and authorize the appropriate officials to execute same. (consent) Attachments 3. Financial Services 3.1Approve a contract (Blanket Purchase Order) to Office Depot, Inc., in the amouunt of $220,000.00, for the period February 1, 2013 through January 31, 2014, in accordance with Sec. 2.564 (1)(d) Code of Ordinances - Other Governmental Bid, and authorize the appropriate officials to execute same. (consent) Attachments 4. Gas System 4.1Approve a Contract (Purchase Order) with Heath Consultants, Inc. in the amount of $300,000 to provide natural gas line locating services, and authorize the appropriate officials to execute same. (consent) Attachments 5. Human Resources 5.1Approve the formation of a City Defined Contribution Plan Investment Committee, approve the designated members of the Committee, and authorize the Committee to adopt such administrative documents as are necessary and execute all administrative functions pertaining to same. (consent) Attachments 6. Library 6.1Provide direction regarding the expansion and renovation of the Countryside Branch Library or construction of a new building located on the Countryside Community Park, near the Countryside Recreation Center. (WSO) Attachments 7. Solid Waste/General Support Services 7.1Award a Contract (Purchase Order) for $219,853.30 to Nortrax of Lutz, Florida for one John Deere 250GLC Excavator, in accordance with Sec. 2.564(1)(d), Code of Ordinances - Other Governmental bid; authorize lease purchase under the City's Master Lease Purchase Agreement and authorize the appropriate officials to execute same. (consent) Attachments 7.2Approve a contract (Purchase Order) for $438,545.00 to Rush Truck Center of Tampa, Florida for two Peterbilt Model 365 Chassis with Palfinger ARL - 60 roll-off system, in accordance with Sec. 2.564(1)(d), Code of Ordinances - Other governmental bid; authorize lease purchase under the City's Master Lease Purchase Agreement; and authorize the appropriate officials to execute same. (consent) Attachments 7.3Ratify and confirm the City Manager's approval of a Purchase Order to RingPower of Tampa, FL in the amount of $71,225.00 for one Caterpillar Model C9 300KW Emergency Generator, approve the transfer of $79,225.00 from Garage Fund Reserves to Motorized Equipment - Cash capital project 315-94233 at first quarter for the purchase and installation costs, and authorize the appropriate officials to execute same. (consent) Attachments 8. Public Utilities 8.1Amend the City of Clearwater Code of Ordinances, Sections 32.211through 32.225 and Appendix A, Article XXV, Section7, to provide updates to reflect changes made in the Florida Administrative Code ; adding clarifying and protective language; moving fees to Appendix A for Hauled Liquid Waste, and pass Ordinance 8322-13 on first reading. Attachments 9. Engineering 9.1Renew Construction Manager at Risk (CMR) Contracts with Biltmore Construction Company, Inc. and Peter R. Brown Construction, Inc. for a period of two years commencing March 1, 2013 and authorize the appropriate officials to execute same. (consent) Attachments 9.2Approve the request from the owner of property described as Lots 4 and 5, Renaissance Oaks First Addition to vacate the easternmost 10 feet, more or less, of an Ingress/Egress Easement; and pass Ordinance 8375-13 on first reading. (VAC2012-06) Attachments 10. Planning 10.1Approve amendments to the Community Development Code addressing encroachments into setbacks and rights-of-way, the Comprehensive Sign Program, nonconforming lots and plans review fees; approve an amendment to the Clearwater Code of Ordinances addressing board attendance and pass Ordinance 8371- 13 on first reading. Attachments 10.2Provide direction on the proposed recommendations of the Business Task Force regarding the Development Agreement process. (WSO) Attachments 11. Official Records and Legislative Services 11.1Appoint two members to the Community Development Board with term to expire February 28, 2017. Attachments 11.2Appoint four members to the Library Board with terms to expire February 28, 2017. Attachments 12. City Manager Verbal Reports 12.1City Manager Verbal Reports Attachments 13. Council Discussion Items 13.1Flags around the round about - Mayor Cretekos Attachments 14. Closing Comments by Mayor 15. Adjourn 16. Presentation(s) for Council Meeting 16.1Business, Neighborhood, and Homes Awards Program Attachments 16.2Poppy Days Proclamation Attachments 16.3Annual Coast Guardsmen Award - Joe Daigneault Attachments Meeting Date: 2/4/2013 Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: TIA Airport Master Plan (WSO) SUMMARY: Review Approval: Cover Memo Item # 1 Meeting Date: 2/4/2013 Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: Approve an Agreement between the City of Clearwater and Star-Tec Enterprises, Inc., a Florida nonprofit corporation doing business as the Tampa Bay Innovation Center (TBIC), to provide business incubation and business acceleration services (Virtual Incubator Program), and authorize the appropriate officials to execute same. (consent) SUMMARY: The purpose and intent of the Agreement is to permit the City and TBIC to create and implement a Virtual Incubator Program that encourages the early- and mid-stage growth of IT/Software companies in the Community Redevelopment Agency (CRA) area of the City of Clearwater. In November 2011, the City of Clearwater approved a citywide Economic Development Strategic Plan (Plan) that calls for the creation of a Technology District to facilitate incentives and/or assistance to foster Information Technology (IT)/Software company growth in the Citys CRA area. The Strategic Plan identifies IT/Software as one the Citys industry clusters with the highest potential for growth. Toward that end, the City desires to assist start-up and mid-stage companies, which generate significant job growth in the IT/Software area, that are either already located or are considering locating in the Citys defined Technology District to facilitate the retention, growth and attraction of high-wage primary jobs envisioned by the Plan. In order to identify, assess, and support the growth and development of high potential start-up firms, the City needs to engage a third party that specializes in providing financial and feasibility assessment and support services for early- and mid-stage technology businesses. In order to provide these third-party assessments and services, the City of Clearwater Economic Development and Housing Department will enter into an agreement with the Tampa Bay Innovation Center (TBIC), a Florida-based not-for-profit corporation that was established to support business development in the form of business incubation and business acceleration services. They provide a well-established process for business feasibility analysis and growth support services for the incubator program at the Countys Star Center. The TBIC agreement will allow the City to access their specialized services, normally available only through an on-site incubator center, in the CRAs Technology District without having to incur the expense of a physical location. The City is best-suited to enter into the agreement with TBIC because the Department is designated by the State as the economic development agency. Cover Memo Item # 2 TBIC will establish and implement a process to screen and vet potential clients identified by the City to maximize resources and client success rate in Clearwaters Technology District. When the client is accepted into the Program, the TBIC will enter into agreements directly with the client. TBIC will provide a variety of services that foster early-stage and mid-stage companies to become market-ready faster and more effectively, commercialize innovative technologies, recognize and penetrate new markets, refine their model, establish a strong scalable business infrastructure, identify sources of financing and surmount early- stage or mid-stage growth issues. They will monitor and report on the clients progress and provide an annual report to the City. In order to fund these third-party assessments and services, the City of Clearwater will enter into an Interlocal Agreement with the CRA. The CRA will pay the application fees, background check fees, security deposits and monthly program fees for the Program clients. Client participation is capped at no more than six clients per calendar year. The total amount for this Program will not exceed $25,000 (to be allocated from the CRAs Technology District Incentives line item 388-94872). Appropriation CodeAmountAppropriation Comment 388-9487225,000CRA Technology District Incentives Review Approval: 1) Office of Management and Budget 2) Legal 3) Clerk 4) Assistant City Manager ED 5) City Manager 6) Clerk Cover Memo Item # 2 Attachment number 1 \nPage 1 of 8 Item # 2 Attachment number 1 \nPage 2 of 8 Item # 2 Attachment number 1 \nPage 3 of 8 Item # 2 Attachment number 1 \nPage 4 of 8 Item # 2 Attachment number 1 \nPage 5 of 8 Item # 2 Attachment number 1 \nPage 6 of 8 Item # 2 Attachment number 1 \nPage 7 of 8 Item # 2 Attachment number 1 \nPage 8 of 8 Item # 2 Meeting Date: 2/4/2013 Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: Approve an Interlocal Agreement between the City of Clearwater (City) and the Community Redevelopment Agency of the City of Clearwater (CRA) that outlines responsibilities for funding a Virtual Incubator Program, which fosters early- and mid-stage IT/Software company growth in the Technology District of the CRA, and authorize the appropriate officials to execute same. (consent) SUMMARY: The purpose and intent of the Interlocal Agreement is to permit the CRA and the City to collaborate and make the most efficient use of their resources and capabilities to implement a Virtual Incubator Program that encourages the growth of IT/Software start-up and mid-stage companies in the CRA. In November 2011, the City of Clearwater approved a citywide Economic Development Strategic Plan (Plan) that calls for the creation of a Technology District and provides incentives and/or assistance to foster Information Technology (IT)/Software company growth in the Citys CRA area. The Strategic Plan identifies IT/Software as one the citys industry clusters with the highest potential for job growth. Toward that end, the City desires to assist start-up and mid-stage companies, which generate significant job growth in the IT/Software area, that are either already located or are considering locating in the Citys defined Technology District to facilitate the retention, growth and attraction of high-wage primary jobs envisioned by the Plan. In order to identify, assess, and support the growth and development of high potential start-up firms, the City needs to engage a third party that specializes in providing financial and feasibility assessment and support services for early- and mid-stage technology businesses. In order to provide these third-party assessments and services, the City of Clearwater Economic Development and Housing Department will enter into an agreement with the Tampa Bay Innovation Center (TBIC), a Florida-based not-for-profit corporation that was established to support business development in the form of business incubation and business acceleration services. They provide a well-established process for business feasibility analysis and growth support services for the incubator program at the Countys Star Center. The TBIC agreement will allow the City to access these specialized services, normally available only through an on- site incubator center, in the CRAs Technology District without having to incur the expense of a physical location. The City is best-suited to enter into the agreement with TBIC because the Department is designated by the State as the economic development agency. The CRA will pay the application fees, background check fees, security deposits and monthly program fees for the Program clients. Client participation is capped at no more than six clients per calendar year. The total annual amount of the Program will not exceed $25,000. However, the parties agree that the CRA will allot additional monies in its sole discretion and as needed. The funding for this Program will be allocated from the CRAs Technology District Incentives line item (388-94872). Type: Other Current Year Budget?:Budget Adjustment: NoneNone Budget Adjustment Comments: Cover Memo Current Year Cost:Annual Operating Cost: Item # 3 $25,000 (per Not to Exceed:Total Cost: Interlocal Agreement) For Fiscal Year: to Appropriation CodeAmountAppropriation Comment 388-94872$25,000CRAs Technology District Incentives Review Approval: 1) Office of Management and Budget 2) Legal 3) Clerk 4) Assistant City Manager ED 5) City Manager 6) Clerk Cover Memo Item # 3 Meeting Date: 2/4/2013 Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: Approve a contract (Blanket Purchase Order) to Office Depot, Inc., in the amouunt of $220,000.00, for the period February 1, 2013 through January 31, 2014, in accordance with Sec. 2.564 (1)(d) Code of Ordinances - Other Governmental Bid, and authorize the appropriate officials to execute same. (consent) SUMMARY: This Blanket Purchase Order is a piggyback of Florida State Contract 618-000-11-1, which covers the period February 1, 2013 through January 31, 2014. This contract is made available for the purchase of miscellaneous office supplies for use by all City Departments. Type: Operating Expenditure Current Year Budget?:Budget Adjustment: YesNone Budget Adjustment Comments: Current Year Cost:Annual Operating Cost: $220,000.00 Not to Exceed:Total Cost: $220,000.00 For Fiscal Year: 2/1/2013 to 1/31/2014 Appropriation CodeAmountAppropriation Comment 0555-00000-141100-000- 0000 Bid Required?:Bid Number: No Other Other Bid / Contract:Bid Exceptions: Government Bid Review Approval: 1) Office of Management and Budget 2) Legal 3) Clerk 4) Assistant City Manager 5) City Manager 6) Clerk Cover Memo Item # 4 Meeting Date: 2/4/2013 Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: Approve a Contract (Purchase Order) with Heath Consultants, Inc. in the amount of $300,000 to provide natural gas line locating services, and authorize the appropriate officials to execute same. (consent) SUMMARY: Florida law requires anyone who plans to dig and/or perform excavation activities in the right of way or on private property to call the Florida Sunshine One-Call center and place a ticket 48 hours prior to performing the excavation. Once CGS receives the locate ticket, a Gas Line Spotter goes out to the site and marks the approximate location of our gas lines, usually with flags and spray paint. This will inform the contractor/excavator of the approximate location of our facilities once they commence excavation. Historically, Clearwater Gas System has performed all gas main and service line locating in-house with three full-time Gas Technicians. Over the last several years, several of our key veteran employees have retired, requiring us to hire new, inexperienced employees to replace them. This has placed a heavy workload on some employees in construction and maintenance. These areas require employees with multi-year experience of the distribution system. Taking into account the newer employee base, CGS is requesting to outsource the Gas Line Spotting function over the next year to Heath Consultants, in order to move key employees that currently perform locating services, into more critical job functions. Heath was selected based on their response to RFP 04-13, Natural Gas Distribution Main and Service Line Locating. Heath has done this service for TECO Peoples Gas in the past and has reportedly done a good job. In 2011, CGS received approximately 33,000 locate tickets. This amount may increase or decrease depending on the level of road construction projects and other utility systems performing work near our gas facilities. Type: Operating Expenditure Current Year Budget?:Budget Adjustment: YesNone Budget Adjustment Comments: Current Year Cost:Annual Operating Cost: 300,000300,000 Not to Exceed:Total Cost: 300,000300,000 For Fiscal Year: 10/1/2012 to 9/30/2013 Appropriation CodeAmountAppropriation Comment 423-02066-530300-532-210,000Pinellas Gas Maintenance 000-0000 423-02173-530300-532-90,000Pasco Gas Maintenance 000-0000 Cover Memo RFP Bid Required?:Bid Number: Yes 04-13 Item # 5 Other Bid / Contract:Bid Exceptions: None Review Approval: 1) Office of Management and Budget 2) Legal 3) Clerk 4) Assistant City Manager ED 5) City Manager 6) Clerk Attachment number 1 \nPage 1 of 34 CONTRACT CITY This CONTRACT made and entered this ____ day of February, 2013, by and between the OF CLEARWATER, FL (d/b/a Clearwater Gas System) , a municipal corporation of the State HEATH of Florida, 400 North Myrtle Avenue, Clearwater, FL, hereinafter called “CGS”, and CONSULTANTS INCORPORATED a DELAWARE corporation, 9030 Monroe Road, Houston, TX, having hereinafter called the "CONTRACTOR". WITNESSETH: That the parties to this contract each in consideration of the undertakings, promises and agreement on the part of the other herein contained, do hereby undertake, promise and agree as follows: The Contractor, and his or its successor, assigns, executors or administrators, in consideration of the sums of money as herein after set forth to be paid by CGS and to the Contractor, shall and will at their own cost and expense perform all labor, furnish all materials, tools, electronics, devices and equipment for the following: Natural Gas Distribution Main & Service Line Locating” “ RFP 04-13 As defined in in the amount of $300,000. In accordance with such proposal and such other special provisions and drawings, if any, which will be submitted by CGS, together with any advertisement, instructions to bidder, 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 CGS, the provision of the services including but not limited to those services as described in Exhibit “A” attached hereto and incorporated herein (“Scope of Services”). If the Contractor should fail to comply with any of the terms, conditions, provisions or stipulations as contained herein within the time specified for completion of the work to be performed by the Contractor, then CGS, may at its option, avail itself of any or all remedies provided on its behalf and shall have the right to proceed to complete such work as Contractor is obligated to perform in accordance with the provisions as contained herein. CGS shall recover all costs of such remedial action from the contractor for their failure to perform. THE CONTRACTOR AND HIS OR ITS SUCCESSORS AND ASSIGNS DOES HEREBY AGREE TO ASSUME THE DEFENSE OF ANY LEGAL ACTION WHICH MAY BE BROUGHT AGAINST CGS AS A RESULT OF THE CONTRACTOR’S ACTIVITIES OR RELATED DEFICIENCIES ARISING OUT OF THIS CONTRACT AND FURTHERMORE, IN CONSIDERATION OF THE TERMS, STIPULATIONS AND CONDITIONS AS CONTAINED HEREIN, AGREES TO HOLD CGS 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 CGS OR THE CONTRACTOR OR THE CONTRACTOR’S SUB-CONTRACTORS, AGENTS, Item # 5 Attachment number 1 \nPage 2 of 34 SERVANTS OR EMPLOYEES RESULTING FROM ACTIVITIES BY THE AFOREMENTIONED CONTRACTOR, SUB-CONTRACTOR, AGENT SERVANTS OR EMPLOYEES. UNLESS SUCH CLAIMS ARE A RESULT OF THE CITY’S NEGLIGENCE. NOTHING HEREIN SHALL BE CONSTRUED TO WAIVE OR MODIFY THE PROVISIONS OF SECTION 768.28, FLORIDA STATUTES, OR THE DOCTRINE OF SOVEREIGN IMMUNITY. In addition to the foregoing provisions, the Contractor agrees to conform to the following requirements: 1.The term of this agreement shall begin March 1, 2013 and terminate on February 28, 2014. Thereafter, this agreement may be renewed, up to three times, on a yearly basis, if Contractor agrees to hold their prices/rates the same for the entire renewal period. Any amendment must be made in writing and agreed to by both parties. 2.The Contractor agrees to receive the compensation/rates stated in the Proposal attached hereto as Exhibit “B”, in full compensation for furnishing material, tools, equipment and labor necessary to perform Locate Services within CGS’s Service Territory. CGS and Contractor agree that there are no minimum requirements for purchase in this Agreement; the Contractor, for such consideration, shall be responsible for all claims, causes of action, loss or damages arising out of the nature of the work aforesaid or from any action of the elements; or from any unforeseen obstruction or difficulties which may be encountered of every description connected with the work, and furnishing the materials, until their final completion and acceptance. UNLESS SUCH CLAIMS ARE A RESULT OF THE CITY’S NEGLIGENCE. NOTHING HEREIN SHALL BE CONSTRUED TO WAIVE OR MODIFY THE PROVISIONS OF SECTION 768.28, FLORIDA STATUTES, OR THE DOCTRINE OF SOVEREIGN IMMUNITY. Any increase or decrease in compensation shall be effective only when incorporated in a written amendment to this Contract, executed by the Parties hereto. 3.To prevent disputes, it is agreed by and between the parties to this Contract that CGS or its authorized representative shall in all cases determine the quality and quantity of the work to be paid for under this Contract, and CGS shall determine questions in relation to lines, levels and dimensions of work. 4.Payment shall be made in accordance with provisions as outlined. Contractor shall render invoices and statements to CGS on a monthly basis. Each statement shall be paid under the guidelines of FL State Statute 218 (Florida Prompt Payment Act). Mail Invoices To: Clearwater Gas System Attn: Accounts Payable 400 N. Myrtle Ave Clearwater, FL 33755 5.The Contract Documents shall consist of all sections contained in RFP 04-13 and Contractor’s Proposal to support the requirements within the RFP, attached hereto as Exhibit C and B, respectively. All of which are familiar to the Contractor and which are hereby incorporated herein by reference. Item # 5 Attachment number 1 \nPage 3 of 34 6.This agreement, together with these documents, forms the contract, and they are as fully a part of the Contract as if hereto attached or herein repeated. 7.Contractor shall at all times furnish adequate tools, testing supplies, appliances, equipment, a sufficient number of properly OQ certified skilled workmen (as defined in the RFP), and a sufficient amount of materials and supplies of proper quality to efficiently and promptly prosecute the work provided for herein and shall promptly pay for all material purchased and shall pay all workmen each week, and if required by CGS, shall obtain and furnish CGS weekly with signed receipts from all workmen showing the date of payment, the amount paid, number of hours paid for, the days on which said work was performed, the classification of the labor so paid, and the rate of wage per hour paid and shall supply CGS weekly with two (2) copies of the payroll verified by an affidavit. Contractor shall, as often as requested by CGS, furnish a sworn statement showing all parties who furnished labor or materials to the Contractor, with their names and addresses and the amount due or to become due each. A like statement may be required from any subcontractor of the Contractor. 8. Contractor employees and their subcontractors must meet the requirements and intent of the Code of Federal Regulations (CFR) 49 Part 192.801, 192.803, 192.805, 192.807 and “Operator Qualification” 192.809 relating to with mandatory knowledge, skill and abilities, training to be completed by March 1, 2013. The contractor must state in writing that their Operator Qualification plan is in conformance with the intent of Federal Operator Qualification Regulations and is at least equal to and applicable to Clearwater Gas System’s ASME B31Q Operator Qualification Plan. OQ and all Training Documentation shall be furnished upon request. The Contractor’s Operator Qualification Plan must also explain how their employees have the ability to identify and react to natural gas related Abnormal Operating Conditions that may be encountered while working on the gas pipeline facility. Contractor Employee Operator Qualification, Knowledge, Skill and Ability records will be Failure to provide proof of Operator Qualification compliance, kept for a 5 year period. and successful maintenance will disqualify the bidder from performance of the awarded bid. Training records shall be made available to CGS for auditing. Drug and Alcohol Training 9.The Contractor agrees that it has in place, or will implement a and Testing Program for their employees that comply with the requirements of the United A States Department of Transportation, Title 49, Pipeline Safety Regulations, Part 199. copy of the Alcohol and Drug Testing Program has been included in the response to the Request for Proposal . The contractor will also furnish quarterly statistical reports to CGS to show active compliance. 10.Should the Contractor default in any of the provisions of this contract and CGS employs an attorney to enforce or construe any provision hereof or to collect damages for breach of the agreement or to recover on any bonds provided for herein, the Contractor and/or his surety agree to pay CGS such reasonable attorney's fees as CGS may expend therein. As against the obligations contained herein, the Contractor and his surety waive all rights of exemption. 11.The undersigned Contractor has carefully reviewed and familiar all contract documents, and is responsible for having heretofore, or shall be responsible at such time as it becomes Item # 5 Attachment number 1 \nPage 4 of 34 necessary, examined the location and route of all proposed work, and is satisfied as to the character of said route, the location of surface and underground obstructions and nature thereof, the nature of the ground water table conditions and other physical characteristics of the work and the work site in order that he may include in the price which he has bid and the price of this contract all costs pertaining to the work. 12.This contract shall not be construed for or against any party because that party wrote it. 13.The Contractor and CGS for themselves, their heirs, executors, administrators, successors, and assigns, hereby agree to the full performance of the covenants herein contained. Assignment by the Contractor of any portion or all of this Contract or Contractor’s obligations and rights under this Contract shall not be effective without the written consent of CGS, which, may be withheld at CGS’s discretion. 14.In connection with the performance of work under this contract, the Contractor 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. The Contractor 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. 15.The Contractor 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. 16.It is mutually agreed between the parties hereto that time is of the essence of this contract, particularly in light of the mandatory timeframes as set forth in Florida Statute 556 (Underground Facility Damage Prevention and Safety), as may be amended from time to time, and in the event that the work to be performed by the Contractor is not completed within the time stipulated herein, it is then further agreed that CGS may deduct from such $1,000.00 per day sums or compensation as may be due to the Contractor the sum of for each day that the work to be performed by the Contractor remains incomplete beyond the $1,000.00 per day time limit specified herein, which sum of shall only and solely represent damages which CGS has sustained by reason of the failure of the Contractor to complete the work within the time stipulated, it being further agreed that this sum is not to be construed as a penalty but is only to be construed as liquidated damages for failure of the Contractor to complete and perform all work within the time period as specified in this contract or CGS may terminate this Contract immediately, being obligated to Contractor only for compensation duly earned for work completed, minus any amounts provided for in this paragraph. 17.It is further mutually agreed between CGS and the Contractor that if, any time after the execution of this contract and the surety bond which is attached hereto for the faithful performance of the terms and conditions as contained herein by the Contractor, that CGS shall at any time deem the surety or sureties upon such performance bond to be Item # 5 Attachment number 1 \nPage 5 of 34 unsatisfactory or if, for any reason, the said bond ceases to be adequate in amount to cover the performance of the work the Contractor shall, at his Of its own expense, within ten (10) days after receipt of written notice from CGS to do so, furnish an additional bond or bonds in such term and amounts and with such surety or sureties as shall be satisfactory to CGS. If such an event occurs, no further payment shall be made to the Contractor under the terms and provisions of this contract until such new or additional security bond guaranteeing the faithful performance of the work under the terms hereof shall be completed and furnished to the City in a form satisfactory to it. 18.NOTICES AND CHANGES OF ADDRESS Any notice requires or permitted to be given by the provisions of this Contract shall be conclusively deemed to have been received by a party hereto on the date it is hand delivered to such party at the address indicated below (or at such other address as such party shall th specify to the other party in writing), or on the fifth (5) business day after the day on which such notice is mailed and properly addressed. Heath Consultants Incorporated Clearwater Gas System (CGS) Gary Lape__________ _Brian Langille________ Name Name VicePresident, Operations _Operations Manager___ Title Title 9030 Monroe Road, 400 N Myrtle Ave Houston, TX. 77061 Clearwater, Florida 33755 713-844-1303 727-562-4900 Telephone # Telephone # 713-844-1309 _727-562-4902 Facsimile # Facsimile # Email: g.lape@heathus.com 19.TERMINATION OF CONTRACT If Contractor shall fail to fulfill any of its obligations hereunder, this Contract shall be in default, the City may terminate the Contract, and Contractor shall be paid only for work completed. 20.CONFORMANCE WITH LAWS Contractor agrees to comply with all applicable federal, state and local laws during the life of this Contract, including but not limited to Florida Statute 556 under which a material portion of this Contract will be fulfilled. Item # 5 Attachment number 1 \nPage 6 of 34 21.GOVERNING LAW AND VENUE The laws of the State of Florida shall govern this Contract, and any action brought by either party shall lie in Pinellas County, Florida. IN WITNESS WHEREOF , the parties to the agreement have hereunto set their hands and seals and have executed this Contract, in duplicate, the day and year first above written. FOR THE CONTRACTOR (CONTRACTOR SEAL) By: ____________________________ Name: Gary Lape Title: Vice President, Operations _______________________________ Witness for the Contractor CITY OF CLEARWATER, FLORIDA Countersigned: _____________________________ By: ___________________________ George N. Cretekos William B. Horne, II Mayor City Manager APPROVED AS TO FORM: ATTEST: _____________________________ By:____________________________ Laura Mahony Rosemarie Call Assistant City Attorney City Clerk Item # 5 Attachment number 1 \nPage 7 of 34 Exhibit A Scope of Services Provide underground facility locating services as directed by CGS. Locating services will include emergency, short notice and regular locating request for CGS owned facilities and be performed during normal business hours from 7am - 4pm, Monday – Friday and during non- business hours, as approved by CGS. Contractor will charge CGS the following rates for services rendered hereunder: $ 8.75 Per ticket received from Florida Sunshine (including all ticket revisions and updates) $ 8.75 Per ticket for emergency locates services (business hours only) 44.00 $Per hour for After hours/emergency locates (only with CGS request or approval) 11.00 $ Per quarter hour Projects (exceeding 60 minutes) 44.00 $Damage Investigation Fee (flat fee) Contractor acknowledges that all Locate Ticket records are the property of CGS. CGS will notify Florida Sunshine State One Call (FL Sunshine) of its engagement with Contractor. CGS shall pay ticket fees assessed by FL Sunshine directly. Receive and record Locate Requests from CGS during Business Days as a part of normal business and receive and record Locate Requests from FL Sunshine during normal business hours. Locate Requests may be issued to contractor during non-business hours on an emergency basis only and must be approved by CGS. Contractor to provide sufficient qualified staff, office and field locating equipment to adequately perform locating services for CGS. Also provide compatible two-way communication with existing or future communication systems between office, staff and FL Sunshine. For each Locate Request, review CGS facilities maps, determine where conflicts exist between proposed excavation and CGS facilities and locate those areas in the time frame specified by State Statute 556 (currently two business days). Respond to and site visit every Locate Request from FL Sunshine and locate any and all facilities belonging to CGS, included in the description on the Locate Request and in the time frame specified by FL State Statute 556 (currently two business days). Complete all Locate Requests in the time frame specified by FL State Statute 556 (currently two business days) and close out these Locate Requests with the proper response to FL Sunshine. When requested by CGS, Contractor shall provide one free site visit, at a previously located ticket, to verify locate with the excavator to ensure the safety and accuracy of the work performed. Use equipment capable of distinguishing CGS facilities from that of other underground utilities. Item # 5 Attachment number 1 \nPage 8 of 34 Locate service lines and other facilities in Right of Ways and Easements to a reasonable distance onto private property. Shovel or vacuum excavate pipelines and segments that are difficult to locate, repair broken wire segments and install/maintain locate stations to complete locates Use a marking medium such as: paint and/or flags. Colors are to be in accordance with state law and industry standards. Designate a single point of contact between Contractor and CGS to serve as a liaison for receipt of CGS facility maps. Contractor shall be responsible for requesting revised copies of CGS facility maps. Contractor shall retain and safeguard CGS system maps and records. Maps and records shall not be disclosed to or made available to any entity without the expressed written consent of CGS. Contact CGS for assistance after having exhausted reasonable efforts to locate any identifiable, but un-locatable facilities, notify the Excavator of the presence of CGS’s facilities and inform Excavator to suspend any digging activities until CGS personnel are on site. Obtain name, phone number and other pertinent information of Excavator person or persons notified of locates not being completed for any reason, whether responded to with Positive Response Codes. Notify CGS of any discrepancies or omissions in the records or other information provided to Contractor by CGS to the extent such discrepancies and omissions can be determined by Contractor. Draw simple as-builts, when main is found in different location than CGS records depict Establish positive working relationships with contractors and maintain clear communication channels to ensure the safety of the system and the public. Gas locates shall include propane tanks and related underground piping systems. In addition, will include master meter underground infrastructure at Royal Stewart Arms, Mission Hills and Ridgecrest per local agreements. Allow CGS to back charge for locates passed-on that were accomplished with minimal effort. Contractor is responsible for any late ticket charges and may be charged for any missed locate damages, pending investigation. Item # 5 Attachment number 1 \nPage 9 of 34 Exhibit B Contractor Proposal Item # 5 Attachment number 1 \nPage 10 of 34 REQUEST FOR PROPOSALS CITY OF CLEARWATER, FLORIDA Notice is hereby given that the City of Clearwater will be receiving sealed proposals at Natural Gas Distribution Main & Service Line Locating RFP NO. 04-13 PROPOSAL DUE DATE: WEDNESDAY, NOVEMBER 21, 2012, 4:00 PM EST AT THE CITY OF CLEARWATER PURCHASING DIVISION The City is seeking experienced and qualified firms that demonstrate the highest level of ability, professionalism and expertise. Six (6) copies of each proposal shall be submitted in a sealed envelope and plainly marked: Request for Proposal for Natural Gas Distribution Main & Service Line Locating, RFP NO. 04-13 nd Issued at Clearwater, Florida, this 22 day of October, 2012. Prepared By: Brian Langille, PE, CEM Operations Manager Clearwater Gas System 400 N Myrtle Ave Clearwater, FL 33755 Item # 5 Attachment number 1 \nPage 11 of 34 TABLE OF CONTENTS OVERVIEW ________________________________________________________________________ 1 SPECIFIC REQUIREMENTS ____________________________________________________________ 4 SITE VISIT _________________________________________________________________________ 4 PROPOSAL SUBMITTAL ______________________________________________________________ 5 SELECTION COMMITTEE _____________________________________________________________ 5 TENTATIVE SCHEDULE ______________________________________________________________ 6 FAMILIARITY WITH LAWS ____________________________________________________________ 6 RFP INQUIRIES AND ADDENDA _______________________________________________________ 6 APPROPRIATIONS CLAUSE ___________________________________________________________ 6 PUBLIC ENTITIES CRIME STATEMENT ___________________________________________________ 7 BID SECURITY _____________________________________________________________________ 7 DRUG-FREE WORKPLACE REQUIREMENTS ______________________________________________ 7 OPERATOR QUALIFICATION __________________________________________________________ 8 BID PROTEST PROCEDURE ___________________________________________________________ 9 NO CORRECTIONS CLAUSE ___________________________________________________________ 9 RETENTION/DISPOSAL OF RFPS CLAUSE ________________________________________________ 9 LEGAL NAME CLAUSE _______________________________________________________________ 9 OPENNESS OF PROCUREMENT CLAUSE _________________________________________________ 9 NO COLLUSION CLAUSE ____________________________________________________________ 10 QUALIFICATIONS OF VENDORS ______________________________________________________ 10 EXECUTION OF CONTRACT __________________________________________________________ 11 TIME OF COMPLETION _____________________________________________________________ 11 INSURANCE REQUIREMENTS ________________________________________________________ 11 INFORMALITY WAIVING/BID REJECTIONS CLAUSE _______________________________________ 15 PROPOSAL _______________________________________________________________________ 16 CERTIFIED CHECK, CASH OR BID BOND ________________________________________________ 17 CONTRACTOR'S AFFIDAVIT__________________________________________________________ 18 CONTRACTOR'S RELEASE ___________________________________________________________ 19 STATEMENT OF SURETY COMPANY ___________________________________________________ 20 PERFORMANCE - PAYMENT BOND ___________________________________________________ 21 CERTIFICATE OF INSURANCE ________________________________________________________ 23 Item # 5 Attachment number 1 \nPage 12 of 34 OVERVIEW and operates a . CGS has approximately 840 miles of distribution gas mains that operates between 8 60 PSI and serves approximately 18,000 natural gas customers over a 330 square mile service territory. Proposals are now sought from qualified to provide natural gas main & service line locating services for CGS. CGS generally serves natural gas to north Pinellas County (i.e., north of Ulmerton Rd) and Southwest Pasco County (Pinellas/Pasco county line to State Rd 52 and Ehren Cutoff Rd). In addition, CGS serves the beach communities from Clearwater down to Redington Beach. Currently, CGS performs all line-spotting functions with two (2) internal employees. However, CGS would like to outsource this job function to a qualified Locator. The expectation is the Locator will be able to work independently, with minimal assistance/supervision from CGS. Below is some general information on our distribution system, along with a company profile. azŒ;­ šEbҒ,;© šE{ғ­wz“; z-‰;·­ /šÒ“·äaz“{;©Ýz-; Œz“;­w;-;zÝ;7[š-·;7 tz“;ŒŒ­ r r r t­-š r r r š·Œ r r r Additional information, such as GIS shapefiles, depicting the exact location of our main & service locations can be made available upon request. Our current method of receiving locate tickets is through the Irthnet (FL Sunshine) website. Each line locator has a laptop in their vehicle to receive electronic tickets throughout the work day. Item # 5 1 Attachment number 1 \nPage 13 of 34 Item # 5 2 Attachment number 1 \nPage 14 of 34 2011 PHMSA Report Item # 5 3 Attachment number 1 \nPage 15 of 34 SPECIFIC REQUIREMENTS Below are items/requirements that need to be included in the Proposal to CGS. Provide a cost to perform line spotting services for the following: Pinellas County o Pasco County o Include a cost breakdown (i.e., daily and/or cost per ticket) for EACH county o Cost to perform emergency locate tickets for System Respond to emergency locates during normal business hours CGS to respond to afterhours emergency locates o Vendor will supply their own locating equipment, possibly to include Ground Penetrating Radar (GPR) CGS to supply paint, flags, marker poles, tracer wire and connectors o Must utilize Operator Qualified (OQ) employees Must complete locate within the 48 hour timeline as required by FL Statute 556. Shovel or vacuum excavates high priority pipelines and segments that are difficult to locate Repair broken wire segments and install/maintain locate stations to complete locates Work with contractors to identify located segments Respond for follow-up questions or clarifications Vendor is responsible for any late ticket charges Vendor may be charged for any missed locate damages, pending investigation Draw simple as-builts, when main is found in different location than CGS records show Communicate with CGS personnel to identify any abnormal operating conditions SITE VISIT To better prepare a response/proposal to this RFP, each proposer may visit the CGS Administrative & Operations facility @ 400 N Myrtle Ave, Clearwater, FL. Arrangements to visit the Site can be made by contacting Mr. Brian Langille, Operations Manager, Clearwater Gas System, via telephone at (727) 562-4911 or via email at brian.langille@clearwatergas.com. thth Appointments will be scheduled between Oct 30 Nov 19. Item # 5 4 Attachment number 1 \nPage 16 of 34 PROPOSAL SUBMITTAL Six (6) copies of the proposal shall be submitted to: If submitted by mail: Michael Murray Purchasing Manager Purchasing Division of the City of Clearwater P.O. Box 4748 Clearwater, Florida 33758 If submitted in person: Michael Murray Purchasing Manager Purchasing Division of the City of Clearwater 100 South Myrtle Avenue Clearwater, FL 33756 Note: All copies must be submitted and received by City/CGS no later than 4:00 p.m. on Friday, November 16, 2012. SELECTION COMMITTEE Selection Committee will consist of a minimum of five (5) employees from certain departments within the City of Clearwater. The Committee will choose the top 2-3 vendors, based on initial RFP submittals, for a scheduled interview in Clearwater. After interviews are complete, the Committee will score the companies based on the criteria below: Items of Consideration Maximum Points 1. Annual cost 25 2. Company experience: Line locating services 25 3. Manager experience: 20 4. Company proposal/presentation 15 5. Company references 15 Total possible points 100 The services solicited will be evaluated on the basis of competitive proposals. Evaluation criteria will include your time and materials submittal, as well as experience and availability to provide necessary manpower and expertise to accomplish the work in a timely and cost-efficient manner. Proposers shall not be entitled to payment for any expenses incurred in the preparation of its proposal. Item # 5 5 Attachment number 1 \nPage 17 of 34 TENTATIVE SCHEDULE nd Oct 22: Advertise RFP th Oct 30 Nov 19: Site visits (if necessary) st Nov 21: RFP submittal due date (4pm) th Nov 26 30: Vendor presentations (Clearwater) rd Dec 3: Select vendor for project th Dec 20: City Council approval Jan 2013: Commence locating services FAMILIARITY WITH LAWS Each consultant shall be responsible for full and complete compliance with, and by submitting a proposal certifies that it is familiar with, all federal, state and local laws, ordinances, rules and regulations. RFP INQUIRIES AND ADDENDA Each proposer shall examine all RFP documents and shall judge all matters relating to the adequacy of such documents. Any inquiries, suggestions or requests concerning interpretation, clarification, or additional information pertaining to the RFP shall be made in writing a minimum Michael Murray, at P.O. Box 4748, Clearwater, FL 33758-4748; or Fax (727) 562-4635. Facsimiles must have a cover sheet which shall inc address, number of pages transmitted, phone number, and facsimile number. Inquiries may also be emailed to Michael.Murray@myclearwater.com. Neither City nor CGS shall be responsible for oral interpretations given by any City or CGS employee, representative, or others. The issuance of a written addendum is the only official method whereby interpretation, clarification, or additional information may be given. If any addenda are issued to this RFP, City/CGS will attempt to notify all proposers who have secured Manager at (727) 562-4633 to determine if any addenda were issued and to make such addenda a part of the proposal prior to the submission of a proposal. APPROPRIATIONS CLAUSE City, as a governmental entity, is subject to the appropriation of funds by its legislative body in an amount sufficient to allow the continuation of its performance in accordance with the terms Item # 5 6 Attachment number 1 \nPage 18 of 34 and conditions of the Agreement for each and every fiscal year following the fiscal year in which this contract is executed and entered into and for which the Agreement shall remain in effect. Upon receipt of notice that sufficient funds are not available to continue its full and faithful performance of the Agreement, City/CGS shall provide prompt written notice of such event. Effective thirty (30) days after giving such notice or upon the expiration of the period of time for which the funds were appropriated, whichever occurs first, City/CGS shall thereafter be released of all further obligations in any way related to the Agreement. PUBLIC ENTITIES CRIME STATEMENT Pursuant to Florida Statute 287-132-133, effective July 1, 1989, the City of Clearwater, as a public entity, may not accept any proposal from, award any contract to, or transact any business in excess of the threshold amount provided in Section 287.017, F.S., for Category Two (currently $35,000) with any person or affiliate on the convicted vendor list for a period of 36 months from the date that person or affiliate was placed on the convicted vendor list unless that person of affiliate has been removed from the list pursuant to Section 287.133 (3)(f), F.S. If you submit a proposal in response to this request, you are certifying that Florida Statute 287.132 and 287.133 does not restrict your submission. BID SECURITY Each bidder must deposit a bid bond in the amount of ten percent (10%) of the total annual cost referenced in the Proposal, made payable to the City of Clearwater, which sum will serve as bid security and will be forfeited to the City of Clearwater as liquidated damages in the event an award is made and the contract and bonds are not promptly and properly executed as required. 60 All bids may be held for a period of days after receipt. All certified checks, except those accompanying the two lowest bids, will be returned by certified mail to the unsuccessful bidders within seven (7) days after the date of the bid opening. (If the signing of the contract be deferred for a period exceeding two (2) weeks, and the second low bidder desires to substitute a bid bond for his certified check and the bid bond fully guarantees his bid, he shall be permitted to do so). The certified checks accompanying the two low bids will be returned within three (3) days after the Owner and the successful bidder have executed the contract. In the event no contract award is made within the time limit specified, each certified check or bid bond will be returned upon the demand of the bidder. DRUG-FREE WORKPLACE REQUIREMENTS In order to comply with Florida Statutes, all proposers will be required to complete a Drug Free Workplace form (F.S. 287.087). Preference will be given to businesses with drug-free workplace programs. Whenever two or more proposals that are equal with respect to price, quality and service are received by the City for the procurement of commodities or contractual services, a proposal received from a business Item # 5 7 Attachment number 1 \nPage 19 of 34 that certifies that it has implemented a drug-free workplace program shall be given preference in the award process. Established procedures for processing tie proposals will be followed if none of the tied proposers have a drug-free workplace program. Drug and Alcohol In addition, the Contractor agrees that it has in place, or will implement a Training and Testing Program for their employees that comply with the requirements of the United States Department of Transportation, Title 49, Pipeline Safety Regulations, Part 199. The contractor will also furnish quarterly statistical reports to CGS to show active compliance. The Contractor further agrees to allow access to its property and records by the Human Resources Director, or appointed designee, of the City of Clearwater. The Contractor will permit representatives of state or federal agencies who monitor the compliance of Drug and Alcohol rules/regulations access to its property and records. The contractor shall furnish quarterly statistical reports to the Operations Coordinator. Said program shall provide pre-employment, random, for cause and post accident drug training and testing (alcohol for cause testing) for all of its employees as required by Federal regulations and who are assigned to perform services for Clearwater Gas System. The contractor shall attest in writing, the following: 1. That the contracting firm has an agreement with a drug testing laboratory certified by HHS/NIDA and an alcohol testing facility; 2. The name and address of the Medical Review Officer retained by the contractor for the drug and alcohol testing program; 3. That all employees of the contractor have been drug tested pre-employment; and 4. That all employees covered by the US Department of Transportation Regulation 199 receive random, for cause and post accident drug testing and alcohol testing for cause pursuant to such regulation. Prior to doing any work for CGS, the vendor will submit a copy of their current Drug and Alcohol Testing Policy. This policy should be included in their Proposal. OPERATOR QUALIFICATION Contractor employees and their subcontractors must meet the requirements and intent of the Code of Federal Regulations (CFR) 49 Part 192.801, 192.803, 192.805, 192.807 and 192.809 relating to with mandatory knowledge, skill and abilities, training to be completed by December 31, 2012. The contractor must state in writing that their Operator Qualification plan is in conformance with the intent of Federal Operator Qualification Regulations and is at least equal to and applicable to C Operator Qualification Plan. OQ and all Training Documentation shall be furnished upon Item # 5 8 Attachment number 1 \nPage 20 of 34 have the ability to identify and react to natural gas related Abnormal Operating Conditions that may be encountered while working on the gas pipeline facility. Contractor Employee Operator Failure to Qualification, Knowledge, Skill and Ability records will be kept for a 5 year period. provide proof of Operator Qualification compliance, and successful maintenance will disqualify the bidder from consideration for the award of this contract. Training records shall be made available to CGS for auditing. BID PROTEST PROCEDURE Any actual or prospective proposer who is aggrieved in connection with the solicitation or award of a contract may seek resolution of his/her complaints by contacting the Purchasing Manager. NO CORRECTIONS CLAUSE Once a proposal is submitted, the City/CGS shall not accept any request by any proposer to correct errors or omissions in any proposal submitted. RETENTION/DISPOSAL OF RFPS CLAUSE City/CGS reserve the right to retain all proposals submitted for official record purposes and to use any ideas in a proposal regardless of whether that proposal is selected. Submission of a proposal indicates acceptance by the proposer of the conditions contained in this RFP and all attached exhibits, unless clearly and specifically noted in the Agreement between City/CGS and the selected proposer. City/CGS also reserves the right to dispose of any or all copies of proposals in whatever manner it deems appropriate. No copies of proposals will be returned to the proposer. LEGAL NAME CLAUSE Proposals shall clearly indicate the legal name, address and telephone number of the proposer (company, firm, partnership, individual). Proposals shall be signed above the typed or printed name and the title of the signer shall be indicated. To constitute a valid proposal, the signer must have authority to bind the proposer to the submitted proposal. OPENNESS OF PROCUREMENT CLAUSE Written proposals, other submissions, correspondence, and all records made thereof, as well as negotiations conducted pursuant to the RFP, shall be handled in compliance with Chapters 119 and 286 of Florida Statutes. Neither the City nor CGS shall give any assurance as to the confidentiality of any portion of any proposal once submitted. Item # 5 9 Attachment number 1 \nPage 21 of 34 NO COLLUSION CLAUSE By offering a submission to the RFP, the proposer certifies that the proposer has not divulged to, discussed or compared his/her competitive proposal with other proposers and has not colluded with any other proposers or parties to this competitive proposal whatsoever. Also, the proposer certifies, and in case of joint competitive proposal each party thereto certifies as to its own organization, that in connection with the competitive proposal: a)any prices and/or cost data submitted have been arrived at independently, without consultation, communication, or agreement, for the purpose of restricting competition, as to any matter relating to such prices and/or cost data, with any other proposer or with any competitor; b)any price and/or cost data quoted for this competitive proposal have not been knowingly disclosed by the proposer, directly or indirectly to any other proposer or competitor, prior to the scheduled award of the contract; c)no attempt has been made or will be made by the proposer to induce any other person or firm to submit or not to submit a competitive proposal for the purpose of restricting competition; d)the only person or persons interested in this competitive proposal, principal or principals is/are named therein and no person, other than those named therein, has any interest in this competitive proposal or in the Agreement to be entered into; and e)no person or agency has been employed or retained to solicit or secure the Agreement upon an agreement or understanding for a commission, percentage, brokerage, or contingent fee, excepting bona fide employees or established commercial agencies maintained by the proposer for the purpose of doing business. QUALIFICATIONS OF VENDORS The Owner may make such investigations as necessary to determine the ability of the vendor to perform the work, and the vendor shall furnish to the Owner any additional information and financial data for this purpose as the Owner may require. If such an investigation fails to satisfy the Owner that the vendor is properly qualified to complete the work described Specific , the proposal may be rejected. In the event the vendor fails, refuses, or neglects to submit the requested additional information within ten (10) days of the date of any request for submission, the proposal guarantee (Bid Security) shall be forfeited to the use of the Owner, not as a penalty, but as liquidated damages. Item # 5 10 Attachment number 1 \nPage 22 of 34 In addition to qualifications previously set forth, no proposal will be considered unless the bidder, whether resident or non-resident of Florida, is properly qualified to submit a proposal in accordance with all applicable laws of the Municipality, County, and the State of Florida. EXECUTION OF CONTRACT The vendor to whom the contract is awarded must, within ten (10) calendar days following Notice of Award, present himself to the place designated in the official Notice of Acceptance, for signing of the contract, and to substitute for the bid security, a surety performance and payment bond in the amount of thirty per centum (30%) of the annual contract price of the work, conditioned that the vendor will faithfully perform all work of this contract and promptly pay for all materials furnished and labor supplied or performed in the execution of all work. All bonds and insurance shall be issued by companies authorized to transact business in the State of Florida. If the bidder to whom the contract is awarded fails to give bonds or execute the contract within the time specified, the amount of the proposal guarantee shall be forfeited to the Owner, not as a penalty but as liquidated damages. TIME OF COMPLETION The successful vendor shall commence work under contract on a date to be specified in a written contract from the Owner or his authorized representative. The time of completion for this 12 months from contract execution. contract will be The Contractor shall have at least two (2) weeks notice of this commencement date and shall fully complete the work described in the Contract and specifications , prior to the completion date. If the Contractor fails to commence work within seven (7) days of the announcement of the official starting date, this shall be just cause for the annulment of the contract. INSURANCE REQUIREMENTS The Proposer shall, at its own cost and expense, acquire and maintain (and cause contractors and subcontractors, if utilized, to acquire and maintain) during the term with the City, sufficient insurance to adequately protect the respective interest of the parties. Specifically the Proposer must carry the following minimum types and amounts of insurance on an occurrence basis or in the case of coverage that cannot be obtained on an occurrence basis, then coverage can be obtained on a claims-made basis with a minimum three (3) year tail following the termination or expiration of the Agreement. These insurance requirements shall not limit the liability of the Proposer. The City does not represent that these types or amounts of insurance to be sufficient or adequate to protect the Proposer Item # 5 11 Attachment number 1 \nPage 23 of 34 u COMMERCIAL GENERAL LIABILITY: $1,000,000 per occurrence, including but not limited to, bodily injury, personal injury, property damage, premises- operations, products/completed operations, contractual liability, independent contractors, and liability assumed under an insured contract. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. u AUTOMOBILE LIABILITY: $1,000,000 per accident combined single limit, for bodily injury and property damage for any owned, non-owned, hired, or borrowed automobile. u Proposer will obtain and maintain during the life in accordance with the laws of the State of Florida, for all of Proposer u S LIABILITY: $100,000 each employee, each accident, and $100,000$500,000 each employee/ policy limit for disease, and which meets all state and federal laws. Coverage must be applicable to employees, contractors, and subcontractors, if any. u WATERCRAFT/AIRCRAFT LIABILITY: If the Proposer involves utilization of watercraft or aircraft, watercraft and/or aircraft liability coverage must be provided to include bodily injury and property damage arising out of ownership, maintenance or use of any watercraft or aircraft, including owned, non- owned and hired. ACCEPTABILITY OF INSURERS: Insurance must be placed with insurers with a current -VII. DEDUCTIBLES AND SELF-INSURED RETENTIONS: Any deductibles or self-insured retentions must be declared to and approved by the City. The City may require the Proposer to provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. ADDITIONAL INSURED: The City is to be specifically included as an additional insured on OTHER INSURANCE PROVISIONS: The General Liability and Automobile Liability policies are to contain, or be endorsed to contain, the following provisions: u PRIMARY INSURANCE COVERAGE: For any claims related to this Agreement, the Proposers Item # 5 12 Attachment number 1 \nPage 24 of 34 officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of the Proposer u RIGHT OF RECOVERY: Proposer waives its right of recovery against the City, to the extent permitted by its insurance policies. u SEVERABILITY OF INTEREST/CROSS LIABILITY PROVISION : The Proposer Severability of Interest/Cross Liability provision so the City will be treated as if a separate policy were in existence without increasing the policy limits. u HOLD HARMLESS/INDEMNIFICATION: The Proposer shall defend, indemnify, save and hold the City harmless from any and all claims, suits, judgments and liability for death, personal injury, bodily injury, or property damage arising directly or indirectly from any performance under the Agreement, or a subsequent purchase order or contract entered into by City and Proposer, its employees, subcontractors, or assigns, including legal fees, court costs, or other legal expenses. Proposer acknowledges that it is solely responsible for complying with the terms of the Agreement or a purchase order or contract arising out of the Agreement. The City shall also be held harmless against all claims for financial loss with respect to the provision of or failure to provide professional or other services resulting in professional, malpractice, or errors or omissions liability arising out of performance negligence. u NOTICE OF CANCELLATION OR RESTRICTION: Each insurance policy required by this clause shall be endorsed to state that coverage shall not be canceled by either party, except after thirty (30) days prior written notice sent via certified mail, return receipt requested, has been given to the City. It is the Proposer responsibility to ensure the notice requirement is met. CERTIFICATE OF INSURANCE/CERTIFIED COPIES OF POLICIES: The Proposer, if selected, will provide the City with a Certificate or Certificates of Insurance showing the existence of coverage as required by the Agreement. In addition, the Proposer will provide to the City, if asked in writing, certified copies of all policies of insurance. The Proposer will maintain the required coverage with a current Certificate or Certificates of Insurance throughout the term of the Agreement with the City. New certificates and new certified copies of policies shall be provided to the City whenever any policy is renewed, revised, or obtained from other insurers. The address where such certificates and certified policies shall be sent or delivered is as follows: City of Clearwater Item # 5 13 Attachment number 1 \nPage 25 of 34 Attention: Clearwater Gas Systems P.O. Box 4748 Clearwater, FL 33758-4748 SUBCONTRACTORS: Proposer shall require and verify all subcontractors, if used, maintain herein prior to beginning work. LOSS CONTROL/SAFETY: Precaution shall be exercised at all times by the Proposer for the protection of all persons, including employees, and property. The Proposer shall be expected to comply with all applicable laws, regulations, or ordinances related to safety and health, and shall make special efforts where appropriate to detect hazardous conditions, and shall take prompt action where loss control/safety measures should reasonably be expected. The City may order work to be stopped if conditions exists that present immediate danger to persons or property. The Proposer acknowledges that such stoppage will not shift responsibility for any damages from the Proposer to the City. ADDITIONAL INSURANCE FOR REPAIR OR SERVICE OR OTHER CONTRACTS: If checked below, the City requires the following additional provisions or types of insurance for repair or service or other contracts to afford added protection against loss which could affect the work being performed: __X__ is to be purchased to cover loss of equipment and machinery utilized in the performance of work by the Proposer. All risks coverage is preferred. PROFESSIONAL LIABILITY, MALPRACTICE AND/OR ERRORS OR OMISSIONS: If checked below the City requires the following terms and types of insurance for professional, malpractice, and errors or omissions liability. PROFESSIONAL LIABILITY/MALPRACTICE/ERRORS OR OMISSIONS __X__ INSURANCE: The Proposer shall purchase and maintain professional liability or malpractice or errors or omissions insurance appropriate for the type of business engaged in by the Proposer with minimum limits of $1,000,000 per occurrence. If a claims made form of coverage is provided, the retroactive date of coverage shall be no later than the inception date of claims made coverage, unless prior policy was extended indefinitely to cover prior acts. Coverage shall be extended beyond the policy year either by a supplemental extended reporting period (ERP) of as great a duration as available, and with no less coverage and with reinstated aggregate limits, or by requiring that any new policy provide a retroactive date no later than the inception date of claims made coverage. Item # 5 14 Attachment number 1 \nPage 26 of 34 WRITTEN AGREEMENT/CONTRACT: Any party providing services or products to the City will be expected to enter into a written agreement, contract or purchase order with the City that incorporates, either in writing or by reference, all of the pertinent provisions relating to insurance and insurance requirements as contained herein. A failure to do so may, at the sole discretion of the City, disqualify any Party from performing services or selling products to the City provided, however, the City reserves the right to waive any such requirements. INFORMALITY WAIVING/BID REJECTIONS CLAUSE City/CGS may reject a proposal if: a)The proposer misstates or conceals any materials fact in the proposal; or b)The proposal does not strictly conform to the law or requirements of the RFP. The City of Clearwater reserves the right to waive any informalities or to accept or reject any or all bids in part or in total and award the contract in the best interest of the City. Item # 5 15 Attachment number 1 \nPage 27 of 34 PROPOSAL TO: City of Clearwater (d/b/a Clearwater Gas System) The following proposal is submitted in accordance with RFP #04-13, inviting proposals to be November 9, 2012 received until Locating. Having carefully examined the RFP document and being familiar with the various conditions of the work, the undersigned herein agrees to furnish all materials required and to perform all labor necessary to satisfactorily complete such work. Accompanying this proposal is a Certified or Cashier's Check or Bid Bond in the amount of ten percent (10%) of the bid total drawn upon the ________________________________ BANK and made payable to the City of Clearwater, to serve as bid security. The undersigned hereby certifies that this proposal is genuine and not sham or collusive, or made in the interest or in behalf of any person, firm, or corporation not herein named and that the undersigned has not directly or indirectly induced or solicited any other bidder to submit a sham bid, or any other person, firm or corporation to refrain from bidding, and that the undersigned has not in any manner sought by collusion to secure for himself an advantage over any other bidder. ATTEST: __________________________________ Bidder's Business Name ______________________________ By: ______________________________ Corporate Secretary Officer (or Principal) __________________________________ Title AFFIX CORPORATE SEAL, if a corporation Business Address: ____________________________ Business City/State/Zip Code _________________________ Business Telephone Number Item # 5 16 Attachment number 1 \nPage 28 of 34 CERTIFIED CHECK, CASH OR BID BOND (Attach certified check, cash or bid bond here) Item # 5 17 Attachment number 1 \nPage 29 of 34 CONTRACTOR'S AFFIDAVIT STATE OF FLORIDA COUNTY OF Before me, the undersigned, a Notary Public, duly commissioned, qualified and acting in and for said County and State personally appeared _______________________________________ (Individual, Partner, or duly authorized representative of Corporate Contractor) who being duly sworn according to law deposes and says that all labor, material and outstanding claims and indebtedness of whatever nature arising out of the performance of the contract of the (Owner) with _________________________________________________(Contractor) have been paid in full. ______________________________________________________________________________ (Individual, Partner, or duly authorized representative of Corporate Contractor) Sworn to and subscribed before me this day of , 201_. _____________________________________ Notary Public SEAL Commission expires: ___________________ Item # 5 18 Attachment number 1 \nPage 30 of 34 CONTRACTOR'S RELEASE KNOW ALL MEN BY THESE PRESENTS that ____________________________________, a Contractor in the County of ______________ and State of ____________________, do hereby acknowledge that (Contractor) this day has had and received of and from the City of Clearwater, the sum of One Dollar and other valuable consideration in full satisfaction and payment of all sums of money owing, payable and belonging to (Contractor) by any means whatsoever, for on account of a certain agreement between the said City of Clearwater and _____________ _____________________________________________________________ (Contractor) dated. NOW THEREFORE, the said (Contractor)(for myself, my heirs, executors and administrators)(for itself, its successors and assigns) do by these presents remise, release, quitclaim and forever discharge the said City of Clearwater, its successors and assigns, of and from all claims and demands arising from or in connection with the said agreement dated ________________________, and of and from all, and all manner of action and actions, cause and causes of action and actions, suits, debts, dues, sums and sums of money, accounts, reckonings, bonds, bills, specialties, covenants, contracts, agreements, promises, variances, damages, judgments, extents, executions, claims and demand, whatsoever in law or equity, or otherwise which against the said City of Clearwater, its successors or assigns, the Contractor, its heirs, successors and assigns ever had, now have, or which (I, my heirs, executors, or administrators)(it, its successors and assigns) hereafter can, shall or may have, for, upon or by reason of any matter cause or thing whatsoever, from the beginning of the world to the date of these presents. IN WITNESS WHEREOF, (Contractor) has caused these presents to be duly executed the day of , 201__. Signed, Sealed and Delivered in the presence of: ________________________(SEAL) (Individual Contractor) ATTEST: (SEAL) (Partnership Contractor) By (SEAL) (Secretary) (Partner) ____________________________ (Corporation) AFFIX CORPORATE SEAL, if a corporation By___________________________ (President or Vice President) Item # 5 19 Attachment number 1 \nPage 31 of 34 STATEMENT OF SURETY COMPANY In accordance with the provisions of the contract dated between the City of Clearwater, Owner of and (Contractor) of , the (Surety) surety on the bond of (Contractor) after a careful examination of the books and records of said Contractor or after receipt of an affidavit from Contractor, which examination or affidavit satisfies this company that all claims for labor and materials have been satisfactorily settled, hereby approves of final payment of the said_________________________(Contractor), Contractor, and by these presents witnesseth that payment to the Contractor of the final estimates shall not relieve the Surety Company of any of its obligations to the ________________ by the said Surety Company's Bond. IN WITNESSETH WHEREOF, the said Surety Company has hereunto set its hand and seal this day of , 201__. ATTEST: SEAL By_________________________________ (President, Vice President) Note: This statement, if executed by any person other than the President or Vice President of the Company, must be accompanied by a certificate of even date showing authority conferred upon the person so signing to execute such instruments on behalf of the Company represented. Item # 5 20 Attachment number 1 \nPage 32 of 34 PERFORMANCE - PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS: That we ______________________, a Corporation (Corporation-Partnership-Sole Proprietor, Etc.), hereinafter called "Principal" and ________________________________(Surety) of , State of Florida, hereinafter called the "Surety," are held and firmly bound unto the ________________, hereinafter called "Owner" in the penal sum of Dollars, in lawful money of the United States for the payment of which sum will and truly be made, we bind ourselves, our heirs, executors, administrators, and successors, jointly and severally firmly by these presents. THE CONDITIONS OF THIS OBLIGATION is such that Whereas, the Principal entered into a certain contract with the Owner, dated the day of , 201 , a copy of which is attached hereto and made a part hereof for the construction of: Natural Gas Distribution Main & Service Line Locating NOW. THEREFORE, if the Principal shall, truly and faithfully perform its duties, all the undertakings, covenants, terms, conditions and agreements of said contract during the original term thereof, and any extensions thereof which may be granted by the Owner, with or without notice to the Surety, and if he shall satisfy all claims and demands incurred under such contract, and shall fully indemnify and save harmless the Owner from all costs and damages which it may suffer by reason of failure to do so, and shall reimburse and repay the Owner all outlay and expense which the Owner may incur in making good any default, and shall promptly make payment to all persons, firms, subcontractors, and corporations furnishing materials for or performing labor in the prosecution of the work provided for in such contract, and any authorized extension or modification thereof, including all amounts due for materials, lubricants, oil, gasoline, repairs on machinery, equipment and tools, consumed or used in connection with the construction of such work, and all insurance premiums on said work, and for all labor, performed in such work whether by subcontractor or otherwise, then this obligation shall be void; otherwise to remain in full force and effect. PROVIDED, FURTHER, that the said Surety, for the value received hereby stipulates and agrees that no change, extension of time, alterations or additions to the terms of the contract or to the work to be performed hereunder or the specifications accompanying the same shall in anyway affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract or to the work or to the specifications. Item # 5 21 Attachment number 1 \nPage 33 of 34 PROVIDED, FURTHER, that no final settlement between the Owner and the Contractor shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied. IN WITNESS WHEREOF, the said Principal and Surety have duly executed this instrument under seal in counterparts, each one of which shall be deemed an original, this the ___day of , 201__. ATTEST: ___________________________ (Principal) _____________________________ (Principal) Secretary By ___________________________ (SEAL) ______________________________ (Address) ______________________________ ______________________________ (City/State/Zip) (Witness as to Principal) ______________________________ (Address) ______________________________ (City/State/Zip) ______________________________ (Surety) ATTEST: By ___________________________ (Surety) (SEAL) _ (Address) _____________________________ (Witness as to Surety) _____________________________ (Address) _____________________________ (City/State/Zip) Note: Date of Bond must not be prior to date of Contract. Item # 5 22 Attachment number 1 \nPage 34 of 34 CERTIFICATE OF INSURANCE (Attach insurance certificates here) Item # 5 23 Attachment number 2 \nPage 1 of 96 Item # 5 Attachment number 2 \nPage 2 of 96 Item # 5 Attachment number 2 \nPage 3 of 96 Item # 5 Attachment number 2 \nPage 4 of 96 Item # 5 Attachment number 2 \nPage 5 of 96 Item # 5 Attachment number 2 \nPage 6 of 96 Item # 5 Attachment number 2 \nPage 7 of 96 Item # 5 Attachment number 2 \nPage 8 of 96 Item # 5 Attachment number 2 \nPage 9 of 96 Item # 5 Attachment number 2 \nPage 10 of 96 Item # 5 Attachment number 2 \nPage 11 of 96 Item # 5 Attachment number 2 \nPage 12 of 96 Item # 5 Attachment number 2 \nPage 13 of 96 Item # 5 Attachment number 2 \nPage 14 of 96 Item # 5 Attachment number 2 \nPage 15 of 96 Item # 5 Attachment number 2 \nPage 16 of 96 Item # 5 Attachment number 2 \nPage 17 of 96 Item # 5 Attachment number 2 \nPage 18 of 96 Item # 5 Attachment number 2 \nPage 19 of 96 Item # 5 Attachment number 2 \nPage 20 of 96 Item # 5 Attachment number 2 \nPage 21 of 96 Item # 5 Attachment number 2 \nPage 22 of 96 Item # 5 Attachment number 2 \nPage 23 of 96 Item # 5 Attachment number 2 \nPage 24 of 96 Item # 5 Attachment number 2 \nPage 25 of 96 Item # 5 Attachment number 2 \nPage 26 of 96 Item # 5 Attachment number 2 \nPage 27 of 96 Item # 5 Attachment number 2 \nPage 28 of 96 Item # 5 Attachment number 2 \nPage 29 of 96 Item # 5 Attachment number 2 \nPage 30 of 96 Item # 5 Attachment number 2 \nPage 31 of 96 Item # 5 Attachment number 2 \nPage 32 of 96 Item # 5 Attachment number 2 \nPage 33 of 96 Item # 5 Attachment number 2 \nPage 34 of 96 Item # 5 Attachment number 2 \nPage 35 of 96 Item # 5 Attachment number 2 \nPage 36 of 96 Item # 5 Attachment number 2 \nPage 37 of 96 Item # 5 Attachment number 2 \nPage 38 of 96 Item # 5 Attachment number 2 \nPage 39 of 96 Item # 5 Attachment number 2 \nPage 40 of 96 Item # 5 Attachment number 2 \nPage 41 of 96 Item # 5 Attachment number 2 \nPage 42 of 96 Item # 5 Attachment number 2 \nPage 43 of 96 Item # 5 Attachment number 2 \nPage 44 of 96 Item # 5 Attachment number 2 \nPage 45 of 96 Item # 5 Attachment number 2 \nPage 46 of 96 Item # 5 Attachment number 2 \nPage 47 of 96 Item # 5 Attachment number 2 \nPage 48 of 96 Item # 5 Attachment number 2 \nPage 49 of 96 Item # 5 Attachment number 2 \nPage 50 of 96 Item # 5 Attachment number 2 \nPage 51 of 96 Item # 5 Attachment number 2 \nPage 52 of 96 Item # 5 Attachment number 2 \nPage 53 of 96 Item # 5 Attachment number 2 \nPage 54 of 96 Item # 5 Attachment number 2 \nPage 55 of 96 Item # 5 Attachment number 2 \nPage 56 of 96 Item # 5 Attachment number 2 \nPage 57 of 96 Item # 5 Attachment number 2 \nPage 58 of 96 Item # 5 Attachment number 2 \nPage 59 of 96 Item # 5 Attachment number 2 \nPage 60 of 96 Item # 5 Attachment number 2 \nPage 61 of 96 Item # 5 Attachment number 2 \nPage 62 of 96 Item # 5 Attachment number 2 \nPage 63 of 96 Item # 5 Attachment number 2 \nPage 64 of 96 Item # 5 Attachment number 2 \nPage 65 of 96 Item # 5 Attachment number 2 \nPage 66 of 96 Item # 5 Attachment number 2 \nPage 67 of 96 Item # 5 Attachment number 2 \nPage 68 of 96 Item # 5 Attachment number 2 \nPage 69 of 96 Item # 5 Attachment number 2 \nPage 70 of 96 Item # 5 Attachment number 2 \nPage 71 of 96 Item # 5 Attachment number 2 \nPage 72 of 96 Item # 5 Attachment number 2 \nPage 73 of 96 Item # 5 Attachment number 2 \nPage 74 of 96 Item # 5 Attachment number 2 \nPage 75 of 96 Item # 5 Attachment number 2 \nPage 76 of 96 Item # 5 Attachment number 2 \nPage 77 of 96 Item # 5 Attachment number 2 \nPage 78 of 96 Item # 5 Attachment number 2 \nPage 79 of 96 Item # 5 Attachment number 2 \nPage 80 of 96 Item # 5 Attachment number 2 \nPage 81 of 96 Item # 5 Attachment number 2 \nPage 82 of 96 Item # 5 Attachment number 2 \nPage 83 of 96 Item # 5 Attachment number 2 \nPage 84 of 96 Item # 5 Attachment number 2 \nPage 85 of 96 Item # 5 Attachment number 2 \nPage 86 of 96 Item # 5 Attachment number 2 \nPage 87 of 96 Item # 5 Attachment number 2 \nPage 88 of 96 Item # 5 Attachment number 2 \nPage 89 of 96 Item # 5 Attachment number 2 \nPage 90 of 96 Item # 5 Attachment number 2 \nPage 91 of 96 Item # 5 Attachment number 2 \nPage 92 of 96 Item # 5 Attachment number 2 \nPage 93 of 96 Item # 5 Attachment number 2 \nPage 94 of 96 Item # 5 Attachment number 2 \nPage 95 of 96 Item # 5 Attachment number 2 \nPage 96 of 96 Item # 5 Meeting Date: 2/4/2013 Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: Approve the formation of a City Defined Contribution Plan Investment Committee, approve the designated members of the Committee, and authorize the Committee to adopt such administrative documents as are necessary and execute all administrative functions pertaining to same. (consent) SUMMARY: The City currently provides for employee individual defined contribution retirement accounts in the form of a 401a Money Purchase Pension Plan administered by ICMA, and 457k Deferred Compensation Plans administered by ICMA and Nationwide. At the recommendation of the Citys defined contribution retirement plan advisor/consultant, Montgomery Retirement Plan Advisors, the City wishes to establish a Defined Contribution Plan Fiduciary Investment Committee. The purpose of the Committee would be to establish and maintain a Charter and Investment Policy Statement for the plans, select investment options, select investment managers, evaluate the plans investment performance and recommend investment option changes, and provide plan participant investment education and communication. The recommended Committee participants are the following five City employees: Finance Director, Cash and Investments Manager, Human Resources Director, Human Resources Benefits Manager, and one member of the City Benefits Committee who participates in at least one of the City defined contribution retirement plans to be chosen by the other members of the Benefits Committee. There is no additional cost to the City associated with this request. Review Approval: 1) Office of Management and Budget 2) Legal 3) Clerk 4) Assistant City Manager 5) City Manager 6) Clerk Cover Memo Item # 6 Meeting Date: 2/4/2013 Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: Provide direction regarding the expansion and renovation of the Countryside Branch Library or construction of a new building located on the Countryside Community Park, near the Countryside Recreation Center. (WSO) SUMMARY: Expanding and renovating the Countryside Branch Library has been on the Penny III list, and those funds are available this year. Preliminary planning for expanding and renovating in place is showing that, to meet code and make the space usable, the building will have to be virtually gutted and the costs will be higher than anticipated. Some members of the Council have suggested that staff look at alternatives, and the one that seems the most feasible is to build a new building on the Countryside Community Park, next to the Countryside Recreation Center. For a number of reasons, this looks like the most positive alternative. Past partnerships between the Library and the Parks and Recreation Department have worked extremely well for the City and the public, providing both quality service and cost savings as the organizations share resources. The property is already City owned, and ample infrastructure is in place to serve the needs of both facilities, such as parking. Space and parking at the current facility are limited. There is a synergy created when developing a more comprehensive center of City activity. For the Library, it would allow staff to create the 21st century facility needed to connect the public with resources in multiple formats, rather than work within an existing footprint. Because of the extent of the renovation required, the costs should not be that different. If no longer needed by the City, the property could be sold. Building new would also mean the library would not have to temporarily relocate during construction, making a move easier for our public and our staff, and saving those costs for the city. The cost of building new may be less expensive than making the major changes required for the older facility. There are also advantages to renovating and expanding the current facility. The location on SR 580 has high visibility and is easy for people in the Countryside area to reach by car. There are two bus routes within a half block of the Library, although the great majority of users come by car. In either case, staff requests that Council consider a slight modification to the Penny III project funding. When going to the voters in 2007, funding was set at $6.5 million for both Countryside and East. Over time, funding was reduced to both projects and then $2.5 million was returned to the East project. Staff is currently still working toward a Joint Use project with St. Petersburg College, in which the City would pay a proportionate amount for the space that would be dedicated to community use, but staff believes funding should again be spread equitably between locations. Staff will suggest when the Penny projects funding comes up for discussion again, that $1.25 million from the East project be reassigned to the Countryside project, bring them both to $6.25. Staff is not asking for additional funds to come from any source other than those already dedicated to the library. The Countryside Branch will soon be 25 years old. It was built before computers were a normal part of daily life. The mechanicals have never been replaced and the roof is residential grade. It is one of the busiest locations, seeing 256,872 visitors last year, and it has been well used. Review Approval: 1) Office of Management and Budget 2) Legal 3) Clerk 4) Assistant City Manager 5) City Manager 6) Clerk Cover Memo Item # 7 Meeting Date: 2/4/2013 Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: Award a Contract (Purchase Order) for $219,853.30 to Nortrax of Lutz, Florida for one John Deere 250GLC Excavator, in accordance with Sec. 2.564(1)(d), Code of Ordinances - Other Governmental bid; authorize lease purchase under the City's Master Lease Purchase Agreement and authorize the appropriate officials to execute same. (consent) SUMMARY: The Excavator will be purchased through the Florida Sheriff's Association Contract 12-10-0905, Specification 21 and quote dated January 18, 2013. This excavator will replace G2162, (1999 John Deere Trackhoe) with 3,782 hours). The Excavator is included in the Fiscal Year 2012/2013 Garage CIP Replacement Fund. This Excavator is assigned to the Stormwater Group in Engineering. Type: Purchase Current Year Budget?:Budget Adjustment: YesNone Budget Adjustment Comments: Current Year Cost:Annual Operating Cost: $45,729.49 $17,315.79 Not to Exceed:Total Cost: $63,045.28 For Fiscal Year: 2012 to 2013 Appropriation CodeAmountAppropriation Comment 0316-94241-564100-519-$219,853.30 L/P CIP 0000 Bid Required?:Bid Number: No Florida Sheriffs Association Contract #12- Other Bid / Contract:Bid Exceptions: 10-0905, None Specification #21 and quote dated January 18, 2013 Cover Memo Review 1) Financial Services 2) Office of Management and Budget 3) Legal 4) Clerk 5) Purchasing 6) Clerk 7) Assistant City Item # 8 Approval: Manager 8) City Manager 9) Clerk Meeting Date: 2/4/2013 Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: Approve a contract (Purchase Order) for $438,545.00 to Rush Truck Center of Tampa, Florida for two Peterbilt Model 365 Chassis with Palfinger ARL - 60 roll-off system, in accordance with Sec. 2.564(1)(d), Code of Ordinances - Other governmental bid; authorize lease purchase under the City's Master Lease Purchase Agreement; and authorize the appropriate officials to execute same. (consent) SUMMARY: The two Roll-Off trucks will be purchased through the Florida Sheriff's Contract 12-10-0905, Specification 11 and the quote dated November 29, 2012. These trucks will replace G2602 (2001) with 224,563 miles and G2603 (2001) with 192,811 Miles. Both trucks are included in the Fiscal Year 2012/2013 Garage CIP Replacement Fund. Both trucks will be CNG powered with rail-mounted tanks. Type: Purchase Current Year Budget?:Budget Adjustment: YesNone Budget Adjustment Comments: Current Year Cost:Annual Operating Cost: $91,217.36$77,188.00 Not to Exceed:Total Cost: $168,405.36 For Fiscal Year: 2012 to 2013 Appropriation CodeAmountAppropriation Comment 0316-94241-564100-519-$438,545.00L/P CIP 0000 Bid Required?:Bid Number: No Florida Sheriff's Other Bid / Contract:Bid Exceptions: None Association #12-10-0905 Review 1) Financial Services 2) Office of Management and Budget 3) Legal 4) Clerk 5) Legal 6) Assistant City Manager 7) City Approval: Manager 8) Clerk Cover Memo Item # 9 Meeting Date: 2/4/2013 Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: Ratify and confirm the City Manager's approval of a Purchase Order to RingPower of Tampa, FL in the amount of $71,225.00 for one Caterpillar Model C9 300KW Emergency Generator, approve the transfer of $79,225.00 from Garage Fund Reserves to Motorized Equipment - Cash capital project 315-94233 at first quarter for the purchase and installation costs, and authorize the appropriate officials to execute same. (consent) SUMMARY: During the annual inspection of the existing generator loacted at Bright House Field, G2951, a coolant leak was found. Further investigation determined that the radiator had rusted in numerous areas and cracks existed allowing the coolant to leak out. Further investigation found severe rust in all areas including the sub-base fuel tank. The cabinet doors had severe rust and holes existed in several areas. The expected costs to repair the generator, structure and fuel tank are too costly. The decision was made to replace the generator with a new CAT unit with aluminum enclosure, install a Convault concrete tank (spare located at Fleet) on separate pad built by Parks and Recreation staff and lower the generator to the pad elevation for ease of maintenance. This vendor has this generator in stock for delivery within 2 weeks. This generator must be installed prior to February 23, 2013 (Phillies Opening Day) since it powers the fire pump, emergency lighting inside and outside the stadium for safe exit of the attendees and team personnel. A first quarter amendment will transfer $79,225.00 of Garage Fund reserves to capital project 315-94233, Motorized Equipment - Cash, to fund this purchase and installation costs. The installation costs will include new fuel lines from new tank to generator, crane rental to move tank from General Services to site, remove and install generators and install fuel tank, fuel tank upgrade to meet current codes and various electrical work. Type: Purchase Current Year Budget?:Budget Adjustment: NoYes Budget Adjustment Comments: Transfer the funds from Garage reserves to the Motorized Equipment - Cash capital project. Current Year Cost:Annual Operating Cost: $71,225.00$1,179.39 Not to Exceed:Total Cost: $72,404.39 For Fiscal Year: 2012 to 2013 Appropriation CodeAmountAppropriation Comment 315-94233$79,225.00Capital Project Cover Memo Bid Required?:Bid Number: No Item # 10 Other Bid / Contract:Bid Exceptions: Emergency Review 1) Financial Services 2) Office of Management and Budget 3) Legal 4) Clerk 5) Assistant City Manager 6) City Approval: Manager 7) Clerk Meeting Date: 2/4/2013 Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: Renew Construction Manager at Risk (CMR) Contracts with Biltmore Construction Company, Inc. and Peter R. Brown Construction, Inc. for a period of two years commencing March 1, 2013 and authorize the appropriate officials to execute same. (consent) SUMMARY: On February 17, 2011 the Council approved the use of Construction Manager at Risk (CMR) procedure for project delivery for projects with a value of $1 million or less for a period of two years with an option to renew for an additional two years. At the two-year milestone, the Council required a review of this method of procurement. Over the past two years, subject to this authorization, CMR has been used for six projects. The common theme with all six projects is that design costs were reduced and in some cases delivery time for the projects were reduced. CMR has or will be used for the Douglas Avenue Bridge Rehabilitation, the 2012 Bridge Rehabilitation Project, installation of a concrete staging area for Vac Con trucks at the Northeast Water Reclamation Facility, a covered storage building at the Marshall Street Water Reclamation Facility, the Fire Station 48 Concrete Slab Repair and the Pier 60 Rehabilitation. On these projects, the City was able to minimize design costs, use a selected contractor while obtaining competitive pricing for the work. In addition to these six projects, a Construction Manager was chosen using this process for Fire Station 45. Having the contractor as part of the design team provided the opportunity to value engineer the project and make adjustments to materials and design and have hard costs to present for approval. For selected projects, this process provides benefits to the City. The benefits include: o Early contractor involvement provides greater opportunity for to resolve constructability issues and perform value engineering. o Projects can be expedited by reducing time to solicit bids and allow prep work to begin prior to completing design. o Utilization of contractors with whom we have positive experience. o A Guaranteed Maximum Price. With these potential benefits, the Engineering Department would like to continue to use this process as applicable. In 2011, three firms were chosen based upon their qualifications. One of the firms is no longer in business. Going forward we would like to continue with the other two firms for an additional two years and would issue a new RFQ to add one or two new firms to the authorized list. Cover Memo Item # 11 Review 1) Office of Management and Budget 2) Legal 3) Purchasing 4) Legal 5) Clerk 6) Assistant City Manager 7) City Approval: Manager 8) Clerk Attachment number 1 \nPage 1 of 4 Item # 11 Attachment number 1 \nPage 2 of 4 Item # 11 Attachment number 1 \nPage 3 of 4 Item # 11 Attachment number 1 \nPage 4 of 4 Item # 11 Attachment number 2 \nPage 1 of 4 Item # 11 Attachment number 2 \nPage 2 of 4 Item # 11 Attachment number 2 \nPage 3 of 4 Item # 11 Attachment number 2 \nPage 4 of 4 Item # 11 Meeting Date: 2/4/2013 Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: Approve the request from the owner of property described as Lots 4 and 5, Renaissance Oaks First Addition to vacate the easternmost 10 feet, more or less, of an Ingress/Egress Easement; and pass Ordinance 8375-13 on first reading. (VAC2012-06) SUMMARY: A platted Ingress/Egress Easement is entirely located within Lot 5 of the Plat titled Renaissance Oaks First Addition. The easement was requested during the Citys review of the plat because the lot is located on a dead end street. The easement area provides for large service vehicles (fire trucks, solid waste trucks, etc.) to turn around. This encumbrance on Lot 5 has affected the propertys marketability. The property owner/developer is requesting the easement area to be shifted to the west encumbering a portion of lot 4 with a reduced area encumbering lot 5. To accomplish this, the developer/property owner is requesting the vacation of the east 10 ft. of the easement and will grant a 10 ft. wide easement immediately to the west of the platted easement. The Engineering Department has completed an interdepartmental review of the proposed vacation. Staff has no objection to the request. Review Approval: 1) Office of Management and Budget 2) Legal 3) Clerk 4) Assistant City Manager 5) City Manager 6) Clerk Cover Memo Item # 12 Attachment number 1 \nPage 1 of 2 Item # 12 Attachment number 1 \nPage 2 of 2 Item # 12 Attachment number 2 \nPage 1 of 1 Item # 12 Meeting Date: 2/4/2013 Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: Amend the City of Clearwater Code of Ordinances, Sections 32.211through 32.225 and Appendix A, Article XXV, Section7, to provide updates to reflect changes made in the Florida Administrative Code ; adding clarifying and protective language; moving fees to Appendix A for Hauled Liquid Waste, and pass Ordinance 8322-13 on first reading. SUMMARY: The intent of this ordinance amendment is to provide the Industrial Pretreatment Program to protect public health and maintain and improve program effectiveness, including changes designed to maintain consistency with the National Pollutant Discharge Elimination System (NPDES). Achieving this objective will reduce the burden of technical and administrative requirements that the EPA has determined to provide minimal environmental benefit but consume significant resources. Modification of fees will allow the City to begin accepting fats, oil and grease (FOG) to feed the new cogeneration facility currently under construction at the Northeast Water Reclamation Facility. In response to changes of the U.S. Environmental Protection Agencys (EPA) 40CFR403 Streamlining and Florida Department of Environmental Protections (FDEP) 62-625 FAC, the Citys Industrial Pretreatment Program proposes to modify the code to incorporate many of the changes. The CFR and FAC have both mandatory and optional changes. All applicable mandatory changes and the supporting acronyms, definitions, standards, methods and procedures have been incorporated within the ordinance. These are: · Slug Control required in Control Mechanism/permits · Significant Industrial Users (SIUs) must be evaluated for the need for a slug control plan or other action to control slug discharges within 1 year · SIUs are required to notify the control Authority immediately of any changes at its facility affecting the potential for a slug discharge · Significant Non Compliance (SNC) definition expanded · SIUs reports must include Best Management Practices (BMPs) compliance information. · SIU Control Mechanism/permits must contain BMPs required by a pretreatment standard, local limit, state or local law. Furthermore, the Control Authority must have the legal authority and procedures to implement and enforce this requirement. · Control Authority and SIU must maintain documentation of compliance with BMP requirements the same way that other records are maintained · Repeat sampling requirements for Control Authorities that perform sampling for SIUs · Sample requirements for SIUs · Required reporting to both wastewater facilities as well as Control Authority if not the same; this will pertain to Safety Harbor and will be included in their revised Ordinance and the Interlocal Agreement · Requirements for signatures to SIU and wastewater facilities reports by a Duly Authorized Representative Optional changes include the conditions and requirements to allow for conversion to mass limits from concentration to allow for water conservation; conversion of mass limit to concentration for certain industrial categories. Provides wastewater facilities with the authority to grant monitoring waiver to Industrial Users for relief from monitoring pollutants not present; creation of two new classes of Categorical Industrial Users: Non-significant Categorical Industrial Users and Middle Tier Categorical Industrial User. The changes define specific characteristics to qualify for the new classes; this allows for reduced monitoring and reporting for those industries that are qualified and permitted as such. The optional changes include language and legal authority to clarify the use of Best Management Practices (BMPs) as an alternative to numeric limits. Changes also include requirements and procedures to institute General Permits that may be developed to regulate multiple industrial dischargers that share common characteristics. Cover Memo Item # 13 Review Approval: 1) Office of Management and Budget 2) Legal 3) Clerk 4) Assistant City Manager 5) City Manager 6) Clerk Attachment number 1 \nPage 1 of 51 Item # 13 Attachment number 1 \nPage 2 of 51 Item # 13 Attachment number 1 \nPage 3 of 51 · · · · · · · · · · · · Item # 13 Attachment number 1 \nPage 4 of 51 · · Item # 13 Attachment number 1 \nPage 5 of 51 Item # 13 Attachment number 1 \nPage 6 of 51 Item # 13 Attachment number 1 \nPage 7 of 51 Item # 13 Attachment number 1 \nPage 8 of 51 Item # 13 Attachment number 1 \nPage 9 of 51 Item # 13 Attachment number 1 \nPage 10 of 51 Item # 13 Attachment number 1 \nPage 11 of 51 Item # 13 Attachment number 1 \nPage 12 of 51 Item # 13 Attachment number 1 \nPage 13 of 51 Item # 13 Attachment number 1 \nPage 14 of 51 Item # 13 Attachment number 1 \nPage 15 of 51 Item # 13 Attachment number 1 \nPage 16 of 51 Item # 13 Attachment number 1 \nPage 17 of 51 Item # 13 Attachment number 1 \nPage 18 of 51 Item # 13 Attachment number 1 \nPage 19 of 51 Item # 13 Attachment number 1 \nPage 20 of 51 Item # 13 Attachment number 1 \nPage 21 of 51 Item # 13 Attachment number 1 \nPage 22 of 51 Item # 13 Attachment number 1 \nPage 23 of 51 Item # 13 Attachment number 1 \nPage 24 of 51 Item # 13 Attachment number 1 \nPage 25 of 51 Item # 13 Attachment number 1 \nPage 26 of 51 Item # 13 Attachment number 1 \nPage 27 of 51 Item # 13 Attachment number 1 \nPage 28 of 51 Item # 13 Attachment number 1 \nPage 29 of 51 Item # 13 Attachment number 1 \nPage 30 of 51 Item # 13 Attachment number 1 \nPage 31 of 51 Item # 13 Attachment number 1 \nPage 32 of 51 Item # 13 Attachment number 1 \nPage 33 of 51 Item # 13 Attachment number 1 \nPage 34 of 51 Item # 13 Attachment number 1 \nPage 35 of 51 Item # 13 Attachment number 1 \nPage 36 of 51 Item # 13 Attachment number 1 \nPage 37 of 51 Item # 13 Attachment number 1 \nPage 38 of 51 Item # 13 Attachment number 1 \nPage 39 of 51 Item # 13 Attachment number 1 \nPage 40 of 51 Item # 13 Attachment number 1 \nPage 41 of 51 Item # 13 Attachment number 1 \nPage 42 of 51 Item # 13 Attachment number 1 \nPage 43 of 51 Item # 13 Attachment number 1 \nPage 44 of 51 Item # 13 Attachment number 1 \nPage 45 of 51 Item # 13 Attachment number 1 \nPage 46 of 51 Item # 13 Attachment number 1 \nPage 47 of 51 Item # 13 Attachment number 1 \nPage 48 of 51 Item # 13 Attachment number 1 \nPage 49 of 51 Item # 13 Attachment number 1 \nPage 50 of 51 Item # 13 Attachment number 1 \nPage 51 of 51 Item # 13 Meeting Date: 2/4/2013 Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: Approve amendments to the Community Development Code addressing encroachments into setbacks and rights-of-way, the Comprehensive Sign Program, nonconforming lots and plans review fees; approve an amendment to the Clearwater Code of Ordinances addressing board attendance and pass Ordinance 8371-13 on first reading. SUMMARY: The Clearwater Business Task Force (BTF) was established on April 7, 2011 by the City Council to provide feedback on the current rules and regulations affecting businesses and business development. The BTF submitted its final report to City Council on August 29, 2011. The report consisted of 71 recommendations to change public perceptions about being business friendly, streamline development application processes and enable greater signage flexibility. City staff reviewed each of the recommendations and presented to City Council ideas as to how some of them may be adopted as well as a prospective timeframe for these adoptions to occur. At the direction of the City Council, staff has previously prepared two text amendments to the Community Development Code (CDC) addressing some of the recommendations of the BTF as well as a few amendments proposed by staff. These changes were reviewed by the Community Development Board (CDB) at its meetings of December 20, 2011 and July 17, 2012, and the Board recommended the approval of each ordinance. The City Council has subsequently passed and adopted each of the ordinances at its meetings of February 2, 2012 and September 6, 2012. Staff is now proposing a third text amendment to address one further recommendation of the BTF, as well as additional items proposed by staff. Below is a summary of the substantive amendments included in the ordinance. Expands upon the allowance of building projections into setbacks and rights-of-way where the projections is affixed solely to the building and not directly affixed to the ground to include balcony projections, but only when in the Downtown (D) District and only when the associated use is an Indoor Recreation/Entertainment facility with a minimum of 650 seats; Replaces an incorrect reference within the recently adopted sign code with the correct calculation method for freestanding signs, which is what was intended to be referenced; Makes clear that building permits will not be issued for unlawfully created lots; Makes clear that nonconforming lots cannot be subdivided and conforming lots cannot be subdivided in such a manner that renders them, or any structures thereon, nonconforming; Allows those projects using a private plan review provider for the review of the Building, Plumbing, Mechanical and Electric trades may have their plans review fee reduced by a maximum of 25% (recommendation of the Business Task Force); and Modifies the Code of Ordinances to provide an exception to the excessive absences definition for those absences due to military related commitments. Review Approval: 1) Office of Management and Budget 2) Legal 3) Clerk 4) Assistant City Manager 5) City Manager 6) Clerk Cover Memo Item # 14 Attachment number 1 \nPage 1 of 5 ORDINANCE NO. 8371-13 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA MAKING AMENDMENT TO THE COMMUNITY DEVELOPMENT CODE BY AMENDING ARTICLE 3, DEVELOPMENT STANDARDS, DIVISION 9, GENERAL APPLICABILITY STANDARDS, SECTION 3-908, PERMITTED ENCROACHMENTS INTO SETBACKS AND OVER STREET RIGHTS-OF-WAY, TO ALLOW FOR BALCONY ENCROACHMENTS IN THE DOWNTOWN (D) DISTRICT FOR INDOOR RECREATION/ENTERTAINMENT USES; AMENDING ARTICLE 3, DEVELOPMENT STANDARDS, DIVISION 18, SIGNS, SECTION 3-808, COMPREHENSIVE SIGN PROGRAM, TO CORRECTLY STATE THE FREESTANDING SIGN CALCULATION METHOD FOR THE COMPREHENSIVE SIGN PROGRAM; AMENDING ARTICLE 6, NONCONFORMING PROVISIONS, SECTION 6-106, NONCONFORMING LOTS, TO ADDRESS ILLEGALLY CREATED NONCONFORMING LOTS; AMENDING APPENDIX A, SCHEDULE OF FEES, RATES AND CHARGES, V., BUILDINGS AND BUILDING REGULATIONS, TO ALLOW FOR A 25-PERCENT REDUCTION IN PLANS REVIEW FEES FOR PROJECT USING A PRIVATE PLAN REVIEW PROVIDER; AND MAKING AN AMENDMENT TO THE CODE OF ORDINANCES BY AMENDING PART II CODE OF ORDINANCES, CHAPTER 2 - ADMINISTRATION, ARTICLE III APPOINTED AUTHORITIES, BOARDS, COMMITTEES, DIVISION 1 GENERALLY, SEC. 2.066 ATTENDANCE BY MEMBERS AT MEETINGS, TO EXCLUDE MILITARY RELATED COMMITMENTS FROM BEING CONSIDERED EXCESSIVE ABSENCES; CERTIFYING CONSISTENCY ADVERTISEMENT; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Clearwater adopted a new Community Development Code on January 21, 1999 which was effective on March 8, 1999, and WHEREAS, since the effective date of the new Community Development Code, the City of Clearwater has reviewed numerous development proposals in all of the new zoning districts in all parts of the City that utilize the Minimum Standard, Flexible Standard and Flexible levels of review, and WHEREAS, the prior adopted Ordinance No. 8343-12 included an incorrect reference to a calculation method, and WHEREAS, the City of Clearwater desires for the Community Development Code to function effectively and equitably throughout the City, and WHEREAS, the City of Clearwater has determined where the Community Development Code needs clarification and revision, now therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Item # 14 Attachment number 1 \nPage 2 of 5 Section 1. That Article 3, Development Standards, Division 9, General Applicability Standards, Section 3-908, Permitted encroachments into setbacks and over street rights-of- way, Community Development Code, be, and the same is hereby amended to read as follows: Section 3-908. Permitted encroachments into setbacks and over street rights-of-way. Certain building and other projections shall be permitted to extend into setback areas and may be permitted to encroach over street rights-of-way as follows: A. Building projections which are affixed solely to the building and not directly affixed to the ground such as building fascias, roof overhangs, eaves, canopies other than freestanding canopies, awnings, marquees, and other similar projections, shall be permitted to project into required setbacks as specified below. 1. In the Tourist, Commercial and Downtown Districts, such projections shall be limited to ten feet and shall be permitted into any required setback and over street rights-of-way provided a clearance of eight feet over grade is maintained. In no case shall such projection be closer than five feet from the curbline or the shoulder of the roadway. Any awning with supports may be located up to the property line and any awning that projects into a right-of-way shall be cantilevered. 2. In all other districts, such projects shall be limited to 40 percent of the setback or ten feet, whichever is less. B. The roof fascia of a freestanding canopy shall be set back a minimum of ten feet from a street right-of-way boundary and any side and rear property line. The supporting posts or columns of a freestanding canopy shall not encroach into required structural setbacks. No part of a freestanding canopy shall encroach into or over a street right-of-way. C. Open or unenclosed fire escapes and outside stairways shall be permitted to extend into a required setback area not more than three feet provided through access is not obstructed. D. Balconies, decks, bay windows, and similar features that linearly extend 50 percent or less of the width of the building wall to which they are attached shall be permitted to extend into a required setback area not more than 24 inches provided through access is not obstructed. 1. Balconies, decks, bay windows, and similar features that linearly extend 50 percent or less of the width of the building wall to which they are attached shall be permitted to extend into a required setback area not more than 24 inches provided through access is not obstructed. 2. In the Downtown District, when associated with an Indoor Recreation/Entertainment use that has a minimum of 650 seats, balconies shall be permitted to encroach into rights-of-way provided a clearance of eight feet over grade is maintained. In no case shall such encroachment be closer than two feet from the curbline or the shoulder of the roadway. Section 2. That Article 3, Development Standards, Division 18, Signs, Section 3-808, Comprehensive Sign Program, Community Development Code, be, and the same is hereby amended to read as follows: Section 3-1808. Comprehensive sign program. * * * * * * * * * * C. Flexibility criteria. * * * * * * * * * * Item # 14 Ordinance No. 8371-13 Page 2 Attachment number 1 \nPage 3 of 5 4. Height, area, number and location of signs. The height, area, number and location of signs permitted through the Comprehensive Sign Program shall be determined by the Community Development Coordinator based on the following criteria: overall size of site, relationship between the building setback and sign location, frontage, access and visibility to the site, intended traffic circulation pattern, hierarchy of signage, scale and use of the project, consistency with Beach by Design, Clearwater Downtown Redevelopment Plan or any other applicable special area plan and submittal of a master sign plan for the development parcel/project. Additionally, the maximum permitted sign area shall be based on the following formula when evaluated against the above criteria: a. Attached signs The maximum area permitted for attached signage shall range from one percent up to a maximum of six percent of the building facade to which the sign is to be attached. In no event shall the size of an attached sign exceed two hundred square feet. For regional malls, the maximum size of any attached sign that is otherwise allowed shall not exceed six percent of the building facade facing the street, but in no case more than three hundred square feet. b. Freestanding signs The maximum permitted area of all freestanding signs on a site shall not exceed the range of sign area permitted by the street frontage or building facade calculation methods set forth in Section 1807.B.1.c.i. and ii. below: i. One square foot per two linear feet of street frontage; or ii. One square foot per 100 square feet of building façade facing street frontage. * * * * * * * * * * Section 3. That Article 6, Nonconforming Provisions, Section 6-106, Nonconforming Lots, Community Development Code, be, and the same is hereby amended to read as follows: A. No principal use or structure shall be established on a lot of record unless the lot conforms to the lot area and lot width requirements in this Development Code for the zoning district in which it is located, except in accordance with the provisions of this section. B. A principal use or structure may be established on a residential lot of record that was legally in existence prior to March 8, 1999 even though the lot is nonconforming with the lot area and lot width requirements in this Development Code for the zoning district in which it is located, provided that a Level One (minimum standard) approval is obtained. A Level One (flexible standard) approval shall be required only if required setbacks cannot be met. The applicant for a Level One (flexible standard) approval shall demonstrate the following: 1. The lot was a lawfully created lot. If the lot was created before 1982, then it is automatically considered to be lawful. If the lot was created after 1982, to be a lawfully created lot, it must have been created by an approved plat in accordance with the City Code; and 2. Upon adoption of this Development Code, the lot is not held in common ownership with any abutting land which, in combination with the lot in question, would create a building site meeting the lot area and lot width requirements of the zoning district; or Item # 14 Ordinance No. 8371-13 Page 3 Attachment number 1 \nPage 4 of 5 3. The lot has not been previously developed in combination with an adjacent lot; and 4. If the lot is proposed for a detached dwelling, the dwelling is developed in conformity with the other development standards of the zoning district in which it is located. C. No permit shall be issued for any unlawfully created lot. D. Except in the instance that a Level One or Level Two approval is obtained prior, no nonconforming lot may be subdivided, and no conforming lot may be subdivided in such a manner that renders it, or any structures thereon, nonconforming to the requirements in this Development Code for the zoning district in which it is located and any such subdivision shall constitute a violation of this Development Code. Section 4. That Appendix A, Schedule of Fees, Rates and Charges, V., Buildings and Building Regulations, Community Development Code, be, and the same is hereby amended to read as follows: V. BUILDINGS AND BUILDING REGULATIONS (§ 47.087): Permit fees and charges: (1) Permits and fees and charges, in general; exceptions: (a) Permits are generally not required for carpeting, painting, wallpapering, paneling over existing walls, and tile, nor where the valuation of labor, materials, and all other items does not exceed $500.00 and the work or operation is of casual, minor, inconsequential nature, and does not violate any city codes or ordinances, or is exempt pursuant to Chapter 75-489, Laws of Florida (Special Acts), Section 25. (b) Valuations for all construction shall be based on the contract value. The current Southern Building Code Congress International's valuation tables may be used if no contract is submitted with the permit application. (c) Plans review fees will be reduced by 25 percent for those projects using a private provider of plan review services, pursuant to Florida Statutes, to review the Building, Plumbing, Mechanical and Electrical trades. (cd) Where no permit fee is stated, the same shall not be interpreted as an intention to waive any requirement for a permit or fees for a permit that may be stated elsewhere in the city's Code of Ordinances. (de) Prior to starting any electrical, gas, plumbing, mechanical, roofing or other work under a combination permit, the contractor or the subcontractor engaged to do the work shall file with the Planning and Development Services Administration a form showing the name and certification number of the subcontractor, the subcontractor's occupational license number, the combination permit number, the job address, and other related information as may be required by the Planning and Development Services Administration. Failure to file such form or provide such information shall be cause for the refusal of inspection services, and the issuance of a correction notice with the appropriate fee. * * * * * * * * * * Section 5. That Code Of Ordinances, Part II Code of Ordinances, Chapter 2 - Administration, Article III Appointed Authorities, Boards, Committees, Division 1 Generally, Item # 14 Ordinance No. 8371-13 Page 4 Attachment number 1 \nPage 5 of 5 Sec. 2.066 Attendance by Members at Meetings, be, and the same is hereby amended to read as follows: Sec. 2.066. - Attendance by members at meetings. (1) Except as may otherwise be provided by law, or when due to military related commitments, a member of any board may be removed by the city manager for excessive absences. "Excessive absences" shall mean: (a) For a board which meets monthly on a regular basis, more than four absences, excused or unexcused, in any consecutive 12-month period. (b) For a board which meets less often than monthly on a regular basis, more than three absences, excused or unexcused, in any consecutive 12-month period. (c) For a board which meets more often than monthly on a regular basis, more than five absences, excused or unexcused, in any consecutive 12-month period. (d) For a board which meets quarterly on a regular basis, more than one absence, excused or unexcused, in any consecutive 12-month period. (2) The staff liaison for each board shall notify the city clerk of any board member having a record of excessive absences. The city clerk will notify the city manager and request direction regarding the removal of such board member. Section 6. Amendments to the Community Development Code of the City of Clearwater (as originally adopted by Ordinance No. 6348-99 and subsequently amended) are hereby adopted to read as set forth in this Ordinance. Section 7. The City of Clearwater does hereby certify that the amendments contained herein, as well as the provisions of this Ordinance, are consistent with and in Section 8. Should any part or provision of this Ordinance be declared by a court of competent jurisdiction to be invalid, the same shall not affect the validity of the Ordinance as a whole, or any part thereof other than the part declared to be invalid. Section 9. Notice of the proposed enactment of this Ordinance has been properly advertised in a newspaper of general circulation in accordance with applicable law. Section 10. 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 # 14 Ordinance No. 8371-13 Page 5 Attachment number 2 \nPage 1 of 3 COMMUNITY DEVELOPMENT BOARD PLANNING AND DEVELOPMENT DEPARTMENT STAFF REPORT MEETING DATE: December 18, 2012 AGENDA ITEM: E. 1. CASE: TA2012-10008 ORDINANCE NO.: 8371-13 REQUEST: Amendments to the Community Development Code Ordinance Number 8371-13 INITIATED BY: City of Clearwater, Planning and Development Department BACKGROUND: The Clearwater Business Task Force (BTF) was established on April 7, 2011 by the City Council to provide feedback on the current rules and regulations affecting businesses and business development. The BTF submitted its final report to City Council on August 29, 2011. The report consisted of 71 recommendations to change City staff reviewed each of the recommendations and presented to City Council ideas as to how some of them may be adopted as well as a prospective timeframe for these adoptions to occur. At the direction of the City Council, staff has previously prepared two text amendments to the Community Development Code (CDC) addressing some of the recommendations of the BTF as well as a few amendments proposed by staff. These changes were reviewed by the Community Development Board (CDB) at its meetings of December 20, 2011, and July 17, 2012, and the Board recommended the approval of each ordinance. The City Council has subsequently passed and adopted each of the ordinances at its meetings of February 2, 2012, and September 6, 2012. Staff is now proposing a third text amendment to address one further recommendation of the BTF, as well as additional items proposed by staff. ANALYSIS: Proposed Ordinance No. 8371-13 includes amendments addressing several different sections of the CDC. As noted above, one of these amendments was recommended by the BTF while the balance is being initiated by staff. Encroachments Into Setbacks and Rights-Of-Way 1. [page 2 of Ordinance] The proposed amendment expands upon the allowance of balcony encroachments into setbacks to include balcony encroachments into rights-of-way, but only when in the Downtown (D) District and only when the associated use is an Indoor Recreation/Entertainment facility with a minimum of 650 seats. The amendment also requires a minimum clearance of eight feet over grade and limits the encroachment so that it would be no closer than two feet from the curb. Item # 14 Attachment number 2 \nPage 2 of 3 PLANNING & DEVELOPMENT Level II Flexible Development Application Review DEVELOPMENT REVIEW DIVISION Comprehensive Sign Program 2. [pages 2 and 3 of Ordinance] This proposed amendment is corrective in nature. The amendments to the sign code previously passed as part of Ordinance No. 8343-12 included an incorrect reference for the calculation of allowable sign area for freestanding signs through the Comprehensive Sign Program. This amendment replaces that incorrect reference with the correct calculation method, which is consistent with the means previously included in the sign code and as was intended to be referenced. Nonconforming Lots 3. [pages 3 and 4 of Ordinance] This amendment clearly spells out two issues with regard to nonconforming lots. Firstly, that building permits will not be issued for unlawfully created lots. Any lot not created in a manner consistent with the provisions set forth in Section 6-106.B., CDC, or via another legal manner such as a plat, will not be issued permits for the construction of any improvements thereon. Secondly, that nonconforming lots cannot be subdivided and conforming lots cannot be subdivided in such a manner that renders them, or any structures thereon, nonconforming. Plans Review Fees 4. [page 4 of Ordinance] The Business Task Force recommended that the City should offer a 50% discount on the plans review fees when developers use private plans review services. While the discount proposed was determined to be too great, the idea itself was found to be supportable. This amendment proposes that those projects using a private plan review provider for the review of the Building, Plumbing, Mechanical and Electric trades may have their plans review fee reduced by a maximum of 25%. Board Attendance 5. [pages 4 and 5 of Ordinance] This amendment recognizes the fact that members of the various City boards may have commitments or obligations held against them with regard to attendance at meetings. As such, this amendment modifies those absences due to military related commitments. CRITERIA FOR TEXT AMENDMENTS: Section 4-601, CDC, sets forth the procedures and criteria for reviewing text amendments. All text amendments must comply with the following: 1.The proposed amendment is consistent with and furthers the goals, policies and objectives of the Comprehensive Plan. A review of the Clearwater Comprehensive Plan identified the following Goal, Objective and Policy which will be furthered by the proposed Code amendments: Goal A.3 The City of Clearwater shall ensure that all development or redevelopment initiatives meet the safety, environmental, and aesthetic needs of the City through consistent implementation of the Community Development Code. Item # 14 Community Development Board December 18, 2012 TA2012-10008 Page 2 Attachment number 2 \nPage 3 of 3 PLANNING & DEVELOPMENT Level II Flexible Development Application Review DEVELOPMENT REVIEW DIVISION Objective A.3.1 All signage within the City of Clearwater shall be consistent with the Clearwater sign code, as found within the Community Development Code, and all proposed signs shall be evaluated to determine their effectiveness in reducing visual clutter and in enhancing the safety and attractiveness of the streetscape. Policy A.5.5.1 Development should be designed to maintain and support the existing or envisioned character of the neighborhood. The proposed amendments are intended to clarify or correct various development review processes or requirements, and facilitate development activities. As such, the above referenced elements of the Comprehensive Plan will be furthered. 2.The proposed amendment furthers the purposes of the Community Development Code and other City ordinances and actions designed to implement the Plan. The proposed text amendment will further the purposes of the CDC in that it will be consistent with the following purposes set forth in Section 1-103. It is the purpose of this Development Code to implement the Comprehensive Plan of the city; to promote the health, safety, general welfare and quality of life in the city; to guide the orderly growth and development of the city; to establish rules of procedure for land development approvals; to enhance the character of the city and the preservation of neighborhoods; and to enhance the quality of life of all residents and property owners of the city (Section 1-103.A., CDC). Provide for adequate light, air and privacy; secure safety from fire, flood and other damage; prevent overcrowding of the land and undue congestion of population; and improve the quality of life for the citizens of the city (Section 1-103.E.1., CDC). Establish zoning districts of a size, type, location and with standards that reflect the existing and desirable characteristics of a particular area within the city (Section 1- 103.E.8., CDC). The amendments proposed by this ordinance will further the above referenced purposes by expanding upon the existing rules of development, as well as clarifying and correcting those existing rules of development. SUMMARY AND RECOMMENDATION: The proposed amendments to the Community Development Code are consistent with and will further the goals of the Clearwater Comprehensive Plan and the purposes of the Community Development Code. Based upon the above, the Planning and Development Department APPROVAL recommends of Ordinance No. 8371-13 that amends the Community Development Code. Prepared by Planning and Development Department Staff: Robert G. Tefft, Development Review Manager ATTACHMENT: Ordinance No. 8371-13 Item # 14 Community Development Board December 18, 2012 TA2012-10008 Page 3 Meeting Date: 2/4/2013 Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: Provide direction on the proposed recommendations of the Business Task Force regarding the Development Agreement process. (WSO) SUMMARY: The Business Task Force recommended that the Development Agreement process, which requires a Level 3 review, be revised to have City Council review and approve Development Agreements and conceptual site plans without having a final site plan reviewed and approved by the Development Review Committee (DRC) and/or the Community Development Board (CDB). The Task Force recommended this change in process to ensure that any unforeseen requirements demanded of the applicant by City Council be known prior to investing in completing the development review process. Community Development Code Section 4-606 and Florida Statutes Chapter 163 regulate Development Agreements. Pursuant to Code Section 4-606.A, the purpose of such agreements is to €encourage a stronger commitment to comprehensive and capital facilities planning, ensure the provision of adequate public facilities for development, encourage the efficient use of resources, and reduce the economic cost of development. Both Florida Statutes and the Community Development Code require a finding be made that the proposed development is consistent with the Citys comprehensive plan and land development regulation. Development Agreements have primarily been used in Clearwater in conjunction with land use plan amendments and rezoning applications to restrict maximum development potential in order to limit traffic impacts and ensure neighborhood compatibility; to allocate density through the hotel density pool and hotel density reserve on Clearwater Beach; and to provide a mechanism for phasing for large projects. It should also be noted that the Code and Florida Statutes allow a development agreement to vest a project up to a maximum of 20 years. Initially the Planning and Development Department did not object to the Task Force recommendation but upon further review is concerned that the structure of the Citys Community Development Code would not support revising the process as recommended by the Business Task Force. The Planning and Development Department has consulted the City Attorneys office and believe the following points should be considered. · Florida Statutes and the Community Development Code (Section 4-606.G.1) require that a plan be submitted that is consistent with the Community Development Code. The Clearwater Code is unlike other codes as setback, height, and parking standards are often set forth as a range and the exact number is determined when the DRC or CDB makes a finding (based on competent substantial evidence) that the flexibility criteria and general standards are met. Also, certain uses can only be approved by the DRC or the CDB. At present, City Council is not the body authorized to make decisions on site plans. Approving a conceptual plan that requires CDB approval creates certain expectations by the Developer and potentially creates issues for the DRC or CDB. What are the implications if the DRC/CDB does not approve a site plan that contains the setbacks/heights/parking standards Council approved? Such a process could create conflict and ultimately litigation. · Florida Statutes require that legal notices include a projects density, intensity and height of development. It is not clear how Council can approve a building height in a conceptual plan when the Community Development Code authorizes the DRC and CDB to approve height. What are the implications if Council approves a certain height and the CDB does not? This is another area where conflict could be created. · Having a process where City Council reviews and approves a development agreement and development plan that is conceptual in nature does not meet the letter of the law which requires a finding to be made that the development plan is consistent with the Citys land development regulations. The conceptual plan may be something that can be approved but such a finding cannot be made unless the site plan is approved by the appropriate approval authority i.e. DRC or CDB. · The Development Review Committee is comprised of the departments that review plans for impacts on public facilities and Cover Memo provides a recommendation to the Community Development Coordinator/CDB that adequate facilities exist to support a proposed development. Having Development Agreements go to Council without the benefit of detailed site plan review Item # 15 deprives City Council the benefit of such review. Can the concurrency requirements of the Code and Florida Statutes be met if the specifics of the public facilities and services have not yet been developed? · The Planning and Development Department is concerned about City Council being in a position to negotiate issues with a conceptual plan as was the case with the Development Agreement submitted by Aviation Engineering Consultants, 2750 and 2754 Sunset Point Road. That case was submitted to City Council without the benefit of being vetted through the DRC/CDB site plan review process and City Council ended up negotiating changes to the site plan with regard to fencing, buffering/screening, architecture, etc. to address neighborhood concerns. These issues would normally be resolved through the formal site plan review process. The Planning and Development Department is seeking Councils direction as to whether or not City Council would like the Planning and Development Department to create a new process in the Community Development Code that would allow Development Agreements and their corresponding plans to be reviewed and approved by City Council without the review and approval of a final site plan by the DRC/CDB. Review Approval: Cover Memo Item # 15 Meeting Date: 2/4/2013 Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: Appoint two members to the Community Development Board with term to expire February 28, 2017. SUMMARY: APPOINTMENT WORKSHEET Community Development Board BOARD: TERM: 4 years APPOINTED BY: City Council FINANCIAL DISCLOSURE: Yes RESIDENCY REQUIREMENT: City of Clearwater MEMBERS: 7 & 1 alternate CHAIRPERSON: Nicholas C. Fritsch MEETING DATES: 3rd Tues., 1:00 p.m. 2 PLACE: Council Chambers APPTS. NEEDED: SPECIAL QUALIFICATIONS: Board shall include members qualified and experienced in the fields of architecture, planning, landscape architecture, engineering, construction, planning & land use law and real estate THE FOLLOWING ADVISORY BOARD MEMBER(S) HAVE TERMS WHICH EXPIRE AND NOW REQUIRE EITHER REAPPOINTMENT FOR A NEW TERM OR REPLACEMENT BY A NEW APPOINTEE; ALSO THE CURRENT ALTERNATE MEMBER WISHES TO BE APPOINTED AS A REGULAR MEMBER: 1. Brian A. Barker  1430 Rosetree Court, 33764  Civil Engineer Original Appointment: 2/19/09 (0 absences in the last year) Yes Interested in Reappointment: (1st term to expire 2/28/13) 2. Nicholas Fritsch  1310 Gulf Blvd., Unit 8-D, 33767  Retired/BS Economics Original Appointment: 1/20/05 nd 2 (currently serving term to expire 2/28/13) 3. Donald van Weezel  1290 Gulf Blvd. #1408, 33767  Consultant/BA Economics and Business Original Appointment: 12/14/11 (0 absences in the last year) (was appointed as the alternate member to finish an unexpired term (Carlough) until 4/30/14) Note - Mr. van Weezel wishes to be appointed as a regular member. If appointed as a regular member, Council must appoint a new alternate member. THE FOLLOWING NAMES ARE BEING SUBMITTED FOR CONSIDERATION TO FILL THE ABOVE VACANCIES OR TO BE THE ALTERNATE MEMBER: 1. Michael Boutzoukas  2433 Bond Ave., 33759  Attorney (Currently serving on the MCEB) 2. Sheila Cole  670 Island Way, #600, 33767  Marketing & Graphics (Currently serving on the MCEB) 3. John Funk  2040 Sun Down Dr., 33763  Real Estate Broker Realtor-Broker Assoc. 4. Cheryl Hopler- 1340 Gulf Blvd., 33767 - Cover Memo 5. David L. Jaye  2856 Shady Oak Ct., 33761  Real Estate Item # 16 (Currently serving on the Brownfields) 6. Alex Plisko  2358 Barkwood Pass, 33763  Architect (Currently serving on the Public Art & Design Board) Zip codes of current members: 3 at 33755, 1 at 33761, 1 at 33764 and 3 at 33767 Current Categories: 1 Architect 1 Self Employed: Investor, Yacht Broker - BS Finance & Marketing 2 Civil Engineer 1 Consultant/BA Economics & Business 1 Consultant/Project Manager 1 Retired Business Mgt. 1 Retired (Economics) Review Approval: 1) Clerk Cover Memo Item # 16 Attachment number 1 \nPage 1 of 2 Item # 16 Attachment number 1 \nPage 2 of 2 Item # 16 Attachment number 2 \nPage 1 of 3 Item # 16 Attachment number 2 \nPage 2 of 3 Item # 16 Attachment number 2 \nPage 3 of 3 Item # 16 Attachment number 3 \nPage 1 of 2 Item # 16 Attachment number 3 \nPage 2 of 2 Item # 16 Attachment number 4 \nPage 1 of 2 Item # 16 Attachment number 4 \nPage 2 of 2 Item # 16 Attachment number 5 \nPage 1 of 2 Item # 16 Attachment number 5 \nPage 2 of 2 Item # 16 Attachment number 6 \nPage 1 of 2 Item # 16 Attachment number 6 \nPage 2 of 2 Item # 16 Attachment number 7 \nPage 1 of 2 Item # 16 Attachment number 7 \nPage 2 of 2 Item # 16 Attachment number 8 \nPage 1 of 2 Item # 16 Attachment number 8 \nPage 2 of 2 Item # 16 Meeting Date: 2/4/2013 Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: Appoint four members to the Library Board with terms to expire February 28, 2017. SUMMARY: APPOINTMENT WORKSHEET Library Board BOARD: TERM: 4 years APPOINTED BY: City Council FINANCIAL DISCLOSURE: Not Required STAFF LIAISON: Library Director RESIDENCY REQUIREMENT: City of Clearwater SPECIAL QUALIFICATIONS: None MEMBERS: 7 CHAIRPERSON: Judith McSwine MEETING DATES: Quarterly PLACE: Main Library APPTS. NEEDED: 4 THE FOLLOWING ADVISORY BOARD MEMBER(S) HAVE TERMS WHICH EXPIRE AND NOW REQUIRE EITHER REAPPOINTMENT FOR A NEW TERM OR REPLACEMENT BY A NEW APPOINTEE: 1. Barbara Blakely  31 Island Way #104, 33767 Original Appointment: 3/1/12 (0 absences in the last year) Yes Interested in Reappointment: (currently filling an unexpired term to expire 2/28/13) 2. Judith M. Blanton  2658 Augusta Dr. S., 33761 Original Appointment: 2/5/09 (1 absence in the last year) No Interested in Reappointment: (Not interested in continuing) st (1 term to expire 2/28/13) 3. Barbara Ann Murphey  1304 Jeffords St., 33756 Original Appointment: 1/13/11 (0 absences in the last year) Yes Interested in Reappointment: (currently filling an unexpired term to expire 2/28/13) 4. Rosalie G. Murray  1451 Stewart Blvd., 33764 Original Appointment: 2/5/09 (0 absences in the last year) st Yes Interested in Reappointment: (1 term to expire 2/28/13) THE FOLLOWING NAME IS BEING SUBMITTED FOR CONSIDERATION TO FILL ONE OF THE ABOVE VACANCIES: Cover Memo 1. Elizabeth W. Folk  1979 Beckett Lake Dr., 33763  Business Analyst Item # 17 Zip codes of current members on board: 3 at 33756 1 at 33761 1 at 33764 2 at 33767 Review Approval: 1) Clerk Cover Memo Item # 17 Attachment number 1 \nPage 1 of 2 Item # 17 Attachment number 1 \nPage 2 of 2 Item # 17 Attachment number 2 \nPage 1 of 2 Item # 17 Attachment number 2 \nPage 2 of 2 Item # 17 Attachment number 3 \nPage 1 of 2 Item # 17 Attachment number 3 \nPage 2 of 2 Item # 17 Attachment number 4 \nPage 1 of 2 Item # 17 Attachment number 4 \nPage 2 of 2 Item # 17 Meeting Date: 2/4/2013 Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: City Manager Verbal Reports SUMMARY: Review Approval: Cover Memo Item # 18 Meeting Date: 2/4/2013 Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: Flags around the round about - Mayor Cretekos SUMMARY: Review Approval: Cover Memo Item # 19 Meeting Date: 2/4/2013 Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: Business, Neighborhood, and Homes Awards Program SUMMARY: Review Approval: Cover Memo Item # 20 Meeting Date: 2/4/2013 Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: Poppy Days Proclamation SUMMARY: Review Approval: Cover Memo Item # 21 Meeting Date: 2/4/2013 Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: Annual Coast Guardsmen Award - Joe Daigneault SUMMARY: Review Approval: Cover Memo Item # 22