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04/20/2006 ..~ "II! ~ . .' ~:,'... - . City Council Agenda Date: 04/20/2006 6: 00 PM Location: Council Chambers - City Hall Welcome. We are glad to have you join us. If you wish to speak, please wait to be recognized, then state your name and address. Persons speaking before the City Council shall be limited to three (3) minutes unless otherwise noted under Public Hearings. For other than Citizens to be heard regarding items not on the Agenda, a spokesperson for a group may speak for three (3) minutes plus an additional minute for each person in the audience that waives their right to speak, up to a maximum of ten (10)minutes. Prior to the item being presented, please obtain the needed form to designate a spokesperson from the City Clerk (righthand side of dais). Up to thirty minutes of public comment will be allowed for an agenda item. No person shall speak more than once on the same subject unless granted permission by the City Council. The City of Clearwater strongly supports and fully complies with the Americans with Disabilities Act (ADA). Please advise us at least 48 hours prior to the meeting if you require special accommodations at 727-562-4090. Assisted Listening Devices are available. Kindly refrain from using beepers, cellular telephones and other distracting devices during the meeting. 1 Call to Order 2 Invocation 3 Pledge of Allegiance 4 Introductions and Awards 4.1 Service Awards 4.2 Future of the Region Infrastructure Award 5 Presentations: 5.1 Home and Neighborhood of the Quarter 5.2 Home and Neighborhood of the Year 5.3 Proclamation - Older Americans Month 5.4 Proclamation - National Day of Prayer - May 4, 2006 6 Approval of Minutes 6.1 March 16,2006 6.2 April 6, 2006 7 Citizens to be Heard re Items Not on the Agenda Public Hearings - Not before 6:00 PM 8 Administrative public hearings - Presentation of issues by City Staff - Statement of case by applicant or representative (5 min.). - Council Questions - Comments in support or opposition (3 min. per speaker or 10 min. maximum as spokesperson for others that have waived their time). - Council Questions - Final rebuttal by applicant or representative (5 min.) - Council disposition 8.1 Adopt Resolution 06-25 approving the City of Clearwater - State Housing Initiatives Partnership (SHIP) Program Local Housing Assistance Plan covering State Fiscal Years 2006-2009. 8.2 Approve the applicant's request to vacate a 5-foot drainage and utility easement lying along the north property line of Lot 4, Unit Two Island Estates and to vacate the 5-foot drainage and utility easement lying along the south property line of Unit Two Island Estates, (a.k.a. 125 and 143 Island Way), subject to a condition, and pass Ordinance 7628-06 on first reading, (VAC2006-06 G.F.B. Development, LLC). 8.3 Approve the applicant's request to vacate a portion of Osceola Avenue lying adjacent to Lots 4 through 11 of Jennie Cate subdivision, (a.k.a. 400 Jones Street), a portion of an alleyway, three drainage and utility easements and a public ingress-egress easement, all more particularly described in Ordinance Number 7613-05 attached, and pass Ordinance Number 7613-06 on first reading subject to conditions, (VAC2005-12 Island View Properties, LLC; Harrison Village Properties, LLC; Triangle Land SA, LLC; and Georgia Street Properties, LLC), 8.4 Approve amendments to the Community Development Code increasing parking requirements for residential infill in HDR Zone and allowing sandwich board signs during public construction projects and pass Ordinance 7630-06 on first reading. 9 Quasi-judicial public hearings Staff states and summarizes reasonsfor recommendation (2 minutes). Applicant presents case, including its testimonyand exhibits. Witness may be cross-examined (15 minutes). Staff presents further evidence. Ma~e cross-examined (10 minutes). Public comment (3 minutes per speakeror 10 minutes maximum as spokesperson for others that have waived their time). City Council discussion, andmay question any witness. Applicant may call witnessesin rebuttal (5 minutes). Conclusion by applicant(3 minutes). Decision. 9.1 Approve the Petition for Annexation, Future Land Use Plan Amendment from the County Residential Low (RL) Category to the City Residential Low (RL) Category and Zoning Atlas Amendment from the County R-3, Single-Family Residential District to the City Low Medium Density Residential (LMDR) District for 1734 Lucas Drive (Lot 21, Block 5, according to the Plat of Virginia Grove Terrace Third Addition); and Pass Ordinance 7610-06,7611-06 & 7612-06 on first reading. 9.2 Continue to May 4, 2006, approval of the Petition for Annexation, Future Land Use Plan Amendment from the County Residential Urban (RU) Category to the City Residential Urban (RU) Category and Zoning Atlas Amendment from the County R-2, Single-Family Residential District to the City Low Medium Density Residential (LMDR) District for 3076 Cherry Lane (consisting of a portion of metes and bounds 22/28 in Section 16, Township 29 south, Range 16 east); and Ordinances #7607-06, #7608-06 & #7609-06 on first reading. 10 Second Readings - public hearing 10.1 Adopt Ordinance 7617-06 on second reading, relating to the building and development regulations, creating Section 47.053 Radio System Regulations for Buildings, to provide regulations for a radio signal booster system for a predicated reduction in the radio signalthrough fade margin studies, resulting from a new building development, to a level to assure the 95% ara coverage reliability needed for public safety communications. 10.2 Adopt Ordinance 7605-06 on second reading, amending the Community Development Code Article 2 by revising comprehensive infill redevelopment project flexibility criteria; increasing the minimum off-street parking requirements for residential infill projects; increasing the density for overnight accommodation units; permitting restaurants as a minimym standard development use; revising flexible standard development provisions for restaurants; amending Article 3 to allow parking vehicles on grass with restrictions; addressing graffiti; authorizing specified personnel to remove inoperative vehicles on public property; preventing building attachments from being garish or gaudy; amending Article 8 by revising definitions. City Manager Reports 11 Consent Agenda 11.1 Authorize settlement of the workers' compensation claim of Claimant, Tyrone Booze, in its entirety to include medical, indemnity and attorney fees for the sum of $81 ,500,and that the appropriate officials be authorized to execute same. (consent) 11.2 Approve the Award of the Second and Final Rollover of Bid 10-04 Lines 2, 3, and 5 Gas Meters and Regulators and issue a Purchase Order in the amount of $125,000 for the period May 1, 2006 to April 30, 2007 to American Meter Company C/O The Avanti Company and authorize the appropriate officials to execute same. (consent) 11.3 Amendment and Assignment of Operator's Agreement for the Main Library Cafe'from Raven of Tampa BAy, Inc., to The Bookworm Cafe', LLC, for a period of three years with one option to renew for three years and authorize the appropriate officials to execute same. (consent) 11.4 Approve a Communication Easement with Verizon Florida Inc. for the installation and maintenance of telephone lines at the Clearwater Airpark. (consent) 11.5 Award a contract for civil work for a portion of SR 60 (the east entrance to the Memorial Causeway Bridge and 770 feet west of the Memorial Causeway Bridge) to Keystone Excavators, Inc. of Oldsmar, Florida, in the amount of $220,330, which includes base bid, alternates 12-27a and a 10% contingency and authorize the appropriate officials to execute same. (consent) 11.6 Award a contract for landscape and irrigation for a portion of SR 60 (the east entrance to the Memorial Causeway Bridge and 770 feet west of the Memorial Causeway Bridge) to Smith Landscaping Services, Inc. of Clearwater, Florida, in the amount of $552,481.05, which includes base bid, and a 10% contingency and authorize the appropriate officials to execute same. (consent) 11.7 Award a contract to renovate The Long Center Pool (bid # 06-0014-PR) to Aquamarine Swimming Pool Company, Clearwater, Florida for $324,600 which includes Alternate #1 and 10% contingency and authorize the appropriate officials to execute same. (consent) 11.8 Approve the hiring of outside Legal counsel, Shulman Rogers Gandal Pordy & Ecker, P.A. of Rockville, Maryland, for representation during the rebanding of the City of Clearwater's 800 MHz radio system for an amount not to exceed $50,000 and authorize the appropriate officials to execute all documents related thereto. (consent) 11.9 Approve the Cooperative Funding Agreement with the Southwest Florida Water Management District (SWFWMD) for the Clearwater Reclaimed Water Meter Retrofit Project which provides reimbursement of project costs up to $825,000 of the total estimated project cost of $1 ,650,000 and that the appropriate officials be authorized to execute same. (consent) 11.10 Approve a work order to Jones Edmunds & Associates, Inc., Clearwater FI., in the amount of $361 ,020 for the East, Marshall Street and Northeast APCFs Headworks Design Project, project number 05-0063-UT, and that the appropriate officials be authorized to execute same.(consent) 11.11 Approve a Contract For Sale of Real Property with Clearwater Neighborhood Housing Services, Inc. to sell real property legally described as PALM PARK, Block C, Lot 16 and FAIRMONT SUB., Block G, Lots 6 and 7, for the total sum of $130,000, and authorize appropriate officials to execute same, together with related instruments required to effect closing. (consent) 11.12 Appoint Councilmembers as Representatives on Regional and Miscellaneous Boards: Hibbard - Mayor's Council, Tampa Bay Partnership Board of Governors and Policy Board, Metropolitan Planning Organization; Jonson - Suncoast League of Municipalities Board of Directors, Tampa Bay Estuary Policy Board, Courtney-Campbell Scenic Highway Board, Pine lias County Economic Development Council, Pinellas Suncoast Transit Authority; Hamilton - Barrier Island Governmental Council, Pine lias Planning Council, Pension Advisory Committee; Petersen - Tampa Bay Regional Planning Council, Homeless Leadership Network, Sisters Cities Advisory Board, Pension Advisory Committee; and Doran - Homeless Leadership Network, Pension Advisory Committee. 11.13 Approve a one-year extension for Polymer Services (04-0063-UT) (RFP #16-05) to Polydyne, Inc., of Riceboro, GA, for the sum of $189,946.83 and authorize the approprpiate officials to execute same. (consent) 12 Other items on City Manager Reports 12.1 Adopt Resolution 06-26 authorizing the withdrawal from the First Florida Governmental Financing Commission and authorize appropriate officials to execute same. 12.2 Amend Chapter 33, Section 33.114 of the Code of Ordinances, relating to vessels and aircraft prohibited in certain areas, to add a defined zone for no vessels around Pier 60 and pass Ordinance 7632-06 on the first reading. 12.3 Adopt Resolution 06-27, authorizing the execution of a Joint Participation Agreement (JPA) between the City of Clearwater and the State of Florida Department of Transportation (FDOT) for the completion of the new modular building and security fencing at the Clearwater Airpark. 12.4 Award a contract to Gibbs and Register, Inc. of Winter Garden, Florida for the construction of the Cleveland Street Streetscape project, in the amount of $11,275,561.88 which is the lowest responsive bid received in accordance with the plans and specifications, and approve Change Order #1 deducting $2,325,456.09 for a new contract total of $8,950,105.79. 13 City Attorney Reports 14 City Manager Verbal Reports 15 Council Discussion Items 15.1 Pinellas County Coalition for Homeless Funding ($20K) 15.2 New Movie Theatre proposal guidance 16 Other Council Action 17 Adjourn ,- o >- >- u Interoffice Correspondence Sheet TO: Mayor and Councilmembers FROM: Cyndie Goudeau, City Clerk SUBJECT: Follow up from April 17, 2006 Work Session COPIES: William B. Horne, City Manager DATE: April 18, 2006 Aaenda City Council Meeting 04-20-06: Agenda provided. Presentations 5.4 Proclamation - National Day of Prayer - May 4, 2006: Item added to agenda. Minutes 6.1 Minutes from City Council Meeting 03-16-06: Item added to agenda and paperwork provided. Minutes 6.2 Minutes from City Council Meeting 04-06-06: Item added to agenda and paperwork provided. Council Discussion 15.1 agenda. Pinellas County Coalition for Homeless Funding: Item added to 1 of 1 LL o >- I- u Interoffice Correspondence Sheet To: Mayor and Council members From: Cyndie Goudeau, City Clerk Bill Horne, City Manager; Garry Brumback, Asst. City Manager; Rod Irwin, Asst. City Manager; Pam Akin, City Attorney April 20, 2006 Agenda Packet for 04-20-06 CC: Date: RE: The following changes/additions are provided: . Revised Meetinq Aqenda for 04-06-06 City Council Meeting. Agenda provided. . Item 4.2 - Future of the Region Infrastructure Award. Item added to Agenda. . Item 11.12 -. Appoint Council members as Representatives on Regional and Misc. Boards. Revised memo and attachment. Paperwork provided. . Item 15.2 - New Movie Theatre Proposal Guidance. Item added to Agenda. Memo to Council for 04-06-06 CC Mtg - revisions.doc City Council Agendac;Ever M,emorandu,!!, EJ)- \ 8.1 Tracking Number: 2,020 Actual Date: Subiect / Recommendation: Adopt Resolution 06-25 approving the City of Clearwater - State Housing Initiatives Partnership (SHIP) Program Local Housing Assistance Plan covering State Fiscal Years 2006-2009. Summary: The City receives an annual allocation from the State of Florida through the Florida Housing Finance Corporation under the State Housing Initiatives Partnership (SHIP) Program. For FY06-07 the City is estimated to receive a SHIP allocation of approximately $1,041,268. This figure could increase depending on if the State Legislature provides full funding to the State and Local Housing Trust Fund during this year's legislative session. The City expends SHIP funds as per the strategies outlined in our Local Housing Assistance Plan (LHAP). Our current LHAP covers fiscal years 2003-2006. Some of the activities that SHIP funds are used for include: down payment assistance, rehabilitation, and new construction, just to name a few. This new LHAP covers fiscal years FY2006-2007, 2007-2008 & 2008-2009, and is basically a continuation of our current LHAP, but we have added two new strategies - a "Rental Deposit - Eviction Protection" strategy and a "Disaster Mitigation" strategy. The City's Neighborhood and Affordable Housing Advisory Board is scheduled to approve/adopt this plan at their April 11, 2006 meeting. The Florida Housing Finance Corporation has done a cursory review of the draft plan and stated that it met all of the program requirements. The FY06-09 LHAP is statutorily due to the Florida Housing Finance Corporation by May 2, 2006. Originating: Economic Development and Housing Section: Introductions and Awards Cateaorv: Other Public Hearing: No Financial Information: Type: Other Bid Required? No Bid Exceptions: Other Other Contract? Three (3) Year SHIP Plan In Current Year Budaet? No City Council ~~_. Agenda CQver Memorandl:;l~m~~ Budaet Adiustment: No Review Approval Howie Carroll 03-24-2006 10:51:14 Jav Ravins 04-13- 2006 14:05:37 Geraldine Camoos 04-03-2006 09:06:23 Cvndie Goudeau 04-13-2006 15:46:24 Tina Wilson 04-07-2006 13:56:37 Rod Irwin 04-13-2006 15:37:32 RESOLUTION NO. 06-25 A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA, ADOPTING THE CITY OF CLEARWATER STATE HOUSING INITIATIVES PARTNERSHIP (SHIP) LOCAL HOUSING ASSISTANCE PLAN COVERING STATE FISCAL YEARS 2006-2009; PROVIDING AN EFFECTIVE DATE. WHEREAS, the NEIGHBORHOOD AFFORDABLE HOUSING ADVISORY BOARD has met its statutory and organizational assignments by preparing a set of recommendations to the City Council addressing affordable housing incentives and associated issues; and WHEREAS, the NEIGHBORHOOD AFFORDABLE HOUSING ADVISORY BOARD has reviewed and approved STATE HOUSING INITIATIVES PARTNERSHIP LOCAL HOUSING ASSISTANCE PLAN covering State Fiscal Years 2006- 2009 at their April 11, 2006 meeting; and WHEREAS, the LOCAL HOUSING ASSISTANCE PLANS provides that ten percent (10%) of the total SHIP allocation will be used for administrative expenses, and WHEREAS, Section 420.9075(6), Florida Statutes, provides that the City may use five percent (5%) of its annual SHIP allocations for administrative expenses. Florida Statutes also provides that if the City Council makes a finding, by resolution, that five percent (5%) is not sufficient to cover the administrative costs, the City may take up to ten percent (10%) of its annual allocation for administration plus five percent (5%) of program income; and WHEREAS, the City of Clearwater finds that five percent (5%) of the SHIP funds are insufficient to adequately pay the necessary costs of administering the City's SHIP program. The City of Clearwater finds it necessary to increase up to but not to exceed ten percent (10%) of local housing distributions deposited in the trust fund to cover administrative costs; and WHEREAS, the maximum sales prices and values for new and existing homes associated with the LOCAL HOUSING ASSISTANCE PLAN covering Fiscal Years 2003-2006, shall be those as utilized by the Housing Finance Authority of Pinellas County, as amended and updated, now, therefore, Resolution No. 06-25 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The City of Clearwater hereby accepts the NEIGHBORHOOD AFFORDABLE HOUSING ADVISORY BOARD recommendations attached to this resolution as the LOCAL HOUSING ASSISTANCE PLAN covering State Fiscal Years 2006- 2009. Section 2. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this day of ,2006. Frank V. Hibbard Mayor Approved as to form: Attest: Bryan D. Ruff Assistant City Attorney Cynthia E. Goudeau City Clerk 2 Resolution No. 06-25 . , ' LL o >- I- u CITY OF CLEARWATER, FLORIDA STATE HOUSING INITIATIVES PARTNERSIDP (SIDP) PROGRAM LOCAL HOUSING ASSISTANCE PLAN (LHAP) For FISCAL YEARS 2006-07, 2007-08 & 2008-09 4 I. PROGRAM DESCRIPTION Chapter 67-37.005 F.A.C. and Section 420.9072, F.S. A. Name ofthe participating local government and Interlocal if Applicable: Section 420. 90 72(5),F.S. Clearwater, Florida Interlocal : Yes: D No: [8J Name of participating local government(s) in the Interlocal Agreement; A copy of the Interlocal Agreement is attached as Exhibit H. B. Purpose of the program: Section 420.9072, F.S. and Chapter 67-37.005(3), F.A.C. This Local Housing Assistance Plan (LHAP) sets forth the three year plan outline through which the City of Clearwater will implement the State Housing Initiatives Partnership (SHIP) Program, which is designed to provide for: (i) a sharing between the State and local governments a portion of the revenue collected from the documentary stamp tax on deeds, (ii) the establishment of public-private partnership to build, rehabilitate and preserve affordable housing, and (iii) maximum flexibility to local governments to determine the use of funds to better meet the responsibilities for affordable housing as set forth in the comprehensive plan. The City's LRAP has seven (7) Goals: 1. Increasing the amount of homeowners hip in the City of Clearwater. 2. Preserving, increasing, and rehabilitating the City's housing stock, especially what is available for very low, low and moderate income families. 3. Providing opportunities for very low, low-, and moderate-income families to improve their standard of living. 4. Providing the match required by Federal and State programs. 5. Improving the living conditions of substandard targeted neighborhoods (targeted neighborhoods) 6. Providing opportunities for households to obtain or remain in their homes or rental units. 03.27.06 2 ... " 7. Providing housing opportunities for the City's homeless populations, or those at risk of becoming homeless. c. Fiscal years covered by the Plan: Chapter 67-37. OOl,F.A. C. [gj 2006/2007 [gj 2007/2008 [gj 2008/2009 D. Governance: Chapter 67-37.005(3)and(5)(i)FA.C. and Section 420.9071(14)FS. The SHIP Program is established in accordance with Section 420.907-9079, Florida Statutes and Chapter 67-37.007 Florida Administrative Code. The SHIP Program does further the housing element of the local government Comprehensive Plan. E. Local Housing Partnership Section 420.9072(1)(a), FS. The City of Clearwater has established local housing partnerships and resources to increase the affordability of housing through down payment and closing cost assistance, low interest rate mortgage loans, grants and other direct subsidies that make market rate housing affordable to lower income households. Special interest rates, product pricing structures, special programs and other incentives offered by lenders and real estate professionals enhance affordability. The City of Clearwater SHIP Program is a true partnership involving public, private and nonprofit entities using its expertise and talents to the implementation of the plan. Among some of our key partners include: 1. Nonprofits: These groups are usually at the front-lines dealing directly with the recipients, or potential recipients of the City's SHIP Program. 2. Lenders: Lenders are very involved with providing funding for clients to obtain affordable housing. 3. Realtors: Realtors explain the program to homebuyers and guide them through the application process. 4. Builders/Contractors: Builders provide the same services as realtors and help the City meet the construction set aside. 5. Professional Service Providers: These businesses, whether they are public or private, are essential for the success ofthe program. They provide the technical skills necessary to provide such items as counseling, title work, and architectural services. 03.27.06 3 .. ". 03.27.06 6. Other Government Agencies - Whether they are local, state or federal, other government agencies aid in the success of this plan through leveraging funds, expedited permitting, and program administration. Other groups that are involved in the City's SHIP Program, either directly or indirectly includes: . Other local municipalities . State of Florida . West Central Florida SHIP Steering Committee · United States Department of Housing and Urban Development · Federal Housing Administration . Veterans Administration · Fannie Mae and Freddie Mac · Florida Housing Finance Corporation · Housing Finance Authority of Pine lias County · Clearwater Housing Authority · Community-based organizations · Support service agencies, and · Organizations representing the interest of persons with special needs. Each respective individual and/or agency in the partnership has brought forward varying levels of understanding and viewpoints on affordable housing. The partnership has identified local needs and provides for a cooperative effort in the production and maintenance of safe, decent and affordable housing in our community. Clearwater Housine Loan Pool The City of Clearwater's Housing Loan Pool (CHLP) Program, one of the City's most successful partnerships, allows a designated Eligible Sponsors to partner with the City of Clearwater to provide a variety of housing development related activities. CHLP provides funding for down payment and closing cost assistance, acquisition and rehabilitation loans/grants, construction loans, disabled retrofit loans/grants and a revolving fund for small single family residential developments, individual single family rehabilitation projects and single family in-fill housing. The goal of the CHLP program is to strengthen our community by facilitating affordable housing developments resulting in increased home ownership and rehabilitation opportunities for the City's low and moderate income families while improving the housing stock and stimulating further community development activities in targeted neighborhoods. The CHLP draws it's funding from three sources: the SHIP program and the Community Development Block Grant (CDBG) and Home Investment Partnership (HOME) Programs, both provided by the Federal Department of Housing and Urban Development. 4 Each fund source has specific requirements that govern its use. SHIP funds will be used as described within specific planned strategies. CDBG and HOME funds will be used for the residential single and multifamily development loan program. To access the CHLP, the eligible sponsor must first be a designated "participant". Funds from the loan pool will be made available on a first come, first served basis, first eligible basis. Preference will be given to projects proposed within the targeted areas that benefit very-low to moderate income residents. Eligible Sponsors must prepare an application which contains such things as but not limited to: organizational capacity, project proposal, pro-forma, project budget, financial analysis, site information, zoning information, proof of clear title, and proof of environmental assessment. The designated participant must plan to complete the project within eighteen (18) months. Larger, longer-term projects may be proposed outside ofthe loan pool as funding is available. Incentives to designated participants will be granted to those organizations to facilitate local housing assistance strategies. The goal of the City of Clearwater is to provide high quality housing to its program participants at an affordable price. The City of Clearwater will provide financial incentives and awards to designated participants and partners who assist in the achievement of these goals. F. Leveraging: Chapter 67-37.007(1)(b}(c), F.A.C. and Ssection 420.9075(l)(a) and (l)(b3, and (l)(c), F.s. The Plans are intended to increase the availability of affordable residential units by combining local resources and cost saving measures into a local housing partnership and using public and private funds to reduce the cost of housing. SHIP funds may be leveraged with or used to supplement other Florida Housing Finance Corporation programs and to provide local match to obtain federal housing grants or programs. Funds may also be leveraged with the Pinellas County Housing Finance Authority Bond program. G. Public Input: Chapter 67-37.005(3), F.A.C. Public input was solicited through face to face meetings with housing providers, social service providers and local lenders and neighborhood associations. Public input was solicited through the local newspaper in the advertising of the Local Housing Assistance Plan and the Notice of Funding Availability. In addition, locally designed strategies have been determined through the Citizen Participation Plan which encourages all citizens, including minorities and non- English speaking persons as well as persons with disabilities to participate in the development of Local Affordable Housing Plan and housing programs, with particular emphasis on persons of very low to moderate income. Information and records relating to our proposed use offunds is made easily accessible to the public for review. 03.27.06 5 ,> 03.27.06 Eligible Sponsors, by means of the City of Clearwater Consolidated Action Plan process, are considered by application and evaluated and rated by either staff or a review committee, depending on the proposed activity. Such things that are evaluated include: the economic feasibility of a project, timeliness of completion, past experience, commitment to expand affordable housing opportunities to very- low, low and moderate income households, to eliminate slum and blighted areas, to preserve the housing stock, to increase property values and to enhance community image in a targeted area, priority. Eligible persons will be served on a first come, first eligible basis, with priority given to special needs population and households in need of emergency repairs, until all available funds are allocated. Eligible Sponsors may apply for funds on a project-by- project basis while funds are available. H. Advertising and Outreach Chapter 67-37.005(6)(a). F.A.C. The City shall advertise the notice of funding availability in a newspaper of general circulation and/or, periodicals serving ethnic and diverse neighborhoods, at least 30 days before the beginning ofthe application period. Ifno funding is available due to a waiting list, no notice of funding availability is required. The Housing Division also has a housing flyer describing the City's Housing Programs that is periodically updated. Also information is disseminated at housing fairs, workshops and on the City's Video Bulletin Board. I. Discrimination: Section 420.9075(3)( c), F.s. In accordance with the provisions of ss. 760.20-760.37, it is unlawful to discriminate on the basis of race, creed, religion, color, age, sex, marital status, familial status, national origin, or handicap in the award application process for eligible housing. J. Support Services and Counseling: Chapter 67-37.005(5)(g),F.A.C. Support services are available from various sources. Available support services may include but are not limited to: 6 " 03.27.06 Home Ownershiv Counseling Services Home Ownership Counseling for homebuyers is currently being provided by eligible sponsors, approved annually through the City's Consolidated Action Plan Process. This counseling program contains course materials addressing pre-ownership issues, credit, budgeting and foreclosure counseling. The established and accredited course materials are acceptable and consistent with those of local lenders participating in City's housing programs and the Multi-County Mortgage Bond Program offered through the Housing Finance Authority of PineIlas County, Florida. The home buyers counseling and education program is made available to all home buyers of all income levels with a special effort to include the disabled, elderly, those with special needs and especially those of very-low to moderate income. No recapture provisions are proposed as home buyer counseling and education is a requirement of the City of Clearwater's Down Payment and Infill assistance program and of participating lenders. Homebuyer's counseling and education program certificate is awarded to each prospective homebuyer whether or not that prospective homebuyer obtains financial assistance. Clearwater Homeless Intervention Pro;ect (CHIP) The CHIP overnight homeless shelter will provide safe lodging for chronic homeless individuals. The CHIP shelter allows up to 62 persons to begin restructuring their lives toward positive development and self-sufficiency. CHIP provides intensive case management while facilitating assistance for CHIP clients from other agencies that help the individual get offthe street and into independent living on a permanent basis. CHIP's homeless intervention program addresses the City of Clearwater's five- year Consolidated Plan list of goals by providing housing and supportive services for the homeless. CHIP also recently completed a eight (8) unit transitional housing community - Parkbrooke Apartments - located next to their current facility and anticipates developing similar type developments as land and funds become available. SHIP funds were used in the construction ofParkbrooke Apartments. Homeless EmerI!encv Pro;ect (HEP) The Homeless Emergency Project (HEP) serves the homeless population throughout the City of Clearwater. HEP offers a comprehensive list of services targeted toward training and direction of self-sufficiency through educational programs and large group workshops that effectively. These programs comprehensively address the needs of the homeless and financially disadvantaged, leading to greater chances of self-sufficiency and maintaining family continuity. 7 03.27.06 Partners in Self-Sufficiency (PSSJ Partners in Self-Sufficiency (PSS) assists very-low income families referred by the Clearwater Housing Authority's Section 8 and family public housing programs to achieve economic self-sufficiency within a contractual time period. Religious Community Services (RCS) Grace House - Grace House is an emergency shelter for homeless families. The program offers an 8-weeks program combining basic shelter needs and case management to assist homeless families in moving towards self-sufficiency. The Haven - The Haven provides a continuum of services to victims of domestic violence in an effort to reduce the incidents of domestic violence and reduce the amount ofhomelessness occurring due to domestic violence. Family Resources Established in 1970, Family Resources has been meeting the immediate needs of runaway and homeless children. The program goals are to Unite children and youth with their families. In addition to providing these children and youth with safe and comfortable temporary housing, program staff provide the children and their families with a continuum of services, including counseling, life skill training and appropriate referrals. The Kimberly House The Kimberly House established an emergency transitional housing project for homeless pregnant women. The Kimberly House provides low-income pregnant women with the opportunity to gain a self-sufficient lifestyle and secure future for themselves and their children and offers housing for the entire length of pregnancy or as a smooth transitional solution prior to long-term placement. The program also provides infant to toddler day care so that women can be employed as they work towards self-sufficiency. Pinel/as Ovvortunitv Council - Chore Services Prof!ram (POC) PineUas Opportunity Council assists elderly persons to maintain their homes in a safe and sanitary condition, allowing the elderly to remain independent and to avoid pre- mature institutionalization. POC services include the removal of accumulated debris including old appliances, tires, building material, furniture and other trash. The goal ofPOC is to assist the low-income elderly Clearwater population maintain a decent, independent living environment. 8 Hispanic Outreach - Education and Information ProJ!Yam The recent immigrants from Latin America are underserved by banking, housing, and other life enhancing services due to lack of information and training in these topics in the Spanish language. This project is aimed at reaching a wide audience to teach the basics in financial practices to allow residents to obtain credit, loans, savings and checking accounts, proper budgeting aimed at enhancing progress in accumulating wealth through housing investment. City of Clearwater - Communitv Response Team (CRT) The City of Clearwater for many years has been providing community assistance through several redevelopment programs, community policing programs, neighborhood services, and other proactive community action groups and services. The City of Clearwater Community Response Team involves having inspectors walk through the neighborhoods and perform door-to-door surveys. This approach offers several advantages and: · Creates an open dialogue between the citizens and the inspectors · Allows inspectors to educate citizens on city codes and standards · Permits a routine inspection of the property · Allows distribution of free smoke alarms, water saving devices and house numbers · Creates an opportunity for the City to offer financial assistance through State and Federal funding sources · Conserving existing areas that are in good condition · Preserves existing housing stock through rehabilitation · Community redevelopment The ultimate goal ofthe Community Response Team is to achieve voluntary code compliance through education, communication and cooperation, decreasing the number of non-conforming residences, reducing the decline of housing values, increasing the investment potential, and enhancing the overall community image. K. Purchase Price Limits: Section 420.9075(4)(c), F.S. and Chapter67-37.007(6)F.A.C. Purchase Price Limits: The sales price or value of new or existing eligible housing may not exceed 90% of the average area purchase price in the statistical area in which the eligible housing is located. The City of Clearwater shall use the maximum purchase price limits as established and used by the Housing Finance Authority (HF A) of Pinellas County, as amended and updated. Currently the HF A is using the U.S. Treasury Limits. o Independent Study (copy attached) I:8J U.S. Treasury Department C8J Local HF A Numbers 03.27.06 9 The purchase price limit for new and existing homes is shown on the Housing Delivery Goals Charts. L. Income Limits, Rent Limits and Mfordability: Chapter 67-37.005(5)(e), F.A.C. .and Section 420.9071(2), F.S The Income and Rent Limits used in the SHIP Program are updated annually from the Department of Housing and Urban Development and distributed by Florida Housing Finance Corporation. Affordable means that monthly rents or mortgage payments including taxes and insurance do not exceed 30 percent of that amount which represents the percentage of the median annual gross income for the households as indicated in Sections 420.9071 (19), (20) and (28), F.S. However it is not the intent to limit an individual household's ability to devote more than 30% of its income for housing, and housing for which a household devotes more than 30% of its income shall be deemed Affordable if the first institutional mortgage lender is satisfied that the household can afford mortgage payments in excess of the 30% benchmark and in the case of rental housing does not exceed those rental limits adjusted for bedroom size. M. Wages to Work: Chapter 67-37. 005(6) (b)(7)F.A. C. Eligible Sponsors who employee personnel from the WAGES and Workforce Development Initiatives Program will be given preference in the selection process as required by Chapter 67-37.005(6)(b)7, F.A.C. N. Monitoring and First Right of Refusal: Section 420.9075(3)(e)and (4) (I), F.S In the case of rental housing, the staff or entity that has administrative authority for implementing the local housing assistance plan assisting rental developments shall annually monitor and determine tenant eligibility or, to the extent another governmental entity provides the same monitoring and determination, a municipality, county or local housing financing authority may rely on such monitoring and determination of tenant eligibility. However, any loan or grant in the original amount of$3,000 or less shall not be subject to these annual monitoring and determination of tenant eligibility requirements. Tenant eligibility will be monitored for at least annually for 15 years or the term of assistance which ever is longer unless as specified above. Loans or grants for eligible rental housing constructed, rehabilitated, or otherwise assisted under this strategy must be reserved for eligible persons for 15 years or the term of the assistance, whichever period is longer. The City, Eligible Sponsor or appointed designee, shall annually monitor and determine tenant eligibility throughout the 15 year compliance period. For those developments that the Florida Housing Finance Corporation provides the same monitoring and determination, the 03.27.06 10 City may rely on such monitoring and determination of tenant eligibility. Eligible sponsors that offer rental housing for sale before 15 years or that have remaining mortgages funded under this strategy must give a first right of refusal to eligible nonprofit organizations for purchase at the current market value for continued occupancy by eligible persons. The SHIP assisted units in a rental housing project will be occupied only by households that are eligible as very-low to low income families. Maximum monthly rent limits will be those established annually by HUD and distributed by FHFC. The City of Clearwater will establish maximum monthly allowances for utilities and services and will review and approve rents proposed by the owner for units subject to the maximum rent limitations. The owner cannot refuse to lease SHIP assisted units to a certificate of voucher holder under 24 CFR part 982, Section 8 Tenant-Based Assistance: Unified Rule for Tenant-Based Assistance under the Section 8 Rental Certificate Program and the Section 8 Rental Voucher Program. Eligible sponsors that offer rental housing for sale before 15 years or that have remaining mortgages funded under this program must give a first right of refusal to eligible nonprofit organizations for purchase at the current market value for continued occupancy by eligible persons. o. Administrative Budget: Chapter 67-37.005(6)(/)3, F.A.C.. A detailed listing including line-item budget of proposed Administrative Expenditures is attached as Exhibit A. These are presented on an annual basis for each State fiscal year submitted. The City of Clearwater finds that the moneys deposited in the local housing assistance trust fund shall be used to administer and implement the local housing assistance plan. The City of Clearwater City Council finds, by resolution, that five (5) percent of the local housing distribution plus five (5) percent of program income is insufficient to adequately pay the necessary costs of administering the local housing assistance plan. The City Council has adopted a resolution that states that the cost of administering the program may not exceed 10 percent of the local housing distribution plus 5% of program income deposited into the trust fund. The City has adopted the above findings in the attached resolution, Exhibit E. 03.27.06 11 II. LHAP HOUSING STRATEGIES: Chapter 67-37.005(5), F.A.C. NOTE: Include a seoarate strateflV for Disaster Mitillation A. DOWN PAYMENT AND CLOSING COSTS ASSISTANCE The City of Clearwater, through its affordable housing programs and through eligible sponsors shall provide SHIP funds to provide down payment and closing cost assistance to income eligible homebuyers of very-low to moderate income. Preference will be given to those individuals who have been displaced through divorce proceedings with evidence of relinquishment oftitle to primary homestead property. In the case of new construction development, the City may loan funds to Eligible Sponsors for the construction of eligible housing, and in some cases, the associated infrastructure, if the Eligible Sponsor is doing a subdivision. In certain cases it may be necessary to grant all, or portion thereof, the SHIP funds associated with infrastructure costs in any development( s) that we may provide funding for infrastructure and other associated development costs that have multiple lots and where it would not be feasible to recover all the funds/costs due to marketability of the final homes. The interest on the construction funds will be a zero percent (0%), a low-interest loan, or some combination thereof. The determination on whether a loan will have an interest rate, will be determined on a project-by-project basis, depending on such things as, but not limited to the economics of each project. In most cases the construction funds will be repaid when the home is sold to an eligible household. In terms of Annual Reporting, only the assistance that is provided to the eligible household and associated development and processing fees will be counted because all, or a portion of the funds that are loaned to the Eligible Sponsor for the construction of an eligible dwelling(s) will be repaid to the City upon completion of the home. At no time shall the amount of assistance that is "left-behind" to the eligible household exceed the maximum subsidy levels established in this plan for this strategy. The City will also provide funding for assistance to homebuyers that may be used by the borrower for down payment and/or closing costs, including such things as, but not limited to, prepaid items and construction interest. The providing of interest rate buy-downs will also be an eligible activity under this strategy. Funds cannot be utilized to payoff debts, collections, or past due amounts and will not be provided when excessive fees or above market interest rates are being charged. To be eligible for assistance, the household income of the home buyer must not exceed the income limits, adjusted for family size as set forth by the 03.27.06 12 income eligibility criteria in compliance with the SHIP Program, which is based on the current applicable definitions of median income for the area adjusted for family size published from time to time by the U.S. Department of Housing and Urban Development and distributed annually by FHFC. The homebuyer must, also, be a citizen of the United States of America or a permanent resident alien possessing a "green card". Eligible properties are classified as an existing property or newly constructed property that is publicly or privately held for sale to a potential homebuyer and meets the following requirements: · Is a single family residence · Is a condominium unit . Is a townhouse · Is a multiunit complex · Is a manufactured home that meets the provisions of Section 553 F.S. · Is owner-occupied (will allow rental occupied in certain cases) · Is built prior to 1978 with no evidence of chipping, peeling or chalking paint, or ifbuilt prior 1978 and if federal funds will be used, the home must be inspected for lead based paint. · Does not exceed the maximum allowable sales price as established and approved by the City. · Must be located within the City limits of Clearwater. a. Fiscal Years Covered: ALL b. Income Categories to be served: ALL c. Maximum award is noted on the Housing Delivery Goals Charts: d. Terms, Recapture and Default: 1. Deferred payment or low-interest loans will be available to homebuyers for down payment and closing cost assistance with the following stipulations: a. City Loan term is not to exceed 30 years b. Loans will be secured by a note and subordinate mortgage security instrument recorded in the public records of Pinellas County, Florida until satisfied c. Repayment of the loan will be a low-interest loan, deferred payment loan at 0% or some combination thereof d. Deferred payment loans may have a decreasing loan balance that will be defined in the mortgage note e. In certain hardship cases, a grant may be used in combination with a loan. 03.27.06 13 2. Repayment of the entire principal balance of the loan is due and payable in full: a. Upon sale or transfer of title to the property b. The property is vacated and/or is no longer the primary residence of the borrower c. The property is converted into a rental unit d. Refinancing or assumption of financing the property e. Certain refinancing conditions may allow a loan to remain on the home e. Recipient Selection Criteria: All program recipients will be income eligible and will be selected using the City's Housing Pool Underwriting Guidelines, Policies and Procedures, as amended. f. Sponsor Selection Criteria: Eligible Sponsors will be selected using the City's Consolidated Action Plan Application. g. Additional Information: In the event of a natural and/or man-made disaster and a declaration by the local authorities, State of Florida and/or federal government of a disaster area, any funds that are unencumbered for the Down Payment and Closing Costs Assistance Strategy, may be used to assist with disaster recovery efforts. The expenditure of funds must be for eligible activities as permitted by SHIP statute, rule and/or emergency rule as published by the Florida Housing Finance Corporation. B. REPLACEMENT HOUSING The City of Clearwater recognizes that the housing stock in its older neighborhoods is declining. Homes found to be unsafe will be identified through the assistance of non-profit housing providers, code enforcement, local fire districts and City inspectors. Homes found to subject to condemnation may be referred for consideration of replacement. As a result of condemnation, however, homeowners may be caused to experience displacement. SHIP, HOME and/or, CDBG funds will be made available to assist with relocation ofthe homeowner during the construction period. SHIP funds will be used for the demolition and construction of a new home, replacing the dilapidated single-family structure. The City of Clearwater shall provide funds to demolish and reconstruct and/or develop affordable owner-occupied housing that is found to be code deficient to the point that rehabilitation is not economically feasible. a. Fiscal Years Covered: ALL b. Income Categories to be served: ALL c. Maximum award is noted on the Housing Delivery Goals Charts: 03.27.06 14 d. Terms, Recapture and Default: Properties must be used for the principal/homestead residence of the recipient. Recipients must not rent, resell, or transfer title to property. Subordination of the City's loan will be allow in those cases where the subordination meets the City's Subordination Policy, as amended. Recipients must also abide by the City's loan and/or grant documents, which dictate conditions that will trigger recapture and default. e. Recipient Selection Criteria: The assistance will be provided in the form of a low interest loan, or as a deferred payment loan or grant, depending on the household's income. Grants will typically be used when a hardship exist, or for households who are considered Special Needs. Typically this program will be administered by City Housing Division Staff. Structures or properties with the most immediate threat to the household, public health, safety and welfare will receive priority consideration. Applicants must make an attempt to obtain maximum loan financing through traditional lenders. Proof of applicant's attempt to obtain such financing must be evidenced by either: · Lender approval letter for maximum qualifying loan amount, or · Denial letters from two (2) lending sources All program recipients will be income eligible and will selected using the City's Housing Pool Underwriting Guidelines, Policies and Procedures, as amended. f. Sponsor Selection Criteria: Eligible Sponsors will be selected using the City's Consolidated Action Plan Application. h. Additional Information: In the event of a natural and/or man-made disaster and a declaration by the local authorities, State of Florida and/or federal government of a disaster area, any funds that are unencumbered for the Down Payment and Closing Costs Assistance Strategy, may be used to assist with disaster recovery efforts. The expenditure of funds must be for eligible activities as permitted by SHlP statute, rule and/or emergency rule as published by the Florida Housing Finance Corporation. 03.27.06 15 C. OWNER-OCCUPIED REHABILITATION The City of CleaIWater, through its affordable housing programs and through eligible sponsors shall provide funds for the rehabilitation of existing owner-occupied single family residences located within the City limits of CleaIWater. Funding shall come from the City's Housing Pool. Funds shall be provided for Eligible Sponsors to rehabilitate or purchase, a single family structures that may be in need of repair or modernization for the eventual sale to very-low to moderate income households. Priority will be given to very low and low income households. Funding for assistance may be used by the homeowner for housing rehabilitation such as, but not limited to, the following: · Correct housing code deficiencies · Eliminate incipient housing code violations · Eliminate conditions having a demonstrative blighting influence on surrounding properties · Replace housing elements which are nearing the end oftheir useful life · Adapt residence to meeting accessibility needs of a handicapped family member · Alleviate an overcrowded situation · Structural components that show signs of imminent collapse · Inoperable heating systems during winter months · Water leaks in walls or foundation · Inoperable toilet or hot water heater · Roof leaks causing electrical hazards, ceiling collapse or structural damage · Inoperable exterior doors and/or windows, preventing emergency egress · Exposed bare wires or other imminent fire hazard · Collapsed or inoperable chimney or flue · Falling ceiling . Lead based paint · Other conditions as deemed as an emergency condition by the City In certain cases the work to be done may of an emergency nature. In those cases where the health, safety and welfare of the household is in jeopardy, they shall receive priority. Conditions that may be considered as an emergency concern are as follows: Funding through the City's Housing Rehabilitation Program may also be used for Disabled Retrofit and Aging-In-Place type modifications to owner-occupied housing. Funding will be made available for households who are physically and/or mentally handicapped, or those as defined as having Special Needs as per 67- 03.27.06 16 37.002(11) F.A.C. Funding will also be made available to modify elderly household homes, that need renovations to allow them to remain independent in their homes, and prevents them from having to move out into an assisted living type arrangement. Improvements may include such things as: · Wheel chair ramps · Widening of doorways · Lowering of cabinets · Installation of grab-bars · Visual guiding systems for the hearing impaired · Improvements as deemed necessary for the disabled person to have a normal life · Improvements as deemed necessary to allow elderly residents to remain in their current home. a. Fiscal Years Covered: ALL b. Income Categories to be served: ALL c. Maximum award is noted on the Housing Delivery Goals Charts: d. Terms, Recapture and Default: Properties must be used for the principal/homestead residence of the recipient. Recipients must not rent, resell, or transfer title to property. Subordination of the City's loan will be allow in those cases where the subordination meets the City's Subordination Policy, as amended. Recipients must also abide by the City's loan and/or grant documents, which dictate conditions that will trigger recapture and default. e. Recipient Selection Criteria: The assistance may be in the form of a low interest loan, deferred payment loan and/or grant. All program recipients will be income eligible and will be selected using the City's Housing Pool Underwriting Guidelines, Policies and Procedures, as amended. f. Sponsor Selection Criteria: Eligible Sponsors will be selected using the City's Consolidated Action Plan Application. g. Additional Information: In the event of a natural and/or man-made disaster and a declaration by the local authorities, State of Florida and/or federal government of a disaster area, any funds that are unencumbered for the Down Payment and Closing Costs Assistance Strategy, may be used to assist with disaster recovery efforts. The expenditure of funds must be for eligible activities as permitted by SHIP statute, rule and/or emergency rule as published by the Florida Housing Finance Corporation. 03.27.06 17 03.27.06 D. MULTIFAMILY HOUSING Funds may be provided as loans and/or grants to support the acquisition and rehabilitation, or the new construction of multifamily housing, including single room occupancy, transitional housing, or the housing portion of a mixed use facility and/or mixed income projects. Funds may be used as a match for U.S. Department of Housing and Urban Development's HOME program and various other programs offered by the federal government and the State of Florida to produce and preserve multifamily housing. Funding may also be provided for Disabled Retrofit and Aging-In-Place type modifications to non-owner-occupied units. The maximum assistance for this type activity shall be $3,000.00. Funding will be made available for households who are physically and/or mentally handicapped, or those as defined as having Special Needs as per 67-37.002(11) F.A.C. Funding will also be made available to modifY elderly household homes that need renovations to allow them to remain independent in their homes, and prevents them from having to move out into an assisted living type arrangement. Improvements may include such things as: · Wheel chair ramps · Widening of doorways · Lowering of cabinets · Installation of grab-bars · Visual guiding systems for the hearing impaired · Improvements as deemed necessary for the disabled person to have a normal life Improvements as deemed necessary to allow elderly residents to remain in their current home. a. Fiscal Years Covered: ALL b. Income Categories to be served: ALL c. Maximum award is noted on the Housing Delivery Goals Charts: d. Terms, Recapture and Default: Recapture will be compliant with the HOME program requirements to ensure affordability as set forth in the City of Clearwater's Consolidated Plan, providing that the unit will be leased or rented to an eligible very low or low income household. When HOME funds are used with SHIP, the most restrictive rules and regulations will apply. SHIP funds used to match federal HOME program moneys may be repaid to the HOME program fund if required by federal law or regulations. The terms ofthe City's funding for multifamily rehabilitations or new construction developments will vary from project to project, depending on the economics of the development. 18 Loans or grants for eligible rental housing constructed, rehabilitated, or otherwise assisted under this strategy must be reserved for eligible persons for 15 years or the term ofthe assistance, whichever period is longer. The City, Eligible Sponsor or appointed designee, shall annually monitor and determine tenant eligibility throughout the 15 year compliance period. For those developments that the Florida Housing Finance Corporation provides the same monitoring and determination, the City may rely on such monitoring and determination of tenant eligibility. Eligible sponsors that offer rental housing for sale before 15 years or that have remaining mortgages funded under this strategy must give a first right of refusal to eligible nonprofit organizations for purchase at the current market value for continued occupancy by eligible persons. The SHIP assisted units in a rental housing project will be occupied only by households that are eligible as very-low to moderate income families. Maximum monthly rent limits will be those established annually by HOO and distributed by FHFC. The City of Clearwater will establish maximum monthly allowances for utilities and services and will review and approve rents proposed by the owner for units subject to the maximum rent limitations: The owner cannot refuse to lease SHIP assisted units to a certificate of voucher holder under 24 CFR part 982, Section 8 Tenant-Based Assistance: Unified Rule for Tenant-Based Assistance under the Section 8 Rental Certificate Program and the Section 8 Rental Voucher Program. e. Recipient Selection Criteria: The terms and conditions of the funds used in this strategy will be decided on case-by-case basis depending on the economics of the project and whether or not the project can support a payment type loan. Loans will be deferred, zero interest, low-interest or some combination thereof. Typically the City will work closely with the developer and other funding partners to assure that the proposed development(s) will have an adequate debt- service-coverage to support all levels of proposed funding. f. Sponsor Selection Criteria: Eligible Sponsors will be selected using the City's Consolidated Action Plan Application. Eligible Sponsors may apply for funding while funds are available. g. Additional Information: In the event of a natural and/or man-made disaster and a declaration by the local authorities, State of Florida and/or federal government of a disaster area, any funds that are unencumbered for the Down Payment and Closing Costs Assistance Strategy, may be used to assist with disaster recovery efforts. The expenditure of funds must be for eligible activities as permitted by SHIP statute, rule and/or emergency rule as published by the Florida Housing Finance Corporation. 03.27.06 19 1----- E. SINGLE-FAMILY ASSISTED BOND PROGRAM The City of Clearwater will provide SHIP funds to an eligible sponsor who shall be a local Housing Finance Authority (HFA). The SHIP funds will be for eligible very- low, low and moderate-income households to be used in conjunction with local bond issues. SHIP funds will be used to create a blended rate and thereby lowering the interest rate on the bond financed loans for eligible households. Loans can be for acquisition of existing homes, new construction and rehabilitation of existing homes. a. Fiscal Years Covered: ALL b. Income Categories to be served: ALL c. Maximum award is noted on the Housing Delivery Goals Charts: d. Terms, Recapture and Default: The local HFA will assure that all City SHIP files are properly documented to assure eligibility and compliance with SHIP guidelines, including expenditure guidelines and also assure that all households assisted with the City's SHIP funds reside in the City of Clearwater by providing periodic reports to the City of all Clearwater households assisted. SHIP Funds will be repaid to the City when the bond issue meets the Asset Parity Test. Once "the Asset Parity Test is reached (104%) with the bonds; and all premium bonds are paid off, a portion of surplus funds generated by mortgage repayments will, at the HFA's direction, be directed back to the HFA. From those funds, the HF A will repay the SHIP investors (local jurisdictions) and itself on a pro rata basis until all funds deposited in that issue are repaid. Repayment will be on a semi-annual basis. The Trustee manages those accounts and each bond issue must meet it's own parity test and they will occur at different times depending on the maturity of the issue, the number of prepayments and other issues. e. Recipient Selection Criteria: The SHIP funds will be provided to the local HFA at zero percent (0%) interest for very-low, low and moderate income households and be leveraged with their bond funds. The bond documents will specify the applicant selection criteria for the programs. Recipients will be selected based on compliance with all eligibility requirements of the SHIP Program and thereafter served on a first come, first served basis. . f. Sponsor Selection Criteria: Eligible Sponsors may apply for funding while funds are available. g. Additional Information: In the event of a natural and/or man-made disaster and a declaration by the local authorities, State of Florida and/or federal government of a disaster area, any funds that are unencumbered for the Down Payment and Closing Costs Assistance Strategy, may be used to assist with disaster recovery efforts. The expenditure of funds must be for eligible activities as permitted by SHIP statute, rule and/or emergency rule as published 03.27.06 20 03.27.06 by the Florida Housing Finance Corporation. F. FORECLOSURE PREVENTION Funds will be provided to assist households who have been previously assisted with City of Clearwater SHIP funds in order to prevent foreclosure. The City will provide funds only one time to bring a household current with their existing first mortgage, up to a maximum of six (6) payments or the maximum allowable subsidy under this strategy. The household must have been assisted with City of Clearwater SHIP, Community Development Block Grant and/or HOME Investment Partnership funds within the past five (5) years and in order to provide assistance to bring current, must be very- low, low or moderate income at the time the Foreclosure Prevention assisted is provided. The amount of the assistance will be added to the borrower's existing City of Clearwater loan through a modification of mortgage note. The household must commit to enroll in a credit counseling/budgeting course offered by an approved local provider and must contribute an amount equal to two months of their current mortgage payment. Applicants must also show that they will be able to keep the house out of default, genuinely want to keep the house, and must show they can make monthly mortgage payments. It is not only important to help people become homeowners, it is also important to make sure those homeowners stay in their homes. The intent under this strategy is designed to assist households that need funds to either stop their homes from being foreclosed, sold for non-payment of taxes, or protect if it is damaged. a. Fiscal Years Covered: ALL b. Income Categories to be served: ALL c. Maximum award is noted on the Housing Delivery Goals Charts: d. Terms, Recapture and Default: Properties must be used for the principal/homestead residence of the recipient. Recipients must not rent, resell, or transfer title to property. Subordination of the City's loan will be allow in those cases where the subordination meets the City's Subordination Policy, as amended. Recipients must also abide by the City's loan and/or grant documents, which dictate conditions that will trigger recapture and default. e. Recipient Selection Criteria: Assistance will only be provide where a valid (documented) hardship exist that is the cause for the delinquency on their first mortgage payments. The reason for the pending default, or delinquency, must not be of their own doing. Such examples of hardship include, but not limited to: · Loss of Employment, through no fault ofborrower(s) · Substantial Decrease in Household Income, through no fault of borrower( s) 21 · Death of Spouse · Temporary or Permanent Disability that Reduces Income · Recent Divorce that Reduces Income · Unforeseen Home Repairs . Natural Disaster . Fire In certain cases where foreclosure on the first mortgage in inevitable, the City may use SHIP funds to payoff the first mortgage and restructure the loan and/or acquire the dwelling and sell the property to an income eligible household. SHIP Funds may also be used to pay taxes and insurance, with the criteria that if the taxes and/or insurance is not paid, the household would lose their home. This will be a one-time assistance and only be provided if it is determined that the client will be able to pay the premium and/or, taxes at the next renewal time. Applicants requesting assistance for Insurance and Taxes must be very-low income, with a family member 62 years of age or older, or a family member with a disability receiving disability payments from Social Security. Additionally, eligibility for this strategy shall be done in an expedited manner and may include alternative forms of documentation, such as current pay stubs and benefit letters, as well as oral verification of employment wages, other income, and assets. f. Sponsor Selection Criteria: Eligible Sponsors will be selected using the City's Consolidated Action Plan Application. Eligible Sponsors may apply for funding while funds are available. g. Additional Information: In the event of a natural and/or man-made disaster and a declaration by the local authorities, State of Florida and/or federal government of a disaster area, any funds that are unencumbered for the Down Payment and Closing Costs Assistance Strategy, may be used to assist with disaster recovery efforts. The expenditure of funds must be for eligible activities as permitted by SHIP statute, rule and/or emergency rule as published by the Florida Housing Finance Corporation. G. RENTAL DEPOSIT - EVICTION PROTECTION PROGRAM The City, in an effort to assist households that are homeless, or at risk of becoming homeless, will use SHIP funds to provide the up front funds for households to obtain quality, safe, decent and affordable rental housing. The families must have the income to afford the monthly rental payments. The City will pay for such things as first month's rent, security deposit, utility connection/start-ups, up to a maximum of $3000.00. Funds will also be provided to those tenants in danger of being evicted from their current occupied rental units. 03.27.06 22 03.27.06 a. Fiscal Years Covered: ALL b. Income Categories to be served: VLI c. Maximum award is noted on the Housing Delivery Goals Charts: d. Terms, Recapture and Default: This funding will be in the form of a grant with no repayment requirement. e. Recipient Selection Criteria: Applicants using the Rental Deposit Programs must meet the following criteria: Very low income, must be homeless or at risk of homeless because of the inability to pay the rental deposit (first and last is also defined as rental deposit under this program). The lease must be for at least one year. Assistance is limited to a one-time award. Applicants cannot rent mobile homes. Eligibility will be performed on an expedited basis and may include alternative forms of documentation, such as current pay stubs and benefit letters, as well as oral verification of employment wages, other income, and assets. Assistance shall be done on a first-come, first-served basis. Applicants requesting assistance using the Eviction Protection Program must meet the following criteria: very low income, must be in danger of being evicted out oftheir rental dwelling unit because. oflate or non-payment. Applicants must show that they have the ability to pay the rent after the County's assistance is given without further assistance. Assistance is limited to a one-time award per twelve month period. Applicants cannot rent mobile homes. Eligibility will be performed on an expedited basis and may include alternative forms of documentation, such as current pay stubs and benefit letters, as well as oral verification of employment wages, other income, and assets. Assistance shall be done on a first-come, first-served basis. f. Sponsor Selection Criteria: This will be administered by the City, and/or an Eligible Sponsor. Eligible Sponsors will apply using the City's Consolidated Action Plan Application, or any other method as the City may develop. This program may be doing in partnership with the Pinellas County Coalition for the Homeless. h. Additional Information: In the event of a natural and/or man-made disaster and a declaration by the local authorities, State of Florida and/or federal government of a disaster area, any funds that are unencumbered for the Down Payment and Closing Costs Assistance Strategy, may be used to assist with disaster recovery efforts. The expenditure of funds must be for eligible activities as permitted by SHIP statute, rule and/or emergency rule as published by the Florida Housing Finance Corporation. H. DISASTER MITIGATION STRATEGY In the case of a natural or man made calamity, priorities need to be changed to meet 23 emergency conditions. This strategy will only be used if a disaster, and/or a declaration by the local authorities, State of Florida and/or federal government of a disaster. These funds will be used for the following activities: · Purchase of emergency supplies to waterproof damaged homes. · Interim repairs to avoid further damage, such as tree and debris removal required to make individual housing units habitable. · Construction of wells or repair of existing wells where public water is unavailable. · Payment of insurance deductibles for rehabilitation of homes covered under homeowners' insurance polices. · Security deposits and temporary rental assistance for displaced households. · Removal of incipient hazards that may damage a structure. a. Fiscal Years Covered: ALL b. Income Categories to be served: ALL c. Maximum award is noted on the Housing Delivery Goals Charts: d. Terms, Recapture and Default: Assistance provided under this strategy will be in the form of either a low-interest or deferred payment loan. In certain cases a grant may be issued. e. Sponsor Selection Criteria: Eligible Sponsors will be selected using the City's Consolidated Action Plan Application, or any other method(s) that the City may develop to expedite the selection of Eligible Sponsors during disaster periods. f. Additional Information: For all strategies listed above, the City of Clearwater reserves the right to buy the property at foreclosure sale to protect its loan interest. At that time, the City may re-sell the property to the homebuyer and restructure the fmancing, or sell the property to an approved Eligible Sponsor. The Eligible Sponsor agency will rehabilitate the property and sell it to a new income eligible homeowner. The City may foreclose itself if the homebuyer does not meet the terms of the City mortgage. Where not stated in the above strategies, the maximum home value will be that as currently being used by the Housing Finance Authority of Pine lias, as amended and updated. 03.27.06 24 III. LHAP INCENTIVE STRATEGIES Section 420.9071(16), F.S. The City of Clearwater has adopted a series of incentives to facilitate affordable housing. Because Clearwater is nearly "built out" new development is typically done on an "in-fill" basis. The City has worked with numerous developers on major construction projects in the past and in those activities, the City facilitated the developer's applications, assisted with permitting and provided a variety of incentives making projects attractive in the City. In addition to City of Clearwater Staff and the City's NAHAB reviews, monitors and evaluates the physical environment and lifestyle of very-low to moderate income households assisted by the programs that the City administers through the Housing Division. The City Staff and NAHAB also recommends specific initiatives to encourage or facilitate affordable housing while protecting the ability ofthe property to appreciate in value. Such recommendations may include the modification or repeal of existing policies, procedures, ordinances, regulations or plan provisions; the creation of exceptions applicable to affordable housing; or the adoption of new policies, procedures, regulations, ordinances or plan provisions. A. Name of the Strategy: Expedited Permit Processing Permits as defined in s. 163.3164(7) and (8) for affordable housing projects are expedited to a greater degree than other projects. a. Established policy and procedures: Buildin2: Department All affordable housing projects as defined in Chapter 163.3164(7) and (8) F.S., that are located within the City limits, will be required to submit a letter with their application for building permit requesting that their application receive "Expedited Processing". A copy of this letter must be sent to the City's Building Official and to the Assistant Director of Housing. These projects are to be expedited to a greater degree than other (non-affordable) projects. Once an applicant receives approval of their affordable housing project the Assistant Director of Housing shall be notified (via email) so that he can document the timing of the application process. Plannin2: Department The Planning Department will follow the City of Clearwater - Community Development Code when processing all affordable housing applications for activities that require such things as rezoning, land-use amendments, variances, development orders, etc. Under the Code all projects are reviewed and may be scheduled for the next meeting of the Development Review Committee (DRC - staff level review) and if needed, the Community Development Board (CDB). Many applications can be decided at the staff level and may not need to go the DRC and/or CDB. When 03.27.06 25 affordable housing projects and/or applications are submitted that can be decided at the Stafflevel, they shall receive priority and be reviewed before any non-affordable housing projects and/or applications. Applicants must indicated that their project will be an "Affordable" housing development and/or project. B. Name of the Strategy: Ongoing Review Process An ongoing process for review of local policies, ordinances, regulations and plan provisions that increase the cost of housing prior to their adoption. a. Established policy and procedures: The Planning Department, as part of its review of all proposed local policies, ordinances, regulations, plan provisions and code revisions, will forward comments to the Economic Development and Housing Department to prepare an economic impact analysis to determine, if any, the increase to the cost of housing prior to adoption. This analysis does not have to be anything sophisticated, but just show the anticipated increase in cost to an average home, or state that there will be "no impact" to the cost of housing. A copy of the economic analyses shall be provided to the Assistant Director of the Economic Development and Housing Department - Housing Division. In addition to City of Clearwater Staff, the City's Neighborhood and Affordable Housing Advisory Board NAHAB reviews, monitors and evaluates the physical environment and lifestyle of very-low to moderate income households in our community. The City Staff also recommend specific initiatives to encourage or facilitate affordable housing while protecting the ability of the property to appreciate in value. Such recommendations may include the modification or repeal of existing policies, procedures, ordinances, regulations or plan provisions; the creation of exceptions applicable to affordable housing; or the adoption of new policies, procedures, regulations, ordinances or plan provisions. The City of Clearwater holds public hearings and meetings to obtain citizen views and responds to citizen proposals and questions about proposed activities and program performance. Citizens and other partners emphasize the need for a broad range of opinion in the establishment of goals, objectives, projects and priorities and in the application, monitoring and evaluation of funded programs. Due to the relatively low numbers of new construction at the "affordable" level, and the fact that each development needs different types of incentives, projects are handled on a case-by-case basis. Typically, the City's Economic Development and/or Housing Division meets with a prospective affordable housing developer(s) to determine the level of assistance and needs of the project. Staff then assists the developer through the Building, Planning and Engineering Departments for plan review and the other various applications needed for approval. This allows the Housing and/or Economic Development Division to troubleshoot and provide explanations immediately. Because project needs are established up front, assistance can be provided seamlessly. 03.27.06 26 IV. EXHIBITS: A. Administrative Budget for each fiscal year covered in the Plan. Exhibit A. B. Timeline for Encumbrance and Expenditure: Chapter 67-37.005(6)(d) and (f) FA.C A separate time line for each fiscal year covered in this plan is attached as Exhibit B. Program funds will be encumbered by June 30 one year following the end of the applicable state fiscal year. Program funds will be fully expended within 24 months of the end of the applicable State fiscal year. C. Housing Delivery Goals Chart (HDGC) For Each Fiscal Year Covered in the Plan: Chapter 67-37.005), F.A.C. Completed HDGC for each fiscal year is attached as Exhibit C. D. Certification Page: Chapter 67-37.005(7), FA.C. Signed Certification is attached as Exhibit D. E. Adopting Resolution: Section 420.9072(2)(b)2, FS Original signed, dated, witnessed or attested adopting resolution is attached as Exhibit E. F. Program Information Sheet: Completed program information sheet is attached as Exhibit F. G. Ordinance: Section 420.9072(3)(a), FS. If changed from the original ordinance, a copy is attached as Exhibit G. H. Interlocal Agreement: Section 420.9072, F.s. A copy of the Interlocal Agreement, if applicable, is attached as Exhibit H. 03.27.06 27 EXHIBIT" A" ADMINISTRATION The State Housing Initiatives Partnership Program (SHIP) administration shall not exceed 1 0% of the City's annual allocation and 5% of program income received: FY2006-2007 FY2007-2008 FY2008-2009 SalarieslBenefits, Operating Equipment, I Travel/Training, Supplies, Membership $104,126.00 $104,126.00 $104,126.00 Dues , TOTAL $104,126.00 $104,126.00 $104,126.00 I 1 , I i , , I I Exhibit C C I T Y 0 F C LEA R W ATE R, F LOR IDA STATE HOUSING INITIATIVES PARTNERSHIP (SHIP) PROGRAM LOCAL HOUSING ASSISTANCE PLAN STATE FISCAL YEARS 2006-2009 2006 - 2007 AVERAGE/MAXIMUM AWARDS STRATEGY - A: DOWN PAYMENT & CLOSING COSTS ASSISTANCE Proposed average cost per unit................................................... ...$35,000.00 Proposed maximum cost/subsidy per unit.........................................$85,000.00 Proposed 2006-2007 maximum cost/subsidy per unit......................... $85,000.00 Proposed 2006-2007 average SHIP cost per unit................................$35,000.00 Proposed Number of households assisted..... ........ ....... ........ ................ .....12 STRATGY - B: REPLACEMENT HOUSING Proposed average cost per unit. ..................... ............ ...... ..............$65,000.00 Proposed maximum cost/subsidy per......................................... ..$125,000.00 Proposed 2006-2007 maximum cost/subsidy per unit........................$125,000.00 Proposed 2006-2007 average SHIP cost per unit...............................$65,000.00 Proposed Number of households assisted..................... ........................ ..2 STRATEGY - C: OWNER OCCUPIED REHABILITATION STRATEGY - D: MULTIFAMILY HOUSING Proposed average cost per unit..................................................... .$35,000.00 Proposed maximum cost/subsidy per unit...................................... .$85,000.00 Proposed 2006-2007 maximum cost/subsidy per unit........................$85,000.00 Proposed 2006-2007 average SHIP cost per unit.............................. $35,000.00 Proposed Number of households assisted.................................................12 Proposed average cost per unit.... ...... ..................... .......... ............ .$25,000.00 Proposed maximum cost/subsidy per.............. ..... ...................... ....$1 00,000.00 Proposed 2006-2007 maximum cost/subsidy per unit........................$100,000.00 Proposed 2006-2007 average SHIP cost per unit...............................$25,000.00 Number of households assisted........................................................... ...20 STRATEGY - E: SINGLE FAMILY BOND PROGRAM ASSISTANCE Proposed average cost per unit..................................................... .$5,000.00 Proposed maximum cost/subsidy per unit.......................................$50,OOO.OO Proposed 2006-2007 maximum cost/subsidy per unit........................$50,000.00 Proposed 2006-2007 average SHIP cost per unit...............................$5,000.00 Number of households assisted.............. .................... ... ...... ............ .......16 Exhibit C STRATEGY - F: FORECLOSURE PREVENTION Proposed average cost per unit.................................................... ..$3,000.00 Proposed maximum cost/subsidy per unit.......................................$10,000.00 Proposed 2006-2007 maximum cost/subsidy per unit........................$10,000.00 Proposed 2006-2007 average SHIP cost per unit...............................$3,000.00 Number of households assisted........................................................... ...5 STRATEGY - G: RENTAL DEPOSIT PROGRAM Proposed average cost per unit....................... ........ .......... .............$2,000.00 Proposed maximum cost/subsidy per unit.......................................$3,000.00 Proposed 2006-2007 maximum cost/subsidy per unit........................$3,000.00 Proposed 2006-2007 average SHIP cost per unit...............................$2,000.00 Number of households assisted........................................................... ...5 STRATEGY - H: DISASTER MITIGATION PROGRAM - OWNER-OCCUPIED Proposed average cost per unit..................................................... .$2,000.00 Proposed maximum cost/subsidy per unit .......................................$10,000.00 Proposedo2006-2007 maximum cost/subsidy per unit........................$10,000.00 Proposed 2006-2007 average SHIP cost per unit......................... 00 00 00$2,000.00 Number of households assisted 00.. 00 00 00...... 00..............00... 00......00 00...00..... ...5 STRATEGY - H: RENTAL DEPOSIT PROGRAM - RENTAL Proposed average cost per unit..................................................... .$2,000.00 Proposed maximum cost/subsidy per unit.......................................$3,000.00 Proposed 2006-2007 maximum cost/subsidy per unit........................$3,000.00 Proposed 2006-2007 average SHIP cost per unit...............................$2,000.00 Number of households assisted.......... ............ ...... .... ........ ...... ......... .......1 0 Exhibit C C I T Y 0 F C LEA R W ATE R, F LOR I D A STATE HOUSING INITIATIVES PARTNERSHIP (SHIP) PROGRAM LOCAL HOUSING ASSISTANCE PLAN STATE FISCAL YEARS 2006-2009 2007 - 2008 AVERAGE/MAXIMUM AWARDS STRATEGY - A: DOWN PAYMENT & CLOSING COSTS ASSISTANCE Proposed average cost per unit.......... ...... ...... ............................. ...$35,000.00 Proposed maximum cost/subsidy per unit.........................................$85,000.00 Proposed 2007-2008 maximum cost/subsidy per unit......................... $85,000.00 Proposed 2007-2008 average SHIP cost per unit................................$35,000.00 Proposed Number of households assisted....... ............... ............ .... ..... ......12 STRATGY - B: REPLACEMENT HOUSING Proposed average cost per unit.................................................... ..$65,000.00 Proposed maximum cost/subsidy per ...........................................$125,000.00 Proposed 2007-2008 maximum cost/subsidy per unit........................$125,000.00 Proposed 2007-2008 average SHIP cost per unit...............................$65,000.00 Proposed Number of households assisted..................... ........................ ..2 STRATEGY - C: OWNER OCCUPIED REHABILITATION Proposed average cost per unit..................................................... .$35,000.00 Proposed maximum cost/subsidy per unit.. .............. ...................... .$85,000.00 Proposed 2007-2008 maximum cost/subsidy per unit....................... .$85,000.00 Proposed 2007-2008 average SHIP cost per unit.............................. $35,000.00 Proposed Number of households assisted.................................................12 STRATEGY - 0: MULTIFAMILY HOUSING Proposed average cost per unit..................................................... .$25,000.00 Proposed maximum cost/subsidy per............. ................. ............. ..$1 00,000.00 Proposed 2007-2008 maximum cost/subsidy per unit........................$100,000.00 Proposed 2007-2008 average SHIP cost per unit...............................$25,000.00 Number of households assisted........................................................... ...20 STRATEGY - E: SINGLE FAMILY BOND PROGRAM ASSISTANCE Proposed average cost per unit.................................................... ..$5,000.00 Proposed maximum cost/subsidy per unit.......................................$50,000.00 Proposed 2007-2008 maximum cost/subsidy per unit...................... ..$50,000.00 Proposed 2007-2008 average SHIP cost per unit...............................$5,000.00 Number of households assisted.................... ............... ........................ ...16 Exhibit C STRATEGY - F: FORECLOSURE PREVENTION Proposed average cost per unit............................... ..................... ..$3,000.00 Proposed maximum cost/subsidy per unit..................................... ..$1 0,000.00 Proposed 2007-2008 maximum cost/subsidy per unit........................$10,000.00 Proposed 2007-2008 average SHIP cost per unit...............................$3,000.00 Number of households assisted.... .... ..... ........................ ......... .... ............5 STRATEGY - G: RENTAL DEPOSIT PROGRAM Proposed average cost per unit.................................................... ..$2,000.00 Proposed maximum cost/subsidy per unit.......................................$3,000.00 Proposed 2007-2008 maximum cost/subsidy per unit........................$3,000.00 Proposed 2007-2008 average SHIP cost per unit...............................$2,000.00 Number of households assisted........................................................... ...5 STRATEGY - H: DISASTER MITIGATION PROGRAM - OWNER-OCCUPIED Proposed average cost per unit..................................................... .$2,000.00 Proposed maximum cost/subsidy per unit .......................................$10,000.00 Proposed 2007-2008 maximum cost/subsidy per unit....;...................$10,000.00 Proposed 2007-2008 average SHIP cost per unit...............................$2,000.00 Number of households assisted.......................................................... ....5 STRATEGY - H: RENTAL DEPOSIT PROGRAM - RENTAL Proposed average cost per unit.................................................... ..$2,000.00 Proposed maximum cost/subsidy per unit...................................... .$3,000.00 Proposed 2007-2008 maximum cost/subsidy per unit........................$3,000.00 Proposed 2007-2008 average SHIP cost per unit...............................$2,000.00 Number of households assisted........................................................... ...1 0 Exhibit C C I T Y 0 F C LEA R W ATE R, F LOR IDA STATE HOUSING INITIATIVES PARTNERSHIP (SHIP) PROGRAM LOCAL HOUSING ASSISTANCE PLAN STATE FISCAL YEARS 2006.2009 2008 .2009 AVERAGE/MAXIMUM AWARDS STRATEGY - A: DOWN PAYMENT & CLOSING COSTS ASSISTANCE Proposed average cost per unit................................................ ......$35,000.00 Proposed maximum cost/subsidy per unit...................................... ...$85,000.00 Proposed 2008-2009 maximum cost/subsidy per unit......................... $85,000.00 Proposed 2008.2009 average SHIP cost per unit................................$35,000.00 Proposed Number of households assisted............................... ................. .12 STRATGY - B: REPLACEMENT HOUSING Proposed average cost per unit......................................... ............ .$65,000.00 Proposed maximum cost/subsidy per ...........................................$125,000.00 Proposed 2008-2009 maximum cost/subsidy per unit........................$125,000.00 Proposed 2008-2009 average SHIP cost per unit...............................$65,000.00 Proposed Number of households assisted..................... ........................ ..2 STRATEGY - C: OWNER OCCUPIED REHABILITATION Proposed average cost per unit..................................................... .$35,000.00 Proposed maximum cost/subsidy per unit.......................................$85,000.00 Proposed 2008-2009 maximum cost/subsidy per unit........................$85,000.00 Proposed 2008-2009 average SHIP cost per unit.............................. $35,000.00 Proposed Number of households assisted............................................ .....12 STRATEGY - 0: MULTIFAMILY HOUSING Proposed average cost per unit.................................................... ..$25,000.00 Proposed maximum cost/subsidy per............................................ .$1 00,000.00 Proposed 2008-2009 maximum cost/subsidy per unit........................$100,000.00 Proposed 2008-2009 average SHIP cost per unit...............................$25,000.00 Number of households assisted....... ........................ ......... .......... ............20 STRATEGY - E: SINGLE FAMILY BOND PROGRAM ASSISTANCE Proposed average cost per unit........................................... .... .......$5,000.00 Proposed maximum cost/subsidy per unit..................................... ..$50,000.00 Proposed 2008-2009 maximum cost/subsidy per unit....................... .$50,000.00 Proposed 2008-2009 average SHIP cost per unit............................. ..$5,000.00 Number of households assisted................. .......................... ...... .............16 Exhibit C STRATEGY - F: FORECLOSURE PREVENTION Proposed average cost per unit...................................................... $3, 000.00 Proposed maximum cost/subsidy per unit...................................... .$1 0,000.00 Proposed 2008-2009 maximum cost/subsidy per unit........................$10,000.00 Proposed 2008-2009 average SHIP cost per unit...............................$3,000.00 Number of households assisted........................................................... ...5 STRATEGY - G: RENTAL DEPOSIT PROGRAM Proposed average cost per unit................ ......................................$2,000.00 Proposed maximum cost/subsidy per unit.......................................$3,000.00 Proposed 2008-2009 maximum cost/subsidy per unit........................$3,000.00 Proposed 2008-2009 average SHIP cost per unit...............................$2,000.00 Number of households assisted.......................... ................................ ....5 STRATEGY - H: DISASTER MITIGATION PROGRAM - OWNER-oCCUPIED Proposed average cost per unit..................................................... .$2,000.00 Proposed maximum cost/subsidy per unit .......................................$10,000.00 Proposed 2008-2009 maximum cost/subsidy per unit........................$10,000.00 Proposed 2008-2009 average SHIP cost per unit...............................$2,000.00 Number of households assisted..............................................................5 STRATEGY - H: RENTAL DEPOSIT PROGRAM - RENTAL Proposed average cost per unit..................................................... .$2,000.00 Proposed maximum cost/subsidy per unit..................................... ..$3,000.00 Proposed 2008-2009 maximum cost/subsidy per unit........................$3,000.00 Proposed 2008-2009 average SHIP cost per unit...............................$2,000.OO Number of households assisted..... .................. ......... ... ..... ...... ............ ....1 0 t-. 0 0: 0 ~ w CD I- 0 ~ 0 N 0: 0: ~ ~ ..J >- 0 ..J ~ !D ~ 0 - 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Cl C :;::l III 'x W I- <'> o .: <'> N .,. I- :: Q) Z .-- ~ i:: E u <( 5 u.. Q) E 8 E E ~ '" e n. " :I o E <( x '" :::;: iIi 4) "C E 5 g ~ OJ E ~ -g ~Q. .r e ~ :5 a.. a::: c .! "'C "C .,g 'cu .s Q) ::J > uti..c<t Q) Q) :.s ii 'e '0' (fl '0 0..0::01- t!- ill r.o 01 0 <D to (t) N ("") C") C") ;: c~-~~-~ 5a~~~ E <( C ~ o "0 ... CU ~ m CI) C E o 0 :;::l U Q) ~ ..5 E .2::0 Ci: .3 g ~i Q) 0 >...1 :;;: (), N ... ;; <D o ci <{ ;1: o 0 o 0 cO cci <D <D N. C\I_ ~ ; 0.0_ z; t; 'cf. ~ ";f. ~ ~~01tO ~ M ~ ~ Q) E o u ..5 Q) .... ~..J Q)<( "01- ~g Exhibit D CERTIFICATION TO FLORIDA HOUSING FINANCE CORPORATION Name of Local Government: City of Clearwater (1) The local government will advertise the availability of SHIP funds pursuant to Florida Statutes. (2) All SHIP funds will be expended in a manner which will insure that there will be no discrimination on the basis of race, creed, religion, color, age, sex, familial or marital status, handicap, or national origin. (3) A process for selection of recipients for funds has been developed. (4) The eligible municipality or county has developed a qualification system for applications for awards. (5) Recipients of funds will be required to contractually commit to program guidelines. (6) The Florida Housing Finance Corporation will be notified promptly if the local government (or interlocal entity) will be unable to comply with the provisions the plan. (7) The Local Housing Assistance Plan shall provide for the expenditure of SHIP funds within 24 months following the end of the State fiscal year in which they are received. (8) The plan conforms to the Local Government Comprehensive Plan, or that an amendment to the Local Government Comprehensive Plan will be initiated at the next available opportunity to insure conformance with the Local Housing Assistance Plan. (9) Amendments to the approved Local Housing Assistance Plan shall be provided to the Corporation with in 21 days after adoption. (10) The trust fund shall be established with a qualified depository for all SHIP funds as well as moneys generated from activities such as interest earned on loans. (11) Amounts on deposit in the local housing assistance trust fund shall be invested as permitted by law. (12) The local housing assistance trust fund shall be separately stated as a special revenue fund in the local governments audited financial statements, copies of the audits will be forwarded to the Corporation as soon as available. 13) An interlocal entity shall have its local housing assistance trust fund separately audited for each state fiscal year, and the audit forwarded to the Corporation as soon as possible. 1 October 2003 Exhibit D Page 2 Certification (14) SHIP funds will not be pledged for debt service on bonds or as rent subsidies. (15) Developers receiving assistance from both SHIP and the Low Income Housing Tax Credit (LIHTC) Program shall comply with the income, affordability and other LIHTC requirements, Similarly, any units receiving assistance from other federal programs shall comply with all Federal and SHIP program requirements. (16) Loans shall be provided for periods not exceeding 30 years, except for deferred payment loans or loans that extend beyond 30 years which continue to service eligible persons. (17) Rental Units constructed or rehabilitated with SHIP funds shall be monitored at least annually for 15 years for compliance with tenant income requirements and affordability requirements or as required in Section 420.9075 (3)(e) (18) The Plan meets the requirements of Section 420-907-9079 FS, and Rule Chapter 67-37 FAC, and how each of those requirements shall be met. (19) The provisions of Chapter 83-220, Laws of Florida _has or _ has not been implemented. Chief Elected Official or designee Witness Witness Frank V. Hibbard - Mayor Type Name and Title Date OR Attest: (Seal) 2 October 2003 RESOLUTION NO. 06-25 A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA, ADOPTING THE CITY OF CLEARWATER STATE HOUSING INITIATIVES PARTNERSHIP (SHIP) LOCAL HOUSING ASSISTANCE PLAN COVERING STATE FISCAL YEARS 2006-2009; PROVIDING AN EFFECTIVE DATE. WHEREAS, the NEIGHBORHOOD AFFORDABLE HOUSING ADVISORY BOARD has met its statutory and organizational assignments by preparing a set of recommendations to the City Council addressing affordable housing incentives and associated issues; and WHEREAS, the NEIGHBORHOOD AFFORDABLE HOUSING ADVISORY BOARD has reviewed and approved STATE HOUSING INITIATIVES PARTNERSHIP LOCAL HOUSING ASSISTANCE PLAN covering State Fiscal Years 2006- 2009 at their April 11, 2006 meeting; and WHEREAS, the LOCAL HOUSING ASSISTANCE PLANS provides that ten percent (10%) of the total SHIP allocation will be used for administrative expenses, and WHEREAS, Section 420.9075(6), Florida Statutes, provides that the City may use five percent (5%) of its annual SHIP allocations for administrative expenses. Florida Statutes also provides that if the City Council makes a finding, by resolution, that five percent (5%) is not sufficient to cover the administrative costs, the City may take up to ten percent (10%) of its annual allocation for administration plus five percent (5%) of program income; and WHEREAS, the City of Clearwater finds that five percent (5%) of the SHIP funds are insufficient to adequately pay the necessary costs of administering the City's SHIP program. The City of Clearwater finds it necessary to increase up to but not to exceed ten percent (10%) of local housing distributions deposited in the trust fund to cover administrative costs; and WHEREAS, the maximum sales prices and values for new and existing homes associated with the LOCAL HOUSING ASSISTANCE PLAN covering Fiscal Years 2003-2006, shall be those as utilized by the Housing Finance Authority of Pinellas County, as amended and updated, now, therefore, Resolution No. 06-25 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The City of Clearwater hereby accepts the NEIGHBORHOOD AFFORDABLE HOUSING ADVISORY BOARD recommendations attached to this resolution as the LOCAL HOUSING ASSISTANCE PLAN covering State Fiscal Years 2006- 2009. Section 2. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this day of ,2006. Frank V. Hibbard Mayor Approved as to form: Attest: Bryan D. Ruff Assistant City Attorney Cynthia E. Goudeau City Clerk I ! I 2 Resolution No. 06-25 . Exhibit F STATE HOUSING INITIATIVES PARTNERSHIP (SHIP) PROGRAM INFORMATION SHEET LOCAL GOVERNMENT: CITY OF CLEARWATER CHIEF ELECTED OFFICIAL (Mayor, Chairman, etc.): Frank V. IDbbard ADDRESS: 112 S. Osceola Avenue. Clearwater. FL 33765 SHIP ADMINISTRATOR: Howie Carroll ADDRESS: 112 S. Osceola Avenue. Clearwater. FL 33765 TELEPHONE: (727) 562.4031 FAX:(727) 562.4037 EMAIL ADDRESS:howie.carroll@myclearwater.com ADDITIONAL SHIP CONTACTS: Terry Malcolm-Smith ADDRESS: 112 S. Osceola Avenue. Clearwater. FL 33765 EMAIL ADDRESS:terry.malcolm-smith@myclearwater.com INTERLOCAL AGREEMENT: YES/NO (IF yes, list other participants in the inter-local agreement): The following information must be furnished to the Corporation before any funds can be disbursed. LOCAL GOVERNMENT EMPLOYER FEDERAL ID NUMBER: MAIL DISBURSEMENT TO: Earl Uchiyama, Controller- Housing Division ADDRESS: 112 S. Osceola Avenue. Clearwater. FL 33765 OR:IF YOUR FUNDS ARE ELECTRONICALLY TRANSFERRED PLEASE COMPLETE THE A TT ACHED FORM: NO CHANGE FROM PREVIOUS ELECTRONIC FORM SUBMITTED. Provide any additional updates the Corporation should be aware of III the space below: Please return this form to: SHIP PROGRAM MANAGER, FHFC 227 N. BRONOUGH ST, STE 5000 TALLAHASSEE, FL 32301 Fax: (850) 922-7253 ater City Council _,_~en~~Cover Mern.~ra-:!dum Erg... \ 8.ci Trackino Number: 2,026 Actual Date: 04/20/2006 Subject / Recommendation: Approve the applicant's request to vacate a 5-foot drainage and utility easement lying along the north property line of Lot 4, Unit Two Island Estates and to vacate the 5-foot drainage and utility easement lying along the south property line of Unit Two Island Estates, (a.k.a. 125 and 143 Island Way), subject to a condition, and pass Ordinance 7628-06 on first reading, (VAC2006-06 G.F.B. Development, LLC). Summary: Proposed is the redevelopment of two properties presently developed with multiple-family buildings by consolidating the two properties into a single condominium development. The Community Development Board approved two Flexible Development Cases on January 17, 2006 allowing the construction of a single 27-unit condominium building on the subject property. Verizon, Knology, Bright House and Progress Energy have no objections to the vacation request. The City of Clearwater presently has a 30-inch stormwater pipe in the subject easements. The applicant has submitted a plan proposing a replacement easement that is satisfactory to Public Works Administration. The existing storm pipe will be relocated by the applicant at their expense. According to a condition of approval contained in the ordinance, the vacation will not become effective until the applicant deeds to the City of Clearwater a replacement easement satisfactory to the City Engineer. Public Works Administration has no objections to the vacation request subject to the aforementioned cond ition. Orioinating: Engineering Section: Administrative public hearings Category: Vacation of Easements and Rights of Way Number of Hard Cooies attached: 3 Public Hearing: Yes Advertised Dates: 04/06/2006 04/13/2006 Financial Information: Review Aooroval Glen Bahnick 03-27-2006 09:35:07 Cvndie Goudeau 04-07-2006 15:07: 14 Michael Ouillen 03-27-2006 14:28:48 ~---------- -- Garrv Brumback Bryan Ruff Bill Horne City Council ~~~a Cf?ver Memoranc!~m__ 04-06-2006 12:43:25 03-28-2006 12:11:07 04-07-2006 14:44:26 ORDINANCE NO. 7628-06 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, VACATING THE TWO FIVE-FOOT DRAINAGE AND UTILITY EASEMENTS, ONE LYING ALONG THE NORTH PROPERTY LINE OF LOT FOUR OF UNIT TWO ISLAND ESTATES OF CLEARWATER, AND THE OTHER FIVE-FOOT DRAINAGE AND UTILITY EASEMENT LYING ALONG THE SOUTH PROPERTY LINE OF LOT FIVE OF UNIT TWO ISLAND ESTATES OF CLEARWATER; PROVIDING AN EFFECTIVE DATE. WHEREAS, GFB Development LLC, owner of real property located in the City of Clearwater, has requested that the City vacate the drainage and utility easement depicted in Exhibit A attached hereto; and WHEREAS, the City Council finds that said easement are not necessary for municipal use and it is deemed to be in the best interest of the City and the general public that the same be vacated; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following: Vacate two 5-foot drainage and utility easements, one lying along the north property line of Lot 4, Unit Two Island Estates of Clearwater, as recorded in Plat Book 47, Page 19A of the Public Records of Pinellas County, Florida and the other 5-foot drainage and utility easement lying along the south property line of Lot 5, of said Unit Two Island Estates of Clearwater, as recorded in Plat Book 47, Page 19A and 20, Public Records of Pinellas County, Florida, subject to the following condition: This vacation shall not become effective until the applicant deeds to the City of Clearwater a replacement easement satisfactory to the City Engineer. Section 2. The City Clerk shall record this ordinance in the public records of Pinellas County, Florida, following adoption. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Frank V. Hibbard Mayor Approved as to form: Attest: Bryan D. Ruff Assistant City Attorney Cynthia E. Goudeau City Clerk Ordinance No. 7628-06 Exhibit A Map: GFB Development, LLC PELICAN PORT 110-93 33 PHASE 1 PHASE 2 32 31 r- > ;0 OJ o > ;0 Q ~ eo( 60 30 3/02 in '> ~ Q ~ eo( 61 29 62 28 5 63 27 13/01 Vacation Requested By Applicant 64 26 5' 4 Draina e & Utility Easement 65 25 66 24 67 23 13/05 13/04 13/06 THE ISLANDER CONDO 11-64 68 22 11 60 70 69 20 WINDWARD PSGE 2 18 17 ~ Clearwater N City of Clearwater w4tE Public Works Administration I Engineering Vacate 5-ft. drainage and utility easement lying along nortt U~ s property line of Lot 4 and the south property line of Lot 5. ~ Island estates Unit 2. Ordinance 7628-06 Drawn By: S.K. Reviewed By: S.D. Scale: 1" = 200 ft DWG. NO V AC 2006-06 Grid # 2678 S-T-R 08-29s-15e Date: 03/09/06 Location Map: GFB Development, LLC ~ Clearwater N City of Clearwater w4tE Public Works Administration I Engineering o~ Vacate 5-ft. drainage and utility easement lying along north ~ s property line of Lot 4 and the south property line of Lot 5, Island estates Unit 2. Ordinance 7628-06 Drawn By: S.K. Reviewed By: S.D. Scale: N.T.S DWG. NO V AC 2006-06 Grid # 2678 S-T-R 08-295-15e Date: 03/09/06 .. o .. City Council _=,~_~g~.!:!.da . Cover Memoran~,=,~~,~._~_"~= EhS ~uf 8.5 Tracking Number: 1,564 Actual Date: 04/20/2006 Subject / Recommendation: Approve the applicant's request to vacate a portion of Osceola Avenue lying adjacent to Lots 4 through 11 of Jennie Cate subdivision, (a.k.a. 400 Jones Street), a portion of an alleyway, three drainage and utility easements and a public ingress-egress easement, all more particularly described in Ordinance Number 7613-05 attached, and pass Ordinance Number 7613-06 on first reading subject to conditions, (VAC2005-12 Island View Properties, LLC; Harrison Village Properties, LLC; Triangle Land S.A., LLC; and Georgia Street Properties, LLC), Summary: The applicant proposes to consolidate approximately 4.97 acres of property into two developments, a 279 unit condominium to be known as Island View and a retail/residential building proposed to house 45 residential units and 30,000 square feet of non-residential floor area. The applicant has agreed to deed to the City of Clearwater the right-of-way needed to construct a new Osceola Avenue segment from Georgia Street south to Jones Street in alignment with the existing intersection of Osceola Avenue on the north side of Georgia Street. Verizon, Knology, Clearwater Gas and Progress Energy have facilities present in the right-of-way portion to be vacated and have no objection provided that the applicant bears all relocation costs for their facilities. Bright House Networks has no objections to the vacation request. Several conditions of approval are proposed as part of the vacation ordinance to protect the City of Clearwater and private utility interests in this street portion. Accordingly, the vacation ordinance will not become effective until; 1) unencumbered title to the new right-of-way is deeded to the city, 2) the new right-of-way for Osceola Avenue is improved adequately to accommodate emergency vehicles, 3) all utilities in the portion of Osceola Avenue to be vacated shall be relocated to the satisfaction of the owners of the utilities and at the sole expense of the applicant, and 4) within thirty (30) days of adoption of the ordinance the applicant shall provide to the City of Clearwater a performance bond of an amount not less than one (1) million dollars to pay for the cost to make the final improvements to complete the newly deeded portion of Osceola Avenue within two (2) years of the date of adoption of this ordinance. If the applicant does not meet all conditions required to effectuate the ordinance within 180 days, the ordinance will be rendered null and void. Public Works Administration has no objections to the vacation request provided that the proposed conditions of approval are adopted. Originating: Engineering Section Administrative public hearings Category: Vacation of Easements and Rights of Way Number of Hard Copies attached: 6 Public Hearing: Yes Advertised Dates: 04/06/2006 04/13/2006 City Council Age.nda Cover~~emorandum Financial Information: Review Approval Glen Bahnick 04-11-2006 15:25:45 Garrv Brumback 04-13-2006 12:05:15 Michael Quillen 04-11-2006 15:36:40 Cvndie Goudeau 04-13-2006 13:48:40 Bryan Ruff 04-12-2006 11:24:16 Bill Horne 04-13-2006 13:41 :44 ORDINANCE NO. 7613-06 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, VACATING, A PORTION OF SECTION 9, TOWNSHIP 29 SOUTH, RANGE 15 EAST, BEING A PART OF THE EXISTING RIGHT-OF-WAY OF OSCEOLA AVENUE AND A PORTION OF AN ALLEY LYING NORTH OF LOTS 2 AND 3 OF JONES SUBDIVISION OF NICHOLSON'S ADDITION TO CLEARWATER HARBOR; THREE DRAINAGE AND UTILITY EASEMENTS AND ONE INGRESS EGRESS EASEMENT; SUBJECT TO APPLICANT FULFILLING ALL OBLIGATIONS AND REQUIREMENTS DESCRIBED HEREIN; PROVIDING AN EFFECTIVE DATE AND CONDITIONAL RECISION. WHEREAS, Triangle S.A. Land, LLC, Georgia Street Properties, LLC, Harrison Village Properties, LLC, and Island View Properties, LLC, (collectively "Applicant") owners of real property located in the City of Clearwater, have requested that the City vacate a portion of Osceola Avenue the right-of-way as legally described and depicted in Exhibit A ("Parcel Three") attached hereto; and WHEREAS, in consideration of the City vacating Parcel Three, Applicant agrees to simultaneously convey to the City of Clearwater unencumbered insured title in and to Parcel Two as legally described and depicted in Exhibit B attached hereto; and WHEREAS, the Clearwater City Council finds that said right-of-way as described in Exhibit A is not necessary for municipal use as same shall be replaced by lands described in Exhibit B, Council shall dedicate as replacement Osceola Avenue right-of- way upon conveyance by Applicant; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following: A portion of Section 9, Township 29 South, Range 15 East, Pinellas County, Florida being a part of the existing right-of-way of Osceola Avenue and a portion of an alley lying north of Lots 2 and 3, Block 2, of Jones Subdivision of Nicholson's Addition to Clearwater harbor as recorded in Plat Book 1, Page 13 of the Public Records of Hillsborough County, Florida, of which Pinellas County was formerly a part, being more particularly described as follows: Commence at the northeast corner of Lot 1 of A. B. Jennie Cates Subdivision, also being the intersection of the southerly right-of-way line of Georgia Street and the Westerly right-of-way line of North Fort Harrison Avenue, thence along the southerly right-of-way line of Georgia Street S 880 49' 45" W, 212.46 feet to the POINT OF BEGINNING; thence along the easterly right-of-way line of Osceola Avenue, (formerly known as Virginia Place), S 00019' 25" E, Ordinance No. 7613-06 333.32 feet; thence N 890 49' 02" E, 49.23 feet; thence along the westerly boundary of a vacated alley per O. R. Book 7546, Page 607, S 010 01' 42" E, 12.50 feet; thence S 890 53' 10" W, 66.67 feet to a non-tangent curve concave northwesterly, having a radius of 45.00 feet; thence southwesterly along said curve and said easterly right-of-way line of Osceola Avenue, 15.74 feet through a central angle of 200 02' 38" (chord bearing S 490 19' 36" W, 15.66 feet); thence S 000 04' 22" E, 12.90 feet; thence S 790 39' 30" W, 80.02 feet; thence S 00047' 26" E, 12.31 feet; thence N 89044' 18" W, 55.03 feet to a point lying on the westerly right-of-way line of Osceola Avenue; thence along said westerly right-of-way line of said Osceola Avenue by the following three courses: 1 - N 000 50' 40" E, 59.79 feet; 2 - thence N 890 58' 45" E, 121.94 feet; 3 - thence N 000 21' 07" W, 334.58 feet to a point on the southerly right-of-way line of Georgia Street; thence along the southerly right-of-way line of said Georgia Street N 880 40' 45" E, 40.02 feet to the point of beginning; and Vacate the drainage and utility easement retained over the full width of a vacated alley (said vacation recorded in O. R. Book 7270, Pages 1731 and 1732 of the Official Records of Pinellas County, Florida) described as the 10-foot north-south alley lying West of Lots 1-3, inclusive, and East of Lots 4-7, inclusive, A. B. and Jennie Cates Subdivision, according to the map or plat thereof, as recorded in Plat Book 1, Page 64 of the Public Records of Pinellas County, Florida; and Vacate the drainage and utility easement retained over the full width of a vacated alley portion (said vacation recorded in O. R. Book 7546, Pages 607 and 608 of the Official Records of Pinellas County, Florida) described as that portion of the East-West alley lying north of and adjacent to the original boundary of Lot B, Bergens Replat, according to the plat or map thereof as recorded in Plat Book 26, Page 41 of the Public Records of Pinellas County, . together with that portion of the East-West alley lying North of and adjacent to the easterly 1/3 of Lot 3, Block 2, Jones Subdivision of Nicholson's Addition to Clearwater Harbor, as recorded in Plat Book 1, Page 13 of the Public Records of Hillsborough County, Florida, of which Pinellas County was formerly a part, less and except the West 25 feet thereof; and Vacate the drainage and utility easement retained over the full width of a vacated alley (said vacation recorded in O. R. Book 7519, Page 329 and 330 of the Official Records of Pinellas County, Florida) described as the 15-foot North/South alley lying along the West 15 feet of Lots A & B, Bergens Replat as recorded in Plat Book 26, Page 41 of the Public Records of Pinellas County, Florida; and Vacate the Ingress/Egress easement (recorded in O. R. Book 7540, Pages 275 - 278), described as a parcel of land located in Section 9, Township 29 South, Range 15 East, being more particularly described as: Commence at the northeast corner of Lot B of Bergens Replat, as recorded in Plat Book 26, Page 41 of the Public Records of Pinellas County, Florida; thence South (S 000 22' 10" E Platted Bearing), along the westerly right-of-way line of North Fort Harrison Avenue (a 55 foot right-of-way), a distance of 7.10 feet to the POINT OF BEGINNING; thence continue South 24.00 feet; thence leaving said right-of-way N 89049' 47" W, a distance of 134.65 feet; thence N 400 53' 26" W, a distance of 41.25 feet to the Southerly line of an alley; thence north, a distance of 12.47 feet to the northerly line of said alley; thence S 890 58' 02" E along said northerly line a distance of 6.00 feet; thence leaving said line S 530 2 Ordinance No. 7613-06 55' 58" E, a distance of 33.40 feet; thence S 890 49' 47" E. a distance of 128.65 feet, to the POINT OF BEGINNING, subject to the following conditions: The vacation of the above-described portion of Osceola Avenue shall not become effective unless and until: 1) Unencumbered title in and to the new 50-foot right-of-way of Osceola Avenue described as "Parcel Two", attached, is conveyed to the City of Clearwater by General Warranty Deed, with title therein insured for not less than $400,000 by a nationally recognized underwriter of Title Insurance authorized to conduct business in the State of Florida. 2) Prior to conveyance, and subject to City of Clearwater inspection and approval, said Applicant shall adequately improve Parcel Two at Applicant's expense, to a level that will permit access over the full length of said Parcel Two by emergency vehicles. 3) Prior to conveyance, Applicant shall also relocate all existing utilities lying with the portion of Osceola Avenue herein vacated (Parcel Three) to Parcel Two to the satisfaction of the owners of said utilities and at the sole expense of said Applicant. 4) Within two (2) years of the date of adoption of this ordinance, the said Applicant shall have improved Parcel Two in accordance with all City of Clearwater construction standards and shall within thirty (30) days of the date of adoption of this ordinance provide to the City of Clearwater a performance bond in an amount of not less than one million dollars ($1,000,000.00), said bond to be used for payment of construction costs related to the City of Clearwater making the final improvements to Parcel Two should said Applicant not have Parcel Two improvements completed within the two-year period specified herein. Section 2. Within two (2) years of the date of adoption of this ordinance and prior to issuance of the certificate of occupancy said Applicant shall have completed all improvements to Parcel Two in accordance with all City of Clearwater construction standards or the City of Clearwater at its sole option may then utilize the performance bond to fund final right-of-way improvements to Parcel Two. Section 3. This ordinance shall take effect upon conveyance of Parcel Two to the City of Clearwater as described in Section 1 hereof. Section 4. If all conditions precedent to this Ordinance becoming effective are not met within one hundred and eighty (180) days following adoption, this Ordinance shall thereafter be null and void in all respects as though never adopted, and the City Clerk shall thereafter record a Notice of Rescission to that effect in the public records of Pinellas County, Florida. Section 5. The City Clerk shall record this ordinance in the public records of Pinellas County, Florida, following adoption. PASSED ON FIRST READING 3 Ordinance No. 7613-06 PASSED ON SECOND AND FINAL READING AND ADOPTED Approved as to form: Bryan D. Ruff Assistant City Attorney Frank V. Hibbard Mayor Attest: Cynthia E. Goudeau City Clerk 4 Ordinance No. 7613-06 Location Map: Island View Properties, LLC. Triangle S.A. Land, LLC. , Georgia Street Properties, LLC. , Harrison Village Properties, LLC. s.... o ..c s.... CO I METTO I====:J S CEDAR ~OO NICHOLSON 00 lao L Jill I D ~ w ELDRIDGE ~ ~ ~ I fill I ~ ~ MAPLE MARGO 0 NICHOLSON D ST PROJECT SITE c:::J MAPLE v::: D~ P JONES D ~ D D I III I D ~~D DREW ST D ~~D D D~ ~ w ffi HENDRICKS D <l: ~~~D ~ o ~~ LJ D D ID~u PARK 0:: I D5ED~ PIERCE w ~ HA S ti Q) a. CIl ~ a. S.R. 60 PIERCE ~D~D' w ~ () 0:: Z ~ ~D~I ST < ~ Ii: City of Clearwater Public Works Administration / Engineering Vacate a portion of Osceola Avenue, part of Alley and easements. Ordinance 7613-06 Drawn By; S.K. Reviewed By: S.D. Scale: N.T.S DWG. NO V AC 2005-12 Grid # 2778 S - T - R 09-29s-15e Date: 03/24/06 ~ Clearwater u~ ~ ... . EXHIBIT SECTION 9 TOWNSHIP 29 S. RANGE 15E PINELLAS COUNTY. FLORIDA PROJECT NUMBER 3324-02 GEORGIA SlREET 8 9 60 30 0 ~ ~ -1- SCALE: 1"=60' .1"\ IV A. 8. !r. JENNIE SATES SU8DI\/ISION PB 1. PC; 64 ------- PARCEL FOUR . . I I ------ A PART OF SECT/ON 9, TOWNSHIP 29 SOUTI-I, RANGE 15 EAST -0 I A PART OF SECT/ON 9, TOWNSHIP 29 SOUTI-I, RANGE 15 EAST N89V46 121.94. --,!ACATED 10' ALLEY ~. . lie Ii PARCEL THREE LOT A z !3 N8ge44'1ft'W 55.03' LEGEND BNDY = BOUNDARY COR - CORNER OR = OFFICIAL RECORDS BOOK PB - PLAT BOOK PG = PAGE POB = POINT OF BEGINNING pac - POINT OF COMMENCEMENT R/W = RIGHT-OF-WAY SR - STATE ROAD US = UNITED STATES I LOT 1 BLOCK 2 NOT A SURVEY DATE SKETCH & DESCRIPTION 08/05/05 REVISED 08/18/05 H: \IN\3324\DWG\3324P3S&D.DWG N88.4O' 46"E ~ ~ t - z I I "A" b S88'40' 45"W 212.46' I I ---II II ~L__ ::II ~ 1ll::1u- I,uVl~ ll:~_ )..~ . I I ~~~ Q;:) I <:~ - - ----1 ~~ ~ ~~~ I I i~ LOT 4 l5 0 _ _PLATLJ. _ __ LOT 7 LOT 6 I.&J ::::) ~ < i i!: {5 z A.B. It JENNIE C TES SUBDIVISION ~ P.B. 1 PG. 6 ~ LOT 5 I I l-l JONES SUBDIVISION Of" NICHOLS ON'S ADllIllON TO I ClEARWATER HARBOR P.B. 1 I PG.13 H1LJ..SBllROUGH COUNlY b c. i APORT/ON LOTS 2 It 3 BLOCK 2 PARCEL 3 EXISllNG OSCEOLA AVENUE LOT 1 LOT 2 LOT J w ..oij!: 0 Z l; S~~~ 3 0 I- ....J ~""~Clllu !:: <: 11)......, ....J W \.u - W 0 ~~l;~~ U 0::: a:.... <: 0::: <( ~ ~ll::!2<c <( a... O~lIill: a... ~~e ORAl AGE AND UT/UTY EASEMENT 'ACATED ALLEY PER O.R. OOK 7546, PGS. 607-608 ~~S GRESS EASEMENT PER - O. .B 7540 PGS. 275-278 ---- ORAl AGE AND UT/UTY EASEMENT VACATED ALLEY PER M O. BOOK 7519 PGS. ,]19-,]21 I \J LOT B I I Ir- BERGENS REPLA T P.8. 26 PG. 41 LOT A SHE E T 1 OF 2 POLARIS ASSOCIATES INC, PROFESSIONAL SURVEYING LB 6113 2915 5.R. 590. SUITE 17 CLEARWA TER, FLORIDA 33759 (727) 669-0522 DESCRIPTION PARCEL THREE EXISTING OSCEOLA AVENUE A PORTION OF SECTION 9, TOWNSHIP 29 SOUTH, RANGE 15 EAST, PINELLAS COUNTY, FLORIDA, BEING THE EXISTING RIGHT-OF -WA Y OF OSCEOLA AVENUE AND A PORTION OF AN ALLEY LYING NORTH OF LOTS 2 AND 3 OF JONES SUBDIVISION OF NICHOLSON'S ADDITION TO CLEARWATER HARBOR AS RECORDED IN PLAT BOOK 1, PAGE 13 OF HILLSBOROUGH COUNTY, FLORIDA, OF WHICH PINELLAS COUNTY WAS FORMERLY A PART, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHEAST CORNER OF SAID LOT 1 OF JENNIE CATES SUBDIVISION, ALSO BEING THE INTERSECTION OF THE SOUTHERLY RIGHT-OF-WAY LINE OF GEORGIA STREET AND THE WESTERLY RIGHT-OF-WAY LINE OF NORTH FORT HARRISON AVENUE THENCE ALONG THE SOUTHERLY RIGHT-OF-WAY LINE OF GEORGIA STREET S.88'40'45'"W., 212.46 FEET TO THE POINT OF BEGINNING; THENCE ALONG THE EASTERLY RIGHT-OF - WAY LINE OF OSCEOLA AVENUE, S.00'19'25'"E.. 333.32 FEET; THENCE N.89.49'02"E., 49.23 FEET; THENCE ALONG THE WESTERLY BOUNDARY OF A VACATED ALLEY PER O.R. BOOK 7546, PAGE 607, S.01'01'42"E.. 12.50 FEET; THENCE S.89.53'10"W., 66.67 FEET TO A NON- TANGENT CURVE CONCAVE NORTHWESTERLY, HAVING A RADIUS OF 45.00 FEET; THENCE SOUTHWESTERLY ALONG SAID CURVE AND SAID EASTERLY RIGHT-OF-WAY LINE OF OSCEOLA AVENUE, 15.74 FEET THROUGH A CENTRAL ANGLE OF 20'02'38" (CHORD BEARING S.49'19'36"W. 15.66 FEET); THENCE S.00'04'22"E., 12.90 FEET; THENCE S.79'39'30"W., 80.02 FEET: THENCE S.00'47'26'"E., 12.31 FEET; THENCE N.89'44'18'"W., 55.03 FEET; THENCE ALONG THE WESTERLY RIGHT-OF-WAY LINE OF SAID OSCEOLA AVENUE BY THE FOLLOWING THREE COURSES: 1 - N.00'50'40'"E., 59.79 FEET; 2 - THENCE N.89.58'45'"E., 121.94 FEET; 3 - THENCE N.00'21'07'"W., 334.58 FEET; THENCE ALONG THE SOUTHERLY RIGHT-OF-WAY LINE OF SAID GEORGIA STREET, N.88.40'45"E., 40.02 FEET TO THE POINT OF BEGINNING. CONTAINING 0.478 ACRES, MORE OR LESS. CURVE TABLE CURVE I RADIUS I LENGTH I DELTA I CHORD BEARING I CHORD C1 I 45.00 I 15.74 I 20'02'38" I S49'19'36"W I 15.66 LINE TABLE LINE BEARING L 1 S01'01' 42"E L2 SOO'04'22"E L3 SOO.47'26"E DISTANCE 12.50' 12.90' 12.31' NOTES . 1. BEARINGS ARE BASED ON THE WEST RIGHT-OF-WAY LINE OF OSCEOLA AVENUE, BEING ASSUMED AS SOO.16'19"E. 2. LEGAL DESCRIPTION WAS PREPARED BY POLARIS ASSOCIATES, INC. 3. RE-USE OF THIS SKETCH FOR PURPOSES OTHER THAN WHICH IT WAS INTENDED, WITHOUT WRITTEN VERIFICATION, WILL BE AT THE RE-USERS SOLE RISK AND WITHOUT LIABILITY TO THE SURVEYOR. NOTHING HEREIN SHALL BE CONSTRUED TO GIVE ANY RIGHTS OR BENEFITS TO ANYONE OTHER THAN THOSE CERTIFIED TO. 4. THIS SKETCH IS NOT INTENDED TO SHOW THE LOCATION OR EXISTENCE OF ANY JURISDICTIONAL, HAZARDOUS OR ENVIRONMENTALLY SENSITIVE AREAS. 5. THIS SKETCH WAS PREPARED WITHOUT THE BENEFIT OF AN ABSTRACT OF TITLE AND MAY BE SUBJECT TO EASEMENTS. RESTRICTIONS, RIGHTS-OF-WAY AND OTHER MATTERS OF RECORD. CE RTIFICATION I HEREBY CERTIFY THAT THE SKETCH REPRESENTED HEREON MEETS THE MINIMUM TECHNICAL STANDARDS SET FORTH BY THE FLORIDA BOARD OF PROFESSIONAL LAND SURVEYORS IN CHAPTER 61G17-6, FLORIDA ADMINISTRATIVE CODE, PURSUANT TO SECTION 472.027 FLORIDA STATUTES. SKETCH & DESCRIPTION DATE 08/05/05 PARCEL 3 EXISl1NG OSCEOLA AVENUE JOHN O. DIE HL PROFESSIONAL SURVEYOR LS 4053. STATE OF FLORIDA SHEET 2 OF 2 , POI..ARIS ASSOCIATES INC. PROFESSIONAL SURVEYING LB 6113 2915 S.R. 590. SUITE 17 CLE'ARWA TER, FLORIDA 33759 (727) 669-0522 NOT A SURVEY H: \IN\3324\DWG\3324P3S&D.DWG EXHIBIT "B" SECTION 9 TOWNSHIP 29 S. RANGE 15E PINELLAS COUNTY. FLORIDA PROJECT NUMBER 3324-02 GEORGIA STREET N88"40' ~"E 50.01 8 LOT 7 J LOT 1 9 LOT 6 I A.B. t!t JENNl LaJ - - - - LaJ SUBDIVISI ::) ." ::) P.B. 1 PG.64 Z IV ~ ~ A. 8. & JENNIE ~TES SUBor.1SION LOT 5 P8 1. PG 64 4( 4( 80 40 0 -- -- ~ ~ ~ I ~ I 11 LOT 4 t:i LOT J en ~ i2 SCALE: 1"=80' PARCEL FOUR 1ft 0:: en 4( --- 0 ~ A PART OF SECnON 9. ~ 0::: ~ w to- TOWNSHIP 29 :J Z ~ SOUTH. RANGE 15 EAST 0:: 0 0 0 l.J.... --:PART OF SEctON 9. z ...J ...J B~ w ~ w p U U , 0::: {5 0::: Gl <( TOWNSHIP 29 <( r ~~ 0... Z SOUTH. RANGE 15 EAST 0... to 8 z ~ PARCEL THREE LOT B LOT 2 BLOCK 2 Jj I I I I I I I L T i (LCK2 DRAINAGE AND unLlTY EASEMENT VACA1ED ALLEY PER O.R. BOOK 7546. PGS. 607-608 INGRESS/EGRESS EASEMENT PER O.R.BOOK 7540 PGS. 275-278 I -- I LOT 1 BLOCK 2 L -- JONES SUBDIVISION OF Ll NICHOLSON'S ADDIllON TO CLEARWATER I HARBOR P.B. 1 PG.13 HILLS BOROUGH COUNTY BERGENS REPLAT P.B. 26 PG. 41 I L-a-- DRAINAGE AND unuTY EA ElotENT VACATED ALlEY PE O.R.BOOK 7519 PGS. 3 9-330 LOT A ~ BNDY = BOUNDARY COR = CORNER OR = omCIAL RECORDS BOOK PB = PLAT BOOK PG = PAGE POB - POINT OF BEGINNING POC = POINT OF COMMENCEMENT R/W = RIGHT-QF-WAY SR = STATE ROAD US = UNITED STATES _I JONES STREET 50.00 S89OS'22"W REVISED 09/15/05 NOT A SURVEY SHEET 1 OF 2 DATE SKETCH & DESCRIPTION 08/05/05 REVISED 08/18/05 H: \IN\3324\DWG\3324P2S&D.DWG PARCEL 2 PROPOSED OSCEOLA AVENUE POL.ARI8 ASSOCIATES INC. PROFESSIONAL SURVEYING LB 611J 2915 S.R. 590. SUITE 17 CLEARWA TER. FLORIDA JJ759 (727) 669-0522 DESCRIPTION PARCEL TWO PROPOSED OSCEOLA AVENUE A PORTION OF LOTS 1, 2, 3, 4, 5, 6 AND 7 OF A.B. & JENNIE CATES SUBDIVISION, AS RECORDED IN PLAT BOOK 1 PAGE 64 OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA AND THE VACATED ALLEYS PER O.R. BOOK 7270, PAGE 1731, PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA AND A PORTION OF THE DRAINAGE AND UTILITY EASEMENT RECORDED IN O.R. BOOK 7519, PAGE 329, PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA AND A PORTION OF THE INGRESS - EGRESS EASEMENT RECORDED IN O.R. BOOK 7540, PAGE 275. PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA AND A PORTION OF GOVERNMENT LOT 4 IN SECTION 9, TOWNSHIP 29 SOUTH, RANGE 15 EAST AND A PORTION OF LOTS A AND B OF BERGENS REPLAT, AS RECORDED IN PLAT BOOK 26, PAGE 41 OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA AND A PORTION OF A VACATED ALLEY PER O.R. BOOK 7546, PAGE 607 OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA, AND A PORTION OF LOT 3 BLOCK 2 OF JONES SUBDIVISION OF NICHOLSON'S ADDITION TO CLEARWATER HARBOR AS RECORDED IN PLAT BOOK 1 PG. 13, PUBLIC RECORDS OF HILLSBOROUGH COUNTY OF WHICH PINELLAS COUNTY WAS FORMERLY A PART, ALL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHEAST CORNER OF SAID LOT 1 OF JENNIE CATES SUBDIVISION, ALSO BEING THE INTERSECTION OF THE SOUTHERLY RIGHT-OF-WAY LINE OF GEORGIA STREET AND THE WESTERLY RIGHT-OF-WAY LINE OF NORTH FORT HARRISON AVENUE; THENCE ALONG THE SOUTHERLY RIGHT-OF-WAY LINE OF GEORGIA STREET S.88'40'45"W., 100.02 FEET TO THE POINT OF BEGINNING; THENCE S.00'16'19"E., 528.34 FEET, ALONG A LINE 100.00 FEET WEST OF AND PARALLEL WITH THE WESTERLY RIGHT-OF-WAY LINE OF NORTH FORT HARRISON AVENUE; THENCE ALONG THE NORTHERLY RIGHT-OF-WAY LINE OF JONES STREET, S.89'59'22"W.. 50.00 FEET; THENCE N.00'16'19"W., 527.20 FEET; THENCE ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE OF GEORGIA STREET, N.88'40'45"E., 50.01 FEET TO THE POINT OF BEGINNING. CONTAINING 0.606 ACRES, MORE OR LESS. NOTES 1. BEARINGS ARE BASED ON THE WEST RIGHT-OF-WAY LINE OF OSCEOLA AVENUE, BEING ASSUMED AS SOO'16'19"E. 2. LEGAL DESCRIPTION WAS PREPARED BY POLARIS ASSOCIATES, INC. 3. RE-USE OF THIS SKETCH FOR PURPOSES OTHER THAN WHICH IT WAS INTENDED, WITHOUT WRITTEN VERIFICATION, WILL BE AT THE RE-USERS SOLE RISK AND WITHOUT LIABILITY TO THE SURVEYOR. NOTHING HEREIN SHALL BE CONSTRUED TO GIVE ANY RIGHTS OR BENEFITS TO ANYONE OTHER THAN THOSE CERTIFIED TO. 4. THIS SKETCH IS NOT INTENDED TO SHOW THE LOCATION OR EXISTENCE OF ANY JURISDICTIONAL, HAZARDOUS OR ENVIRONMENTALLY SENSITIVE AREAS. 5. THIS SKETCH WAS PREPARED WITHOUT THE BENEFIT OF AN ABSTRACT OF TITLE AND MAY BE SUBJECT TO EASEMENTS, RESTRICTIONS, RIGHTS-OF-WAY AND OTHER MATTERS OF RECORD. CE RTIFICATION I HEREBY CERTIFY THAT THE SKETCH REPRESENTED HEREON MEETS THE MINIMUM TECHNICAL STANDARDS SET FORTH BY THE FLORIDA BOARD OF PROFESSIONAL LAND SURVEYORS IN CHAPTER 61G17-6, FLORIDA ADMINISTRATIVE CODE, PURSUANT TO SECTION 472.027 FLORIDA STATUTES. SKETCH & DESCRIPTION DATE 08/05/05 PARCEL 2 PROPOSED OSCEOLA AVENUE JOHN O. DIEHL PROFESSIONAL SURVEYOR LS 4053, STATE OF FLORIDA SHEET 2 OF 2 , POI.ARIS ASSOCIATES INC. PROFESSIONAL SURVEYING LB 6113 2915 5.R. 590. SUITE 17 CLEARWA TER. FLORIDA 33759 (727) 669-0522 REVISED 09/15/05 NOT A SURVEY H: \IN\3324 \DWG\3324P2S &D.DWG City Council _.~~!!nda ~over ~~t~l!!2,!:!.!1du,rr' PLU - , 8,~ Trackino Number: 2,032 Actual Date: 04/20/2006 Subject / Recommendation: Approve amendments to the Community Development Code increasing parking requirements for residential infill in HDR Zone and allowing sandwich board signs during public construction projects and pass Ordinance 7630-06 on first reading. Summary: The amendments present a change in current policy or a new policy issue and are outlined here: - Parking Requirements This ordinance increases the Residential Infill Project minimum parking space requirement for residential dwellings from 1 space to 2 spaces per unit in the HDR Zoning District. -Sign Requirements This ordinance proposes an amendment to the exception for the prohibition of sandwich board signs. The amendment permits sandwich board signs during public construction projects. Attached please find the staff report for further analysis, and Ordinance No. 7630-06. The Community Development Board (CD B) will review the proposed amendment at its regularly scheduled meeting on April 18, 2006, and recommended its approval to the City Council. The Planning Department will report the recommendation of the CDB at the April 20, 2006 City Council meeting. Originating: Planning Section: Administrative public hearings Cateoorv: Code Amendments, Ordinances and Resolutions Number of Hard Copies attached: 0 Public Hearing: Yes Advertised Dates: 04/03/2006 04/17/2006 Financial Information: Review Approval Gina Clavton Michael Delk 03-27-2006 16:09:26 04-04-2006 10:23:11 04-10-2006 14:35:21 04-03-2006 10:41: 18 04-04-2006 10:25:21 04-11-2006 09:23:42 Garry Brumback Michael Delk Michael Delk Sue Diana Michael Delk Cyndie Goudeau Bill Horne City Council ___~"~da Cover Me!!,orandum 04-03-2006 10:42:40 04-07-2006 13:47:53 04-10-2006 17:28:54 ORDINANCE NO. 7630-06 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA MAKING AMENDMENTS TO THE COMMUNITY DEVELOPMENT CODE BY AMENDING ZONING DISTRICT TABLE 2-504, HIGH DENSITY RESIDENTIAL (HDR) DISTRICT, TO INCREASE THE MINIMUM OFF-STREET PARKING REQUIREMENT FOR RESIDENTIAL INFILL PROJECTS FROM 1 SPACE TO 2 PARKING SPACES PER UNIT; AND AMENDING ARTICLE 3, DEVELOPMENT STANDARDS, SECTION 3-1803.1, SIGNS, TO AMEND THE EXCEPTION FOR THE PROHIBITION OF SANDWICH BOARD SIGNS; AND AMENDING ARTICLE 3, DEVELOPMENT STANDARDS, SECTION 3-1805, TO PERMIT SANDWICH BOARD SIGNS DURING PUBLIC CONSTRUCTION PROJECTS, AND SIZE AND MATERIAL STANDARDS FOR SUCH SIGNS; 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 City of Clearwater has determined where the Community Development Code needs clarification and revision, and WHEREAS, the City of Clearwater supports providing means of business identification during lengthy public construction projects, and WHEREAS, the City of Clearwater desires for the Community Development Code to function effectively and equitably throughout the City, now therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. Article 2, Zoning Districts, Section 2-504, Table 2-504 HDR District Flexible Development, is amended as follows: 1 Ordinance No. 7630-06 Section 2-504. Flexible development. The following Level Two uses are permitted in the HDR District subject to the standards and criteria set out in this section and other applicable regulations in Article 3. Table 2-504. "HDR" Flexible Development Standards Use Min. Lot Area Min. Lot Width Min. Setbacks (ft.) Max. Height Min. Off-Street (sa. ft.) (ft.) (ft.) Parking Front Side Rear( I ) Attached 15,000 150 15--25 0--10 10--15 30--130 1.5/unit Dwellings Congregate Care 15,000 150 25 10 15 30 I per 2 residents Overnight 15,000 150 15--25 0--10 10--15 30 I1unit Accommodations Parking Garage 20,000 100 50 15--25 10 10--20 nla and Lots(2) Parks and nla nla 35 20 25 30 I per 20,000 SF recreational land area or as facilities determined by the Community Development Coordinator based on ITE Manual standards Residential InfiII nla nla 10--25 0--10 0--15 30--130 l2/unit Projects(3) Section 2. Article 3, Development Standards, Section 3-1803.1, Signs, is amended as follows: I. Sandwich board signs, except in the DO'.vntovm District 3S providod in Section 3 1805(U) except as provided in Section 3-1805. Y. Section 3. Article 3, Development Standards, Section 3-1805, Signs, is amended as follows: Y. Sians durina public construction proiects. Temporary sandwich board siQns are permitted for properties abuttinQ public construction projects that are scheduled to last 180 days or 10nQer. in accordance with the followina criteria. (1) There shall be a maximum of two (2) sandwich board sions permitted per parcel adiacent to the public construction project. and parcels with multiple businesses shall coordinate COpy on the sjons permitted. (2) Sandwich board sions permitted under this section shall be allowed to be displaved for the duration of the public construction project startino with project commencement and shall be removed within seven (7) days after the final acceptance. bv the City. of improvements. (3) The size of any sandwich board siQn shall not exceed eiQht (8) square feet in area. and shall not exceed four (4) feet in heioht. 2 Ordinance No. 7630-06 (4) Sandwich board siqns permitted under this section shall be constructed in a professional and workmanlike manner from treated wood or other durable material. and COpy displayed shall not be spray painted onto the siqns. (5) No sandwich board siqn. permitted as part of this section shall be permanently erected. and shall only be displayed durinq hours of operation for the business beinq advertised. (6) No sandwich board siqn shall be placed so as to block any public way. or within the visibility trianqle of intersections or driveways. Section 4. Amendments to the Land 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 5. The City of Clearwater does hereby certify that the amendments contained herein, as well as the provisions of this Ordinance, are consistent with and in conformance with the City's Comprehensive Plan. Section 6. 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 7. Notice of the proposed enactment of this Ordinance has been properly advertised in a newspaper of general circulation in accordance with applicable law. Section 8. This ordinance shall take effect immediately upon adoption. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Frank V. Hibbard Mayor Approved as to form: Attest: Leslie Dougall-Sides Assistant City Attorney Cynthia E. Goudeau City Clerk 3 Ordinance No. 7630-06 CDB Meeting Date: Case: Ordinance No.: Agenda Item: April 18. 2006 T A2006-03002 7630-06 Fl CITY OF CLEARWATER PLANNING AND DEVELOPMENT SERVICES ADMINISTRATION STAFF REPORT TEXT AMENDMENTS REQUEST: Amendments to the Community Development Code, regarding sandwich board signs, signs during public construction projects, and increasing parking requirements for attached dwellings as Residential Infill projects in the High Density Residential (HDR) District. INITIATED BY: City of Clearwater Planning Department ANALYSIS: The Planning Department is recommending three amendments to the Community Development Code. These amendments address parking in the High Density Residential District and sandwich board signs. Please find below a summary of these proposed amendments. Also attached is Ordinance No. 7630-06 which includes the specific amendments. Within the ordinance document, text that is underlined indicates proposed language and text containing strikethroughs indicate deletions. Article 2 - Zonim! Districts · Parking Requirements (Pages 1 - 2 of Ordinance) Ordinance No. 7630-06 increases the Residential Infill Project minimum parking space requirement for residential dwellings, from 1 space to 2 spaces per unit in the HDR Zoning District. This amendment addresses concerns raised by the Planning Department, the City Council, and the public regarding the need for additional parking for new residential development and was inadvertently left out of Ordinance No. 7605-06. Page 1 Amendments to the Community Development Code, Proposed Ordinance No. 7630-06 Staff Report Article 3 - Develooment Standards · Prohibition of Sandwich Board Signs (Page 2 of Ordinance) The Planning Department has drafted an amendment that will remove the exception to the prohibition of sandwich board signs for the Downtown District, to be consistent with the Clearwater Downtown Redevelopment Plan. A new exception is proposed to be added that provides for temporary sandwich board signs for businesses during lengthy public construction projects. · Sandwich Board Signs During Public Construction Projects (pages 2 - 3 of Ordinance) This ordinance amendment provides for temporary sandwich signs for businesses abutting public construction projects. The amendment regulates the number of such signs allowed per parcel, as well as the appearance, height and size of signs. The amendment provides for such signs during the timeframe of construction. The intent of the amendment is to offset potential business access confusion. CRITERIA FOR TEXT AMENDMENTS: Code Section 4-601 specifies the procedures and criteria for reviewing text amendments. Any code amendment must comply with the following. 1. The proposed amendment is consistent with and furthers the goals, policies, objectives of the Comprehensive Plan. Below is a list of goals, policies, objectives from the Clearwater Comprehensive Plan that are furthered by the proposed amendments to the Community Development Code: . Goal 4 - 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. The proposed amendments provide for increased parking requirements for residential development, strengthening the Residential Infill Project Criteria with regard to parking. 2. The proposed amendments further the purposes of the Community Development Code and other City ordinances and actions designed to implement the Plan. The proposed amendments are consistent with the provisions of Section 1-103 that lists the purposes of the Code. Page 2 Amendments to the Community Development Code, Proposed Ordinance No. 7630-06 Staff Report SUMMARY AND RECOMMENDATION: The proposed amendments to the Community Development Code are consistent with the Clearwater Comprehensive Plan and the purposes of the Community Development Code. The amendments will ensure adequate parking in high density areas and will assist business during lengthy public construction projects. The Planning Department Staff recommends APPROVAL of Ordinance No. 7630-06 which makes revisions to the Community Development Code. Prepared by Planning Department : Michael H. Reynolds, AICP ATTACHMENT: Proposed Amendments to the Community Development Code Ordinance No. 7630-06 S:IPlanning DepartmentlCommunity Development Codel2006 Code AmendmentslCode 2.5lStaff Report- 2006 Amendments Ord. No. 7630-06 04. 18. 06. doc Page 3 Amendments to the Community Development Code, Proposed Ordinance No. 7630-06 Staff Report City Council Agendf:l Coye!..~l!!ora n~ u m ~., pLD - a q. l Tracking Number: 2,024 Actual Date: 04/20/2006 Subject / Recommendation: Approve the Petition for Annexation, Future Land Use Plan Amendment from the County Residential Low (RL) Category to the City Residential Low (RL) Category and Zoning Atlas Amendment from the County R-3, Single-Family Residential District to the City Low Medium Density Residential (LMDR) District for 1734 Lucas Drive (Lot 21, Block 5, according to the Plat of Virginia Grove Terrace Third Addition); and Pass Ordinance 7610-06, 7611-06 & 7612-06 on first reading. Summary: This annexation involves a 0.192-acre property consisting of one parcel, which is located on the east side of Lucas Drive, approximately 650 feet north of the intersection of Lucas Drive and SR 590. The property is located within an enclave and is not contiguous to existing City boundaries; therefore, the proposed annexation is consistent with Pinellas County requirements with regard to voluntary annexation. The applicant is requesting this annexation in order to receive sanitary sewer and solid waste service from the City. The subject site is approximately 0.192 acres in area and is being developed with a single family detached dwelling. It is proposed that the property be assigned a Future Land Use Plan designation of Residential Low (RL) and a zoning category of Low Medium Density Residential (LMDR). The Planning Department determined that the proposed annexation is consistent with the following standards specified in the Community Development Code: The proposed annexation will not have anadverse impact on public facilities and their level of service. The proposed annexation is consistent withthe City's Comprehensive Plan, the Countywide Plan and the Community Development Code. The subject site is located within an enclave,is not contiguous to city boundaries and reduces the enclave. This annexation has been reviewed by the Pinellas Planning Council (PPC) County staff in accordance with the provisions of Pinellas County Ordinance No. 00-63, Section 7(1-3), and no objections have been raised. Please refer to the attached report (ANX2005-12040) for the complete staff analysis. The Community Development Board reviewed this proposed annexation at its regularly scheduled meeting on March 21, 2006 and unanimously recommended approval. Originating: Planning Section Quasi-judicial public hearings Category: Annexations, Land Use Plan and Zoning Number of Hard Copies attached: 0 Public Hearing: Yes City Council ~,genda Cover Memorandum Advertised Dates: 03/06/2006 04/17/2006 Financial Information: Review Approval Steven Brown Cvndie Goudeau Michael Delk Garrv Brumback Leslie Dougall-Sides Bill Horne 03-27-2006 10:57:39 04-07-2006 15:05:50 03-27-2006 11:03:43 04-06-2006 12:40:38 03-27-2006 13:44: 13 04-07-2006 14:50: 10 ORDINANCE NO. 7610-06 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, ANNEXING CERTAIN REAL PROPERTY LOCATED ON THE EAST SIDE OF LUCAS DRIVE, APPROXIMATELY 650 FEET FROM THE INTERSECTION OF LUCAS DRIVE AND SR 590, CONSISTING OF LOT21 , BLOCK 5, ACCORDING TO THE PLAT OF VIRGINIA GROVE TERRACE THIRD ADDITION, WHOSE POST OFFICE ADDRESS IS 1737 LUCAS DRIVE, INTO THE CORPORATE LIMITS OF THE CITY, AND REDEFINING THE BOUNDARY LINES OF THE CITY TO INCLUDE SAID ADDITION; PROVIDING AN EFFECTIVE DATE. WHEREAS, the owner of the real property described herein and depicted on the map attached hereto as Exhibit A has petitioned the City of Clearwater to annex the property into the City pursuant to Section 171.044, Florida Statutes, and the City has complied with all applicable requirements of Florida law in connection with this ordinance; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following-described property is hereby annexed into the City of Clearwater and the boundary lines of the City are redefined accordingly: Lot 21, Block 5, according to the Plat of Virginia Grove Terrace Third Addition as recorded in Plat Book 37, Page 74, Public Records of Pinellas County, Florida. (ANX2005-12040) Section 2. The provisions of this ordinance are found and determined to be consistent with the City of Clearwater Comprehensive Plan. The City Council hereby accepts the dedication of all easements, parks, rights-of-way and other dedications to the public, which have heretofore been made by plat, deed or user within the annexed property. The City Engineer, the City Clerk and the Planning Director are directed to include and show the property described herein upon the official maps and records of the City. Section 3. This ordinance shall take effect immediately upon adoption. The City Clerk shall file certified copies of this ordinance, including the map attached hereto, with the Clerk of the Circuit Court and with the County Administrator of Pinellas County, Florida, within 7 days after adoption, and shall file a certified copy with the Florida Department of State within 30 days after adoption. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Frank V. Hibbard Mayor Approved as to form: Attest: Leslie K. Dougall-Sides Assistant City Attorney Cynthia E. Goudeau City Clerk Ordinance No. 7610-06 ORDINANCE NO. 7611-06 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE FUTURE LAND USE PLAN ELEMENT OF THE COMPREHENSIVE PLAN OF THE CITY, TO DESIGNATE THE LAND USE FOR CERTAIN REAL PROPERTY LOCATED ON THE EAST SIDE OF LUCAS DRIVE, APPROXIMATELY 650 FEET FROM THE INTERSECTION OF LUCAS DRIVE AND SR 590, CONSISTING OF LOT 21, BLOCK 5, ACCORDING TO THE PLAT OF VIRGINIA GROVE TERRACE THIRD ADDITION, WHOSE POST OFFICE ADDRESS IS 1737 LUCAS DRIVE, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS RESIDENTIAL LOW; PROVIDING AN EFFECTIVE DATE. WHEREAS, the amendment to the future land use plan element of the comprehensive plan of the City as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's comprehensive plan; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The future land use plan element of the comprehensive plan of the City of Clearwater is amended by designating the land use category for the hereinafter described property, upon annexation into the City of Clearwater, as follows: Property Lot 21, Block 5, according to the Plat of Virginia Grove Terrace Third Addition as recorded in Plat Book 37, Page 74, Public Records of Pinellas County, Florida. (ANX2005-12040) Land Use CateQorv Residential Low Section 2. The City Council does hereby certify that this ordinance is consistent with the City's comprehensive plan. Section 3. This ordinance shall take effect immediately upon adoption, contingent upon and subject to the adoption of Ordinance No. 7610-06. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Frank V. Hibbard Mayor Approved as to form: Attest: Leslie K. Dougall-Sides Assistant City Attorney Cynthia E. Goudeau City Clerk Ordinance No. 7611-06 ORDINANCE NO. 7612-06 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY BY ZONING CERTAIN REAL PROPERTY LOCATED ON THE EAST SIDE OF LUCAS DRIVE, APPROXIMATELY 650 FEET FROM THE INTERSECTION OF LUCAS DRIVE AND SR 590, CONSISTING OF LOT 21, BLOCK 5, ACCORDING TO THE PLAT OF VIRGINIA GROVE TERRACE THIRD ADDITION, WHOSE POST OFFICE ADDRESS IS 1737 LUCAS DRIVE, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS LOW MEDIUM DENSITY RESIDENTIAL (LMDR); PROVIDING AN EFFECTIVE DATE. WHEREAS, the assignment of a zoning district classification as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's comprehensive plan; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following described property located in Pinellas County, Florida, is hereby zoned as indicated upon annexation into the City of Clearwater, and the zoning atlas of the City is amended, as follows: Property Lot 21, Block 5, according to the Plat of Virginia Grove Terrace Third Addition as recorded in Plat Book 37, Page 74, Public Records of Pinellas County, Florida. (ANX2005-12040) Zonina District Low Medium Density Residential (LMDR) Section 2. The City Engineer is directed to revise the zoning atlas of the City in accordance with the foregoing amendment. Section 3. This ordinance shall take effect immediately upon adoption, contingent upon and subject to the adoption of Ordinance No. 7610-06. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Frank V. Hibbard Mayor Approved as to form: Attest: Leslie K. Dougall-Sides Assistant City Attorney Cynthia E. Goudeau City Clerk Ordinance No. 7612-06 CDB Meeting Date: Case Number: Owner/Applicant: Location: Agenda Item: March 21. 2006 ANX2005-12040 Central Realty. Inc. 1737 Lucas Drive F3 CITY OF CLEARWATER PLANNING DEPARTMENT STAFF REPORT BACKGROUND INFORMATION REQUEST: (a) Annexation of 0.192 acres of property to the City of Clearwater; (b) Future Land Use Plan amendment from Residential Low (RL) Category (County) to Residential Low (RL) Category (City of Clearwater); and (c) Rezoning from R-3, Single-Family Residential District (County) to Low Medium Density Residential (LMDR) District (City of Clearwater). SITE INFORMATION PROPERTY SIZE: 8,400 square feet or 0.192 acres (70 feet wide by 120 feet deep, approximately) PROPERTY USE: Current Use: Proposed Use: Single-family dwelling Single- family dwelling PLAN CATEGORY: Current Category: Proposed Category: Residential Low (RL) (County) Residential Low (RL) (City) ZONING DISTRICT: Current District: Proposed District: R-3, Single-Family Residential (County) Low Medium Density Residential (LMDR) (City) Staff Report - Community Development Board - March 21, 2006 - Case ANX2005-12040 Page 1 SURROUNDING USES: North: Single-family residential South: Single-family residential East: Single-family residential West: Single-family residential ANALYSIS The subject property is located on the east side of Lucas Drive, approximately 650 feet north of the intersection of Lucas Drive and SR 590. The property is located within an enclave and is not contiguous to existing City boundaries; therefore, the proposed annexation is consistent with Pinellas County requirements with regard to voluntary annexation. The applicant is requesting this annexation in order to receive sanitary sewer and solid waste service from the City. The subject site is approximately 0.192 acres in area and is being developed with a single family detached dwelling. It is proposed that the property be assigned a Future Land Use Plan designation of Residential Low (RL) and a zoning category of Low Medium Density Residential (LMDR). I. IMPACT ON CITY SERVICES: Recommended Findings of Fact Water and Sewer The applicant receives water service from Pinellas County. Sanitary sewer service will be provided by the City of Clearwater and the City has adequate capacity to serve this property. The closest sanitary sewer line is located in the Lucas Drive right-of-way, directly in front of the property (west of the front property line). The applicant has paid both the City's sewer impact and assessment fees. Solid Waste Collection of solid waste will be provided by the City of Clearwater. The City has an interlocal agreement with Pinellas County to provide for the disposal of solid waste at the County's Resource Recovery Plant and capacity is available to serve the property. Police The property is located within Police District III and service will be administered through the district station located at 2851 N. McMullen Booth Road. There are currently 56 patrol officers and seven patrol sergeants assigned to this district. Community policing service will be provided through the City's zone system and officers in the field. The Police Department has stated that it will be able to serve this property and the proposed annexation will not adversely affect police service and response time. Fire and Emergency Medical Services Fire and emergency medical services will be provided to this property by Station #48 located at 1700 North Belcher Road. The Fire Department will be able to serve this property. The proposed annexation will not adversely affect fire and EMS service and response time. Staff Report - Community Development Board - March 21,2006 - Case ANX2005-12040 Page 2 Recommended Conclusions Of Law The City has adequate capacity to serve this property with sanitary sewer, solid waste, police, fire and EMS service. The proposed annexation will not have an adverse effect on public facilities and their levels of service. II. CONSISTENCY WITH CITY'S COMPREHENSIVE PLAN: [Section 4-604.F.2] Recommended Findings of Fact The Pinellas County Comprehensive Plan and the Countywide Future Land Use Plan map designate the site as Residential Low (RL). "It is the purpose of the RL category to depict those areas of the County that are now developed, or appropriate to be developed, in a low density residential manner; and to recognize such areas as primarily well-suited for residential uses that are consistent with the low density, non-intensive qualities and natural resource characteristics of such areas." Residential is the primary use in this plan category up to a maximum of five (5) dwelling units per acre. Secondary uses include Residential Equivalent; Institutional; TransportationlUtility; Public Educational Facility; Ancillary Non-Residential and Recreation/Open Space. The proposed annexation is consistent with and promotes the following objective of the City of Clearwater Comprehensive Plan: 2.4 Objective - Compact urban development within the urban service area shall be promoted through application of the Clearwater Community Development Code. Recommended Conclusions of Law The property proposed for annexation is located within an enclave within the City's urban service area and will be located in the RL category. The proposed annexation is consistent the City's Comprehensive Plan. III. CONSISTENCY OF DEVELOPMENT WITH COMMUNITY DEVELOPMENT CODE AND CITY REGULATIONS: [Sections 2-1001.1. & 4-604.F.S.] Recommended Findings of Fact The site is currently zoned R-3, Single Family Residential District and is occupied by a detached dwelling, under construction, in Pinellas County. The applicant proposes to rezone the property to the Low Medium Density Residential (LMDR) District. Under the current LMDR zoning district provisions, a minimum lot width of 50 feet and a minimum lot area of 5,000 square feet are required. The subject site is 70 feet wide and approximately 8,400 square feet in lot area. Staff Report - Community Development Board- March 21,2006 - Case ANX2005-12040 Page 3 The proposed residential structure meets the minimum setback requirements for minimum standard development within the Low Medium Density Residential District. Recommended Conclusions of Law The subject property will be occupied by a single-family detached dwelling (now under construction) and exceeds the City's minimum LMDR lot size, width, and setback requirements. It is therefore consistent with the Community Development Code. IV. CONSISTENCY WITH THE COUNTYWIDE PLAN: Recommended Findings of Fact There is no change requested in the Countywide Future Land Use Plan designation for the site, which will remain Residential Low (RL) with a maximum density of 5 dwelling units per acre. Recommended Conclusions of Law No change is proposed for the Future Land Use Plan designation of the property proposed for annexation and the proposed use and density of the property is consistent with the current designation. V. CONSISTENCY WITH PINELLAS COUNTY: Recommended Findings of Fact Pursuant to Pinellas County Ordinance No. 00-63, the Pinellas Planning Council staff has reviewed this annexation and determined that it complies with all applicable ordinance criteria. Pinellas County Ordinance No. 00-63(1)(b) provides for the voluntary annexation of property that is located within and reduces an enclave on the effective date of the ordinance. The subject site is located within an enclave, is noncontiguous to city boundaries and reduces the enclave. Recommended Conclusions of Law The property proposed for annexation is located within an enclave and its annexation will reduce such enclave; therefore, the annexation of this property is consistent with Pinellas County Ordinance No. 00-63. VI. CODE ENFORCEMENT ANALYSIS: There are no current code enforcement violations or any code enforcement history on this site. SUMMARY AND RECOMMENDATIONS Staff Report - Community Development Board - March 21,2006 - Case ANX2005-12040 Page 4 The proposed annexation can be served by City of Clearwater services, including sanitary sewer, solid waste, police, fire and emergency medical services without any adverse effect on the service level. The proposed annexation is consistent with both the City's Comprehensive Plan and is consistent with Pinellas County Ordinance No. 00-63 regarding voluntary annexation. Based on the above analysis, the Planning Department recommends the following actions on the request: (a) Recommend APPROVAL ofthe annexation of 0.192 acres to the City of Clearwater; (b) Recommend APPROVAL of the Residential Low (RL) Future Land Use Plan classification; and ( c) Recommend APPROVAL of the Low Medium Density Residential (LMDR) zoning classification pursuant to the City's Community Development Code. Prepared by Planning Department Staff: Michael H. Reynolds, AICP, Planner ill Attachments: Application Location Map Aerial Photograph Proposed Annexation Future Land Use Map Zoning Map Surrounding Uses Map Site Photographs s: \Planning DepartmentlC D BlAnnexationslANX - 2005IANX2005- J 2040 J 737 Lucas Drive1ANX2005- J 2040 Staff_ Report. doc Staff Report - Community Development Board - March 21,2006 - Case ANX2005-12040 Page 5 View looking southwest View looking west View looking southeast View looking west View looking south View looking northeast ANX2005-12040 Central Realty, Inc. 1737 Lucas Drive Existing and Surrounding Land Use Map Owner Central Realty Inc. Case: ANX2005-12040 Site: 1 737 Lucas Drive Property Size 0.192 (Acres): Land Use Zoning PIN: 10-29-16-94374-005-0210 From: RL (County) R-3 (County) To: RL (City) LMDR (City) Atlas Page: 264A Future Land Use Map Owner Central Realty Inc. Case: ANX2005-12040 Site: 1 737 Lucas Drive Property Size 0.192 (Acres): Land Use Zoning PIN: 10-29-16-94374-005-0210 From: RL (County) R-3 (County) To: RL (City) LMDR (City) Atlas Page: 264A Proposed Annexation Map Owner Central Realty Inc. Site: 1737 Lucas Drive Land Use Zoning From: RL (County) R-3 (County) To: RL (City) LMDR (City) Case: ANX2005-12040 Property Size (Acres): 0.192 PIN: 10-29-16-94374-005-0210 Atlas Page: 264A Proposed Zoning Map Owner Central Realty Inc. Case: ANX2005-12040 Site: 1737 Lucas Drive Property Size 0.192 (Acres): Land Use Zoning PIN: 10-29-16-94374-005-0210 From: RL (County) R-3 (County) To: RL (City) LMDR (City) Atlas Page: 264A Aerial Map Owner Central Realty Inc. Case: ANX2005-12040 Site: 1 737 Lucas Drive Property Size (Acres): 0.192 Land Use Zoning PIN: 10-29-16-94374-005-0210 From: RL (County) R-3 [County) To: RL (City) LMDR (City) Atlas Page: 264A Location Map Owner Central Realty Inc. Case: ANX2005-12040 Site: 1737 Lucas Drive Property Size 0.192 (Acres): Land Use Zoning PIN: 10-29-16-94374-005-0210 From: RL (County) R-3 (County) To: RL (City) LMDR (City) Atlas Page: 264A City Council Agenda_~oveLMe~~randum PL})~3 C).d Tracking Number: 2,060 Actual Date: 04/20/2006 Subject / Recommendation: Continue to May 4, 2006, approval of the Petition for Annexation, Future Land Use Plan Amendment from the County Residential Urban (RU) Category to the City Residential Urban (RU) Category and Zoning Atlas Amendment from the County R-2, Single-Family Residential District to the City Low Medium Density Residential (LMDR) District for 3076 Cherry Lane (consisting of a portion of metes and bounds 22/28 in Section 16, Township 29 south, Range 16 east); and Ordinances #7607-06, #7608-06 & #7609-06 on first reading. Originating: Planning Section: Quasi-judicial public hearings Category: Other Financial Information: ~ Other Review Approval Sue Diana 04-11-2006 09:58:51 ... o .. u City Council __~~~enda Cover Memorandum CA-I \0 . \ Tracking Number: 2,030 Actual Date: 04/20/2006 Subject / Recommendation: Adopt Ordinance 7617-06 on second reading, relating to the building and development regulations, creating Section 47.053 Radio System Regulations for Buildings, to provide regulations for a radio signal booster system for a predicated reduction in the radio signalthrough fade margin studies, resulting from a new building development, to a level to assure the 95% ara coverage reliability needed for public safety communications. Originating: City Attorney Section Second Readings - public hearing Category: Second Reading Public Hearing: Yes Advertised Dates: 04/08/2006 Financial Information: Review Approval Pam Akin 03-27-2006 13:59:37 Cvndie Goudeau 04-06-2006 12: 15:04 ORDINANCE NO. 7617-06 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, RELATING TO THE BUILDING AND DEVELOPMENT REGULATIONS; AMENDING ARTICLE 'II STANDARD CODES, CREATING SECTION 47.053 RADIO SYSTEM REGULATIONS FOR BUILDINGS; TO PROVIDE REGULATIONS FOR A RADIO SIGNAL BOOSTER SYSTEM FOR A PREDICATED REDUCTION IN THE RADIO SIGNAL THROUGH FADE MARGIN STUDIES, RESULTING FROM A NEW BUILDING DEVELOPMENT, TO A LEVEL TO ASSURE THE 95% AREA COVERAGE RELIABILITY NEEDED FOR PUBLIC SAFETY COMMUNICATIONS; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA: Section 1. Article III. STANDARD CODES, is amended by creating Section 47.053 Radio System Regulations for Building, as follows: Section 47.053. Radio System Requlations for Buildinqs. Except as otherwise provided. no person shall erect. construct or modify any buildina or structure or any part thereof. or cause the same to be done which fails to support adequate radio coveraqe for City of Clearwater emerqency service workers includinq but not limited to firefiqhters and police. For purposes of this section. adequate radio coveraqe shall include all of the followinq: (1) a minimum siqnal strenqth of -95 dBm available in 95% of the area of each floor of the buildinq when transmitted from the closest City Police or Fire communications svstem site; (2) a minimum sional strenoth of -95 dBm received at the closest City Police or Fire communications system site when transmitted from 95% of the area of each floor of the buildinq: (3) the frequency ranqe which must be supported shall be 806 MHz to 869 MHz: and (4) a 95% reliability factor. The effect on radio coveraqe is dependent on location (distance from the radio transmitter and receiver and other buildinos in the vicinity). heioht. proiected frontal area and construction materials. If enqineerinq studies indicate that there is a potential for reduction in radio system coveraqe to a level below that considered acceptable for reliable public safety communications. corrective action will be required to assure radio system coveraQe reliability is retained. At the minimum. a Radio Sianal Booster System (800 MHz) will be reauired. In extreme situation. it may be necessary to install a satellite receiver station. Ordinance No. 7617-06 The radio system reoulations will be applicable at time of new construction and/or at a redevelopment threshold of 50% value increase if 50% value or more uporadino of system is required. Sinole-familv residences. townhouses as defined in the Florida Buildino Code - Residential - with four or fewer stories. multiple familv structures with four or fewer stories. and/or other buildinos with less than 250 horizontal feet in one dimension are exempt. The Radio Sional Booster System shall consist of an antenna subsystem (typicallv mounted on the roof or another exterior structure), a bi-directional amplifier subsystem with a backup power supplv mounted in a suitable location on one or more floors of the buildino and an in-buildino antenna subsystem. The specifications and desion of the system will be subiect to approval bv the City of Clearwater Radio Communications Shop or its desionee and the Development and Neiohborhood Services Department prior to the issuance of a buildino permit. * * * * * Section 2. This ordinance shall take effect immediately upon adoption. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Frank V. Hibbard, Mayor Approved as to form Attest Leslie K. Dougall-Sides Assistant City Attomey Cynthia E. Goudeau. City Clerk 2 Ordinance No. 7617-06 City Council _"""~_,"~~nda ~C9ver ~em,!!!!!"!:!,~_~_!!1 CA- d lO.d Tracking Number: 2,034 Actual Date: 04/20/2006 Subject / Recommendation: Adopt Ordinance 7605-06 on second reading, amending the Community Development Code Article 2 by revising ,comprehensive infill redevelopment project flexibility criteria; increasing the minimum off-street parking requirements for residential infill projects; increasing the density for overnight accommodation units; permitting restaurants as a minimym standard development use; revising flexible standard development provisions for restaurants; amending Article 3 to allow parking vehicles on grass with restrictions; addressing graffiti; authorizing specified personnel to remove inoperative vehicles on public property; preventing building attachments from being garish or gaudy; amending Article 8 by revising definitions. Originating: City Attorney Section Second Readings - public hearing Category: Second Reading Public Hearing: Yes Advertised Dates: 03/06/2006 04/03/2006 04/08/2006 Financial Information: Review AODroval Pam Akin 03-29-2006 10:31 :35 Cvndie Goudeau 04-07-2006 13:58:42 ORDINANCE NO. 7605-06 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA MAKING AMENDMENTS TO THE COMMUNITY DEVELOPMENT CODE BY AMENDING ARTICLE 2, ZONING DISTRICTS, SECTIONS 2-704, 2-803, 2-903, 2-1004, 2-1204, 2-1304, AND 2- 1404, BY REVISING THE COMPREHENSIVE INFILL REDEVELOPMENT PROJECT FLEXIBLlTY CRITERIA; AND AMENDING ZONING DISTRICT TABLES 2-103, 2-104, 2-203, 2- 204, 2-304, AND 2-404 TO INCREASE THE MINIMUM OFF- STREET PARKING REQUIREMENT FOR RESIDENTIAL INFILL PROJECTS FROM 1 SPACE TO 2 PARKING SPACES PER UNIT; AND AMENDING ARTICLE 2, ZONING DISTRICTS, SECTION 2- 801.1, TO INCREASE THE DENSITY FOR OVERNIGHT ACCOMMODATION UNITS; AND AMENDING ARTICLE 2, ZONING DISTRICTS, SECTION 2-1302, TO PERMIT RESTAURANTS AS A MINIMUM STANDARD DEVELOPMENT USE; AND AMENDING ARTICLE 2, ZONING DISTRICTS, SECTION 2-1303, BY REVISING FLEXIBLE STANDARD DEVELOPMENT PROVISIONS FOR RESTAURANTS; AND AMENDING ARTICLE 3, DEVELOPMENT STANDARDS, SECTION 3-1403 TO ALLOW THE PARKING OF VEHICLES ON GRASS, WITH RESTRICTIONS; AND AMENDING ARTICLE 3, SECTION 3-1407, PARKING RESTRICTIONS; AND AMENDING ARTICLE 3, DEVELOPMENT STANDARDS, SECTION 3-1503, NUISANCES, TO ADDRESS GRAFFITI; AND AMENDING ARTICLE 3, SECTION 3-1507, TO AUTHORIZE SPECIFIC ENFORCEMENT PERSONNEL TO REMOVE OR IMPOUND INOPERATIVE VEHICLES ON PUBLIC PROPERTY; AND AMENDING ARTICLE 8, DEFINITIONS AND RULES OF CONSTRUCTION, SECTION 8-102, DEFINITIONS, BY REVISING THE DEFINITIONS OF COMMUNITY DEVELOPMENT COORDINATOR, AND RETAIL SALES AND SERVICES; AND AMENDING ARTICLE 3, DEVELOPMENT STANDARDS, SECTION 3-910, COLOR, TO PREVENT BUILDING PROJECTIONS AND ATTACHMENTS, SUCH AS AWNINGS OR SIGNS, FROM BEING GARISH OR GAUDY; 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 1 Ordinance No. 7605-06 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 City of Clearwater has determined where the Community Development Code needs clarification and revision, and WHEREAS, the City of Clearwater desires for the Community Development Code to function effectively and equitably throughout the City, now therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. Article 2, Zoning Districts, Section 2-704, Table 2-704 "C" Flexible Development Standards, is amended as follows: Section 2-704. Flexible development. The following uses are Level Two permitted uses in the "C" District subject to the standards and criteria set out in this section and other applicable provisions of Article 3. Table 2-704. "C" District Flexible Develooment Standards Use Min. Lot Area Min. Lot Width Max. Height Min. Front (ft.) Min. Side (ft.) Min. Rear (ft.) Min. Off-Street (SQ. ft.) (ft. ) (ft. ) Parkino Alcoholic 5,000-- 50--100 25 15--25 0--10 10--20 5 per 1,000 Beveraoe Sales 10,000 GFA Comprehensive n/a n/a n/a n/a n/a n/a Determined by Infill the community Redevelopment development ProjectfB coordinator based on the specific use and/or ITE Manual standards Indoor 3,500-- 30--100 25--50 15--25 0--10 10--20 3--5/1000 SF Recreationl 10,000 GFA or 3-- Entertainment 5/lane, 1-- 2/court or 1/machine Light Assembly 5,000-- 50--100 25 15--25 0--10 10--20 4--5 spaces 10,000 per 1,000 GFA Limited Vehicle 5,000-- 50--100 25 15--25 0--10 10--20 4--5 spaces Service 10,000 per 1,000 GFA Marina 5,000-- 50 25 25 10 20 1 space per 2 Facilities 20,000 slips Mixed Use 5,000-- 50--100 25--50 15--25 0--10 10--20 4--5 spaces 10,000 per 1,000 GFA Nightclubs 5,000-- 50--100 25 15--25 0--10 10--20 10 per 1,000 10,000 GFA 2 Ordinance No. 7605-06 Offices 3,500-- 30--100 25--50 15--25 0--10 10--20 3--4 spaces 10,000 per 1,000 GFA Off-Street 10,000 100 n/a 15--25 0--10 10--20 n/a Parkino Outdoor 20,000 100 25 15--25 10 10--20 1--10 per Recreation/ 1,000 sa FT Entertainment of land area or as determined by the community development coordinator based on ITE Manual standards Overnight 20,000- 100--200 25--50 15--25 0--10 10--20 1 per unit Accommodatio 40,000 ns Problematic 5,000 50 25 15--25 10 10--20 5 spaces per Uses 1,000 SF GFA Restaurants 3,500-- 35--1 00 25--50 15--25 0--10 10--20 7--15 spaces 10,000 oer 1,000 GFA Retail Sales 3,500-- 30--100 25--50 15--25 0--10 10--20 4--5 spaces and Services 10,000 per 1,000 GFA RV Parks 40,000 200 25 15--25 20 10--20 1 space per RV soace Self Storage 20,000 100 25 15--25 10 10--20 1 per 20 units plus 2 for manager's office Social/Public 5,000-- 50--100 25--50 15--25 0--10 10--20 3--4 spaces Service 10,000 per 1,000 GFA Ao en ciesQ.)..f.t.} Telecommunica 10,000 100 Refer to 25 10 20 n/a tion Towers section 3-2001 Vehicle 10,000-- 100--200 25 15--25 10 10--20 2.5 spaces per Sales/Displays 40,000 1,000 sa FT of lot area Veterinary 5,000-- 50--100 25 15--25 0--10 10--20 4 spaces per Offices or 10,000 1,000 GFA Grooming and Soardino ft) Any use approved for 3 Comprehensive I nfill Redevelopment Project shall be permitted by the underlying Future Land Uso PI3n M3p designation. ill ~ Social/public service agencies shall not exceed five acres. *********** Section 2. Article 2, Zoning Districts, Section 2-704.C. Commercial District ("C"), "Comprehensive infill redevelopment projects", Flexibility criteria, is amended as follows: 3 Ordinance No. 7605-06 C. Comprehensive intill redevelopment projects. 1. The development or rede'.'elopment of the parcel proposed for development is otherwise impractical without de'.'iations from one or more of the follo':.'ing: use; intensity; other development standards; 2. The development of the parcel proposed for development as a comprehensive infill redevelopment project "'.'i11 not materially reduQo the fair market value of abutting properties; 3. The uses within the comprehensive infill redevelopment project are otherwise permitted in the City of Clearwater; 4. The uses or mix of uses v.'ithin the comprehensive infill redovelopment project are compatible 'Nith adjacent land uses; 5. The development of the parcel proposed for development as a comprehensive infill redevelopment project will upgrade tho immediate vicinity of the parcel proposed for development; 6. The design of the proposed comprehensive infill redevelopment project creates a form and function which enhances the community character of the immediate '.'icinity of the parcel proposed for development and the City of Clearwater as a whole; 7. Flexibility in regard to lot '.vidth, required setbacks, height and off street parking are justified by tho benefits to community character and the immediate vicinity of the parcel proposed for development and the City of Clearv.'ator as a whole; B. J\doquate off stroet parking in the immediate vicinity according te the shared parking formula in Division 14 of Article 3 will be available to avoid on street parking in the immediate '.'icinity of the parcel proposed for dovelopment. 1. The development or redevelopment is otherwise impractical without deviations from the use and/or development standards set forth in this zoninQ district: 2. The development or redevelopment will be consistent with the Qoals and policies of the Comprehensive Plan. as well as with the aeneral purpose, intent and basic planninQ obiectives of this Code, and with the intent and purpose of this zoninQ district: 4 Ordinance No. 7605-06 3. The development or redevelopment will not impede the normal and orderly development and improvement of surroundina properties: 4. Adioinina properties will not suffer substantial detriment as a result of the proposed development: 5. The proposed use shall otherwise be permitted by the underlyina future land use cateaorv. be compatible with adiacent land uses. will not substantially alter the essential use characteristics of the neiahborhood: and shall demonstrate compliance with one or more of the followina obiectives: a. The proposed use is permitted in this zonina district as a minimum standard. flexible standard or flexible development use: b. The proposed use would be a siqnificant economic contributor to the City's economic base by diversifyinq the local economy or by creatinq iobs: c. The development proposal accommodates the expansion or redevelopment of an existinq economic contributor: d. The proposed use provides for the provision of affordable housinq: e. The proposed use provides for development or redevelopment in an area that is characterized by other similar development and where a land use plan amendment and rezoninq would result in a spot land use or zonina desiqnation: or f. The proposed use provides for the development and/or preservation of a workinq waterfront use. 6. Flexibility with reqard to use. lot width. reauired setbacks. heiqht and off-street parkinq are iustified based on demonstrated compliance with all of the followinq desian obiectives: a. The proposed development will not impede the normal and orderly development and improvement of the surroundina properties for uses permitted in this zonina district: 5 Ordinance No. 7605-06 b. The proposed development complies with applicable desian auidelines adopted by the City: c. The desian. scale and intensity of the proposed development supports the established. emeraina or envisioned character of an area: d. In order to form a cohesive and visually interestina and attractive appearance. the proposed development incorporates a substantial number of the followina desian elements: . Chanaes in horizontal buildina planes: . Use of architectural details such as columns. cornices. strinacourses. pilasters. porticos. balconies. railinos. awninos. etc.: . Variety in materials. colors and textures: . Distinctive fenestration patterns: . Buildino stepbacks: and . Distinctive roofs forms. e. The proposed development provides for appropriate buffers. enhanced landscape desian and appropriate distances between buildinos. Section 3. Article 2, Zoning Districts, Section 2-801.1, Maximum development potential, is amended as follows: *********** Countywide Future land Maximum Dwelling Units Maximum Floor Area Overnight Use Designation per Acre of land Ratio/Impervious Accommodations Units Surface Ratio oer Acre Resort Facilities High 30 dwelling units per FAR 1.0/ISR .95 4(} 50 units per acre acre Section 4. Article 2, Zoning Districts, Section 2-803, Table 2-803 "1" Flexible Development Standards, is amended as follows: Section 2-803. Flexible development. The following uses are Level Two permitted uses permitted in the Tourist liT" District subject to the standards and criteria set out in this section and other applicable provisions of Article 3. 6 Ordinance No. 7605-06 Table 2-803. "T" Flexible Develooment Standards Use Min. Min. lot Max. Height Min. Front Min. Side Min. Rear Density Min. Off- lot Width (ft.) (ft.) (ft.) (ft.) (ft.) Street Area Parking (Sq. ft.) Alcoholic 5,000 50 35--100 0--15 0--10 10--20 n/a 5 per 1,000 Beveraoe Sales GFA Attached 5,000-- 50--100 35--100 0--15 0--10 10--20 30 units/acre 1.5 per unit Dwellings 10,000 Comprehensive n/a n/a n/a n/a n/a n/a 30 Determined Infill units/acre; by the Redevelopment 40 community ProjectfB rooms/acre development coordinator based on the specific use and/or ITE Manual standards Limited Vehicle 5,000 50 35--100 0--15 0--10 10--20 n/a 4--5 spaces Sales and Display per 1,000 GFA Marina Facilities 5,000 50 25 10--15 0--10 10--20 n/a 1 space per 2 slips Nightclubs 5,000 50 35--100 0--15 0--10 10--20 n/a 10 per 1,000 GFA Offices 10,000 100 35--100 0--15 0--10 10--20 n/a 3--4 spaces per 1 ,000 GFA Outdoor 5,000 50 35 5--15 0--10 10--20 n/a 2.5 spaces Recreation/ per 1 ,000 Entertainment sa FT of lot area or as determined by the community development coordinator based on ITE Manual standards Overnight 10,000- 100--150 35--1 00 0--15 0--10 0--20 40 1 per unit Accommodations - rooms/acre 20,000 Restaurants 5,000-- 50--100 25--100 0--15 0--10 10--20 n/a 7--15 10,000 spaces per 1,000 GFA Retail sales and 5,000-- 50--100 35--100 0--15 0--10 10--20 n/a 4--5 spaces services 10,000 per 1,000 GFA (1) Any use appro'/ad for :1 Comprehensive Infill Redevelopment Pro,ject shall be permittad by the underlying Future Land Use PI:1n Map design:1tion. *********** 7 Ordinance No. 7605-06 Section 5. Article 2, Zoning Districts, Section 2-803.C. "Comprehensive infill redevelopment projects", Flexibility criteria, is amended as follows: C. Comprehensive intill redevelopment projects. 1. The development or redevelopment of the p:lrcel proposed for development is otherwise impr::mtical ':.'ithout doviations from one or more of the following: use; intensity; other development standards; 2. The development of the parcel proposed for development as a comprehensive infill redevelopment project will not reduce the fair market value of abutting properties; 3. The uses 'Nithin the comprehensive infill redevelopment project are otherwise permitted in the City of Cleal\"/ater; 1. The uses or mix of uses within the comprehensi'.'e infill redevelopment project are compatible with adjacent land uses; 6. The development of the parcel proposed for development as a comprehensive infill redevelopment project will upgrade the immediato vicinity of the parcel proposed for development; 6. The design of the proposed comprehensive infill redevelopment project creates a form and function '.\'hich enhances the community character of the immediate vicinity of the parcel proposed for development and the City of Clear\".'ater as a whole; 7. Flexibility in regard to lot width, required setbacks, height and off street parking are justified by the benefits to community character and the immediate vicinity of the parcel proposed for development and the City of Cleal\lxlter as :1 whole: 8. Adequate off street parking in the immediate '.'icinity according to the sh:1red p:1rking formula in Division 11 of Article d '."IiII be aV:1il3ble to :1void on street parking in the immedi3te vicinity of the parcel proposed for development; 9. The design of all buildings complies '."lith tho Tourist District design guidelines in Division 5 of Article 3. 1. The development or redevelopment is otherwise impractical without deviations from the use and/or development standards set forth in this zoninq district: 2. The development or redevelopment will be consistent with the aoals and policies of the Comprehensive Plan, as well as with the aeneral purpose, intent and basic planninq objectives of this Code. and with the intent and purpose of this zoninq district: 8 Ordinance No. 7605-06 3. The development or redevelopment will not impede the normal and orderly development and improvement of surroundinq properties; 4. Adioinina properties will not suffer substantial detriment as a result of the proposed development: 5. The proposed use shall otherwise be permitted by the underlyina future land use cateaorv. be compatible with adiacent land uses, will not substantially alter the essential use characteristics of the neiahborhood; and shall demonstrate compliance with one or more of the followinq obiectives: a. The proposed use is permitted in this zonina district as a minimum standard, flexible standard or flexible development use; b. The proposed use would be a sianificant economic contributor to the City's economic base by diversifyinq the local economy or by creatina iobs: c. The development proposal accommodates the expansion or redevelopment of an existina economic contributor; d. The proposed use provides for the provision of affordable housina: e. The proposed use provides for development or redevelopment in an area that is characterized by other similar development and where a land use plan amendment and rezonino would result in a spot land use or zoninq desiqnation: or f. The proposed use provides for the development and/or preservation of a workina waterfront use. 6. Flexibility with reaard to use, lot width, reauired setbacks, heiaht and off-street parkina are iustified based on demonstrated compliance with all of the followina desian obiectives: 9 Ordinance No. 7605-06 a. The proposed development will not impede the normal and orderly development and improvement of the surroundina properties for uses permitted in this zonino district: b. The proposed development complies with applicable desian auidelines adopted by the City: c. The desian. scale and intensity of the proposed development supports the established, emeroinq or envisioned character of an area: d. In order to form a cohesive and visually interestina and attractive appearance, the proposed development incorporates a substantial number of the followina desian elements: . Chanaes in horizontal buildina planes: . Use of architectural details such as columns, cornices, strinocourses. pilasters. porticos. balconies. railinas. awninos, etc.; . Variety in materials, colors and textures: . Distinctive fenestration patterns; . Buildino stepbacks; and . Distinctive roofs forms. e. The proposed development provides for appropriate buffers. enhanced landscape desian and appropriate distances between buildinas. Section 6. Article 2, Zoning Districts, Section 2-903, Table 2-903 Flexible Development Standards, is amended as follows: Section 2-903. Flexible development. The following uses are Level Two permitted uses in the Downtown "D" District subject to the standards and criteria set out in this section and other applicable provisions of Article 3. Table 2-903. "D" District Flexible Development Standards Use Max. HeiQht (ft.) Min. Off-Street Parkina Alcoholic BeveraQe Sales 30--100 3--5 oer 1,000 GFA Attached Dwellinas 30--100 1--1.5 per unit Comprehensive In~fill n/a Determined by the Redevelopment Project community development coordinator based on the specific use and/or ITE Manual standards 10 Ordinance No. 7605-06 Educational Facilities 30--100 4/1000 GFA Governmental Uses 30--100 3--5 oer 1,000 GFA Indoor 30--100 3--5 per 1,000 GFA Recreation/Entertainment Facility Limited Vehicle Sales and 30 2--4 per 1,000 GFA Display Marinas/Marina Facilities 30 1 space per slip Niqhtclubs 30--100 3--10 oer 1,000 GFA Offices 30--100 1--3 oer 1,000 GFA Overnight 50--100 .75--1 per unit Accommodations Public Facilities 30--1 00 1--2 oer 1,000 GFA Restaurants 30--1 00 5--15 oer 1,000 GFA Retail Sales and Service 30--100 2--4 per 1,000 GFA Social/Public Service 30--100 3--4 per 1,000 GFA Agencies Telecommunication Refer to Section 3- n/a Towers 2001 (1) Any use approved for a Comprehensive Infill Redevelopment Project sh:lll be permitted by tho underlying Future Land Use Map design3tion. Flexibility standards criteria: *********** Section 7. Article 2, Zoning Districts, Section 2-903.C. "Comprehensive infill redevelopment projects", Flexibility criteria, is amended as follows: C. Comprehensive infill redevelopment projects. 1. The development or redevelopment of the parcel proposed for development is other\\'ise impractical without deviations f-rom one or more of the following: use; intensity; other development standards; 2. The de'.'slopment of the parcel proposed for development 3& a Comprehensive Infill Rode'/elopment Projoct will not reduce the fair m3rket v31ue of 3butting properties; 3. The uses 'l.'ithin the comprehensive infill redevelopment project are otherwise permitted in the City of Cle3r\",ater; 1. The uses or mix of uses 'Nithin the comprehensive infill redevelopment projeot are oompatible '.vith adj3cent land uses; 5. The development of the paroel proposed for development as on comprehensive. infill redevelopment project will upgrade the immediate vicinity of the parcel proposed for development; 6. The design of tho proposed comprehensive intill redevelopment project creates a form and function which enhances the community 11 Ordinance No. 7605-06 character of the immediate vicinity of the parcel proposed for dm'elopment and the City of Clearwater 3S a whole; 7. Flexibility in reg:lrd to lot width, required setbacks, height and off street parking are justified by the benefits to community character and the immediate vicinity of the parcel proposed for development and the City of Cle3rwater as a ,,"-,hole; 8. Adequate off street p3rking in the immediate '.'icinity according to the sh3red parking formula in Division 11 of Artiole 3 '.viii be 3vai13ble to avoid on street parking in the immediate vicinity of the parcel proposed for development; 9. The design of all buildings complies with the Downtown District design guidelines in Division 5 of Article 3. 1. The development or redevelopment is otherwise impractical without deviations from the use and/or development standards set forth in this zonina district: 2. The development or redevelopment will be consistent with the aoals and policies of the Comprehensive Plan. as well as with the aeneral purpose. intent and basic plannina obiectives of this Code, and with the intent and purpose of this zonina district: 3. The development or redevelopment will not impede the normal and orderly development and improvement of surroundina properties: 4. Adioininq properties will not suffer substantial detriment as a result of the proposed development: 5. The proposed use shall otherwise be permitted by the underlyina future land use cateaorv. be compatible with adiacent land uses. will not substantially alter the essential use characteristics of the neiahborhood; and shall demonstrate compliance with one or more of the followina obiectives: a. The proposed use is permitted in this zoninq district as a minimum standard. flexible standard or flexible development use: b. The proposed use would be a sianificant economic contributor to the City's economic base by diversifyinq the local economy or by creatinq iobs; c. The development proposal accommodates the expansion or redevelopment of an existinq economic contributor: 12 Ordinance No. 7605-06 d. The proposed use provides for the provision of affordable housina: e. The proposed use provides for development or redevelopment in an area that is characterized by other similar development and where a land use plan amendment and rezonina would result in a spot land use or zonina desionation: or f. The proposed use provides for the development and/or preservation of a workino waterfront use. 6. Flexibility with reoard to use. lot width. reauired setbacks. heioht and off-street parkino are iustified based on demonstrated compliance with all of the followina desion obiectives: a. The proposed development will not impede the normal and orderly development and improvement of the surroundina properties for uses permitted in this zonina district: b. The proposed development complies with applicable desion auidelines adopted by the City: c. The desian. scale and intensity of the proposed development supports the established. emeraino or envisioned character of an area: d. In order to form a cohesive and visually interestina and attractive appearance. the proposed development incorporates a substantial number of the followina desian elements: . Chanaes in horizontal buildina planes: . Use of architectural details such as columns. cornices. strinocourses, pilasters, porticos. balconies. railinas, awninas. etc.: . Variety in materials, colors and textures: . Distinctive fenestration patterns: . BuildinQ stepbacks: and . Distinctive roofs forms. 13 Ordinance No. 7605-06 e. The proposed development provides for appropriate buffers, enhanced landscape desian and appropriate distances between buildinas. Section 8. Article 2, Zoning Districts, Section 2-1004, Table 2-1004 "0" Flexible Development Standards, is amended as follows: Section 2-1004. Flexible development. The following uses are Level Two permitted uses in the Office "0" District subject to the standards and criteria set out in this section and other applicable provisions of Article 3. Table 2-1004. "0" District Flexible Development Standards Use Min. lot Min. lot Width Max. Height Min. Setbacks (ft.) Min. Off-Street Area (sq. (ft.) (ft.) Parking ft.) Front Side Rear Accessory n/a n/a n/a n/a n/a n/a 1/unit DwellinQs Comprehensive Infill n/a n/a n/a n/a n/a n/a Determined by Redevelopment the community ProjectfB development director based on the specific use and/or ITE Manual standards Medical Clinic 20,000 100 30--50 15--35 10--20 10--20 5/1,000 GFA Mixed Use 3,500 50 30--80 15--35 10--20 10--20 2--3/1 ,000 GFA Nursing Homes 20,000 100 30--50 15--35 10--20 10--20 1 per 2 residents Offices 3,500 50 30--80 15--35 10--20 10--20 2--3/1,000 GFA Restaurant n/a n/a n/a n/a n/a n/a n/a Retail Sales and n/a n/a n/a n/a n/a n/a n/a Service Telecommunication 10,000 100 Refer to 25 10 20 n/a Towers Section 3- 2001 TV Radio Studios 20,000-- 100--200 35--80 15--35 10--20 10--20 3--5/1 ,000 40,000 GFA (1) .^.ny use approved for a Comprehensive Infill Redevelopment Project shall be permitted by tho underlying Futuro Land Use Map dosign:ltion. *********** 14 Ordinance No. 7605-06 Section 9. Article 2, Zoning Districts, Section 2-1004.B. "Comprehensive infill redevelopment projects", Flexibility criteria, is amended as follows: B. Comprehensive infill redevelopment projects. 1. The development or redevelopment of the p3rcel proposed for development is othel\".'ise impractical without deviations from one or more of the following: use; intensity; othor development standards; 2. The development of the parcel proposod for de'/elopment as a comprehensive infill rede'lolopment pro,joct will not m3terially reduce the f3ir market value of butting properties; 3. The uses within the comprehensive infill redevelopment project are otherwise permitted in the City of Clear\l/ater; 4. The . uses or mix of uses '....ithin the comprehensi'.'e infill redevelopment project are oompatible with adjaoont land uses; 6. The development of the parcel proposed for de'.'elopment as a comprehensive infill redevelopment pro,ject will upgr3de the immediate vicinity of the parcel proposed for developmont; 6. The design of the proposed comprehensive infill redevelopment project cre3tes a form and function which enhances the community character of the immediate vicinity of the parcel proposed for development and the City of Clearwater 3S 3 '::hole; 7. Flexibility in regard to lot width, required setbacks, height and off street parking 3re justified by the benefits to community character 3nd tho immediate vicinity of the parcel proposed for development and the City of Clearwater 3S 3 'Nhole; 8. l\dequ3to off street parking in tho immedi3te vicinity according to tho sh3red parking formula in Di'.'ision 14 of Article 3 will bo available to avoid on street parking in the immediate vicinity of the parcel proposed for development. 1. The development or redevelopment is otherwise impractical without deviations from the use and/or development standards set forth in this zoninq district: 2. The development or redevelopment will be consistent with the aoals and policies of the Comprehensive Plan, as well as with the aeneral purpose, intent and basic plannina obiectives of this Code. and with the intent and purpose of this zonina district: 3. The development or redevelopment will not impede the normal and orderly development and improvement of surroundina properties; 15 Ordinance No. 7605-06 4. Adioinina properties will not suffer substantial detriment as a result of the proposed development: 5. The proposed use shall otherwise be permitted by the underlyina future land use cateaorv, be compatible with adiacent land uses. will not substantially alter the essential use characteristics of the neiahborhood: and shall demonstrate compliance with one or more of the followinq obiectives: a. The proposed use is permitted in this zoninq district as a minimum standard. flexible standard or flexible development use: b. The proposed use would be a siqnificant economic contributor to the City's economic base by diversifyina the local economy or by creatina iobs: c. The development proposal accommodates the expansion or redevelopment of an existinq economic contributor: d. The proposed use provides for the provision of affordable housina: e. The proposed use provides for development or redevelopment in an area that is characterized bv other similar development and where a land use plan amendment and rezoninq would result in a spot land use or zoninq desianation: or e. The proposed use provides for the development and/or preservation of a workinq waterfront use. 5. Flexibility with reqard to use, lot width, reauired setbacks. heiqht and off-street parkina are iustified based on demonstrated compliance with all of the followina desiqn obiectives: a. The proposed development will not impede the normal and orderly development and improvement of the surroundina properties for uses permitted in this zonina district: b. The proposed development complies with applicable desian auidelines adopted by the City: c. The desiqn, scale and intensity of the proposed development supports the established. emeraina or envisioned character of an area: 16 Ordinance No. 7605-06 d. In order to form a cohesive and visually interestina and attractive appearance. the proposed development incorporates a substantial number of the followina desian elements: . Chanaes in horizontal buildina planes: . Use of architectural details such as columns. cornices. strinocourses. pilasters. porticos. balconies. railinas. awninas, etc.: . Variety in materials, colors and textures; . Distinctive fenestration patterns: . Buildino stepbacks: and . Distinctive roofs forms. e. The proposed development provides for appropriate buffers. enhanced landscape desian and appropriate distances between buildinas. Section 10. Article 2, Zoning Districts, Section 2-1204, Table 2-1204 "I" Flexible Development Standards, is amended as follows: Section 2-1204. Flexible development. The following are Level Two permitted uses in the Institutional ill District, subject to the standards and criteria set out in this section and other applicable provisions of Article 3. Table 2-1204. "I" District Flexible Develooment Use Min. lot Min. lot Width Min. Setbacks (ft.) Max. Height Min. Off-Street Area (sq. (ft.) (ft.) Parking ft. ) Front Side Rear Comprehensive Infill n/a n/a n/a n/a n/a n/a Determined by Redevelopment the community Project f11 development director based on the specific use and/or ITE Manual standards Marina and Marina 5,000 50 15--25 10--15 0--20 30 1 per 2 slips Facilities Social and 20,000 100 15--25 10 15--20 30 4--5 per 1000 Community Centers GFA Social/Public 10,000-- 100 15--25 10 15--20 30 2--3 per 1,000 Service Aaencies 20,000 GFA 17 Ordinance No. 7605-06 Telecommunication 10,000 100 Towers 25 10 20 Refer to Section 3- 2001 n/a . (1) Any use 3pproved for 3 Comprehensi'Jo Infill Rede'.'elopment Project shall be permitted by the underlying Futuro Land Use Map dosignation. *********** Section 11. Article 2, Zoning Districts, Section 2-1204.A. "Comprehensive infill redevelopment projects", Flexibility criteria, is amended as follows: A. Comprehensive infill redevelopment projects. 1. The development or rodevelopment of tho parcol proposed for devolopment is other\"Jise impractical without dO'.'iations from one or moro of the following: use; intensity; other development stand3rds; 2. The devolopment of the p3rcol proposed for development as a comprehensive infill rodevelopment project will not materi311y roduce the f3ir market value of abutting properties; 3. The usos '....ithin tho comprehensi'.'e infill redevelopment project are othorv:iso pormitted in the City of Cloarwater; "1. Tho usos or mix of usos within the comprehensive infill redevelopment project are compatiblo with 3djacent land uses; 6. The development of the parcel proposed for dovolopment as an comprehonsive infill redevelopment project will upgrade the immedklte 'Jicinity of the parcol proposed for development; 6. Tho design of the proposod comprehensive infill rede'.'olopment pro,ject creates a form and function which enhances the community ch3r3cter of the immediate '.'icinity of the parcel proposed for development 3nd the City of Clearwater 3S 3 whole: 7. Flexibility in regard to lot width, required setbacks, hoight and off streot parking 3re justified by the benefits to community char3ctor 3nd the immediate vicinity of the parcel proposed for development and the City of Clearwator 3S 3 whole; 8. Adequ3te off street p3rking in the immediate vicinity 3ccording to the sh3red parking formul3 in Division 11 of .^.rticle 3 will be a'.'3ilable to 3void on street parking in the immediate vicinity of the parcel proposed for development; 18 Ordinance No. 7605-06 1. The development or redevelopment is otherwise impractical without deviations from the use and/or development standards set forth in this zoninq district: 2. The development or redevelopment will be consistent with the aoals and policies of the Comprehensive Plan, as well as with the aeneral purpose. intent and basic plannina objectives of this Code, and with the intent and purpose of this zonina district: 3. The development or redevelopment will not impede the normal and orderly development and improvement of surroundina properties: 4. Adioinina properties will not suffer substantial detriment as a result of the proposed development: 5. The proposed use shall otherwise be permitted by the underlyinq future land use cateqorv, be compatible with adiacent land uses. will not substantially alter the essential use characteristics of the neiahborhood: and shall demonstrate compliance with one or more of the followina obiectives: a. The proposed use is permitted in this zonina district as a minimum standard. flexible standard or flexible development use: b. The proposed use would be a sianificant economic contributor to the City's economic base by diversifyinq the local economy or by creatinq iobs: c. The development proposal accommodates the expansion or redevelopment of an existinQ economic contributor: d. The proposed use provides for the provision of affordable housinq: e. The proposed use provides for development or redevelopment in an area that is characterized by other similar development and where a land use plan amendment and rezonina would result in a spot land use or zonina desianation: or f. The proposed use provides for the development and/or preservation of a workinq waterfront use. 19 Ordinance No. 7605-06 6. Flexibility with reaard to use. lot width. reauired setbacks, heioht and off-street parkina are iustified based on demonstrated compliance with all of the followina desian obiectives: a. The proposed development will not impede the normal and orderly development and improvement of the surroundina properties for uses permitted in this zonina district: b. The proposed development complies with applicable desian auidelines adopted by the City: c. The desian. scale and intensity of the proposed development supports the established. emeraina or envisioned character of an area: d. In order to form a cohesive and visually interestina and attractive appearance. the proposed development incorporates a substantial number of the followina desian elements: . Chanaes in horizontal buildina planes: . Use of architectural details such as columns, cornices. strinacourses. pilasters. porticos, balconies, railinas, awninos, etc.: . Variety in materials. colors and textures: . Distinctive fenestration patterns: . Buildino stepbacks: and . Distinctive roofs forms. e. The proposed development provides for appropriate buffers. enhanced landscape desion and appropriate distances between buildinas. Section 12. Article 2, Zoning Districts, Section 2-1302, Table 2-1302 "IRT" Minimum Standard Development, is amended as follows: Section 2-1302. Minimum standard development. The following uses are Level One permitted uses in the Industrial Research and Technology IIRT" District subject to the minimum standards set out in this section and other applicable provisions of Article 3. 20 Ordinance No. 7605-06 Table 2-1302. "IRT" District Minimum Standard Develooment Uses Min. lot Min. lot Width Min. Setbacks (ft.) Max. Height (ft.) Min. Off-Street Area (sq. (ft.) Parking ft.) Front Side/ Rear Accessory DwellinQs 5,000 50 20 15 50 1/unit Governmental Uses(1) 20,000 200 20 15 50 3/1,000 SF GFA Manufacturing 20,000 200 20 15 50 1.5/1,000 SF GFA Offices 20,000 200 20 15 50 3/1,000 SF GFA Outdoor Storage n/a n/a n/a n/a n/a n/a (accessory use) (2) Parks and Recreation n/a n/a 25 1 0/20 50 1 per 20,000 SF Facilities land area or as determined by the community development coordinator based on the ITE Manual standards Research and 20,000 200 20 15 50 2/1,000 SF GFA Technology Restaurants(3) 10.000 200 20 15 50 15 soaces per 1 000 SF GFA Self Storage 20,000 200 20 15 50 1 per 20 units plus 2 for manager's office TV/Radio Studios 20,000 200 20 15 50 4/1000 SF GFA Vehicle Service 20,000 200 20 15 50 1.5/1,000 SF GFA Wholesale/Distribution 20,000 200 20 15 50 1.5/1 ,000 SF / Warehouse Facility GFA *********** (3) Restaurants that are aCCeSSOry or incidental to any permitted use will not reauire Flexible Standard Development application for review. Restaurants located in the IL future land use cateaorv shall not exceed five acres. Any such use. alone or when added to contiauous like uses which exceed five acres shall reauire a land use plan amendment to the appropriate cateaorv which shall include such use and all contiauous like uses. Restaurants located in the IG future land use cateaorv shall be allowed only as an accessory use. located within the structure to which it is accessory, and shall not exceed twenty-five (25) percent of the floor area of the principal use to which it is accessory. Section 13. Article 2, Zoning Districts, Section 2-1303, Table 2-1303 "IRT" Flexible Standard Development, is amended as follows: Section 2-1303. Flexible standard development. The following uses are Level One permitted uses in the IRT District subject to the standards and criteria set out in this Section and other applicable provisions of Article 3. 21 Ordinance No. 7605-06 Table 2-1303. "IRT" District Flexible Standard Develooment Uses Min. lot Min. lot Min. Setbacks (ft.) Max. Height (ft.) Min. Off-Street Area (sq. Width (ft.) Parking ft.) Front* Side/ Rear Automobile Service 20,000 100 20 15 30 4/1000 SF GFA Stations Maior Vehicle Service 20,000 100 20 15 30 4/1000 SF GFA Manufacturing 10,000 100 20 15 50 1.5/1 ,000 SF GFA Offices 20,000 200 20 15 50 3/1,000 SF GFA Outdoor 40,000 200 20 15 30 1--10/1,000 SF Recreation/Entertainment land Area or as determined by the community development coordinator based on ITE Manual standards Outdoor StoraQe 10,000 100 20 15 30 3/1,000 SF GFA Parkina lots 10,000 100 20 15 n/a n/a Public Facilities 10,000 100 20 15 50 1--2 per 1,000 GFA Public Transportation n/a n/a n/a n/a 10 n/a Facilities(1 ) Research and T echnoloav 10,000 100 20 15 50 2/1,000 SF GFA Residential Shelters(2) 5,000 50 20 15 30 3/1,000 SF GFA Retail Sales and Services n/a n/a n/a n/a n/a n/a Restaurants@ RJa-5.000 - RIa 50 -100 RIa 20 RIa 15 RIa 30 RIa 7-15 spaces 10000 oer 1 000 GFA Self Storage 10,000 100 20 15 50 1 per 20--25 units plus 2 for manaQer's office TV/Radio Studios 10,000 100 20 15 50 4/1000 SF GFA Utility/I nfrastructure n/a n/a 20 15 n/a n/a Facilities(3) Vehicle Sales/Displays and 40,000 200 20 15 30 1.5/1,000 SF lot Major Vehicle Sales Area Sales/Displays(4 ) Vehicle Service 10,000 100 20 15 50 1.5/1,000 SF GFA Veterinary Offices or 10,000 100 20 15 30 5/1,000 SF GFA Animal Groomina Wholesale/Distribution/ 10,000 100 20 15 50 1.5/1 ,000 SF Warehouse Facility GFA *********** (5) Restaurants that are aCCeSSOry or incidental to any permitted use will not reauire Flexible Standard Development application for review. Restaurants located in the IL future land use cateaorv shall not exceed five acres. Any such use. alone or when added to contiauous like uses which exceed five acres shall reauire a land use plan amendment to the appropriate cateaorv which shall include such use and all contiquous like uses. Restaurants located in the IG future land use cateaorv shall be allowed only as an accessory use. located 22 Ordinance No. 7605-06 within the structure to which it is accessory. and shall not exceed twenty-five (25) percent of the floor area of the principal use to which it is accessory. Section 14. Article 2, Zoning Districts, Section 2-1303, Flexible Standard Development, is amended as follows: Flexibility criteria: *********** M. Restaurants. 1 . The parcel proposed for development is not contiguous to a parcel of land which is designated as residential in the Zoning Atlas; 2. The use of the parcel proposed for development will not involve direct access to a major arterial street: ~ The restaurant is loc3tod in a building used for a minimum standard use in the district and tho restaurant occupies no more than ten percent of the floor are3 of the building; ~ The restaurant is of 3 design and character that it v.'ill primarily serve the employeos or patrons of minimum standard uses in the district; a 3. Off-street parking: a. The physical characteristics of a proposed multiple tenant building are such that the likely uses of the property will require fewer parking spaces per floor area than otherwise required or that the use of significant portions of the building will be used for storage or other non-parking demand-generating purposes; b. Adequate parking is available on a shared basis as determined by all existing land uses within 1,000 feet of the parcel proposed for development, or any parking is available through any existing or planned and committed parking facilities or the shared parking formula in Article 2, Division 14. &:- ^dj3ccnt land uses illQ of a n3turo that there is 0 high probability that patrons will use modes of transportation other than the automobilo to access the use; +. 4. Fast food restaurants shall not be eligible for a reduction in the number of off-street parking spaces. 5. Lot area and width: The parcel proposed for development was an existina lot of less than 10.000 sauare feet and was not in common 23 Ordinance No. 7605-06 ownership with any contiouous property on May 1, 1998 or the reduction in lot area will not result in a buildina which is out of scale with existina buildinos in the immediate vicinity of the parcel proposed for development: Section 15. Article 2, Zoning Districts, Section 2-1304, Table 2-1304 "I RT" Flexible Development Standards, is amended as follows: Section 2-1304. Flexible development. The following uses are Level Two permitted uses in the Industrial, Research and Technology "IRT" District subject to the standards and criteria set out in this section and other applicable provisions of Article 3. Table 2-1304. "IRT" District Flexible Develooment Uses Min. lot Area Min. lot Width Min. Setbacks (ft.) Max. Height (ft.) Min. Off-Street (sa. ft.) (ft,) Parking Front" Side/Rear Adult Uses(1) 10,000 100 20 15 30 5/1,000 SF GFA Comprehensive Infill n/a n/a n/a n/a n/a Determined by Redevelopment the community Project(2) development director based on the specific use and/or ITE Manual standards Nightclubs(3~) 10,000 100 20 15 30 15/1 ,000 SF GFA Offices 10,000 100 20 15 30 3/1,000 SF GFA Overnight 40,000 200 20 15 50 1/UNIT Accommodations(4 ~) Salvage Yards 40,000 200 20 15 30 1/200 SF of office space Self Storage 20,000 100 20 15 30 1 per 20--25 units plus 2 for manager's office Social/Public 10,000 100 20 15 30 3/1,000 SF GFA Service Agencies(a4 ) Telecommunication 10,000 50 25a 1 0/20 Refer to Section n/a Towers 3-2001 *********** (2) Any use proposed for a Comprohensive Infill Redevelopment Project shall be permitted by the underlying Future Land Use Plan Map designation. (J~) Nightclubs shall not exceed fiye acres in area in the Industrial Limited land use plan map category or exceed 25 percent of a 24 Ordinance No. 7605-06 project in the Industrial General land use plan map category. (4~) Overnight accommodations shall not exceed five acres in the Industrial Limited land use plan map category or exceed 25 percent of a project area in the Industrial General land use plan map category . (a1) Social/public service agencies shall not exceed five acres. *********** Section 16. Article 2, Zoning Districts, Section 2-1304.C. "Comprehensive infill redevelopment projects", Flexibility criteria,is amended as follows: C. Comprehensive infill redevelopment projects. 1. The development or redevelopment of the p:Jrcel proposed for development is otherwise impractioal '.vithout deviations from one or moro of the following: use; intensity; othGr development standards; 2. The development of the parcel proposed for devGlopment as a comprehensive infill rede'.'elopment pro,ject will not reduce the bir market v31ue of abutting properties; 3. The USGS within the comprehensive infill redevelopment project are otherwise permitted in the City of Cle3rwater; 4. The uses or mix of uses within the comprohensi'Je infill redevelopmant project 3ro compatible with acijacent 13nd uses; 6. The development of the parcel proposed for development as 3n oomprehensive infill r-ede'.'elopment pro,ject will upgr3de the immedi3te . vicinity of the parcel proposed for de'.'elopment; 6. Tho design of the proposed compr-ehonsive infill redevolopment project cro3tes 3 form and function which enhances the community char3cter of the immodi3te vicinity of tho parcel proposed for development 3nd tho City of Cle3rvKltGr 3S a whole; 7. Flexibility in reg3r-d to lot width, required setbacks, height 3nd off street parking 3re justified by the benefits to community char3cter 3nd the immedi3te vicinity of the parcel proposed for development 3nd the City of Clearwater 3S 3 whole; 8. Adequate off stroet parking in the immediate vicinity 3ccording to the sh3red parking formula in Di'.'ision 14 of Article 3 will be 3vailable to avoid on street piJrking in the immediate vioinity of the p3rcel proposed for development; 25 Ordinance No. 7605-06 1. The development or redevelopment is otherwise impractical without deviations from the use and/or development standards set forth in this zonina district: 2. The development or redevelopment will be consistent with the ooals and policies of the Comprehensive Plan, as well as with the oeneral purpose. intent and basic plannina obiectives of this Code, and with the intent and purpose of this zonina district: 3. The development or redevelopment will not impede the normal and orderly development and improvement of surroundina properties: 4. Adioinina properties will not suffer substantial detriment as a result of the proposed development: 5. The proposed use shall otherwise be permitted by the underlyina future land use cateaorv. be compatible with adiacent land uses. will not substantially alter the essential use characteristics of the neiahborhood: and shall demonstrate compliance with one or more of the followino objectives: a. The proposed use is permitted in this zonina district as a minimum standard. flexible standard or flexible development use: b. The proposed use would be a sionificant economic contributor to the City's economic base by diversifyina the local economy or by creatina jobs: c. The development proposal accommodates the expansion or redevelopment of an existino economic contributor: d. The proposed use provides for the provision of affordable housino: e. The proposed use provides for development or redevelopment in an area that is characterized by other similar development and where a land use plan amendment and rezonina would result in a spot land use or zonina desianation: or f. The proposed use provides for the development and/or preservation of a workina waterfront use. 26 Ordinance No. 7605-06 6. Flexibility with reaard to use. lot width, reauired setbacks. heiaht and off-street parkina are iustified based on demonstrated compliance with all of the followino desion objectives: a. The proposed development will not impede the normal and orderly development and improvement of the surroundina properties for uses permitted in this zonina district: b. The proposed development complies with applicable desian auidelines adopted by the City: c. The desian. scale and intensity of the proposed development supports the established. emeraino or envisioned character of an area: d. In order to form a cohesive and visually interestino and attractive appearance. the proposed development incorporates a substantial number of the followina desian elements: . Chanaes in horizontal buildina planes: . Use of architectural details such as columns. cornices, strinacourses. pilasters. porticos. balconies. railinos. awninas. etc.: . Variety in materials, colors and textures: . Distinctive fenestration patterns: . Buildina stepbacks: and . Distinctive roofs forms. e. The proposed development provides for appropriate buffers, enhanced landscape desian and appropriate distances between buildinos. *********** Section 17. Article 2, Zoning Districts, Open Space/Recreation District ("OSR"), Section 2-1404 Flexible development, is amended as follows: Section 2-1404 Flexible development. Table 2-1404. "OSR" District Flexible Development Standards 27 Ordinance No. 7605-06 ! Table 2-1404. "OSR" District Flexible Standard Development Standards Use Min. lot Size Min. lot Width Min. Setbacks (ft.) Max. Height Min. Off-Street (sa. ft.) (ft. ) (ft.) ParkinQ Front Side Rear Comprehensive n/a n/a n/a nfa n/a n/a Determined by Infill the community Redevelopment development Projectf1-) coordinator based on the specific use and/or ITE Manual standards ft} Any use approved for a Comprehensive I nfill Redevelopment Project sh:lll be permitted by the underlying Future Land Use Plan Map designation. Section 18. . Article 2, Zoning Districts, Section 2-1404.A, Open Space/Recreation District ("OSR"), Flexible development, Flexibility criteria, is amended as follows: A. Comprehensive infill redevelopment projects. 1. The dovelopment or redovolopment of the parcol proposed for development is other\".'ise impractical '.vithout devi3tions from one or more of the follo':.'ing: use; intensity; other development standards; 2. The development of the p3rcel proposed for development as a comprehensivo infill redevelopment projoct will not reduce the fair market value of 3butting properties; 3. The uses within the comprehensive infill redevelopment project are otherwise permitted in the City of Clearwater; 1. Tho uses or mix of uses within the comprohensive infill rode'Jelopment project are compatible with adjacent 13nd uses; 5. The developmont of the p3rcel proposed for de'.'olopment as 3n comprehensive infill rodevelopment project will upgr3de the immodi3te vicinity of the p3rcel proposed for development; 6. The design of the proposed comprehensive infill redevelopment project cre3tes 3 form 3nd function which enh3nces the community char3cter of the immediate vicinity of the parcel proposed for development 3nd the City of Cle~lI"\'..ater 3S a whole; 7. Flexibility in rog3rd to lot width, required setbacks, height 3nd 0# street parking are justified by the benefits to community char3cter and the immediate vicinity of the parcel proposed for de'.'elopment 3nd the City of Cle3rwater 3S a whole; and 28 Ordinance No. 7605-06 8. Adequ3te off street parking in the immediate vicinity 3ccording to the sh3red p3rking formul3 in Division 14 of Article 3 will be available to avoid on street parking in the immediate vicinity of the parcel proposed for developmont: 1. The development or redevelopment is otherwise impractical without deviations from the use and/or development standards set forth in this zonino district: 2. The development or redevelopment will be consistent with the ooals and policies of the Comprehensive Plan. as well as with the oeneral purpose. intent and basic plannina objectives of this Code. and with the intent and purpose of this zonina district: 3. The development or redevelopment will not impede the normal and orderly development and improvement of surroundina properties: 4. Adioinina properties will not suffer substantial detriment as a result of the proposed development: 5. The proposed use shall otherwise be permitted by the underlyina future land use cateaorv. be compatible with adjacent land uses. will not substantially alter the essential use characteristics of the neiahborhood: and shall demonstrate compliance with one or more of the followino obiectives: a. The proposed use is permitted in this zonina district as a minimum standard, flexible standard or flexible development use: b. The proposed use would be a sionificant economic contributor to the City's economic base by diversifyina the local economy or by creatina jobs: c. The development proposal accommodates the expansion or redevelopment of an existino economic contributor: d. The proposed use provides for the provision of affordable housina: e. The proposed use provides for development or redevelopment in an area that is characterized by other similar development and where a land use plan amendment and rezonina would result in a spot land use or zonina desianation: or 29 Ordinance No. 7605-06 f. The proposed use provides for the development and/or preservation of a workinq waterfront use. 6. Flexibility with reoard to use, lot width, reauired setbacks, heioht and off-street parkino are justified based on demonstrated compliance with all of the followina desion objectives: a. The proposed development will not impede the normal and orderly development and improvement of the surroundino properties for uses permitted in this zonina district: b. The proposed development complies with applicable desian auidelines adopted by the City: c. The desian. scale and intensity of the oroposed development supports the established, emeraina or envisioned character of an area: d. In order to form a cohesive and visually interestino and attractive appearance. the proposed development incorporates a substantial number of the followina desian elements: . Chanoes in horizontal buildina planes: . Use of architectural details such as columns. cornices, strinacourses. pilasters. porticos. balconies, railinas. awninas. etc.: . Variety in materials, colors and textures: . Distinctive fenestration patterns: . Buildina stepbacks: and . Distinctive roofs forms. e. The proposed development provides for appropriate buffers. enhanced landscape desian and appropriate distances between buildinas. Section 19. Article 2, Zoning Districts, Section 2-103, Table 2-103 "LDR" District Flexible Standard Development, is amended as follows: Section 2-103. Flexible standard development. 30 Ordinance No. 7605-06 The following Level One uses are permitted in the LDR District subject to the standards and criteria set out in this Section and other applicable regulations in Article 3. Table 2-103. "lDR" District Flexible Standard Develooment Use Min. lot Area Min. lot Width Min. Setbacks (ft.) Max. Height Min. Off-Street (sq. ft.) (ft. ) lft.) ParkinQ Front Side Rear(1 ) Detached 10,000-- 50--100 25 5--15 5--25 30 2/unit Dwellings 20,000 Residential I nfi II n1a n/a 10--25 0--15 0--25 30 4- ~unit Proiect(3) Utility/ n/a n/a 25 15 25 n/a n/a Infrastructure Facilities(2) *********** Section 20. Article 2, Zoning Districts, Section 2-104, Table 2-104 "LDR" District Flexible Development Standards, is amended as follows: Section 2-104. Flexible development. The following Level Two uses are permitted in the LDR District subject to the standards and criteria set out in this Section and other applicable regulations in Article 3. Table 2-104. "lDR" District Flexible Develooment Standards Use Min. lot Min. lot Width Min. Setbacks (ft.) Max. Height Min. Off-Street Area (sq. (ft.) (ft.) Parking ft.) Front Side Rear(1 ) Attached 10,000 100 25 10 15 30 2/unit Dwellinas Overnight 20,000 100 25 15 25 30 1/unit Accommodations Parks and n/a n/a 35 20 25 30 1 per 20,000 Recreation SF land area Facilities or as determined by the community development director based on the ITE Manual standards Residential n/a n/a 10--25 0--15 0--15 30 4- ~/unit Infill(2) Schools 40,000 200 25 15 25 30 1/3 students *********** 31 Ordinance No. 7605-06 Section 21. Article 2, Zoning Districts, Section 2-203, Table 2-203 "LMDR" District Flexible Standard Development, is amended as follows: Section 2-203. Flexible standard development. The following Level One uses are permitted in the LMDR District subject to the standards and criteria set out in this Section and other applicable regulations in Article 3. Table 2-203. "lMDR" District Flexible Standard Development Use Min. lot Min. lot Width Min. Setbacks (ft.) Max. Height Min. Off-Street Size (sq. (ft.) (ft.) Parking ft. ) Front Side Rear(1 ) Attached DwellinQs 10,000 100 25 10 15 30 2/unit Detached Dwellinos 5,000 50 15--25 5 5--15 30 2/unit Residentiallnfill n/a n/a 10--25 0--5 0--15 30 4- 2/unit Projects(3) Utility/Infrastructure n/a n/a 25 10 15 n/a n/a Facilities(2) *********** Section 22. Article 2, Zoning Districts, Section 2-204, Table 2-204 "LMDR" District Flexible Development Standards, is amended as follows: Section 2-204. Flexible development. The following Level Two uses are permitted in the LMDR District subject to the standards and criteria set out in this section and other applicable regulations in Article 3. Table 2-204. "lMDR" District Flexible Development Use Min. lot Size Min. lot Width Min. Setbacks (ft.) Max. Height Min. Off-Street (sq. ft.) (ft.) (ft,) Parking Front Side Rear(1 ) Attached 10,000 100 25 5 15 30 2/unit Dwellinos Detached 3,000-- 5,000 25--50 15--25 2--5 5--15 30 2/unit Dwellinos Non- nfa n/a 25 10 10 n/a n/a Residential Off-Street Parking 32 Ordinance No. 7605-06 Parks and n/a n/a 35 20 25 30 1 per 20,000 Recreation SF land area Facilities or as determined by the community development director based on ITE Manual standards Residential nfa n/a 10--25 0--5 0--15 30 -i ~/unit Infill Proiects(2) Schools 40,000 200 35 25 15 30 1/3 students *********** Section 23. Article 2, Zoning Districts, Section 2-304, Table 2-304 "MDR District Flexible Standard Development, is amended as follows: Section 2-304. Flexible development. The following Level Two uses are permitted in the MDR District subject to the standards and criteria set out in this Section and other applicable regulations in Article 3. Table 2-304. "MDR" District Flexible Development Use Min. lot Min. lot Width Min. Setbacks (ft.) Max. Height Min. Off-Street Area (sq. (ft.) (ft.) Parking ft.) Front Side Rear(1 ) Assisted Living 20,000 100 25 5 10 30--50 1 per 2 Facilities residents Attached 10,000 100 25 5 10 30--50 2/unit DwellinQs Congregate Care 20,000 100 25 5 10 30--50 1 per 2 residents Non-Residential n/a n/a 25 5 10 n/a n/a Off-Street Parking Overnight 20,000 100 25 5 10 30--50 1/unit Accommodations Parks and n/a n/a 35 20 25 30 1 per 20,000 Recreational SF land area Facilities or as determined by the community development director based on ITE Manual standards Residentiallnfill n/a n/a 10--25 0--5 0--10 30--50 -i ~/unit Proiects(2) 33 Ordinance No. 7605-06 *********** Section 24. Article 2, Zoning Districts, Section 2-404, Table 2-404 "MHDR District Flexible Standard Development, is amended as follows: Section 2-404. Flexible development. The following Level Two uses are permitted subject to the standards and criteria set out in this section and other applicable regulations in Article 3. Table 2-404. "MHDR" Flexible Develooment Use Min. lot Min. lot Width Min. Setbacks (ft.) Max. Height Min. Off-Street Area (sq. (ft.) (ft.) Parking ft.) Front Side Rear(1 ) Attached 15,000 150 15--25 0--10 10--15 30--50 2/unit Dwellings Congregate Care 15,000 150 25 10 15 30 1 per 2 residents Non-Residential n/a n/a 25 5 10 n/a n/a Off-Street Parking(2) Overnight 15,000 150 15--25 0--10 10--15 30 1/unit Accommodations Parks and n/a n/a 35 20 25 30 1 per 20,000 recreation SF land area facilities or as determined by the community development coordinator based on the ITE Manual standards Residentiallnfill n/a n/a 10--25 0--10 0--15 30 4- 21unit Proiects(3) Residential 15,000 150 25 10 15 30 2/1,000 GFA Shelters *********** Section 25. Article 3, Development Standards, Section 3-1403.B, Parking lot surfaces, is amended as follows: B. Grass surface. *********** ~ The City Manaaer or the Community Development Coordinator may permit parkina on the arass or other permeable surface for public purpose needs. 34 Ordinance No. 7605-06 *********** Section 26. Article 3, Development Standards, Section 3-1407.A, Parking restrictions in residential areas, is amended as follows: *********** 2. Between principal structure and right-of-way. The following vehicles shall not be parked or stored, in whole or in part, between any portion of the principal structure and any right-of-way line in a residential zoning district UP to a maximum of two frontaaes: *********** 4. Exception to prohibition of parking on unpaved areas on sinqle familv and duolex residential orooertv. One designated parking space may be located on the grass in a required front setback adjacent to and parallel to the driveway located on the property. Access to such designated parking space shall be by way of the property's driveway. If the designated parking space can not be maintained as a landscaped qrass area and is either reported by neighboring residents as a detrimental property or is identified by any code inspector as in violation of this provision, such designated parking area shall be filled in, by the property owner, with pavers, concrete, turf block or asphalt, or other 3pproved suitablo parking material. Materials not permitted include crushed shell. mulch. millinas or similar material. *********** Section 27. Article 3, Development Standards, Section 3-1503.B. Nuisances is amended as follows: *********** 14. Graffiti. Graffiti on any wall. post. column. or other buildina or structure. or to a tree, or other exterior surface. publicly or privately owned. within the City of Clearwater. Section 28. Article 3, Development Standards, Section 3-1507. Inoperative vehicles on public property, is amended as follows: *********** B. This section may be enforced by any law enforcement officer, traffic infraction officer, or code enforcement inspector certified as a parking enforcement specialist. A law enforcement officer, traffic enforcement officer or code enforcement officer inspector certified as a parking enforcomont spocialist is authorized to remove, have removed, or impounded any inoperative vehicle which reasonably appears to be in violation of this section. Any law enforcement 35 Ordinance No. 7605-06 officer, traffic infraction enforcement officer, or code enforcement officor inspector who intends to remove, have removed, or impounded any inoperative vehicle under this section shall comply with the procedures provided for in F.S. Ch. 705, as that chapter relates to the impounding of property located on public property. Traffic infraction enforcement officers and code enforcement inspectors are hereby authorized and designated by the city to administer the provisions of F .S. Ch, 705, as they relate to lost, abandoned or inoperative vehicles. Section 29. Article 8, Definitions and Rules of Construction, Section 8- 102, Definitions, is amended as follows: *********** Community development coordinator means the director of the department at responsible for the community development and redovelopment plannina functions of the city, or any person designated to act on behalf of the director. *********** Retail sales and services means a building, property, or activity the principle use or purpose of which is the sale or lease of goods, products, materials, or services directly to the consumer, including financial institutions, grocery stores, adult day care, child care, personal services, funeral homes, art galleries, artisans, farmer markets, social and community centers, '1eterin::uy offices and animal boarding without outdoor c3ges, runs or pens and including the sale of alcoholic beverages for off-premises consumption provided that the sale of alcoholic beverages is subordinate to the principal use and display of alcoholic beverages occupies less than 25 percent of the floor area of the use. Not including problematic uses, street vendors or the on-premise consumption of alcoholic beverages. Section 30. Article 3, Development Standards, Section 3-910. Color, is amended as follows: No building, or its projections and attachments. such as any sian or awnina. shall be painted or otherwise finished with a predominant color which is garish, gaudy, loud, excessive, ostentatious or otherwise constitutes a glaring and unattractive contrast to surrounding buildings. Section 31. Amendments to the Land 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 32. The City of Clearwater does hereby certify that the amendments contained herein, as well as the provisions of this Ordinance, are consistent with and in conformance with the City's Comprehensive Plan. 36 Ordinance No. 7605-06 Section 33. 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 34. Notice of the proposed enactment of this Ordinance has been properly advertised in a newspaper of general circulation in accordance with applicable law. Section 35. This ordinance shall take effect immediately upon adoption. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Frank V. Hibbard Mayor Approved as to form: Attest: Leslie Dougall-Sides Assistant City Attorney Cynthia E. Goudeau City Clerk 37 Ordinance No. 7605-06 City Council __,~gen~,a Co~er Memorand~m.._~ flN- l ILl Tracking Number: 2,023 Actual Date: 04/20/2006 Subject / Recommendation: Authorize settlement of the workers' compensation claim of Claimant, Tyrone Booze, in its entirety to include medical, indemnity and attorney fees for the sum of $81,500,and that the appropriate officials be authorized to execute same. (consent) Summary: On September 15, 2004, Claimant, a solid waste worker for the City of Clearwater, sustained a significant leg injury at work that is the basis of his pending workers' compensation(WC) claim. As a consequence of his leg injury he underwent leg surgery. Claimant's pending WC claim includes cosmetic surgery for scar revision on his leg and also for surgery to remove internal hardware in his leg from the original leg surgery. The claimant alleges that as a result of his WC injuries he is unable to return to his job as a solid waste worker. Settlement of this claim is recommended as being in the best interest of the City by the City's Claims Committee, the Risk Management Division, and the City's outside counsel, Mark Hungate Originating: Finance Section: Consent Agenda Category: Agreements/Contracts - with cost Public Hearing: No Financial Information: ~ Operating Expenditure Bid Required? No Bid Exceotions: Other Other Contract? Settlement of Workers' Compensation Claim In Current Year Budget? Yes Budget Adjustment: No Current Year Cost: $80,000.00 For Fiscal Year: 10/01/2005 to 09/30/2006 Total Cost: $81,500.00 Not to Exceed: $80,000.00 _U_--l City Council _,~~~I!~a ~~ver Memorandu~_~__,~~ Appropriation Code(s) 0590-07000-545800-519-00 Review Approval Maraie Simmons Cvndie Goudeau Bill Horne Tina Wilson Garrv Brumback Dick Hull Sue Diana Amount $81,500.00 Comments Workers' Compensation 03-28-2006 14:31:56 04-07-2006 13:38:59 04-10-2006 17:26:05 03-28-2006 14:38:20 04-10-2006 14:32:45 03- 29- 2006 12:03:55 04-11-2006 09:25:46 City Council Agen~!..Co,!,~r Memorandum C-c;S-1 ll.d Tracking Number: 1,975 Actual Date: 04/20/2006 Subject / Recommendation: Approve the Award of the Second and Final Rollover of Bid 10-04 Lines 2, 3, and 5 Gas Meters and Regulators and issue a Purchase Order in the amount of $125,000 for the period May 1, 2006 to April 30, 2007 to American Meter Company C/O The Avanti Company and authorize the appropriate officials to execute same. (consent) Summary: American Meter Company C/O The Avanti Company 22 South Lake Avenue Avon Park, Florida 33825 was the low bidder on Lines 2 (250 CFH Meters), 3 (400 CFH Meters), and 5 (630 CFH Meters) on Bid 10-04 for a Purchase Order amount of $125,000. Funding is available in Pinellas New Mains and Service Lines 315-96377 ($50,000) and Pasco New Mains and Service Lines 315-96378 ($75,000) to support this Purchase Order. This material is code approved and will be utilized to install new meters or replace old meters in the Clearwater Gas Distribution System to include expansion into central Pasco County. This is the Second and Final Rollover of Bid 10-04 Gas Meters and Regulators. Originating: Gas System Section Consent Agenda Category: Purchasing item with contract document Number of Hard Copies attached: 0 Public Hearing: No Financial Information: Type: Purchase Bid Required? Yes Bid Numbers: 10-04 In Current Year Budget? Yes Budget Adjustment: No Current Year Cost: $125,000.00 City Council _,~enda,",Co~e~_ Mem~~,an~,!:!,!!!_ For Fiscal Year: 05/01/2006 to 04/30/2007 Total Cost: $125,000.00 Not to Exceed: $125,000.00 Appropriation Code(s) 315-96377 315-96378 Amount $50,000.00 $75,000.00 Comments Review Approval John Scott - Gas Rod Irwin 03-24-2006 10:22:49 03-24-2006 11:35:31 04-07-2006 14:43:37 03-24-2006 10:33:20 04-07-2006 15:07:54 03-24-2006 11: 11 :41 04-06-2006 13:03:45 Brvan Ruff Bill Horne Georae McKibben Cvndie Goudeau Tina Wilson ter City Council _",,_~endC!,.Co!!:E Mm~,!!!~_~!n~t~!.~_,_, LIB-I 11.3 Tracking Number: 2,007 Actual Date: Subiect / Recommendation: Amendment and Assignment of Operator's Agreement for the Main Library Cafe'from Raven of Tampa BAy, Inc., to The Bookworm Cafe', LLC, for a period of three years with one option to renew for three years and authorize the appropriate officials to execute same. (consent) Summary: The current owners of the Cafe' operation at the Main Library wish to assign their Operator's Agreement with the City to a new vendor. Amendments to the Agreement were made due mainly to lower than expected library traffic which resulted in lower than expected sales. 1) The hours of operation have been decreased to 9:00 am to 7:00 pm Monday through Tursday and 9:00 am to 5:00 pm Friday and Saturday. Hours were previously 9:00am to 9:00 pm. 2) Section 4(d), which previously allowed the City to review the vendor's price list, has been omitted in its entirety. 3) The base rent has been lowered from $1,000 to $400 per month, which is more realistic given the actual traffic. 4) The percentage of rent has been lowered from 10% to a graduated plan of 2% of monthly gross revenues from $3,000 to $4,000; 4% of amounts over $4,000 to $5,000; 5% of amounts over $5,000 up to $75,000; 6% of amounts over $75,000. 5) If the City takes the property for municipal purpose, the City shall reimburse Bookworm Cafe' up to $5,000 of its verifiable cost for existing inventory. Oriainatina: Library Section: Consent Agenda Cateaorv: Agreements/Contracts - without cost Number of Hard Copies attached: 0 Public Hearing: No Financial Information: Review Approval Laura Lioowski 04-03-2006 12:04:58 Cvndie Goudeau 04-14-2006 13:18:11 Laura Lioowski 04-14-2006 11:08:49 Garrv Brumback 04-14-2006 13:04:58 Laura Lipowski City Council __~~__~gend~ Cov~r Memorand~m 04-14-2006 11:27:49 ~: LI&-I 11.3 FIRST AMENDMENT TO OPERATOR AGREEMENT THIS First Amendment to Operator Agreement ("First Amendment ") is effective April ,2006 (the "Effective Date") between City of Clearwater, Florida (the "City"), a municipal corporation and Raven of Tampa, Inc. (the "Operator"), a Florida corporation and licensee of Joffrey's Coffee and Tea Company, and The Bookworm Cafe', L.L.C., a Florida corporation and licensee of Joffrey's Coffee and Tea Company (the "Successor Operator") . WHEREAS, the City and the Operator entered into an Operator Agreement (the "Agreement") on April 21, 2004 under which the City permitted the Operator to occupy and operate a food and beverage concession (the "Cafe") within the cafe area of the City's Main Library facility (the "Facility") as further described in the Agreementi and WHEREAS, the parties recognize that certain provisions of the Agreement require revision, and new provisions must be added to accommodate changes in the relationship of the parties resulting from the lower than expected number of patrons visiting the Facility and Cafe, and an assignment of the Operator Agreement as provided for therein. NOW THEREFORE, In consideration of the sum of ten dollars ($10.00) and other valuable consideration the receipt and sufficiency of which are hereby agreed, this First Amendment to Operator Agreement, upon its execution by the parties, is herewith made a part of the Agreement and supercedes and substitutes its terms for any of those contained in said Agreement which conflict therewith. (1) The assignment of the Agreement, as herein amended, to The Bookworm Cafe, L.L.C., is subject to the parties' approval of all other terms of this Amendment as provided for herein. The Agreement shall inure to the benefit of Successor Operator upon such assignment. (2) Paragraph 2, Term: is amended to add: The term of this Agreement is for three (3) years, beginning on the 20th day of April, 2006 and continuing until the midnight on the 19th day of April, 2009. Renewal shall be permitted as provided for in the Agreement. (3) Paragraph 3, Performance, etc.: is amended to add: At any time the City terminates this Agreement for municipal purpose, the City shall purchase Operator's inventory at the date of such termination at Operator's verifiable cost, which cost shall, in no event, exceed Five Thousand Dollars ($5,000.00). (4) Paragraph 4c of the Agreement shall be deleted in its entirety and replaced with the following: "Hours of Operation. Hours of operation for the Cafe shall be 9:00 a.m. through 7:00 p.m. Monday thru Thursday and 9:00 a.m. through 5:00 p.m. Friday and Saturday. The Cafe shall have the option to stay open for additional periods to accommodate special events being held within the Facility. Cafe staff shall have the right to enter the Facility for business purposes at any time, except for Sundays or any other time when the facility is closed. Special Events within the Library facility may be offered to Successor Operator at City's discretion. (5) Paragraph 4(d) is deleted in its entirety. (6) Section 5 (a) and 5 (b) of the Agreement shall be modified as to amend the base fee to Four Hundred Dollars ($400.00) per month. In addition to the base fee, operator shall remit to the City monthly: 2% of gross revenues over $3,000.00 and up to $4,000.00; 4% of gross revenues over $4,000.00 and up to $5,000.00; 5% of gross revenues from over $5,000.00 up to $7,500.00; and 6% of gross revenues over $7,500.00. (7) The fees required by the new Section 5(a) and (b) shall begin to accrue as of the Effective Date of this First Amendment and shall be prorated as necessary to coincide with the applicable Agreement year. (8) Paragraph 29 (g) is amended to replace the words "or permit the presence, use disposal, storage, or release of" with "the introduction" before "of any Hazardous Substances" in line one of such subparagraph. (9) The first two sentences of Section 24 of the Agreement shall be deleted and replaced with the following: "The Caf~ may at its option post, erect or hang signage inside and/or outside of the atrium area of the Facility so that it maybe seen by patrons inside the Facility as well as traffic driving by the Facility, and may at its option post, erect or hang signage in the hallway leading to the Caf~ as well as in each of the elevators, subject to City approval. The design of any signage will be presented to the City prior to its installation, and the City agrees to review such signage wi thin a reasonable time, in accordance with City policies and procedures. Approval of the signage is subject to the City policies and applicable law, including the City of Clearwater Code of Ordinances and the City of Clearwater Land Development Code. (10) The Agreement as amended herein is hereby assigned to The Bookworm Cafe. Successor Operator as Assignor hereby assumes and shall at all times be liable to observe and perform. all of the covenants, duties and obligations under the Agreement and as further described herein. The City consents to said assignment. In all other respects, the Operator Agreement shall remain in full force and effect. Countersigned: Mayor Approved as to form: tJjL-_.~.. Laura;j;tipowski, Assistant City Attorney Signed, sealed and delivered in the presence of: CITY OF CLEARWATER, FLORIDA William B. Horne, II City Manager Attest: Cynthia E. Goudeau, City Clerk Raven of Tampa, Inc. By: Robert Marotto President The Bookworm Cafe', L.L.C. By: Ph lis DeMarco Managing Member ter City Council ",,___~~t~nda .coV~!<J~:temorandum __~ fl1R - I 11~0[ Trackina Number: 2,017 Actual Date: 04/20/2006 Subiect / Recommendation: Approve a Communication Easement with Verizon Florida Inc. for the installation and maintenance of telephone lines at the Clearwater Airpark. (consent) Summary: Verizon requires a Communication Easement to install and maintain phone lines at the Clearwater Airpark. The document contains the mutually agreed upon five (5) foot wide easement strip location and maintenance conditions, which have been reviewed and approved by an assistant city attorney. Oriainatina: Marine and Aviation Section: Consent Agenda Cateaorv: Agreements/Contracts - without cost Public Hearina: No Financial Information: Review Approval Bill Morris 03-23-2006 15:36:12 Rod Irwin 04-10-2006 08:09:33 Laura Lioowski 03-30-2006 11:23:27 Sue Diana 04-11-2006 09:26:44 Cyndie Goudeau 04-07-2006 13:53:45 Bill Horne 04-10- 2006 17:24:57 FILE NO. COMMUNICATION EASEMENT THIS EASEMENT, made this day between the undersigned for the City of Clearwater, a municipal corporation of the State of Florida whose address is P.O. Box 4748, Clearwater. FL 33758-4748 (GRANTOR) and VERIZON FLORIDA INC., a Florida corporation, whose principal office is at One Tampa City Center, Post Office Box 110 (MC-FL TP0039), Tampa, Florida 33601-0110, its successors, and assigns (GRANTEE) (individually referred to herein as "Party" or collectively as the "Parties": WITNESSETH, that for and in consideration of the mutual benefits which will accrue to GRANTOR and GRANTEE as a result of GRANTEE'S construction, installation, maintenance and operation of communication facilities within the GRANTOR'S premises described below, GRANTOR grants, conveys, bargains or sells to GRANTEE a non-exclusive easement to place, replace, remove and maintain telecommunication equipment and other such facilities it deems desirable for providing telecommunications and other communications services to Grantor or customers on Grantor's property, in, over, across and under the following described property in Pinellas County, Florida, to wit: Verizon Legal Description: A five (5) foot wide easement strip defined as comprising an area two and a half (2-1/2) feet on each side of the center line of the GRANTEE'S facilities as may be designed from time to time at a mutually agreed upon location within the GRANTOR'S premises as described in the Legal Description in Exhibit "A". The rights granted to GRANTEE for purposes of providing communications service to the Grantor or customers on Grantor's property, specifically include: (a) the right for GRANTEE to patrol, inspect, alter, improve, repair, rebuild, relocate and move said facilities; (b) the right for GRANTEE to change the quantity and type of facilities; (c) the right for GRANTEE to clear the Easement Area of trees, limbs, undergrowth and other physical objects which, in the opinion of GRANTEE, endanger or interfere with the safe and efficient installation, This instrument was prepared by Verizon Florida Inc., One Tampa City Center, Post Office Box 110 (MC-FL TP0039), Tampa, FL 33601-0110. By: Randy Johnson (Name typed or printed) FILE NO. 1 OF 4 (3/17/2004) Date: March 8, 2006 Please, return to: Verizon Florida Inc. Attn: Randy Johnson 1280 Cleveland St. MC FLCW 5033 Clearwater, FL 33755 operation or maintenance of said facilities; (d) the reasonable right for GRANTEE to enter upon land of the GRANTOR adjacent to said Easement Area for the purpose of exercising the rights herein granted; (e) and all other rights and privileges reasonable, necessary or convenient for GRANTEE'S safe and efficient installation, operation and maintenance of said facilities and the enjoyment and use of said easement for the purpose described above. GRANTOR hereby covenants and agrees that no buildings, structures or obstacles (except fences) shall be located, constructed, excavated or created within the Easement Area. If fences are installed, they shall be placed so as to allow ready access to GRANTEE'S facilities. If GRANTOR'S future orderly development of the premises is in physical conflict with GRANTEE'S facilities, GRANTEE shall, within 60 days after receipt of written request from the GRANTOR, relocate said facilities to another mutually agreed upon Easement Area in GRANTOR'S premises, provided that prior to the relocation of said facilities: (a) GRANTOR shall pay to GRANTEE the full reasonable cost of the relocation as documented by GRANTEE; (b) and GRANTOR shall execute and deliver to GRANTEE, at no cost, an acceptable and recordable easement to cover the relocated facilities. Upon completion of the relocation, the easement herein shall be considered canceled as to the portion vacated by the relocation. GRANTOR covenants not to interfere with GRANTEE'S facilities within the Easement Area in GRANTOR'S premises, and GRANTOR further covenants, to the extent permitted by the Statutory limits on the waiver of sovereign immunity, to indemnify and hold GRANTEE harmless from damages and injuries, whether to persons or property resulting from interference with GRANTEE'S facilities by GRANTOR or by GRANTOR'S agents or employees as a result of GRANTOR'S negligence. Nothwithstanding anything contained herein to the contrary, this indemnification provision shall not be construed as a waiver of any immunity to which GRANTOR is entitled or to the extent of any limitation of liability pursuant to 9 768.28, Florida Statutes. Further more, this provision is not intended to nor shall it be interpreted as limiting or in any way affecting any defense GRANTOR may have under 9 768.28 or other applicable law. GRANTOR hereby warrants and covenants: (a) that GRANTOR is lawfully and well seized of said land in fee simple in which the above described Easement Area is located; (b) and GRANTOR fully warrants the title to the land and will defend the same against the lawful claims of all persons whomsoever; (c) and the GRANTEE shall have quiet and peaceful possession, use and enjoyment of this easement. All covenants, terms, provisions and conditions herein contained shall inure and extend to, and be obligatory upon, the successors, lessees and assigns of the respective parties hereto. FILE NO. IN WITNESS WHEREOF, the GRANTOR has caused this easement to be signed in its political name by its proper officers thereunto duly authorized and its official political seal to be hereunto affixed and attested this day of ,2006. Cou ntersigned: Frank V. Hibbard Mayor Approved as to form: Laura Lipowski Assistant City Attorney By: Attest: CITY OF CLEARWATER, FLORIDA William B. Horne II City Manager Cynthia E. Goudeau City Clerk WITNESSES: Signature Signature Name Typed or Printed Name Printed or Typed Signature Signature Name Printed Name Printed or Typed ACKNOWLEDGEMENT STATE OF FLORIDA COUNTY OF PINELLAS The foregoing instrument was subscribed and sworn to me this _ day of I as .2005 by of (strike out whichever is not applicable) of the State of o who is personally known to me, o who produced as identification, and who acknowledged before me that (s)he executed the same freely and voluntarily for the purposes therein expressed. My Commission Expires: 'J a municipality or political subdivision Signature Print Name NOTARY PUBLIC - STATE OF Commission No. Exhibit "A" SKETCH AND LEGAL DESCRIPTION ~ ~ EXHIBIT "A" SCALE 1 "=1 00' THIS IS NOT A SURVEY!! GRAND AVENUE +1 8L7- W I"') :::) CIl Z c: W :::i > S89'09'12"E 3: <( 600.00' ........ a:: U1 ~ W ---1 :::) U w "! 0::: . a> N W a> " 1/)" I/) " I _ <Xl "(0 lOa> ~ ui 'N b 0 gN 0 N Z VJ N89'21'07"W 600.00' P.O.B. ~ N89'19.:J0"W J~O'OI Commence at Center ~ Sec.12 Twsp.29 S Rng.15 E .. ~ Clearwater ? Airpark ~ Commence at the Center of Section 12, Township 29 South, Range 15 East; thence run North 89' 19' 10" West, along the East-West centerline of said Section 12, 50.00 feet, to a point on the West right-of-way line of Hercules Avenue, and the Point of Beginning. Thence run South 00' 16' 59" West. 22.07 feet; thence North 89' 21' 07" West, 600.00 feet; thence North 00' 16' 59" East. 229.87 feet; thence South 89' 09' 12" East, 600.00 feet to said West right-of-way line, thence South 00' 16' 59" West, 205.72 feet to the Point of Beginning. Containing 137,297.04 square feet or 3.15 acres. M.O.L. . CITY OF CLEARWATER. FLORIDA PUBIJC WORKS ADMINISTRATION ENGINEERING City Council Agenda !-=over ~~!'!I~rC!I!f'~m PG? - l 1\,5 Tracking Number: 1,973 Actual Date: 04/20/2006 Subiect / Recommendation: Award a contract for civil work for a portion of SR 60 (the east entrance to the Memorial Causeway Bridge and 770 feet west of the Memorial Causeway Bridge) to Keystone Excavators, Inc. of Oldsmar, Florida, in the amount of $220,330, which includes base bid, alternates 12-27a and a 10% contingency and authorize the appropriate officials to execute same. (consent) Summary: On March 3, 2006 the City Council approved a Streetscape Maintenance Memorandum of Agreement with the Florida Department of Transportation, District Seven, for the improvements of SR 60 from the east entrance to the Memorial Causeway Bridge and 770 feet west of the Memorial Causeway Bridge. In order to complete the necessary landscape improvements as designed some civil work is needed to relocate sidewalks on the west side of the bridge as well as some grading and other civil tasks. This contract with Keystone Excavators, Inc. is for the installation of sidewalks, curbs, fill, grading, etc. Alternate 12-27a deals specifically with relocating an asphalt parking lot and realigning the recreational trail at the base of west end of the bridge. Work will commence upon award and execution of the contract and will be completed by August, 2006. Sufficient funding is available in CIP code 315-93210. A copy of the contract is available for review in the Official Records and Legislative Services office. Oriainating: Parks and Recreation Section: Consent Agenda Category: Agreements/Contracts - with cost Number of Hard Copies attached: 2 Public Hearina: No Financial Information: Type: Other Bid Reauired? Yes Bid Numbers: 06-0012-PR Other Contract? Funding of $712,000 from FDOT In Current Year Budaet? Yes Budaet Adjustment: No Current Year Cost: $220,330.00 For Fiscal Year: 10/01/2005 to 09/30/2006 Total Cost: $220,330.00 Not to Exceed: $220,300.00 Approoriation Coders) 315-93210 Review Approval Kevin Dunbar Cvndie Goudeau Tina Wilson Garrv Brumback Bryan Ruff Bill Horne City Council A~~a Cover Memor~~nd~m Amount $220,300.00 Comments A portion of the funds will come from FDOT funding for bridge, the reminder from general fund. 03-14-2006 15:59:55 03-27-2006 14:04: 12 03-16- 2006 10:29:22 03-26-2006 06:29:19 03-16- 2006 10:56:18 03-27-2006 11:55:55 -- --I Memorial Causeway SR 60 Civil Site Improvements (06-0012-PR) BID OPENING - Wednesday, March 8, 2006 AWARD - Thursday. April 6. 2006 DAVID NELSON KEYSTONE EXCAVATORS, INC. CONSTRUCTION OLDSMAR, FL PALM HARBOR, FL BASE BID ITEMS QTY UNIT UNIT PRICE AMOUNT UNIT PRICE AMOUNT 1 Mobil ization/Demobil ization 1 LS $ 14,865.00 $ 14,865.00 $ 36,500.00 $ 36,500.00 2 Traffic Control 1 LS $ 16,820.00 $ 16,820.00 $ 10,000.00 $ 10,000.00 3 Silt Fence 758 lF $ 1.50 $ 1,137.00 $ 2.00 $ 1,516.00 4 Raise Existing Sanitary Sewer Manhole 2 EA $ 1,972.00 $ 3,944.00 $ 1,250.00 $ 2,500.00 5 Raise Existing ~tormwClt~r~Clnl1ole 2 EA $ 1,972.00 $ 3,944.00 $ 1,250.00 $ 2,500.00 6 Remove Existing Drainage Pipe 70 lF $ 22.00 $ 1,540.00 $ 50.00 $ 3,500.00 7 Remove Existing Drainage Inlet 1 EA $ 966.00 $ 966.00 $ 1,000.00 $ 1,000.00 8 Excavation, Median 750 CY $ 4.50 $ 3,375.00 $ 10.00 $ 7,500.00 9 Embankment Fill, Median 2,140 CY $ 22.00 $ 47,080.00 $ 25.00 $ 53,500.00 10 4-inch Concrete Gate Slab 45 SF $ 5.00 $ 225.00 $ 5.00 $ 225.00 11 8-inch Concrete Slab 888 SF $ 8.00 $ 7,104.00 $ 10.00 $ 8,880.00 Subtotal (ITEMS 1-11) $ 101,000.00 $ 127,621.00 11a 10% Contingency 1 LS $ 10,100.00 $ 10,100.00 $ 12,672.10 $ 12,762.10 TOTAL BASE BID (ITEMS 1-11a) $ 111,100.00 $ 140,383.10 ALTERNATE BID 12 Contractor Staking and Recording Drawings 1 lS $ 6,200.00 $ 6,200.00 $ 6,000.00 $ 6,000.00 13 Remove Pavement 834 SY $ 3.50 ! $ 2,919.00 $ 6.00 $ 5,004.00 14 Remove Concrete Walk 3,340 SF $ 1.50 . $ 5,010.00 $ 1.00 $ 3,340.00 15 Remove and Replace Metal Handrail 1 LS $ 1,320.00 $ 1,320.00 $ 1,000.00 $ 1,000.00 16 Silt Fence 548 LF $ 1.50 $ 822.00 $ 2.00 $ 1,096.00 17 Excavation, Trail 402 CY $ 4.00 I $ 1,608.00 $ 10.00 $ 4,020.00 18 Embankment Fill, Trail 81 CY $ 22.00 $ 1,782.00 $ 25.00 $ 2,025.00 19 Concrete Header Curb, 6-inch 852 LF $ 16.00 $ 13,632.00 $ 15.00 $ 12,780.00 20 Asphalt Pavement, 1.5-inch 142 TON $ 124.00 $ 17,608.00 $ 150.00 $ 21,300.00 21 Asphalt Pavement, 2-inch 64 TON $ 148.00 $ 9,472.00 $ 175.00 $ 11,200.00 22 Crushed Concrete Base, 8-inch 1,430 SY $ 17.50 $ 25,025.00 $ 20.00 $ 28,600.00 23 Type B Stabilization, 6-inch 1,472 SY $ 4.00 $ 5,888.00 $ 7.50 $ 11,040.00 24 14X23-inch ERCP 32 lF $ 54.00 $ 1,728.00 $ 150.00 $ 4,800.00 25 Concrete Rip-Rap 16 SY $ 110.00 $ 1,760.00 $ 250.00 $ 4,000.00 26 FOOT Ditch Bottom Inlet, Type C 1 EA $ 3,401.00 $ 3,401.00 $ 2,500.00 $ 2,500.00 27 Concrete End Section, 14X23-inch 1 EA $ 1,125.00 $ 1,125.00 $ 850.00 $ 850.00 Subtotal (ITEMS 12-27) $ 99,300.00 $ 119,555.00 27a 10% Contingency 1 LS $ 9,930.00 $ 9,930.00 $ 11,955.50 $ 11,955.50 TOTAL AL TERNA TE BID (ITEMS 12-27a) $ 109,230.00 $ 131,510.50 TOTAL BASE BID & AL TERNA TE BID WITH CONTINGENCIES $ 220,330.00 $ 271,893.60 BIDS SOLICITED - 32 Contractors Picking Up Plans/Specs - 6 Contractors Submitting Bids - 2 No Response - 4 Kamminga & Roodvoets Kloote Contracting, Inc. Dolphin Constructors, Inc. ... Didn't Attend Mandatory Prebid - Peooer Contracting, Inc. City Council *""_,,.,~gen~,~ C~~y~~! Mem~,~!,~~!!~ PR-d. II < 6 Trackina Number: 1,974 Actual Date: 04/20/2006 Subject / Recommendation: Award a contract for landscape and irrigation for a portion of SR 60 (the east entrance to the Memorial Causeway Bridge and 770 feet west of the Memorial Causeway Bridge) to Smith Landscaping Services, Inc. of Clearwater, Florida, in the amount of $552,481.05, which includes base bid, and a 10% contingency and authorize the appropriate officials to execute same. ( consent) Summarv: On March 3, 2006 the City Council approved a Streetscape Maintenance Memorandum of Agreement with the Florida Department of Transportation, District Seven, for the improvements of SR 60 from the east entrance to the Memorial Causeway Bridge and 770 feet west of the Memorial Causeway Bridge. The Florida Department of Transportation, District Seven, has allocted funds for landscape improvements in conjunction with the construction of the Memorial Causeway Bridge. This contract with Smith Landscaping Services, Inc. is for the installation of an irrigation system and landscaping for the Memorial Bridge area. Work will include grading, planting trees, planting of landscape material, planting annuals, and installation of an irrigation system. Work will commence upon award and execution of the contract and will be completed by August, 2006. Sufficient funding is available in CIP code 315-93210. A copy of the contract is available for review in the Official Records and Legislative Services office. Originating: Parks and Recreation Section: Consent Agenda Category: Agreements/Contracts - with cost Number of Hard Copies attached: 2 Public Hearina: No Financial Information: ~ Other Bid Required? Yes Bid Numbers: 06-0011-PR Other Contract? Funding of $712,000 from FDOT City Council _=~~nda Cover ~te~~l:~"n,:!!!m In Current Year Budget? Yes Budget Adjustment: No Current Year Cost: $552,481.05 For Fiscal Year: 10/01/2005 to 09/30/2006 Total Cost: $552,481.05 Not to Exceed: $552,481.05 Appropriation Coders) 315-93210 Amount $552,481.05 Comments Funding from FDOT as part of bridge construction. Review Approval Kevin Dunbar Bryan Ruff 03-14-2006 15:59:16 03-27-2006 14:03:35 03-16-2006 10:37:00 03-26-2006 06:30:27 03-16- 2006 12:38:54 03-27-2006 11:56:41 Cvndie Goudeau Tina Wilson Garrv Brumback Bill Horne ~ III .-. 'a D:: ~ Q. ::::I '~ ::1- o I o cQ~ e.<c ~ ~ G) E ~ ~ 0. .E G) 0. III U III 'a C III CO ...I 0 00 COC'\l D::tti cn~ >. u III .. ! ~ ~ ~ III III O-g :! ~ () -g ~ ~ ~ I C) Z Z W Q. o c iii 0.: 88~8~88 D:: l-oo..tcx:iooLri o ZOOMLOLOMm O...l::>OOLO....."''''''..... (l)u.01li1li "",05e-iM ffiC~N"'" :::E:<C I-W 01- D::ffiw8 a:l 0' ~~~8 o:::E: Q. Ili ~ ~N <c ::> W <CQ.. 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(consent) Summary: On August 21, 2003 the City Commission approved a five-year agreement from October 1, 2003 - September 30, 2008, with five, five-year renewable options, between the City of Clearwater and the Pinellas Community Center Inc., for the management and maintenance of the Long Center. At that time the City also inherited a one million dollar Penny for Pinellas funded CIP project for the partial renovation of the Long Center which included the development of a new entry and registration area, construction of a new fitness and cardiovascular space, classroom space, improvements to the gymnasium space, companion restrooms, new office space and general upgrade of the common areas at the Center. In FY 2005/06 the City Council approved a project to provide further funding from Penny for Pinellas to repair and renovate the Olympic pool and therapeutic pool area. Much of the infrastructure surrounding the operation of the pool which includes pumps and filters have either been repaired or replaced however, the pool has never been re-marcited and is in great need of marciting. In order to do this the pool will need to be drained and closed down from May 1st to October 31st. All aquatics programs including the Clearwater Aquatics Team will be moved to other City pools during this construction. Also, while the pool is closed cleaning and painting of the structural steel and roof above the pool will be done by another contractor. This contract includes the construction needed to marcite the pool, repair and replace broken tiles and drains and grout in selected areas and other misc. pool related issues. New deck material and upgrade to the lighting will be done by others. The base bid of $323,400 includes a 10% contingency. Staff is recommending that Alternate #1 which provides for an improved type of marcite material be accepted for an additional $1,200 for a total contract price of $324,600. No additional operating cost will be needed fo r this maintenance project. A copy of the contract is available for review in Official Records and Legislative Services. Orioinating: Parks and Recreation Section: Consent Agenda Cateoorv: Agreements/Contracts - with cost Number of Hard CODies attached: 1 Public Hearing: No ater City Council 'ffi,_~da Cover Mem~r~!:Im Financial Information: ~ Capital Expenditure Bid Reauired? Yes Bid Numbers: 06-0014-PR In Current Year Budget? Yes Budaet Adjustment: No Current Year Cost: $324,600.00 Annual Ooerating Cost: $0.00 For Fiscal Year: 10/01/2005 to 09/30/2006 Total Cost: $324,600.00 Not to Exceed: $324,600.00 Approoriation Coders) 315-93246 Amount $324,600.00 Comments Funds available in CIP budget Penny II funding Review Approval Kevin Dunbar 03-29-2006 11:03:25 Cvndie Goudeau 04-14-2006 13:25:57 Tina Wilson 03-28-2006 14: 13:26 Bob Brumback 04-10-2006 16:42:42 Bryan Ruff 03-30-2006 08:47:01 ~ =-: o ~ """ = "0 ~ = ..c:l E-- .. ~ E-- -< Q ~ ~ ~ =-- I ~ """ 0 0 I ~ 0 fIl = = ~ .... 0 ... = 0 .. N = N = q,l N ~ -= - ~ ~ = ~ "" =!.:= = =--- ~ ",,0 q,l -= .S = q,l fIl "0 U = fIl ~ ..c:l = = ~ "0 = "" q,l ~~ ~ ri5 Q l-oI = ~ 0 Z .. 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(/) ~ 00 00 -I .... .... 0.8.8 C/) 16 16 (/).=..=. 01515 cooo City Council ~~ cov~r ~~,~~ra!ldu~!L.._ S-w- \ ,l-8 Tracking Number: 1,972 Actual Date: 04/20/2006 Subject / Recommendation: Approve the hiring of outside legal counsel, Shulman Rogers Gandal Pordy & Ecker, P.A. of Rockville, Maryland, for representation during the rebanding of the City of Clearwater's 800 MHz radio system for an amount not to exceed $50,000 and authorize the appropriate officials to execute all documents related thereto. (consent) Summary: The Federal Communications Commission has approved a request from Nextel to relocate their radio frequencies into one spectrum band to eliminate interference between radio operators and cellular phone operators. This overall project is nationwide, very lengthy and very complicated. As part of the approved nationwide restructuring, Public and Private sector radio operators in various spectrums will consolidate their radio frequencies to accomodate the bundling of cell phone company frequencies, including Nextel. While numerous agencies will move their entire system, only one of our 11 frequencies will need to be relocated. The relocation will require software and possibly hardware changes to our radio infrastructure and will require reprogramming of all 1100 radios. The reprogramming will occur at our radio shop and will require several hours to complete. The total amount of time to complete the project is not known at this time. Nextel has placed 3.2 billion dollars in escrow with the FCC appointed Transition Administrator to reimburse all Public and Private agencies for costs associated with the entire process, including legal costs. Documentation of all expenses must be precise and in a certain format as dictated by the FCC, in order for the City (and other parties) to receive reimbursement. The Law Firm, which has been recommended by relevant parties, including the City's radio maintenance provider, has over 20 years experience representing land mobile radio licenses and has been involved in all discussions with the FCC leading up to the decision to transfer these frequencies. The total cost of representation is not to exceed Fifty-Thousand Dollars ($50,000). Funding for this contract of $50,000 will be provided by a mid-year budget amendment transferring $50,000 from the retained earnings of the Garage Fund. These funds will be returned to the retained earnings upon reimbursement to the City. Originating: Solid Waste/General Services Section Consent Agenda Category: Agreements/Contracts - with cost Number of Hard Copies attached: none Public Hearinq: No Financial Information: Type: Other .. o .. City Council _~~a Cover MJ!!!lo~!.ndum,~ Bid Required? No Bid Exceotions: Impractical to Bid In Current Year Budget? No Budget Adjustment: No Current Year Cost: $0.00 Not to Exceed: $50,000.00 $50,000.00 Comments Other Contractual Services Appropriation Code(s) 566-06620-530300-519-000- Amount Review Approval Rick Carnlev Rod Irwin 03-21-2006 14:07:44 03-27-2006 13:34:49 04-07-2006 14:42:54 03-21-2006 15:29: 12 04-07-2006 15:08:30 03-21-2006 15:43:53 04-06-2006 14:58:51 Laura LiDowski Bill Horne Bob Brumback Cvndie Goudeau Tina Wilson Ud/~lruo l~;~~ rAA SHULMAN ~ ~ IU<<Ji & E'!l\m,PA &-A.-.- 0eIIIII" ........ ...a.....;;;r .......1'!Hr ...0........ .............. ~..'..... ...... ........... ..........., .......c:.. ....ll....... 1ft......., ,.,.,....... ......x........ .......... ........a ,....,..... .....$.~ , ........,..,. , ....... '11Ioo .......... ...... ~....... =1:....... 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Wd....tliood DIlI~ 3D 11231.0930 atill~.com March 23, 2006 VIA EI..RC'I'RONlC MAIL City of Cl.euwater c/o Laura Upowski P.O. 101:4748 ClealWaier. FL 33758 Re: Enpgemem LeUer and Attomey/Oiem .Agreement 800 Mlb R.e-banding Dear Ms. Lipowski: This'etter will confirm om uncImstanding regar<ting this Finn's lepieseotation of the City of Clearwater. Florida, in COlIDCCtion with re..banding negotiations with Nexte1 Co~Il$. As di9cussed. I will bcthe abomeyprimarilymJpODSibJc for)'OUt Iep1 work altIlougb other Firm personnel may assist me. as we deem ilpp'0pfUde. We are looking forward to a Long and pleasant relationship with. ~u and si11.Ctlre1)' hope that we will 'be able to t'eI'Ider thO services which you require in a manner wIUch will be of the greatest assistance to you. 119Z1 Roo.hiIe Pike, RadI.;Jk. .......... 2PlU-DU ."IllI: <., :2lNZllO. hr (.lOt) %JO-2lI91 ~... nc. 0IIie4r. aon m...oeoo. Groollll......... 0IIiI:lt: fJOn~ · ~ c-. \IiqiGia Odicc: (1U!)6114-:UOO E....."""~-l_~ llJ UU;J u"rZtlUO lZ:ll: tAA 1m 3Il'iA. If the foregoma. tQ8echc:r with the Attomey..cJicnt Agreement, is ~table to )'Ou, please sign the e:nclO6ed copy of Ihls letter bek1w md refilm it to WI. Should)'Ou have any que$tions regarding our representation.,~ do not hesitate to c:ommnnkate with me. Sincetely, SHULMAN, ROGERS, GANDAL, POIlDY &. ECKER, P.A. By' f10 ~~ ~~ AST/rmb T:032406 I Enclosure: Attomey/Client Agreement APPROVED AND AC(''EfTED; CounteTSigaed: CITY OF CLEARWATER, FLORIDA Frank V. Hibbard Mayor Approved As To Form: Attest: Laura Lipowski Assistant City Att017t8')1 Cynthia E. Goudeau City Clerk V4/ZIIVD lZ:l~ tAA -,. -~ - --- ItJ UU4 SHULMAN, ROGERS, GANDAL, POlIDya ECKER, PA. RiIIiMr Polin SlmlDlftD. RDgcrs. Gandal, pordy .t Ec:br. fA provides diems with timely detailed statemems for~ IC:I"IiceI pedOrme.d aDd OUl-of-pocket cx:peoses iDcmred.BiDs are typiea1Iy ~ IDOIlthjy IDlI ueduc: and payable upon rcecipt However" the firm recogJIizes thai: the projed. whiell is ~ Abject of tis ~~ a fU..bming Apcmentwith Nextel Commuoiadions.lDc:. ("Neltelll) may resuJtiD the payment by Nextd or the aoo MHz Tl1I1sition Admiuisttatm (Vf A") of ~ fees at the conclusion of the project and may resWt in the Firm rendering bills at cenaia mi~ in the project. In such aD t:YeDt, the Fum wiD waive its normal policy, aDd expectalt fees to~pIIid by 1bc CityofCleanvala'j~Jyupon receipt bytbe City of compensaIioD from Ncdd or the TA.. Altemativdy, 'the City of aea.wa1a may, at its own discretion. elect to have the F"um"s C01DpCOS8l'ioD paid direcdy to the rum by Nextel or the TA. The Finn wiD .l the risk ofpaymeot or rdmbu:t!emeot offees through NextellIDdlor the TA. HDWeVel. if. aspart~the ~;you.ast US to perfonn work 00 ,oorbehalfwbidJ 'We . . . U,Jfl.lfVO J.Z:liJ I'A.A tIJ UO~ -..--..---- Eaeh statement rdlcds sertices~'" aD outoof-pocb::texpo:ases inc1med through the end of 1llo: biIIiog period. ~ _ ...... '" ""'" - tdqlboole calls. telecopyi.Dg, duplicatioa. '. sc:c:nDtial serriccs, ~ cIeliver:ies. OU-B ~ charges, uave1 ~-'.. fiIiDs'" ra:onting fees. Ia the eYa1t that an attomcymust travel out oftbe WasbiDpn. D.C. ~1itanaree, clients are billed for actual time worked subjca to a minimum ofsew:n hours pcr~ ~cadJ full day awayfiom the office. ioc1udiag actuaI1raYel time. However. aavd time wilhili the Washiapm, D.C. metrOpOlitan area is bil1cd OIl the basis of the aetUalttawl time involved., Failure to n:c;eive pa~ for any bill bytbc siXtieth day aftetec;e;pt wiD otdiDarilylC$Ull in a diy.nnt1~ oflega1 ~ (or in tbis case. sixty days after the. TA issues a cbarp order for payment). The Firm will DOttbowevcr. diJron~~ services witbout gi'riDgthe ctiCDt-aotice ofsuc:h intended di.votdi~. The Film will JQIFSt 0Ibr:r oouaseJ, allowing n:uoaabJe time for the client to employ odIcr coun$et; ddiva' all pIpCIS .. property to whkh the clic:nt is entitled and which die firm is obIiptcd tb deliver; ClOOpCI'IIIewithcouosel subscqucDdyem.pIo,ed; and otbcrwise endeavor to assure that the ~s ease win not be pn;udical by the discontmwmcc. ItisfUrtbcr~tbIIl,~ TA's(orNex1el's)payment oftbe F'mn's fees, the Finn is aaiDg solely OR;our bebaIf IUd doe$ DOt .~-4 either the TA aDdIor Nextel in this matter. De TAu servina~ in. fiduciaty capacity. and will release fonds to theYmn only with your expras consent and acf.ording to the temlS of1bc Re-tmJe Agreement. CoonxI RPI- J:: it - ...... or <lIrItIllly m......... doriDg 1llo: life of 1his Agrc:cmcPI. profes&ional' fly iosuranc:c in III amomJl ill c.uc:ss ofSl.ooo,OOO. nis provision shall survive tile ~ ofdais Agreement. I I ~"-'.tio, ill ~~ Weare DOt preseat1y awareofanypotelJtiaJ conflicts of interest that would or m&.J iPtcrfcre with our full mpresentation of your interests on tbordJanding project. ~. as you t*ow.~ R.os= is areJativel, Jarse fimI, and we xepeseDt many other conc:ems and ~ Consequemly. b is poaibJe that cIwiBa the time tbat we are representing you, some of obrJRSCDt or fUture cliedts witt haw disputes or tI~ with you. 1."heIefore, we ~ that you. by sigDiDg the enga&emeat letter. agree that the Finn may continue to .repe5ent' dieots, 01' may undertab in the fl:duteto l~lesent new clients. in any matter that is DOt Idu:d to our work for you, even if the ~ of such dients in those other maI:lersase 01' be adveJseto your intc:rescs. We asree. however. that your consent to such possible coaftica sIJaIl apply in any iDsaaoee. where, 1811M:: result of our rcpesenlalion of you. we bave ob1ained Ul iDfoJmation that, ifkoown 10 any otberclicnt of om. could be used by that client to your bstantia1 disadvantage. I Specifically, you :t::.cdgc and accept by siFinl this ~ letter that the Finn represeDts seYera1 comm. ." lDdIor public safety lrIde MllI)ciatioos 8Dd iDdivi&al FCC licensees whose rcpJatoryl.nd poIky interesIs may now or in the fu1we be advmc to your own general intereslS as an FCC Ucensee. Becauc our representation of you in this matter is specifically limited to the ncaoUatKm, ~ aud CftVlIln'lnudion of an ....o,priate systcmmkation asreement with Ncxtel, you hereby ~ waive such poteD1ial.CODflicts without fUrfber notice by the Finn lOyo1.1. , I valllfOB ll:1a YAA _. --~_..,---- 11.I0011 fa thcevent 1bat. diJect, $pecifie OOIlftid sbould~ we _ reserve.. right, in the counle of our ~"PoseaRtioa.to limit the.scopI ofourkpl semccsm. ordtrto __ ..... coaftiet. or. jf nccessuy. towdbcDwhmthecucCll'tat.eo8a....JlI_~ a8erhPinJmedcsufticieat efforts to assure":you. wiII~ to be iaDy rqn~. lQ m ~ "~f L.._ You may 1I!rrQjo* oureap.... with or without cause at any time 0Il1lW'iUea DOticc to QS. T~ of our se.rviccs will DOt a8"ect)'OUr 1~bi1ity to pay for 1epI saviecs readcmI or to suhmit Yam iDvoices to 1bc T A, _ aU expaases hlcumd tbrou&h ChcdatfJ weteceiYe notice ofteDniDltioD. You wiIlberequircd to plY for., further work requin:d ofus to c:my out _ 0JderIy tumowI of lDaU1eD in proc:eI$ at the time: of tennjQMinn. We ma,taDJiDateour~ fOraayoftheRl8SOD$ pemitledUDdertbe applicable rules ofprofcssioaal coDlh1ct These iDcIude mi~ of (or failure to disclose) material facts, action Iakea cootl.,1 to our advice, _ ~to pay our biDs oatime. We may also teImi.DIIIc our etl~foJaoyo1bcr c:oraduaorsilu8ticla tlult,iDour~ impairs ~_c:.fi'ecbve attomey-climt re1atiombip "eM us. or that paaa.......fJidswith our professioaaJ responsibilities. We may n=quest you to sip a stipulation or audt.orizatioa ano...m,us to withdraw as yoarattomcyiDmy judicial. arbitxa1ioaorsimilapl'OC'fO'fOt!lD& in'Wbicb CMl'llyonbcreby *&fee in advance to our withdrawal This ~em sbaU be Wtefpreted, constr'ufd aDd govemcd by and UDder the laws of the Stale of Maryland _aay ae6oahcrcuDdcrOJ ~ussbaU be broughtoalyiDthc CinnJitCourt for MODtgOmeIy County. Maryland or the District Out for ~ CoUDlJ. MaqJaod. .. .. ~ng-d JlS) ~ City Council u~ _",_ Ager.!~a Co~~! MemorC!!!"dum Tracking Number: 1,982 Actual Date: 04/20/2006 Subject / Recommendation: Approve the Cooperative Funding Agreement with the Southwest Florida Water Management District (SWFWMD) for the Clearwater Reclaimed Water Meter Retrofit Project which provides reimbursement of project costs up to $825,000 of the total estimated project cost of $1,650,000 and that the appropriate officials be authorized to execute same. (consent) Summary: This item is a continuation of the development of an expanded reclaimed water system in the City of Clearwater. The goal of this and all other reclaimed water projects is to reduce the amount of potable water and groundwater being used for irrigation and other non-potable uses. In addition, expansion of the Reclaimed Water Distribution System in accordance with Reclaimed Water Master Plan brings the City of Clearwater closer to achieving zero-discharge of effluent to Tampa Bay and adjacent surface waters.' This project consists of retrofitting approximately 3,300 existing City of Clearwater reclaimed water customers with individual meters. This retrofitting is intended to promote and encourage the efficient use of reclaimed water, increase the availability of reclaimed water and enable future reclaimed water projects that will offset potable water use. The work is to be completed by December 31, 2007 as per the agreement but it is the intent of the City to complete the majority of the work prior to October 1, 2006 when the volume based rate structure for reclaimed water customers goes into effect. The Cooperative Funding Agreement between the City and SWFWMD includes reimbursement of up to 50% of the cost of any necessary design, and/or purchase costs for the Meter Retrofit up to a maximum of $825,000. The City's estimated share of these project costs is $825,000. Revenue budget for this agreement has already been approved in the Capital Improvement Program project, 0315-96739, Reclaimed Water. There is no cost to the City associated with the SWFWMD Agreement. A copy of the agreement is available for review in the Official Records and Legislative Services department. Originating: Engineering Section Consent Agenda Category: Agreements/Contracts - with cost Number of Hard Copies attached: 2 Public Hearing: No Financial Information: Other Contract? ater City Council __,.~.~ Co~!,,!-1~mor~.ndum Grant Agreement Review Approval Glen Bahnick 03-15-2006 15:37: 19 Leslie Douaall-Sides 03-21-2006 11 :44:05 Bill Horne 04-07-2006 14:52: 14 Michael Ouillen 03-15-2006 15:55:20 Cvndie Goudeau 04-07-2006 15:03:54 Tina Wilson 03-16-2006 09:52:24 Garry Brumback 04-06-2006 12:29:31 Rs~ En.s-Cl llS~ AGREEMENT NO. 06C00000059 COOPERATIVE FUNDING AGREEMENT BETWEEN THE SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT AND THE CITY OF CLEARWATER FOR THE CLEARWATER RECLAIMED WATER METER RETROFIT PROJECT (L402) THIS COOPERATIVE FUNDING AGREEMENT is made and entered into by and between the SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT, a public corporation of the State of Florida, whose address is 2379 Broad Street. Brooksville, Florida 34604-6899, for itself and on behalf of the Pinellas-Anclote River Basin Board, hereinafter collectively referred to as the "DISTRICT," and the CITY OF CLEARWATER, a municipal corporation of the State of Florida, whose address is 112 S. Osceola Avenue, Clearwater, Florida 33765, hereinafter referred to as the "CITY." WITNESSETH: WHEREAS, the CITY proposed a project to the DISTRICT for funding consideration under the DISTRICT'S cooperative funding program; and WHEREAS, the project consists of retrofitting approximately 3,300 existing CITY reclaimed water customers with individual meters; and WHEREAS, the DISTRICT considers the PROJECT worthwhile and desires to assist the CITY in funding the PROJECT. NOW THEREFORE, the DISTRICT and the CITY, in consideration of the mutual terms, covenants and conditions set forth herein, agree as follows: 1. PROJECT MANAGER AND NOTICES. Each party hereby designates the employee set forth below as its respective Project Manager. Project Managers will assist with PROJECT coordination and will be each party's prime contact person. Notices and reports will be sent to the attention of each party's Project Manager by U.S. mail, postage paid, to the parties' addresses as set forth below: Project Manager for the DISTRICT: Anthony Andrade Southwest Florida Water Management District 2379 Broad Street Brooksville, Florida 34604-6899 Project Manager for the CITY: Jerry Wells City of Clearwater P.O. Box 4758 Clearwater, Florida 33756-4758 Any changes to the above representatives or addresses must be provided to the other party in writing. Page 1 of 7 1.1 The DISTRICT'S Project Manager is hereby authorized to approve requests to extend a PROJECT task deadline set forth in this Agreement. Such approval must be in writing, explain the reason for the extension and be signed by the Project Manager and his or her Department Director, or Deputy Executive Director if the Department Director is the Project Manager. The DISTRICT'S Project Manager is not authorized to approve any time extension which will result in an increased cost to the DISTRICT or which will exceed the expiration date set forth in Paragraph 4, Contract Period. 1.2 The DISTRICT'S Project Manager is authorized to adjust a line item amount of the Project Budget contained in the Scope of Work set forth in Exhibit "B" or, if applicable, the refined budget as set forth in Paragraph 3.1 below. The adjustment must be in writing, explain the reason for the adjustment, and be signed by the Project Manager, his or her Department Director and Deputy Executive Director. The DISTRICT'S Project Manager is not authorized to make changes to the Scope of Work and is not authorized to approve any increase in the not-to-exceed amount set forth in the funding section of this Agreement. 2. SCOPE OF WORK. Upon receipt of written notice to proceed from the DISTRICT, the CITY agrees to perform the services necessary to complete the PROJECT in accordance with the Special Project Terms and Conditions set forth in Exhibit "A" and the Scope of Work set forth in Exhibit "B." Any changes to this Scope of Work and associated costs, except as provided herein, must be mutually agreed to in a formal written amendment approved by the DISTRICT and the CITY prior to being performed by the CITY, subject to the provisions of Paragraph 3, Funding. The CITY will be solely responsible for managing the PROJECT; including the hiring and supervising of any consultants or contractors it engages in order to complete the PROJECT. 3. FUNDING. The parties anticipate that the total cost of the PROJECT will be One Million Six Hundred Fifty Thousand Dollars ($1,650,000). The DISTRICT agrees to fund PROJECT costs up to Eight Hundred Twenty Five Thousand Dollars ($825,000) and will have no obligation to pay any costs beyond this maximum amount. The CITY agrees to fund PROJECT costs up to Eight Hundred Twenty Five Thousand Dollars ($825,000) and will be responsible for all costs in excess of the anticipated total PROJECT cost. The CITY will be the lead party to this Agreement and pay PROJECT costs prior to requesting reimbursement from the DISTRICT. 3.1 The DISTRICT will reimburse the CITY for the DISTRICT'S share of the PROJECT costs in accordance with the Project Budget contained in the Scope of Work set forth in Exhibit "B." The CITY may contract with consultant(s) or contractor(s) or both in accordance with the Special Project Terms and Conditions set forth in Exhibit "A." Upon written DISTRICT approval, the budget amounts for the work set forth in such contract(s) will refine the amounts set forth in the Project Budget and be incorporated herein by reference. The DISTRICT will reimburse the CITY for 50 percent of all allowable costs in each DISTRICT approved invoice received from the CITY, but at no point in time will the DISTRICT'S expenditure amount under this Agreement exceed expenditures made by the CITY. Payment will be made to the CITY in accordance with the Local Government Prompt Payment Act, Part VII Page 2 of 7 of Chapter 218, Florida Statutes (F.S.), upon receipt of an invoice, with the appropriate support documentation, which will be submitted to the DISTRICT no less often than quarterly, and not more frequently than monthly at the following address: Accounts Payable Section Southwest Florida Water Management District Post Office Box 1166 Brooksville, Florida 34605-1166 3.2 The Project Budget includes any travel expenses which may be authorized under this Agreement and reimbursement will be paid in accordance with Section 112.061, F.S., as may be amended from time to time, and District Procedure 13-5, attached hereto as Exhibit "C." 3.3 The CITY will not use any DISTRICT funds for any purposes not specifically identified in the above Scope of Work. 3.4 Each CITY invoice must include the following certification, and the CITY hereby agrees to delegate authority to its Project Manager to affirm said certification: "I hereby certify that the costs requested for reimbursement and the CITY'S matching funds, as represented in this invoice, are directly related to the performance under the Clearwater Reclaimed Water Meter Retrofit Project (L402) agreement between the Southwest Florida Water Management District and the City of Clearwater (Agreement No. 06C00000059), are allowable, allocable, properly documented, and are in accordance with the approved project budget." 3.5 The DISTRICT will have no obligation to reimburse the CITY for any costs under this Agreement until installation of the meters has commenced. 3.6 The DISTRICT'S performance and payment pursuant to this Agreement is contingent upon the DISTRICT'S Governing Board appropriating funds for the PROJECT. 4. CONTRACT PERIOD. This Agreement will be effective as of October 1, 2005 and will remain in effect through December 31,2008, unless terminated pursuant to Paragraph 8 below, or amended in writing by the parties. 5. PROJECT RECORDS AND DOCUMENTS. Each party, upon request, will permit the other party to examine or audit all PROJECT related records and documents during or following completion of the PROJECT. Each party will maintain all such records and documents for at least three (3) years following completion of the PROJECT. All records and documents generated or received by either party in relation to the PROJECT are subject to the Public Records Act, Chapter 119, F.S. Page 3 of 7 6. REPORTS. The CITY will provide the DISTRICT with copies of any and all reports, models, studies, maps or other documents resulting from the PROJECT. 7. LIABILITY. Each party hereto agrees to indemnify and hold the other harmless, to the extent allowed under Section 768.28, F.S., from all claims, loss, damage and expense, including attorney fees and costs and attorney fees and costs on appeal, arising from the negligent acts or omissions of its officers, employees, contractors and agents related to its performance under this Agreement. This provision does not constitute a waiver of either party's sovereign immunity under Section 768.28, F.S. or extend either party's liability beyond the limits established in Section 768.28 F .S. 8. DEFAULT. Either party may terminate this Agreement upon the other party's failure to comply with any term or condition of this Agreement, as long as the terminating party is not in default of any term or condition of this Agreement. To initiate termination, the terminating party must provide the defaulting party with a written "Notice of Termination" stating its intent to terminate and describing all terms and conditions with which the defaulting party has failed to comply. If the defaulting party has not remedied its default within thirty (30) days after receiving the Notice of Termination, this Agreement will automatically terminate. 9. RELEASE OF INFORMATION. The parties agree not to initiate any oral or written media interviews or issue press releases on or about the PROJECT without providing advance notices or copies to the other party. This provision will not be construed as preventing the parties from complying with the public records disclosure laws set forth in Chapter 119, F.S. 10. DISTRICT RECOGNITION. The CITY will recognize DISTRICT and Basin Board funding in any reports, models, studies, maps or other documents resulting from this Agreement, and the form of said recognition will be subject to DISTRICT approval. The CITY will provide signage at the PROJECT site(s) that recognizes funding for this PROJECT provided by the DISTRICT and the Basin Board. All signage must meet with DISTRICT written approval as to form, content and location, and must be in accordance with local sign ordinances. 11. PERMITS AND REAL PROPERTY RIGHTS. The CITY must obtain all permits, local government approvals and all real property rights necessary to complete the PROJECT prior to commencing any construction involved in the PROJECT. The DISTRICT will have no obligation to reimburse the CITY for any costs under this Agreement until the CITY has obtained such permits and rights and construction has commenced. 12. LAW COMPLIANCE. Each party will comply with all applicable federal, state and local laws, rules, regulations and guidelines, related to performance under this Agreement. 13. COMPLIANCE WITH DISTRICT RULES & REGULATIONS. If the PROJECT involves design services, the CITY'S professional designers and the DISTRICT'S regulation and projects staff will meet regularly during the PROJECT design to discuss ways of ensuring that the final design for the proposed PROJECT technically complies with all applicable DISTRICT rules and regulations. Page 4 of 7 14. DIVERSITY IN CONTRACTING AND SUB-CONTRACTING. The DISTRICT is committed to . supplier diversity in the performance of all contracts associated with DISTRICT cooperative funding projects. The DISTRICT requires the CITY to make good faith efforts to encourage the participation of minority- and woman-owned business enterprises, both as prime contractors and sub-contractors, in the performance of this Agreement, in accordance with applicable laws. 14.1 If requested, the DISTRICT will assist the CITY by sharing information to help the cooperator in ensuring that minority- and woman-owned businesses are afforded an opportunity to participate in the performance of this Agreement. 14.2 The CITY agrees to provide to the DISTRICT, upon final completion of the PROJECT, a report indicating all contractors and sub-contractors who performed work in association with the PROJECT, the amount spent with each contractor or sub-contractor. and whether each contractor or sub-contractor was a minority- or woman-owned business enterprise. If no minority- or woman-owned business enterprises were used in the performance of this Agreement, then the report shall so indicate. 15. ASSIGNMENT. No party may assign any of its rights under this Agreement, including any operation or maintenance duties related to the PROJECT, voluntarily or involuntarily, whether by merger, consolidation, dissolution, operation of law, or any other manner without the prior written consent of the other party. In the event of any purported assignment of rights in violation of this section, the parties agree that this Agreement shall terminate and is void. 16. SUBCONTRACTORS. Nothing in this Agreement will be construed to create, or be implied to create, any relationship between the DISTRICT and any subcontractor of the CITY. 17. THIRD PARTY BENEFICIARIES. Nothing in this Agreement will be construed to benefit any person or entity not a party to this Agreement. 18. LOBBYING PROHIBITION. Pursuant to Section 216.347, F.S., the CITY is hereby prohibited from using funds provided by this Agreement for the purpose of lobbying the Legislature, the judicial branch or a state agency. 19. PUBLIC ENTITY CRIMES. Pursuant to Subsections 287.133(2) and (3), F.S., a person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal. or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, F.S., for Category Two, for a period of 36 months following the date of being placed on the convicted vendor list. CITY agrees to include this provision in all subcontracts issued as a result of this Agreement. Page 5 of 7 20. DISCRIMINATION. Pursuant to Subsection 287.134(2)(a), F.S.. an entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity. CITY agrees to include this provision in all subcontracts issued as a result of this Agreement. 21. ENTIRE AGREEMENT. This Agreement and the attached exhibits listed below constitute the entire agreement between the parties and, unless otherwise provided herein, may be amended only in writing, signed by all parties to this Agreement. 22. DOCUMENTS. The following documents are attached and made a part of this Agreement. In the event of a conflict of contract terminology. priority will first be given to the language in the body of this Agreement, then to Exhibit "A," then to Exhibit "C," and then to Exhibit "B." Exhibit "A" Exhibit "B" Exhibit "C" Special Project Terms and Conditions Scope of Work District Travel Procedure 13-5 The remainder of this page intentionally left blank. Page 6 of 7 IN WITNESS WHEREOF, the parties hereto, or their lawful representatives, have executed this Agreement on the day and year set forth next to their signatures below. SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT By: David L. Moore, Executive Director Date CITY OF CLEARWATER By: Frank Hibbard, Mayor-Commissioner Date By: Bill Horne, City Manager Date Approved as to form: '12 7J 7; // . ! ~~k<"l I\./r- A~'jr.. City Attorney / / Attest: By: Cynthia E. Goudeau, City Clerk Date COOPERATIVE FUNDING AGREEMENT BETWEEN THE SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT AND THE CITY OF CLEARWATER FOR THE CLEARWATER RECLAIMED WATER METER RETROFIT PROJECT (L402) DISTRlCT APPROVAL INITIALS LEGAL I RlSKMGMT tV. CONTRACTS RC& DDEPT DIR . DEPUTY EXEC DIR , GOVERNING BOARD ~ .~ , ,( -( ~-i;' (ilIA af.l , Page? of? AGREEMENT NO. 06C00000059 EXHIBIT "A" SPECIAL PROJECT TERMS AND CONDITIONS 1. CONTRACTING WITH CONSULTANT. The CITY may engage the services of a consultant(s), hereinafter referred to as the "CONSULTANT," to assist the CITY in purchasing the meters and appurtenances necessary to complete the PROJECT in accordance with the Scope of Work attached as Exhibit "B." However, DISTRICT funds will not be used for CONSULTANT services and will only be utilized for the purchase of meters and required appurtenances. The CITY. will be solely responsible for administering the contracts with the CONSULTANT. 2. APPROVAL OF BID DOCUMENTS. The CITY must obtain the DISTRICT'S written approval of all meter and appurtenance bid documents prior to being advertised or otherwise solicited. The DISTRICT will not unreasonably withhold its approval. The DISTRICT'S approval of the bid documents does not constitute a representation or warranty that the DISTRICT has verified the architectural, engineering, mechanical, electrical, or other components of the documents, or that such documents are in compliance with DISTRICT rules and regulations or any other applicable rules, regulations, or laws. The DISTRICT'S approval will not constitute a waiver of the CITY'S obligation to assure that the purchased meters and appurtenances perform according to industry standards. The CITY will require their design professional to warrant that the appurtenances are adequate for installation of the meters. 3. ADOPTION OF VOLUMETRIC RATES-FINAL DESIGN REPORT AND APPROVAL. The CITY must provide the DISTRICT with a final design report. The final design report must clearly evidence the CITY'S intent for the future adoption of volumetric rates. The adoption of volumetric rates for all customers is required within one year of the completion of the last meter installed as part of this PROJECT. The rates shall be designed with the intent to encourage reclaimed water efficiency. The final report must clearly evidence that the PROJECT will maximize reclaimed water efficiency. The CITY must obtain the DISTRICT'S approval of the final design report prior to submitting the first reimbursal request. The DISTRICT will not unreasonably withhold its approval. 4. INSTALLATION OF METERS. The CITY will be solely responsible for the installation of all meters and appurtenances necessary for the completion of the PROJECT. DISTRICT funds will not be utilized for the meter installation, as CITY staff will accomplish installation. 5. COMPLETION DATES. The CITY will commence installation of meters no later than December 31, 2005, and will complete all meter installations within 24 months of the commence date. However, in the event of any national, state or local emergency which significantly affects the CITY'S ability to perform, such as hurricanes, tornados, floods, acts of God, acts of war, or other such catastrophes, or other man-made emergencies beyond the control of the CITY such as labor strikes or riots, then the CITY'S obligation to complete said work within aforementioned time frames will be suspended for the period of time the condition continues to exist. This will be the CITY'S sole remedy. Page 1 of 2 6. PROJECT COORDINATION. The CITY will keep the DISTRICT advised at all times during the course of the PROJECT. The CITY will provide the DISTRICT'S Project Manager with advance notice of all PROJECT meetings with the CONTRACTOR, and regulatory agencies and will copy the DISTRICT'S Project Manager on all pertinent PROJECT related correspondence. The CITY will provide the DISTRICT'S Project Manager with updated construction schedules. The CITY will provide the DISTRICT'S Project Manager written bi-monthly status reports seven calendar days prior to January 1, March 1, May 1, July 1, September 1, and November 1, of each year through out the term of the Agreement. 7. EDUCATION PROGRAM AND APPROVAL. The CITY will continue its customer education program promoting the efficient use and conservation of reclaimed water throughout the term of this Agreement and any amendments thereto. The CITY must obtain the DISTRICT'S approval of all new or revised educational material prior to proceeding with implementation of the PROJECT. The DISTRICT will not unreasonably withhold its approval. 8. RECLAIMED WATER METERING EFFICIENCY REPORT. The CITY must submit a report, three years after PROJECT completion, documenting the effect of individual metering on reclaimed water use efficiency. The report will show the average annual daily flows three years previous to and three years after completion of reclaimed water meter installation, and the number of active reclaimed water customers during this time frame. The CITY will obtain the DISTRICT'S approval of the report before the report is finalized, and the DISTRICT will not unreasonably withhold its approval. This provision will survive the term of this Agreement. The remainder of this page intentionally left blank. Page 2 of 2 AGREEMENT NO. 06COOQOOQ59 EXHIBIT "B" SCOPE OF WORK RECLAIMED WATER METER RETROFIT PROJECT (L 402) 1. TYPE OF PROJECT: This PROJECT is a retrofit of approximately 3,300 existing CITY reclaimed water customers with individual meters. The approximate 3.300 meters will be installed in areas constructed prior to October 1, 2004, since the CITY'S residential and commercial reclaimed water projects installed subsequent to October 1, 2004 include the installation of individual meters. 2. PROJECT GOALS: The PROJECT, when completed, will serve the following objectives: a. Promote and encourage the efficient use of reclaimed water. b. Increase the availability of reclaimed water and enable future reclaimed water projects that will offset potable quality water use. 3. PROJECT DESCRIPTION AND TASKS: a. Detailed location maps are attached as Figure 1 and Figure 2, (pages 5 and 6). b. There are approximately 3,150 residential customers and approximately 150 commercial customers in the PROJECT. DISTRICT funds will only be used to purchase approximately 3,300 reclaimed water meters and appurtenances for the PROJECT. c. The CITY Council has established October 1, 2006 as an effective date to begin charging a volume-based rate structure on all reclaimed water customers. The following City of Clearwater Ordinance states the new rates and when they will be effective. Section 7. Appendix A, Article XXV. Public Works- Fees, Rates. And Charges. (3) (f) Reclaimed Water Rates, Clearwater Code of Ordinances, as amended by City of Clearwater, Florida Ordinance No. 6587. e. The CITY will be solely responsible for the coordination of all work associated with the design and installation of the approximate 3,300 reclaimed water meters. There will be no DISTRICT funding of the design or the installation of reclaimed meters or appurtenances. as CITY staff will do all installations. f. The PROJECT is located in the Northern Tampa Bay Water Use Caution Area (NTBWUCA). g. Reclaimed water rates will be designed with the intent to encourage reclaimed water efficiency. Page 1 of 6 4. DEMONSTRATION OF NEED: a. The PROJECT will optimize the management of water and water-related resources by increasing the efficiency of reclaimed water supply for irrigation and offsetting potable water and ground water use in the CITY. Furthermore, the PROJECT will enable the CITY to increase its reclaimed water customer base to further reduce treated effluent discharge to Tampa Bay. b. The PROJECT will help meet the DISTRICT'S priorities in reducing the demand on the region's potable water supply and continuing its Intergovernmental Coordination Focus. c. DISTRICT resources will be utilized by assisting the CITY in purchasing meters and appurtenances necessary to meter customers. d. The PROJECT is identified in the CITY'S Capital Improvement Program (CIP) on the schedule of planned CIP expenditures. 5. MEASURABLE BENEFITS: The amount of reclaimed water savings per customer is estimated to be 369 gallons per day (gpd), based on an average un-metered residential use in Clearwater in 2003 of 969 gpd, and the average metered residential use of abut 600 gpd in the Tampa Bay area. Actual reclaimed water savings, (residential and commercial) will be reported in the required reclaimed water metering efficiency report, due 3 years post construction, but are expected to be dependent on individual preferences and the established volumetric rates. The total reclaimed water saved is estimated at 1.2 million gallons per day (mgd). Commercial savings have not been quantified however they will be reported in the 3-year post construction report. The PROJECT is consistent with the NTBWUCA Management Plan. The long term benefits that can be derived from this PROJECT include: . An increase in the efficiency of reclaimed water utilized by the CITY residents for irrigation; . An increase in the amount of reclaimed water available to be used by future customers; and . Reclaimed water will be available to more residents providing for increased offset of traditional sources. 6. DELlVERABLES: The PROJECT deliverables by CITY staff are the installation of meters and appurtenances necessary to retrofit approximately 3,300 existing reclaimed customers. The volume-based rate structure on all reclaimed water customers will be effective beginning October 1, 2006, with the intent to encourage reclaimed water efficiency. The following City of Clearwater Ordinance states the new rates and when they will be effective. Section 7. Appendix A, Article XXV, PUBLIC WORKS - FEES, RATES AND CHARGES, (3)(f) Reclaimed Water Rates, Clearwater Code of Ordinances, as amended by City of Clearwater, Florida Ordinance No. 6587. Page 2 of 6 7. PROJECT BUDGET: TOTAL CITY DISTRICT PROJECT DESCRIPTION PROJECT COST PORTION PORTION Meters & Associated $1.650.000 $825,000 $825,000 Appurtenances TOTAL $1,650,000 $825,000 $825,000 The DISTRICT portion of this PROJECT is no more than $825,000. The CITY'S share of the PROJECT cost is at least $825,000, which will be paid from the existing Water and Sewer Enterprise funds, including revenues from the sale of reclaimed water. Design Commence: Meter Acquisition & Installation Commencement: Installation Completion: Agreement Closeout: July 1, 2005 Not DISTRICT Funded October 1 , 2005 December 31, 2007 December 31, 2008 8. IMPLEMENTATION: The CITY will be responsible for implementing this PROJECT. The CITY will utilize its reclaimed water Engineer Consultant to design the systems and CITY staff will construct the PROJECT. DISTRICT funds will only be used to purchase meters, meter boxes, and required appurtenances. Staff time will not be included or paid for by the DISTRICT. 9. KEY PERSONNEL: The CITY'S contacts with the DISTRICT will be: Jerry Wells City of Clearwater P.O. Box 4748 Clearwater, Florida 33756-4748 (727) 562-4960 Andy Neff, P.E. City of Clearwater P.O. Box 4748 Clearwater, Florida 33756-4748 (727) 562-4960 10. ADDITIONAL INFORMATION The CITY is continuing their commitment to the efficient use of reclaimed water and the conservation of the potable water supply. This is being accomplished through public education programs, daytime watering restrictions, requiring property owners to discontinue irrigating with potable water when reclaimed water is available, and the installation of individual meters in addition to master meters on subdivisions. The meter retrofit project is only for approximately 3,300 residential and commercial reclaimed water customers hooked-up before the metering policy was Page 3 of 6 initiated. The CITY has developed a public education and information program. The objectives of the program are to inform its residents of the value of reclaimed water in terms of conservation of potable supplies, and to encourage property owners adjacent to reclaimed water lines to accept the reclaimed water service for the efficient irrigation of their properties. The CITY'S program has the following elements: As of October 1, 2006 the rates for reclaimed water service will start at $15.08 availability plus $0.47 per 1,000 gallons used. City of Clearwater Code of Ordinances; Reclaimed Water Rates will increase approximately 5.6% for each of the next 3 years. For the Reclaimed Water Customers: a. A specific reclaimed water display at various events throughout the year. b. Articles in newspaper~, mailers, flyers, door hangers, notifying customers of benefits and regulations, including the elimination of daytime watering and day of week irrigation restrictions. c. Update of the CITY'S Reclaimed Water booklet for all residential and commercial customers covering the policies and regulations governing the installation and efficient use of the reclaimed water system. d. The notification of all reclaimed customers, (new and existing) of the new reclaimed water rates, charges, and restrictions. For Potential Customers: a. Neighborhood meetings with presentations by CITY staff on the reclaimed water program. b. Direct contact with potential customers to secure commitments for service. The remainder of this page intentionally left blank. Page 4 of 6 ~~--i~- W~~E ~~ 5 1:::__- .. LEGEND ... - - RECLAIMED LINES UNION STREET AREA L ... _ 1 SERVICE BOUNDARY ~.: < CJ ECi:.Er;oL~' /\P.,;:;['{ DREW STREET AREA ..------- ~ F~n HL .$MCKIM&CREED 1365 H""et ''''lVe ; Clearwater =~~7n4~-i~96, :~~;;9-a:% Fax; (727)461-3827 www.mckirr1cned.com ',,'\':'::O! <, U~j I ~: 1 -f~YLiI~:'iJ: ~; .. ::;iiIIIi .s-.. _ - .iii' _ LtEi"R.!U ~ -:r~;;r, G 'FF" ""'r"" :' ..I:- ~ :;~,c " (;\: -.. - .0'1 I 1 I 1 1 \ _";__, , , -- \.... ~ ~ ; t I I I , 1 1 1 - I I \ \ ._ .."__c;i.... _ - . Date: SEPTEMBER 2005 Pro'eet No,: 0992-0145 RECLAIMED WATER SYSTEM METER RETROFIT PROJECT CITY OF CLEARWATER Figure: 1 Page 5 of 6 N -4t. s .. LEGEND - RECLAIMED LINES .: :. SERVICE BOUNDARY __m___m_'______,___________.__ - - --1 i SUNSET DRIVE AREA I. - . ......- DF~E ST . . H'l~c "~I ~'. .C' 0n I.': :')'( ,"~ I I (, , UN,I",; /;EOF;GiA S" I . I L(UJ :, 'efl".' ;1'. ~; cY F"E"C.;rt- ~ _ J _ _ ""ti'~KL'!'!I',.;;!'!" <'- U', :~ 1:3C1ULD Sl ;, <- , .:-; 9' ...." I ,~, ~;: - ..!~;iJ!llll!lli<L;I!I9Il3-:.-0- ~ < _'~_ , I I I I I i.;CU HARBOR OAKS AREA c__ ~-;:_ .ir.:;,.n ~ - ":;:1 . , . .$.M1<IM&CREED 1365 Hamlet A,,,,,,e : Clearwater ~~7~:j~96, :~ Fax; (727) 461-3827 www.mdl.inc:reed.com RECLAIMED WATER SYSTEM METER RETROFIT PROJECT Date: SEPTEMBER 2005 Pro'eet No,: 0992-0145 CITY OF CLEARWATER Figure: 2 Page 6 of 6 AGREEMENT NO. 06C00000059 EXHIBIT "C" PROCEDURE . . SCllTBWESTFLOlUDA WATEJUfANAGZMENT DlST.RIcr . Tl'ILE: TRAVEL SECTIONIDU , APPllOVED: NUMBER: 13,..5 PAGE: 1 ofl6 '0 & FINANCIALREPORTINGIFINAN<;E . DATE: 08/.30/96 SDPERsEDES. 13;.5 Datcd 06/01l~6 1i1C travel'p'~ for the District shall iollow peraIiy ac:q,tCd ave.l prea:dures for StiUe . . ~e:ls to the eXtent piadicable; andcotnply with the lCgislativc intent of Chapters 112 aDd 373. . Florida Sbtntl"$ . . AUTRORp:y TO JNCUR Tn VEL EXPENSES: Any'travelet of the :Oistrict must be autIicrizcd'm advance. to mcm traVel ~ for the p~~cpuipose thJough a properly ex~ . 'fiavel.A1itbnrl7MiOIi f~ Board Consent Agcndaor Board Policy. . ',. .... PUBLlCPt1RPOSE:. 11ie public pwposc test for bve! is thatitmlist be nec:ssUy to caildud oBldal DlStricthuiDeu.. . AU'1'B;oiu7Jm: ~VEuRS: Any ~ Wbo.:bas.~ed advanc: ~ in ~pliAnr-e WitliBoard Policy 130~5 to inc;n'1ravcl ~ssaly to pcrfotm oiiiC:.id DistriCt business . , .under one oi'thJ?follo~ categOricis: . . . .. C-oVcmingand BaSin BoittlIni:mbc:rs · ExcciitiveDircctor7 Assistant,ExC61tiVe D~r. Deputy EXecutive: DiJ:ectcr$ and. C~cr:d C01JJlllC1:' ..' . .' Employees inaBo~ a.,utfiori:r.cdrcgulat" paI:t4imc or1l:::nporaryposition dcclm:dto be in 1mVcl status. by.their niiCdoi 0it:l1e Imctar's. authorizcdn:prcScntative. . . · Cmdidatcs'~aDmnagCment orprafcssiCmal position. Must be autbori7.ed by ~ D~=t DW:Ctcf. ~CoOrdinatiml:withHimianRcscurc=L' . . . . I!t Jndi.~.~to.ContnDutctimc and scrnc:s as a amsuitant or advisoi Or as lID. aaviSoxy cOmmi~ member.' Must be authori2cd by the ExccUtivc Ifuectcr or A$,~$fJmt &ccntiVe DirectOr or cic:SisU=:. . . ~.RAVEL DAY: A..Period oftwc:ntY':"fo~ (24) hOUlS c~ .of.:four equal quarters aim (6) , hour.n:ach..wbicli shall bca caIcnd:ir day ~midnight to niidtright}. TRAVEL .PERIOD: The period. between ~e time of departure and the tiinc of:rr:tu1i1. A continUous 4avelpericd Cimsists ofa1l "to" and "from" points 1ravc:led ii1 suca:ssiem witbCut a break- inpublic~~sC: '. .., .' I I . PROCEDURE SOllTllWEST FLORIDA. WA.T.ER.HANAGEMENl" DISIRICT T11'LE: TRAVEL sI.;no_~. : A . A.Pl"R.!->~: .l.:JfHA NUMBER: 13-5 PAGE:2af16 OFFICIAL BEADQUARTERS~ This is'the office, field office or locationwhc:rc the traveler is normally asSigned and from whichtllat pei'son pcrfotms the majority of histher duti~ Eacli employee's official headquarters ~. be the same as that qIjcated in the ,m:a marlccd "LOCA,TION:lron hiSIhcr position description, except that: . . . a) The'ofiici~ ~ of an employee located in the field sball be the citY or towuneaicst to. the areaw1=etfu:: majority ofbislhcrWarltis pc::rfcm1cd, or such. other city, town, or area as may ~.. deSignated. by- ~ pistrict proVided that in all caSes. suchd~g;,ationmust be in the best interest ofthc District :ind not fOr the convenience of the C:mployee~ . b) When any 'cmplci~iS ~oned in.my city, town; Or IccaIity fora period' of over 30 continuous warlcdays.suchIOcation'shall bedef'!!J1t".dto be their official headquarterS, andtbcy shall not be allowed per diem or subsistenee aftcrthe said ~od of 30 continuOus wo~ys has elapsed unlesS this period of time is ext~1"li Qy the c:;xpress approval' of the Executive Director or desi . '. , gnce. c) Whc:n mthe bcstintcrcst of the District, employees mayidcntitY their homeaddI'css'as ..point of. . .... lrfor..~~.'- .' ttavd ~Odif".' cd by' .th.cir'. .' .... onthctra. ;Vcl...ati1h. 'orizati. .... .'on ongm ..~ pen. approv . .... supcrv1SOl': . '.' . .. .' . form.', It i$ in.the beSt interest of the DistriCt when the emplOyee's home is neater ~point of . datination. tbanhiSthcr officialhcadquartcrs~ If departure from fumie isf6r~convcDicncc of thcemployc: :mdfurthcr' ftom tJn,.poim. of destination ,than 'the official hc:adqmateIs; the reitnbuxscm= Will be ant.bQdzed far the constmctive distance ftom the' ofiicial1;1cadquarti:ISto thCpomtcfdcstination(tb,C lesserofthc tWo). . . .." " , ; . The.official.~. of GovemiJigand BasinBoarti lIlCD1bet$is ~ han;c .address-BeaM meznllcrs will' be Ieimbmsedhadualro1UUitrlp mileage1rom their home..address to the destination whentravcling On DiStrict business. To ,CstibliSh, the mileage, . Board .inc:m.bers.ma.yprov:idcthe OOQIDCter n:ading,.for.a~.1ripta their xquIar~locatian(s)-fullowing their first~.' to that dcstinatiolL. IfBoardmembcts change their hin:nc addn:ss. dUring .tba:irtem1 in office, the ~c3gc shall. be'coneCtCd by ....~09 a' laa:DlI:nt.odomctcr . .... <iDdicatin.the date ",i.___ occUm:d. . '. . proy~ rep" . rcaamg ..g .~.. . '. ' TRAvEL Alr.rHORIZATION:. This foan must be used by all.' District employees f~ the followUtg ptnposes: . To obtain. authori2aticn to travel and incur travel related expenses (mclUdes tIaining sessions amductcdatothc:r District offices) . To request registIatio~ fee payments . . To request travel' advana:s. I I . . PROCEDURE SOVT.HWEs'.F FLORmA WATD MANAGEMENTDISDUcr NUMBER.:- 13-5 PAGE: 3 of16 "T1TLE:TRA VEL .' . .... SECl'IONIDEP~: ACC~~~ANCIALREPORTJNGJFINANCE APP!~~: . ~. ". ~~~~TE: 08l30~ SUPERSEDES:. 13-5 Dated 06/01196 TRAVEL AUTHORIZATION (COllUnued): GOverning .Board 'members must. use the travel authorization fann for prior approval of llOI1-a~ed travel outside the District inCl1lding attendance at confCl'e%K%S. Or conventio~: All sclledUled travel for (Jove.miDg Board members outSide the District including',attendance at cOnfc:rences or conVcDtiODS rCquires priOr approval through the consent agenda of a ICgUlar monthly Govcming Board mceting~ . Basin, Board mcmbctS must use the tIavel authorization fmm for Prior approval, of aU tIavel (including to GovemiIig B~ meetings) other ~ travel to Basin ~ Consultants' and advisors shall be ~d as traVelerS ofthc District under the temJ.s. of a contract of agreement c:xccuted by the ~tiye DiIector or AssiStaJit. ExccutivcDitCctor. AdvisoIy corimJittee members shall be authorized as ttavelers of the DiStrict by blanket travel. 'authorization with~..lu-d listor aU in.di~, ~1eCtedby theE;ceutWe Di1'c~ toscrvc on that Co~ ,This liSting sh3n be upciated.bythe E%ecutiVe Departmc:rit when members are.' removed or adc:Ie4 tothc list Employment candidates for m.aDagCment or pfofCssional posmous shall. be authOrized astravele:s ~fthc:: District UI1der. a travel authorization !axm prepall:d ,by the Human Resources Depaz:tment representative at the time travel attangements lire made. lhc TravelVouche:r fomiwillalsobe prepared by thtHUinan Resources Department ~incOOjunctianwithtbe typeo! reiJJ1l?~em~t agtee,d. to 'by the ~qi~te. Candidate will be a.sk:ed to .sign the ~orizatiOD and travc:lvoDchcr fonns upon arrival fertile intervicW~ . ,. : Thefonn must dciiI1e the publicpurpcsc and iricludc destination, dates of travel~ mode of transportation.. esrinuln-d cost and !equm:d approval authority sigDawrcs prier to scheduling the. tiaveLThc prc-prfutet.lfur.nmmt be typed or completed in ink. A copy ofttie.fuIly cxccuted Travel AUth0t:i.23tionmu.sibc On 1i1cin the traveler's dcpm:tmcntprior tadqJarturc for all travel PUrposes' aJ1d:n:mafu on.filcf()r1he cum:nt fisca1'yearl'IUs one year. BLANKET nAVEL AUTlIORIZc\.TIO~; . If an .employee travels reguIarlyfor 'work assiernn~~to a particular location Or simiIarloCatiOllS, a ."hmket" ttavel:ulthnri7:lnoo fotm should be eompletccI to cover the cum:nt fiscal year (or n:quired'travel period fer the assigmricnt} and' p~ on Iilcinthc Finmlcc DCpartmcot; The fonnmust be signcdby the traveler and an rcquin:d approval authorities. i PROCEDURE" SOtrIlIW&n"nORIDA WATERMk~AGEMENTDISTIUcr 1'l1LE: TRAVEL . SEC1l0NIDEP~... . . ..' : AC .AP~~VED: LJ~ . NUMBER; 13-5 PAGE: 4 of 16 UNTING &. FINANCIAL REPORTINGIFINANcE . . PA1'E: 0813.0/96 stlPERSEDF& 13-5 Dated 06/0l/96 , BLANKET TRAVEL AUTHORIZATION (conibmed): · The completedtIavel authorization fonnshall uidicatc an "as n=ded" status.. · The white and pink copies oftbC travel authorization fOIIIlmust bc.st1bmitted to the Accounts Payable seCti~ of the FinanccDep;a.'1Jncntforthc F~fiIeofrccotd. ThC yellOw copy must bc~inedin the traveler's department file for the CUl1'CI1t fiScal yearplusone ycarin compliance with the S1ate Retention Schedule. · Each wne a Travel VoUCher is submitted utili7.ing a bI;mket U:avel aUthorization, the traveler mti$t reference the-TA ff:!:f:f#f# on the Travel Voucher fonn. .' A master blanket travel autho:ri2ation may be submitted to cover all locations within the District bOl::n~~es,_ 'although, for regular work assignments outside District bouD.d3rles a' separate "blanket.. travel :mthorl2ation will beteqWred for cad1 specific location:. · BJankcttravelauthorizations dolictindicatc the P9int of origin. The navel voUcher suhmittf"rl for this type of travel will ~eut thcpoint of origin approved by the supervisor. SIGNA'.J."tJREsREQ:unrED FORTRA VEL AUTHORIZATiON: 'l11etra.veler~ sign the forni in iDk 'axid. secure theapproprlatc approval authOrity signatures as indicated . No one may CXC%cise si~ autbcrity fer himsclfar herself; Iathcr, approval ofa higher Icyc10f alithoritymust be obtUncd.. . · 'IRA VELER:. Govcming Boauimcmbcrs (requkcd fer llon-sdiedllledtl'avel outside District inclUding-'conff:rCncesorcCllvenUoDS only) APPROV.AL SIGNATURE REQUIRED; Govemmg Board Cbalrman or Via: Chainnan · TRA VELD: Basin B03ni. mcmbCIS (required. for all. travel including Govcming Board, meetings; not iequii"ed forBasinBOardm=ingS) . APJlROVALSIGNATVREREQUIRED: Basin Board ChaiTmllnEx-ofiicio or (}()veming BoardChaiIman or ViCe. Cbainnan · TRAVELER: . Executive DirectOr (rcqufred for trave!.outside the District boundaries and to attr:nd.amfCrena:s or cOnventions) APPROVAL'SIGNATURE REQUIRED: Governing Board Chairman or Vice Cl,1I1TT1lan · TRAVELER: Assistant Executive Director . ., .. . - I APPROV AI.. SIGNATURE REQUIRED: Executive Director I I PROCEDURE SOt!I'HWEST ~ORIDA. WATERMANAGDIENT DISIIUC! NUMBER: '13~S PAGE: 5 of 16 TITLE: TRAVEL __._ _ _ . '_ SECIlONIDEP'~: ACCO~~_~CIALREPORTINGlFINANCE _ _ ~l!O~ - l..J""'"~ . ~D~n:; 08l30f6 _ . SUPERSEDES: 13-5 D~ 06/01/96 SIqNATURESREQUlRED FOR TRAVEL AUTHORIZATION (continued): '. TRAVELEB.: Deputy Executive Directors, Gencal Co~l and Inspector Gc:rie:ral APPROVAL SIGNATURE REQUIRED: EXecutive Director or Assistant Executive Director · TRA VELD: Attomcys _ APPROVAL SIGNATURE REQUIRED: General Counsel · TRAVELER: DirectoIS , APPROVAL SIGNATUItt REQlJIRED: Deputy ExecUtive DirectorS · TRA~ &ip!oyees (outside the state) APPROVAL SIGNATURE REQUIRED: SupC:visors and Department Directors. andDc:puty -Executive Direclors or Gene%al Counsel; and Assistant Exet:Utive Director or his designee. - · TRAVELER: EmployeeS (within State- outside DistriCt or to conferences or conventions) _ APPROVAL SIGNATURE REQUIRED:. SupervisOrs andpepartmentDirectors andDcputy _ - ExecUtive DirectOIsor Gener.lI Counsel - · TRAVELER: _ EmplOYed (inside Distrlctnoi to~or conventions) APPROVAL SlGNATVREREQmRED: Supc:rvisorS and Department Dircd:ors or designee · ~~R: -Ad~ors and COas~tants .APl'ROV4SIGNATDRE REQUIRED: Deputy Executive Directors · TRAVELER:- AdvisoryCorrimittee Membcs. APPROVAL SIGNATURE REQuiRED: Executive Director-at designee · TRA VEI.ER: _Emplcymcnt Candidates _ APPROVAL SIGNATURE REQUIRED: Department Director after coordination with Human Resources TRAVEL VOUCHER: _A TravelVouchcr fcnn should be completed immediately upon retum iIom a scherl1Jl~ travel period to verify aII'related apcn.ses. A travclvouc1iCr foan must be submitted to Accounts Payable within three working days ofretum' from a travel period when "AdVance Travel Payment" has been received. I . , If no "Advance, Travel Payment" has beet1- received, a travel vouCher form must be submitted to Accounts Pa~le within thirty days ofrctmning from a travel period - - PROCEDURE SOUl'HWESTFLORIDA WATER MANAG:EMENTDISTRICf TITLE: TRAVEL.. . SECTIONIDEP APPROVED: NUMBER:: 13-5 PAGE: 60f16 G &: FINANCIAL REPORTINGIFINANCE. cnvi:J:lATE: 08130/96 StIPERSEDES: 13-5 Datc:d06l0IJ96 ': : TRAVEL VOUCHER (coatfDued.): The l'I'c--prfu:tedtra~e1 voucher f~ must be typed or completed in ink and ~riiation documents (ie~, copies. of travel authari2ation foIm, agenda, registration fonn,. etc.) mustbc attached. Blai1kct travel authcri2ation fut:ms on fil;- 'r; .Finance must be TCferenced on the TIavetVoucher by p[Qviding the TA 1tif:ft#if. . . · Each o~waytrip must be enten:d. on a separate line ofme T:i::ave1 Voucher. The point of origin (from) aDd deS.tination. (to) mustbe indi~tea . · The first "leg" (one-way trip) of travel period must include the actual timcdcparted from the point of origin and ~ last "leg" a/that travel period must show the time returned andlocation of Bnal destination. Hour ofdepartmc and hour of rctum ..3Il? required for. all travel periods. COntinuolis 1J:avelperiodS viouIdrequirc recording the time at the br:gjnning ofthemt ''leg'' ami the time . at compl~on oithe, finalll1cg. n · . CQIlnnnous travel betweenvario~. destinations must be. detailed OD.the.Travel Voucher. Each . "leg" Of~tinlIOUS tIavelWiIl include a point of origin, destination and associa.tedexpIana:ti(JIl ofjmblic putposc., . · Tl1c public PUlpOse requfrcne:ntsmust be defined on the Travel Vouchcrby iDdicatingtopic of a meeting (i::~M~ on SWIM Issues, Meeting with DeputyDircctor)~ type of conference or convention (ie., (iFOA Conference.. A WW A Confc:n:na:). puqxJse of ClI1 event (I.e.. ribbon . cUttiJJg.for $civic: ot]ice). ~ . . Governing ai1d .Basin Board membe:s may elect to'submit Txavel Vouchers quarterly: VlClNlTY:MlLEAGE:, Vicinity mileage represents miles driven after arrival at and dcpartuIc ftomapQ~o.f destination to,ancthcrpoint within the same .cityoilly when ~sary to conduct . official ~ss during thcperiod mQSidezed "vicinityJl ttavcl. Vidnity milcag~mllstbe reported' separately ODthe Tiavel Voucher fOrm and an eXplanatiOn must be inclUded: to justify public pUIpose. Repent. date, destination. public purpose, and . beginning and ending odometer ret'tiinw: (AUtoMiIes Code: "2") on Txavel V ouche: to ~vide the .required documentation. "Odometer Mileage ToIFrom Destination" (Auto Miles Code "3") is not considered vicinity mileage {see AUTO EXPENSES .forreporting~ents). SIGNATURES REQUIRED FOR TRAVEL VOUCHER: The traveler must sign the fozm in fuk and secUre thcaiJpropriatc approval authority sigmtun:s as'indicated. No one may. exerciSe signature authoritY for himSelf or herself. rather, approval of a higlicr level of authority niustbc obtaiDed ~ I I PROCEDURE SOUTllWEST FLORIDA WATER MANAGEMENT DISTRICT . TITLE: . IRA VEL SECTION/DU APPROVED: NUMBER.: -]3-5. PAGE: 7 of 16 G & FINANCIAL REPORTINGIFINANCE. C11VE.DATE: 08/30/9.6 SUPERSEDES: I 3-5 Dated 06/01196 , . SIGNATtJREs REQUIRED FOR T.RA VEL VOUCHEa (eanthlued): · TRAVELER:. GOverning Board aJ1dBasin Board members and E:::cmrtiveDirector APPROVAL SIGNATUREREQUlRED: TIavelerisonly signature Iequircdcxci::pt as stated in the Board Policy when prior approval is required . , . · TRA. VELER:Assistant-EXecutivc Director APPROVAL SIGNA~ REQtTIR:ED: . EXecutive Director · TRAVELER: Deputy ExecUtive Directors, Gencml Ccunseland Inspector Genc:al APPROV ~ SIGNATURE REQUIRED: Assistant Executive Director · TRA VEU:R: Attomc:ys . APPROVAL SIGNATURE REQunmn: Geilaal Counselor Seni9F Supervising Attorneys . . · TRA~ Directors _' , . APPROVAL SIGNATUREREQUlRED: D~uty Excc:wve DirectorS · TRAvELER: EmPloyeeS APPROVAL' SI9NATURE- REQUIRED: Supervisors' and/or Managers and Dcp-dlUllcat DirectOrs Or designee · 'TRAVELER: A~rs'and Consultants .APPROV AL SIGNATUREREQJ]IRED: Deputy Ex=:utive DirectOr · TRAVELER: AdVismy CommittecMcmbcrs' AP'P~OVAL SIGNATURE REQUIRED: Executive Director.or designee - ' , , · . TRAVELER: 'Emplo:YIne:i1t C'.andin~tes .APPROV AL SIGNATURE REQUIRED: DepartInent Directors upOn coordination with HUman Rcsourc:s . ACCOUNT CODING: All travel fmms relating to a: sPccific travel period must bear the same ac::oun1:ing data topropc:rly identify.thctravelc:ts department,.sa:tion, 'public pmpose aDd location ' as weIr as the fimdand~oUnttobc chm:gcd. . I I j PROCEDURE SOUl'liWEST FLORIDA WATER MANAGEMENT DISTRICT NUMBER:- 13-S PAGE: 8ofl6 CLASSES OF TRAVEL: Class A an~ B tl'avel shall inclUde any assignment On official District business away from official hc:adquartca when it is considered reasonable and nec:ssa:ry to stay overnight ind forwmch travel expenses are 'approved. ' , . Class A Continu.Ous travel of24 hours ormorc away from officia1.hcadquarters and away :from home overnight This 15 calcuIatcdbascd On fuur equal quarteIs of six hours each' whiCh shall be a calc:miar day (midnight to midnight). - Class B CAIUinuous ttavel oflcssthat 24 hours which involves ovemight absence fIoIn official: ~.and away ftom home overnight.. This'is calculated based on '6-hour cycles ~g at the hour ofdcp~. Class C Short 01"' day-time ~s whr::e the traveler is not aWay from official, headquarters overnight or when travel ocarrs, during evening hours dUe to special assigllincnt to condUCt District business.. PER DIEM: . (RClates to Class A or B Travel Only) (1)' A flat rate up to SSG per day (Sl2.50 per quartcrday)requiI;ing no receipts for rorimsor meals, or (2) Rc:imburs~t for the actua11odgIng~st for single ocellpancy to be subsrnnn2tjo.if by paidbilIs, .as.well as, the authori2ed ineai allowance ,ri1tcis described below. When: lodging Or tiIca1sare 'Prl)~ atasrate iristitutiOn, ~ . traveler sha1i ~ reimbnrsetf only for the' actnal', exPense o!- lodging or mc3ls notto exceed the maximum allowances. , or" , . , (3) ,Two. or more District employees elc::ting to'sbalc. a room while trawling' under Class, ~ or B' navel Status must elect the same per diem method ,of reimbursement (I) Or (2} as desaibed above. IfreImblmCDicnt option(2)isc1Cctcd,ODly~e 3ctual cost of the room as well as the authori2cdmcal allowances shap be n:imbmSed ' or' (4) Inthe case of foreign travel. the trnveler may chooSe the State per diem rate as stated abQveor thefoieign. travcfPer diem Iateas authorizCdby Section 112.061 (3)( e). Florida StatUteS. To be eligible for per diem or any travel e:tpenSe allowanc:=s. the travel must be authomedbythe appropriate approval ~utborityandmust meet the public purpose requirement. PROCEDURE SOUllIWEST FLORIDA WATER MANAGEMENT DISTlUCT 111U:: TRAVEL SEC1iONIDn-,' APPRoVED: ' NUMBER: 13-5 PAGE: 9 of16 : ACCOUNTING & FINANCIAL REPORTINGlFiNANCE C1"ViE DATE: 0813~96 SUPERSED~: 13-5 Dated 06101/96 .MEAL~OWANCE RATES: (Re1ate.s to Class C Travel) J;o Receive P:1ymept "Foro Must Depart Prior TQ: Must RetUrn' After Allowance Brea1dast Lunch Dinnc:t 6 a:m. 12 noon 6 p.m. 8 a.m. 2p.m. 8p.m. $3 $6 $12 Meal alIowanci:s will be paid to persons in Class C Tra'9'cl sta1us when participating in schedil1cd ' public meetings, seininars.worlcshops,' specia1,asSignments or other official business wlrlCh occua outside the IlQm121' work assigmncnt ofa traveler. ' ' Field staff~only recci~e)l1Cal,alloWance(s) when'~ assiginnentrequircs overtinie status si:Dc= thcinioxmal wOIk assignment is "in the ficld.'. , ' , ' Tn co~liaI= "yith.1ntemal Revenue service. Publication 15, Circular E, Employer'$ Tax Guide, Class C meal allowance reimburseincnts aic: subject to eonsidcriuion as inCome for,taX pmposes. ' When. a cO~ce 0{ conventiOn registration f= includes Iru:3ls, the, tmvelerWiJI not bel:Cimbursed fer1hemealS bei.ng provided. If the program. for a con:fcrcnc= or convention stateS that breamst" lunch, ordinIJci' is included in .,~ tee, thctmveler. is expected to IeCeivc that meal without !Cimpursc,nent., (Conrir,eut3[ 'bre3Idast.lsmnsi<iCred a breakfast and is Dot reiriJ.bursable when p~vide:i.Brunchwi~tbe~~atthclmu:halIOwaiu:e~te.) ~tfurmca1~, will be' the apProprlatemeallilloWancc rate regardless> of the actual Cost of the Illes!. . ThetIaveler inust absOIb any,eost.aoovc the Dieal'allowai1ce. amOunt npswiU not be reimbursed.. AUTO EXP:i:NSES:'., Mileage Will be reimbursed at the rate approved by the State legislafure, for the . roundtrip from the ttave!er's point of origin t9point of destination when the 1Iaveler is autho~d' to uSc his or her own. personal vehicle for official DistriCt business. The following guidelines apply: · It ism::ommendcd that a District pool vebiclebeused for all District travclunIess one is not available or usCe of a petsOnal vehicic would. be morC efficient or cost effcclive. Useaf a personalvchicle shall be authorized by the travelers Director asdecmed appIopriatc. · All mileage claimed must be by a usually traveled route from the point of origin to the point of deStination. Cb3p~ 112.061(7)(a)~ Florida Statutes, states". "All travel must bcby a usually traveIedro~ In case a pcrson:traveIs by an indirectroutcfurhis own convCDience, any extra costs shall bebome by the traveler, and reimb1mcment for ~shall be Qased only on such charges as ha'9'c been incuxredby a usually travcIed'route.1t I PROCEDURE SOUTDWES'TFLORIDA. WA.TER MANAGEMENT DISTRICT TITU: TRAVEL SECIlONJDEPA.R: APPROVED: NUMBER: 13-5 PAGE: 10 of16 G &:. FINANCIAL REPORTINGIFlNANCE CIlVEDA~: 08130196 SunitsmES: 13-5 Dated 06/01/96 AUTO EXPENSES (continued): · Whcnevc:r the point of origin and point of destination are '!ritbin two diiferc:Qt city ~ts indieatedon the Florida Depirtment ofTransportation.official tr.mspOrtatiOri niap~ Ini1eage .shall be determined by USing ~eOfficialHighway Mileage chart (Exhibit A), which proVides the comp~ distance irom the "town" of origin. to the "town" ofdcstinatiOn, not actUal. odOmeter readings. .Ifcithcr town/city dOesnat appear on the chart, ot when involved in yiciillty travel, mileage shQ~d be. Shown by actual Odometer ~,;~;..-.Whencver. cmployeestravelbetwecn . District. service office," miIeagesbaII be dett!!'mn,P,d -by using the District Mileage Clmt (Exhibit B). - - - .. For all continuous travel trips.I'Cport:ii1g the employee's home. as the point of origin (departure . pOint); the ano~lc mileage from the point of origin (employecYs home) to the firstwork stOp . shall be: the lesser oime actual odometer ini1eage or the distance from the employee's official hc:adqu.artc:rs to. hisIhcr firSt WOrk stop. . - . .. . For~ continuous txavel trips reporting the employee's liomeasa final dcstination.the allowable mileagc-from the last work step to the_ final destination (c:mployc:{shome) shall be tbc k::is=' of thC~odomdcrmiIeage ortbe distance frOm.the employee's last work stop to lUsIhcr9fficial headquartcxS.. . · Reimbursement forexpcnditures relating to the operation, maintenance. and ownership. oi Ii persPnai vehicle, other than mileage is not pcunitted. . · . TWo,IOund trips to an airport maybe approved if it is. detemrined. to be more ecQoomical than one round'trip plus the aiIport parking. fee: for the personal yehicleduring the scheduled. travel. . AUTOMOllJU: RENTALS:' Each GovcmingBo3rd membcr. the Exccuti.vc Director,A$sistant EAecuuVcDizector, D~uty EXecutivcDircctor; Gcner.d, Co~cI.attornc:ysand, other mQiYi~ _otizcdby thcGovcming BOard orEXccutive Diredcr maybe supplied a~Agency Cmtral Billing Credit Catdforthcir use while on District lmsincss~ Pu1cl1a.m1gwill ordcranddistributc: the . cards after Icccivingan approved CledltCa.i'dSlKeYs RCqucstfcIm from the autliorizCd indiYidUals~ An ; -::lIoyecwho is ~ to use a rcntalaiito; but has not becnassigned an auto t:1'Cdit card, maY ~t;_.:~ a R.cntalAgency One Trip Travel Order (O.T.T;O.). The O.T;T.O; is a substitute for an auto credie card to be used only once.. Travelers may reqUest the O.T.T.O~ by submitting a memo to- Purchasing with a copy their fully executed Travel Authorization fonnattached. I . PROCEDtJRE soUTHWEsT FLORIDA WADR MANAGEMENT DISTlUCT Tm.E:' ,TRAVEL SEcnONIDEPAR APPROVED: ~ER; 13-5 PAGE: 11 of 16 " ACCOUNmlG & FINANCIAL REPoRTlNGIFINANCE EFFECTIVE DATE: 08/3Ot96 sUpERSEDES: 13:..5 Dated 06/01/96 .:: AUTOM()BILE RENTALS (continued): ThcCIeditcardandO~T~T.O. arc provided by the n:ntaI agcri.cy as part of its agI'eanentwi1h the State of Fl,?rida.' IndividIialsusing a aedit card orO.T.T.O. are to ensure that thC proper discoUnt is, appli~that no sales taX is"charged, and that.the most economical type of vehicle to approprla.tely accommodate the travel needs isrcquestcd. . Class 1 (A) , .2(B} 3(C) 4(E) S(V) , Vehicle Si~ ' Sub-COmpact COmpact , Intermediate Full Size 4I:dr Mini-Van Code ECAR CDAR IDAR FDAR MVAN AIR ~~;" It is the responsibility of the scheduling department to d~ennine', ttle, most economical ]l],ethOd, of travel prior tomlllring' reServations. Reservations may not be madcUntil appropriate travel' authorlz3ncn 1~uU.lWWCnts liave bec:1 DIet The District's' contract, Tmvcl Arnmge:nent ServiccsprovidCr sboti1d bcutiliz:d excluSively for requesting estimates andbooking ilightsUDlcss substantial savings can be' rcilized' bY" utilizing another Scare:. ' The~ve . department is responsible' for ~~tnlJg.changing and/or cancCUingrcscrvations. All C?OlI1U1e:rcial :fli~tS wiUbe Coach ~lass unless DOt available. ' , , , Air Traver CarQs, are:credit cardS aco:ptcd' by, most major airlines ,for. .flights, limited to 'North Aip.erica. These caJ:dS3re ~assignedand ctiStn"huted by Purr.h~s;ng ,,' U~e Credit CardstKcys , RcqucstfonntQrequest mair 1ra~carri NonnaII~. these cards are" only issw:d to Govc::mmgl3OaJd me:nbers;tbcEcecutiveDttecior. AsSistantExccutive Dfu:ctcr.DeputyExccuttve.~ ~, Couasc1.Dfu:ctOIS and AttOrneys. Other staff may request afrtravelcards only after ,obtaining authorization. nom the Executive Director. ' , ' .Trave1exsmustret3in the passenger receipt from the used.airline ticket (last p~ge' of ticket). Upon retmntotJ;c,Dimict, this lUeipt must be fotwardedtoAcco,. 1ints :Paya~le witbinthrce business days" with the traveletisigna,:mre and' appropriate acCount coding On thccopy. , , CHARTER. FLIGHT SERVICE: This.. seiVice is to provide specific transportltion to attend meetings. etc.. in order to conduct District busmess (C)verflights are excluded from this procedmc). RequeSts for Govcmirig aDdIOr Basin Beam membcIs, EXccutiveDitCc:tor., ASsistaDt, Executive ~. DeputyExccutive.DirectorsandGcneral Counsefcharter flight<; will be ammgedtbrcugh thcE:tccutive Department aftencceivingapprovahsstated in the Policy; The use ofChartcr flights by staffniembexs. shoUld be an exception and must be authorizCd by the Executive'Director;. A reqmsition(RX) must be entered into,the financial system With the flight scheduicInfonnation in oroerfor a'purchase' order to be processed. ' D PROCEDURE SOUTHWEST FLORIDA WATER MANAGEMEiVr DIS'l'lUCT 1lTLE: TRAVEL', SECTlONIDEPAR APPROVED: NUMBER:'13~S PAGE: I2ofl6 G & FINANCIAL REPORTINGlFINANCE cnvzDATE: 08130/96 SUPERSEDES: 13-5 Dated O~1I96 CHAR.~ FLIGHT SERVICE (continued): Purchasing will process ~ ~uesi in accoxdana: ~ BoardPoIicy 15()"'1 and District Procedure 15-1 govemi#g. procurement practic::s~ which inclUdCs contracting for services Wi.th an appro~ charter flightsO:v.ice~ obtaining the reqUired sernc::s at the best responsible price (consistent With trip ~cniS and' safetY), and ~llingI~.hsm~ng the services, requested' upon receipt of .notification from tl;e xcquestingdCpartment 'Emergency arraiigeincntsmay bcinadc directly with PnIcliasing who will tbcU notifY the EXecutive Departmc::it and request preparation of the required documents. . Under-normal circumsta:nc;s. payment of or n:imb~~eIrt fot" travel by Private or company~wned or chartcrplanc shall be no greater than tbataIlowc;d for couimc:n:iaI (coach class) mtIavcli'atC for equivalent 'diStance. HOTELiMQTEL ACCOMMODATIONS: Lodg:ing ~ense is teimbutsable m authorized ' DiStrict trilvelers requIring <)v~gbt absence away. from official headquarters aud-ho1:riq: under Class ~ or B trayeL .The tzave1c:rJIUlY l10treceive rcUnbUrsement for lodging Within the lOcal area UnIessaWhCrizcd by the Deputy" ExecUtive DirectOr of Management. SCrviCi:s. . - . In order to achieve a cost saVings to the District. the District may contIact directly with the hotd/Diotc:l. On occasions. when the tmveler's flight'schedule or ending time of a conference. prevents rctunJilig hcm:1cbYca re::'~ble ho~;thel?cpiu:tmcntDiIcctcnnust dctemrinc whcilicr an additional overnight. aa:anm~OnisWamlntea ~GXNCY~ENSES: :Emc:rgepcycpensc:s that arc not reiated to travel shriuldnct ~ on the Travel Voucher. . Paid invoice or .n:ceipt for such ,expCIlSCS must'bembinitted for reUnburscnic;lt through. petty ash or. if over $25. QY s\lbmitting a check request'to Accounts Payable~ . OTH1!;l<..EXPENSES: Whcne:cpcnses ate incidental to tmvel. rcceiptsshall be attaChed to the Travel V oacher and expIaiD.cd briefly on the--fonn or an attached mcmorandum~ Receipts are ieq1lirCd in all caSes exceptwhcnreceipts are liotP9ssiblC (i.e.~ p~rkingmcter.;),; AnexplaDation. must be includCd to explain when no recciptis available~ If proof of paymeDt or explanatiOn is not submittCd, .rcimbmcmc:lt cannot be authOrized. . i PROCEDURE SODTHWEST FLORlDAWATER MANAGE.\fENT DISTRIcr NUMBERz 13-5 PAGE: 13 of16 TITLE: TRAVEL.. .. ,.' ..'.. S}:CTIONIDEPAR~: ACC9~~~CIAL REPORTINOJFINANCE APP~~VED: 'l1'~ . ~.~A1'E: 0813r96 , ,S11PERSEDES: 13-5 Dated 06/01/96 . OTHEk EXPENSES (continued): Other authoiized expenses include: L TOllsfoJ." road,.bridge, fCIIy~ de; (iecciptsrcquin:d whcnavaiI8ble) 2. Pa,rkiDgand storage fees (r=;:ipts tEquiicd - c:;g:tptmete:" padiug) . ,3. Long,dis~~,teiephoUe charges* for busine.sspmposes (rca:iptstcquiIcd - cx~ when coin opaated clcvic:s ate Used) , 4. NoininaI. telephOne expenses'" for business purposes (~t:i n:quir=d ..,. except when coin operated dCVices arc Used) , .. 5. Taxi fare or other siIDilar tr.msportation costs associated with attending business fimctions or going ta(ftom) tl1ehoteI (receiptrequUed) , ; _ 6~. - Conference. or convention icgistration fee paid directly by the traveler while: a~dfug a conicn:nce or convention serving the pUblic purpose on behalf of the District (n:c:ipt n:quir:d) 7. State sales tax paid directly by the traveler on purchases direCtly related to District bUsiness (iea:i:pt requin:d). .' . -.'. . · E:sp/lzNztll1ll_ atIiM:.!I.dlt:l TnnrcJYc;dU JIII&rt iI:kNJfy pdlic 'ptIrpore of eadi c:zllfo, WidI rUlrbW~u ~d. ExpCDSeSnotreimbursable are: l~ -rIpS or grarintics 2 Personal telephone calls 3. EXcess baggage charges unless charges ~ for District equipment tost or mi~m,g reCt:ipts willrequin:: a ~tatemcnt signed by the tIavclerwith Department Director's approval in order torcc:ive rcimbutsc:mc:nt. _ Other travel expenses nQt detailed in the Procedure. shall be handled. by exceptiOn with Deputy, ExCcuuveDircctox's approval. TRAvEL ADVANCES: Advance payment for officialtravcl maybeauthorizcd by tbcEXccutive Director or ~gne:: for C18ss A or Btlavelwhen the traveler 3nticipatcs~stantial trayef expenses . (i.e., . lodging, meals, .parlciIig) and. xequests.. funds.. tQ. . cover the associated txavelcosts.. . . .Ttavcl advana:swill not be autb.orized for ClasS C'travel expenses. The m.inimum. travCladvancc . amount is S50. The tn~~jmuia. ttavcl'adwncc shall notexcced 80'pcrc=t of tfu: estim~t~cost for official IIavel excluding any payments :made directly by thC District The tnlvel advance willgei1eIalIy he, made to tbctraveleron the Thursday. prior to hisIhcr dcparture~ Advance payment (or the txa'veler's credit C3IdauthoriZation) for one night's lodging. is usually required to guar.mteeareseIVatiOnifthetravelerWi11azrivc~ 6'pimi andmaybercquired to reserVe a room ataprcfem:d group ratc~ The District may reimbUISC.tbis. one nigJlt ~ as an advance to the traveler if the traveler does notprovidc a credit card authori2ation.. The advance, if requirerl,willbe made: to the traveler prior to the due date established by the hotel/moteL I PROCEDURE SOiJnlwEsr FLORIDA W.ATER MANAGEMEm: DISTRICT '1Tl'LE: TRAVEL SECTIONIDUA,R APPRovED: NUMBER.: 13,..5 PAGE: 14 of]6 : ACCOUNTING & FINAi'lcIAL :REPORTINGIFINANCE ' PFEC'lWE DATE: 08/39/96 SUPERSEDES: 13""5 Dated 06101196 TRAVEL AnV ANCES (aultmiled): As soon asposslllle after the employee learns of a travel assignment; and'an aclvancc i$ desired, the , emplcyee, should complete a Travel. Authorization, fonn andmarlt the, "Advai1ce Tmvel,Payuient Req1i: ;::red" section. The request must be approved by the employecis Department Director, befote paym;;u: can beproa:ssed. Witbin ttu:=' wori:ing days aftertetumingto the District, the tra-ve1cr who rec::ivCd a travel advance is required to, submit a. completed 'Travel Vouchcr~ The: amoUnt of the, travel' adyance is fa. be deducted from' the travel ~ claiined. and any. ex,C::SS,tra'Vcl advan~ amount must be rCimbw:scd, to tt:-e District when subInitting the Trave:l Voucher. CONrINUOUS TRAVEL STATUS: Those employees on continuous tcayelstatus tmly receive a CCnt:ffi.lollS travel adVane:in all amount not to eXceed 80 perc=nt of,e:tpected.traveleXpenscs, for a two-Week travel period., cOntinUous travelers are defined, as employees who ioutinc1ytraveI ovemightTI1eSccniP!oyees qn. continuous travel status must complete a. Tmvel.Voucher on a' weeIdy basis to' do~t thci:c actual travel expC1Ses.If an employecis no)t:JDgc:ron continuOus , 'travel status, anyeon1inuoU$ travel ~Vance amount in exc::ss ofactuaI expeI1SCS must be refunded' to 'the District within thx1:e bn!l:itiess days. Tlrebzclltive Director may lIIodify or interpret this Procdure. , PROCEDURE SOUTllWEST FLORIDA WAi'ERMANAGEMENT DISTRICT TITLE: TRAVEL SEcnONJDEP APPROVED: NUMBER: 13-5 PAGE: IS of16 G &: FINANCIAL REPORTINGIFlNANCE CI'IVE'D.ATE: 08130/96 SUPERSEDES: 13-5 Dated 06101196 . EXHIBIT A 'OFFICIAL mGHWAY MILEAGE CHART Wbcnevcr the Point of origin and point of destination are .within two diffci'e11i city.Imrits indicated on the Florida DCparimentofT~on officia11Iansportltion map, mileage sballbe dctennined' by using,tlie Offici~, Highway Mileage chart providing the c:cmputed distance from the "town" of origin to the "town" ofdesi:inatjon, notadual odometer readingS. ' To uSe the mileage chart, deteI1Dinc the, town of origin and'town of destination. Locate both on chart Place' ruler aloilg step beneath town appeariIlg closest to the right. Follow across ,to interse:cting coitmm beneath toWn~g closest to the left. The nwnberat the interSection represents the one-waymi1C:agebe~enthe twO.toWDS. Thisis'the ririleage,to be reponed when' traveling between the city limits of two cities ortoWDS appearing on the milc:agc:chart. EXk\4PLE: City of Tampa to City of St. Petc:Isburg = 20 miles NOTE: This "Official Highway Mileage" chart is, printed, on the c-.m-cnt Florida, Official TxansPortation Map which is aVailable in each Department. , ':It:',a' )" ~'1' ",-, 2.' ., 1&' 114 " ~ ... ..... 1IIi", '. _ '..,: :zla",' -8" IV, 42 :D6, _', ,.. 17, 2'." . .,. ZD. Q- a."' .. 25. ,. >42 >>2. '-1.'- : MIl 21~ * 2':1 .,... n ...'sa ~ _ .. ,." 21' _ :a7 1., 111. 211' "'_'..D'llII . 'IS, :.. , lS,''', .., 1_ .... ~ ... ~ '~ .. ~1I."1<a .. -:t. , . ,_-' Zl I _ at '4' '.:, =..: .- alii , i.'" II. ... ,.",~_ _ _ Zl4 M"" ' ' :lilt 11. _ U, 144"',:11' _ .... I:lI 1D ._ ~. 14' MIA ,,........- .111. (U". Sf: M.. ~.'". ....:: .: ':'...= ': 11- .. .. I" J I PROCEDURE SOU'l'BWEST FLORIDA WATER MANAGEMENT DISTRICl' TITLE: TRAVEL SECTION/DEPAR: , APPROVED: NUMBER: -13-5 PAGE: 16 of 16 G &; FINANCIAL REPORTINGlFIN.AJ,~CE C'IIVEDATE: 08130/96 SUpERSEDES: 13-5 Dated 06/01196 EXHIBIT B' DISTRICT MILEAGE CHART Documented Mileage for Most Direct Route Between Service Offices . Hc;adquarteIs/B~oksville HeadquartCISlBrooksyillc Head4uarteIslBrooksvi1te Headquarte:slBrooksville Tam.pa Service Office ,Tampa Service ,OffiCe , Tampa Service office .Bartow Sem.ce Office Bartow Service Office Inverness Service Office " {:~'i.*ietji . -~.~~~~~~ Bartow Service OffiC::' Venice ServiCe Office Tampa Service Office ' Invcmess service Offi~ BartOwServiCe Offic::::,~:~1~;~~~:~,j , 'tTem.ce. Se...rnce Offic'..... ': :'.,";;,,~~"':~:'i;:~~' v' .. u ,:,}~: .')1;:5 , Inve:ri1essService Office r:~~~~~ "Vemce Service OffiCe ;,}#iii~: ", "~ '~'''~'' Venice Service Office InvcmCss Servicc:Offiee +l~ '. ' : ," . , .'. ..' . - .,' " ~,..... .-~t * These miles were detcnnined bycambiaing the CODDCdingpoiDisfcrwhich 111i1cs.bavc bccDdOcumented. . , . . . . Three of the five Distriet service offic=are notloc:ated withinthclimits ofacity~Thcreforc; the mileage to ~e service offices 'cannot be.det~in~ ~ the Qfficial,Higliway Mileage' chart. These serviceotfices are canC:d:. Broo~-vllle Hcadqu3rtcxs. Tampa Servic; Office: and Venice Semc:eOffiee. . , The dccumcnted mileage between service offices as,listed in the above chart shall beused whenever a Dimicttravelerjstraveling})etwee21 District service offic:s.Ifthereare~UatingorUnforeseen 'circtJinstances. sl1chas a demur. which require 'the: District travelerto.take ano.ther Iongcr'fOUtc, an explanation as to why the: mileage reported is greater than, the dOC'Jlm~~miIcagc:OD the above cliart must bf;.llicluded wi~ the travelers submitted Tmvel Voucher and approved.by the auth9rized signCIS.: l~ mileage. between the Bartow and rn,,:-mess service otnc:s reflects tIu: Official Highway Mileage chart miles sine:: t1iesctwo' service offic:::.s are Iocrtah ", 'n me c' ' liinits. City Council _< Ag~~nd~_Cov,!!~, Memorandum~_~,_, Ef\j - 3 [l.IO Tracking Number: 2,015 Actual Date: 04/20/2006 Subject 1 Recommendation: Approve a work order to Jones Edmunds & Associates, Inc., Clearwater Fl., in the amount of $361,020 for the East, Marshall Street and Northeast APCFs Headworks Design Project, project number 05-0063-UT, and that the appropriate officials be authorized to execute same.(consent) Summary: All three APCFs have been upgraded and/orexpanded a number of times, and technical improvements have been regularly made over the years to improve the operational efficiency of the facilities. As part of this year's capital improvements, theheadworks screening and grit removal at the three APCFs will be evaluated and upgraded to reduce operations and maintenance labor, reduce impacts (odors, pump and pipe clogging, and build-up of sediments and rags) to basins and pumping processes, and to reduce tipping fee disposal costs by producing dewatered and drier screenings and grit product than current product. Jones Edmunds and Associates, Inc., an Engineer ofRecord, was selected to provide design and bidding phase services for these improvements in the amount of $361,020. The deliverables from this project willinclude copies of plans, specifications, and construction estimate for bidding process by October 2006. Resolution 04-36 was passed on December16, 2004, establishing the City's intent to reimburse certain project costs incurred with future tax-exempt financing. The projects identified with 2006 revenue bonds as a funding source were included in the project list associated with Resolution 04-36. Sufficient budget for interim financing or 2006 Waterand Sewer Revenue Bond proceeds when issued is available in the Capital Improvement Program project, 0378-96620, WWTP Headworks to provide the funding for this work order. A copy of the work orders isavailable for review in the Official Records andLegislative Services office. Originating: Engineering Section Consent Agenda Category: Agreements/Contracts - with cost Number of Hard Copies attached: 1 Public Hearing: No Financial Information: Type: Capital Expenditure Bid Reauired? No City Council _.,~Ben~a Cover Mem~r!~!!~um Bid Exceptions: Sole Source In Current Year Budqet? Yes Budget Adjustment: No Current Year Cost: $361,020.00 Annual Operating Cost: $0.00 Total Cost: $361,020.00 Not to Exceed: $361,020.00 Appropriation Code(s) 0378-96620-561300-535-000 Amount $361,020.00 Comments See Summary Section Review Approval Glen Bahnick Garry Brumback 03-27-2006 09:47: 13 03-28-2006 12:05:58 04-07-2006 14:45:36 03-27-2006 14:25:33 04-07-2006 15:06:32 03-28-2006 09: 10: 18 04-06-2006 12:41:46 Brvan Ruff Bill Horne Michael Ouillen Cvndie Goudeau Tina Wilson CITY OF CLEARWATER PUBLIC WORKS ADMINISTRATION JONES EDMUNDS WORK ORDER INITIATION FORM Date: March 15,2006 Project Number: 06622 City Project Number: 05-0063-UT (RSF) 1. PROJECT TITLE: Headworks Screening and Grit Removal Improvements for the East, Marshall Street and Northeast Advanced Pollution Control Facilities (APCFs). 2. SCOPE OF SERVICES: Jones Edmunds is pleased to provide the City of Clearwater with this proposal for engineering evaluation and design services for new headworks and grit removal improvements at the East, Marshall Street and Northeast APCFs. These improvements will provide the City with upgraded screening and grit removal equipment and facilities. The goal of these upgrades is to reduce operations and maintenance labor, and improve screening and grit removal efficiency to reduce impacts (odors, pump and pipe clogging, and build-up of sediments and rags) to basins and pumping processes, and to reduce tipping fee disposal costs by producing a dewatered and drier screenings and grit product than is currently produced by the City's APCFs. An evaluation phase will be conducted, and a technical memorandum will be prepared summarizing the screenings and grit removal evaluation criteria, a review of alternatives, the recommend approach, and preliminary design drawings which will represent a 30% design completion. The evaluation phase for mechanical screening, screenings washing and dewatering equipment will include a review and summary of the available screen types and manufacturers. Evaluation criteria will be prepared with City staff, and a pre-screening evaluation will be conducted to determine two or three of the most feasible mechanical screening, washing and dewatering systems for each of the City's APCFs. For evaluation of the existing grit removal systems at each of the APCFs, plant influent, grit removal system effluent and grit washing and slurry output will be sampled and evaluated over a one-week period to determine the following: . Characterize the quality and quantity of grit received at each facility . Perform wet and dry sieve analysis of the influent grit to determine effective particle size and settling characteristics . Evaluate the removal efficiency of the existing grit system and compare existing system basis of design to size of grit particles characterized, as well as facility flows including annual average daily flow (AADF), maximum daily flow (MDF), maximum monthly flow (MMF), and peak hourly flow (PHF). I l_ The technical memorandum will summarize the results of the mechanical screening alternatives assessment, as well as the grit characterization and the removal efficiency and overall performance of each of the existing grit removal systems. The subconsultant, Grit Solutions, Inc., will work with Jones Edmunds to perform the on-site grit sampling and evaluations at each APCF. A summary of alternative grit removal technologies and/or unit process upgrades will also be prepared. Grit removal and dewatering system evaluation criteria will be developed with City staff, and a pre-screening analysis conducted to determine the feasible alternatives for detailed evaluation. Other modifications included in this scope of work include the upgrade or replacement of a EUTEK@ Teacup type grit removal system at East and Marshall Street APCF's. The system at the East facility is not functioning properly allowing grit to accumulate in the downstream fermentation and anoxic basins, and thus reducing the plant's treatment capacity. The Marshall Street system has had problems with plugging and abrasion to pumps and valves since it was installed. Since the City is currently upgrading the anaerobic digesters, a more reliable grit removal system is required to prevent grit accumulation in these basins. At the Northeast APCF, grit removal is accomplished by classification of all sludge withdrawn from the primary clarifiers. The sludge and grit is pumped to a cyclone degritter to separate the grit and discharge it to a screw classifier for cleaning and dewatering. The system appears to be operating properly; however, a design evaluation to repair and replace worn equipment will be completed as part of this scope of work. Experience with similar equipment has found that to work effectively, the feed rate to the cyclone unit must fall within a very strict range. As part of this project, the required feed rate for the existing cyclone unit will be established and compared to the actual feed rate it is experiencing. Potential operational controls to coordinate the actual feed rate with the required feed rate will be evaluated. Additional work required as part of the preliminary evaluation will also be done as agreed upon by the City. A summary of the scope of work by phase is presented below. Phase I - Preliminary Design Report (30%) A Preliminary Design Report will be prepared for the mechanical bar screen and grit removal system improvements for each APCF and include the following: . Pre-screening evaluation of alternative mechanical bar screening technologies . Selection of recommended bar screening technology . Grit analysis and grit removal efficiency assessment at each APCF . Grit system technology pre-screening analysis. Grit removal technologies to be evaluated include, but are not limited to Vortex Systems (i.e. EUTEK@ Headcell, Hydro International Grit King@, Jones and Attwood, etc.) and primary sludge degritting systems (as applicable). . Results of a design evaluation for the existing grit removal system at the Northeast APCF . Selection of recommended grit removal technology at each APCF. . Proposed layout of the mechanical bar screens and grit removal systems at all three APCF's Phase IT - Final Design Final Design will include the preparation of 60%, 90% and final construction documents. The following Phases will be completed as part of this scope of work for the Headworks and Grit Removal Improvements at the East, Marshall Street and Northeast APCF's. A. PHASE 1 - PRELIMINARY DESIGN REPORT The following tasks will be completed under Phase I of this project. 1. Kickoff Meeting with Management and Lead Operators Jones Edmunds will schedule and attend a kickoff meeting with the City's Wastewater Management staff and the Lead Operators from the three APCFs to review project goals, establish the lines of communication to be used on the project, and to discuss any specific headworks modifications that the staff desire is made at each APCF. In addition, we will confirm with the City the contact information for the City's design consultant for the separate Odor Control project being undertaken by the City at the Marshall Street and Northeast APCFs. This contact information will be critical for Jones Edmunds to coordinate our design effort with those of the Odor Control project, to minimize the potential for design conflicts between the two projects. Minutes of this meeting will be prepared and distributed to all attendees within 10 days ofthe meeting. 2. Data Gathering and Review Jones Edmunds will gather and review pertinent information related to the East, Marshall Street and Northeast APCF headworks, and specifically the mechanical screen and grit removal system design. This includes a review of the existing record drawings and equipment currently installed at each of the sites. Operational manuals for the headworks equipment, if available, will also be obtained from the City for review. As part of this task, we will also obtain City data related to screenings and grit quantities removed at each of the APCFs over the past two years of operation. This data will be summarized and evaluated in comparison to quantities reported for similar treatment facilities as a means to assess the efficiency of these unit operations. 3. Site Visit Following review of the existing information, Jones Edmunds will conduct site visits to each APCF to compare existing conditions to those depicted on the record drawings. As part of this, we will take detailed field measurements to confirm tank and channel dimensioning, depths and relative elevations. 4. Equipment Screening Workshop Following completion of the above tasks, Jones Edmunds will schedule an equipment pre-screening workshop with the City's Wastewater Management staff and the Lead Operators from the three APCFs. The purpose of this workshop is to pre-screen alternative equipment options for mechanical screening and screening compaction, as well as grit removal and classification. The pre-screening will be based on evaluation criteria developed with City staff. The evaluation criteria may include issues such as reliability, ease of operation, relative capital and O&M costs, regulatory compliance, suitability for use in existing channels/structures, etc. The product of this workshop will be a list of feasible technologies for detailed evaluation, including development of estimated facility sizing and a focused path forward. s. Mechanical Bar Screen Layouts Jones Edmunds will contact suppliers of the two or three mechanical screening, washing and dewatering systems selected during the pre-screening phase with the City. For each system, we will coordinate with the suppliers to develop layouts for installation of the new mechanical bar screens, screen washing facilities, compaction equipment and appurtenances at each of the City's three APCFs. These layouts will then be used to establish preliminary construction cost opinions for installation of each system at each APCF. In addition, for each screening system we will obtain from the suppliers information regarding routine maintenance requirements so that annual O&M costs for each system can be developed. 6. Technology Evaluation of Grit Removal Equipment Concurrent with Task 5, Jones Edmunds will perform a technology evaluation on the EUTEK@ Headcell grit removal system based on the currently pilot studies being conducted in Key Largo and St. Petersburg, Florida, as well as the Hydro International Grit King@ also installed at many locations throughout Florida. The results of the evaluations will be compared to the existing EUTEK@ Teacup system currently installed at the East and Marshall Street APCF's. The system will be evaluated on performance (removal efficiencies), constructability and capital, operation and maintenance costs. In addition, we will contact suppliers of other pre- screened equipment alternatives to investigate installation requirements and develop preliminary layouts for the various options. These will then be used to establish preliminary construction cost opinions for installation of each system at both the East and Marshall St. APCFs, In addition, for each system we will obtain from the suppliers information regarding routine maintenance requirements so that annual O&M costs for each system can be developed. 7. Evaluation of Grit Removal Upgrades/Repairs at Northeast APCF As previously noted, experience with similar cyclone equipment as in use at the Northeast APCF has found that to work effectively, the feed rate to the cyclone unit must fall within a very strict range. Therefore, the required feed rate for the existing cyclone unit will be established and compared to the actual feed rate it is experiencing. Potential operational controls to coordinate the actual feed rate with the required feed rate will be evaluated. In addition, all components of the existing grit system at the APCF will be evaluated to determine which need repair and/or replacement due to wear or failure. For those components of the system determined to warrant replacement, a design evaluation to determine the size of the units will be conducted based on current and future primary solids and grit loading. This information will be used to recommend design criteria at the Northeast APCF. 8. Coordination with Odor Control Design Team As previously noted, the City has retained a separate design consultant for an Odor Control project at each of the APCFs. Therefore, for the headworks project it will be critical to coordinate with this other design firm to minimize potential conflicts. To that end, Jones Edmunds proposes to hold monthly teleconference meetings with the City's Odor Control consultant during Phase I to facilitate the sharing of pertinent information related to the two projects and to foster a coordinated design effort. 9. Draft Preliminary Design Report (PDR) Following completion of the above tasks, Jones Edmunds will develop a PDR that will detail the results of the above defined Phase I services. The preliminary design report will also include our conclusions and recommendations for the most feasible means to make improvements to the screening and grit removal systems at all three APCF's, and provide an Engineer's Estimate of Probable Construction Costs. Five (5) copies of the preliminary design report will be submitted to the City for review and comments. 10. Review Meeting with City Following the City's review of the PDR, Jones Edmunds will meet with City staff to review the report and its recommendations. At this meeting, we will address City comments and questions regarding the report, and establish with the City the recommended alternatives for the design project. 11. Final PDR Following the review meeting, Jones Edmunds will finalize the PDR to incorporate the review comments provided by City staff. This will represent a 30% submittal for the project. Ten hard copies and one (1) electronic copy of the final PDR will be provided to City. B. PHASE 2 - FINAL DESIGN Once the PDR has been finalized and a recommended design approach has been chosen, Jones Edmunds will proceed to develop design documents. The design documents will be a combined set of contract documents for the three facilities. The contract documents will include design drawings and technical specifications that will be used by the City to solicit competitive bids for the construction of the modifications. 1. Develop 60% Design Documents The 60% design documents will include drawings and specifications for the East, Marshall Street and Northeast mechanical bars screen, washing system and compaction equipment and the grit removal improvements. Using the existing record drawings for the APCFs as a base, Jones Edmunds will develop design drawings for the recommended improvements at each facility. However, depending upon the final configuration of the recommended systems, it may be necessary to perform both site survey and subsurface investigations at each APCF to facilitate the design of the system improvements. If required, costs for the necessary services would be obtained from subcontractors, reviewed with the City, and these services would be authorized by the City under the contingency allowance. The improvement designs will be depicted in plan view along with necessary sections and details. In addition, we will develop outline technical specifications for the required work, and a 60% construction cost estimate. Upon completion, four hard copies of the 60% design drawings, as well as outline technical specifications will be submitted to the City for review and comment. 2. Update Meeting Following the 60% design submittal, Jones Edmunds will schedule and attend a meeting with the City staff to review the design drawings and specifications, and discuss any modifications to be made based on the City's review comments. 3. 90% Design Documents Based on the information discussed during the Update Meeting, Jones Edmunds will proceed to develop 90% design documents. The 90% design documents will refine, as necessary the system layout and elevations, as well as standard details and technical specifications. An update to the preliminary opinion of construction cost will also be provided. Upon completion, four hard copies of the 90% design submittal documents will be submitted to the City for review and comment. 4. Final Contract Documents Jones Edmunds will submit a final contract document set to the City for final review and comment prior to issuance of the bid sets. Following receipt of any final review comments from the City, Jones Edmunds will develop final contract documents for the overall project. Upon completion, one signed and sealed hard copy set, an electronic set (CD) of the design drawings and technical specifications will be provided, along with thirty-five (35) hard copy sets of the contract drawings and specifications will be provided to the City. 5. Prepare a Preliminary Construction Cost Opinion Based on the design developed for the project, Jones Edmunds will update the preliminary construction cost opinion for the work associated with the mechanical bars screens and the grit removal systems. 6. Coordination with Odor Control Design Team As previously noted, the City has retained a separate design consultant for an Odor Control project at each of the APCFs. Therefore, for the headworks project it will be critical to coordinate with this other design firm to minimize potential conflicts. To that end, Jones Edmunds proposes to conduct project review meetings with the City and their Odor Control consultant at strategic points during the headworks design process. For this proposal, we have assumed that these meetings will occur at the 60% and 90% design phases. 7. Bid Phase Services and Attend Pre-Bid Meeting Jones Edmunds will assist the City with the advertisement, answer questions, prepare addenda, and schedule and attend a Pre-Bid meeting for the overall construction project. We will attend this meeting to address any questions that prospective bidders may have regarding the overall project, and prepare responses to any comments during bidding. Following review of bids, Jones Edmunds will review and evaluate the bids, and provide a recommendation for award. 8. Permitting Jones Edmunds will prepare minor permit modification packages (as required) for the new mechanical screening and grit removal systems at each APCF. In addition, any applications for City of Clearwater permits will be prepared and submitted for this project. 3. PROJECT GOALS: A. To improve screenings and grit removal efficiency at the East, Marshall Street and Northeast APCF's, which includes replacement of grit or screening removal equipment that has reached its useful life or is no longer performing to acceptable standards. B. Reduce operation and maintenance issues by removing screenings that clogged pumps, cause rag build-up in biological treatment basins and digesters, plug piping, and effluent filters and unbalance mixing equipment. C. Improve removal of influent grit at the headworks to reduce accumulation in the anaerobic digesters, fermentation and anoxic tanks. This reduces the basin volume and plant treatment capacity. In addition, it causes excessive wear of pumping, valves, mixers, heat exchangers, thickening and dewatering systems. D. Improve the screening and grit washing capabilities of the headworks in order to reduce water use. E. Provide screening compaction equipment to reduce the volume and wet weight screenings and grit at the headworks to reduce disposal costs and for odor reduction. 4. BUDGET: This fee includes all labor and expenses anticipated to be incurred by Jones, Edmunds & Associates, Inc. for the completion of these tasks, on a lump sum basis. We proposed to complete the design and bidding phase services for the lump sum fee of $328,200. A 10% contingency has also been included for additional or out-of-scope services for a total project fee of $361,020. Additional or out-of-scope services can only be utilized if authorized by the City Project Manager. 5. SCHEDULE: Jones Edmunds proposes that the PDR for the improvements for the East, Marshall Street and Northeast APCF's screening and grit removal systems will be completed and submitted to the City 60 days from Notice to Proceed. Until the recommendations of the PDR are established and finalized, it is difficult to accurately assess the design completion date. We have preliminarily estimated that the final design documents can be completed and submitted to the City by October 31, 2006. However, following the completion of the PDR, we will revisit the schedule for Phase II services and update it necessary based on the extent of the design services that will be required. 6. STAFF ASSIGNMENT (Consultant): Jones Edmunds Key Staff: Thomas Friedrich, P .E. Cheryl Robitzsch, P.E. Tom Perusits, P.E. Tim Harley, P.E. Bilgin Earl, P.E. Steve Conway, P.E. Anand Mody, E.I. Jack DlWeiga, E.I. Dwight Minor Client Service Manager Proj ect Manager Senior Project Engineer Senior Project Engineer Structural Engineer Electrical/Instrumentation Engineer Project Engineer Proj ect Engineer Senior Designer 7. CORRESPONDENCE/REPORTING PROCEDURES: ENGINEER's project correspondence shall be directed to Tom Friedrich, P.E. All City project correspondence shall be directed to Lan-Anh Nguyen, E.!.., with copies to John Milligan, Superintendent of Wastewater. 8. INVOICINGIFUNDING PROCEDURES: Invoices will include a break: down of charges for the combined East and Marshall Street portions, with a separate subtotal for Northeast APCF for each invoice. Contingency services will be billed in the same manner, and only following authorization from the City's Project Manager. Any supplements to this work order will include a break: down between the Northeast APCF and Combined East and Marshall Street APCF Projects. Invoices are to be mailed to the City of Clearwater, Attention: Marty Pages, Administrative Analyst, Public Works Administration, PO Box 4748, Clearwater, FL 33758-4748. Contingency services will be billed as incurred only after written authorization provided by the City to proceed with those services. City Invoicing Code: 0378-96620-561300-535-000-0000 9. ENGINEER CERTIFICATION: Jones Edmunds & Associates will certify as a licensed Professional Engineer, registered in accordance with Florida Statute 471 (481), that the above project's construction plans meet or exceed all applicable design criteria specified by City municipal ordinance, State, and Federal established standards. We understand that it is our responsibility as the project's Professional Engineer to perform a quality assurance review of these submitted plans to ensure that such plans are free from errors and/or omissions. This certification shall apply equally to any further revision and/or submittal of plans, computations, or other project documents, which we may subsequently tender. 10. SPECIAL CONSIDERATIONS: None. PREPARED BY: APPROVED BY: Thomas W. Friedrich, P.E. Vice President Jones Edmunds & Associates, Inc. Michael D. Quillen, PE City Engineer City of Clearwater Date Date ATTACHMENT A CITY OF CLEARWATER Headworks Screening and Grit Removal Improvements for the East, Marshall Street and Northeast Advanced Pollution Control Facilities (APCF) PROJECT BUDGET Jones Edmunds Task Description PHASE 1- Preliminary Design Report (30%) East and Marshall Evaluation and Report Northeast Evaluation & Report Subconsultant Services Labor Total $18,000 $9.000 Subtotal $44,400 $14.700 $62,400 $23.700 $86,100 Subtotal PHASE 1 - Subtotal $5,000 $2.000 $7,000 $93,100 Other Direct Costs (prints, photocopies, postage, ete) - East and Marshall Street Other Direct Costs (prints, photocopies, postage, ete) - Northeast PHASE 2 - Final Design (60, 90 and 100%) Develop Design Documents & Review Meetings for East and Marshall Street Develop Design Documents & Review Meetings for Northeast Prepare Permit Applications $140,000 $53,400 $5,000 $140,000 $53,400 $5,000 $198,400 Subtotal Other Direct Costs (prints, photocopies, postage, etc) - East and Marshall Street Other Direct Costs (prints, photocopies, postage, etc) - Northeast Subtotal $9,400 $3.300 $12,700 PHASE 2 - Subtotal $211,100 PHASE 3 - Subtotal $17,500 $6.500 $24,000 PHASE 3-Bid Phase Services Other Direct Costs (Reproduction - Bid Sets) Subtotal- East and Marshall Street Subtotal - Northeast Grand Total- Design and Bidding Phase Services 10% Contingency Total with Contineency $237,800 $90.400 $328,200 $32,820 $361,020 The City of Clearwater has a contractual agreement with the City of Safety Harbor to treat up to 4.0 million gallons per day (MGD) of wastewater from Safety Harbor. Clearwater and Safety Harbor are in agreement to share costs of improvements and modifications on a proportionate basis. Currently, all Safety Harbor flows are treated at the Northeast APCF which has a plant capacity of 13.5 MGD. Therefore, on flow basis, Safety Harbor utilizes 4.0/13.5 or 29.6 percent of the allotted Northeast APCF capacity and, therefore is responsible for 29.6 percent of the costs for the improvements to the Northeast APCF. Accordingly, the following is breakdown of our proposed fee that shows the portion of the fee a licable to the work at each of the three APCFs covered under this Work Order: Item East APCF Marshall Street APCF Northeast APCF TOTAL $118,900 $118,900 $90,400 Therefore, Safety Harbor would be responsible for 29.6% of the $90,400 portion ofthe fee associated with the modifications at the Northeast APCF, or $26,758.40. ATTACHMENT B CITY OF CLEARWATER ENGINEERING DEPARTMENT HEADWORKS AND GRIT REMOVAL IMPROVEMENTS FOR THE EAST, MARSHALL STREET AND NORTHEAST ADVANCED POLLUTION CONTROL FACILITIES (APCF). FORMAT The design plans shall be compiled utilizing one of the following two methods: 1. City of Clearwater CAD standards. 2. Pinellas County CAD standards 3. Datum: Horizontal and Vertical datum shall be referenced to North American Vertical Datum of 1988 (vertical) and North American Datum of 1993/90 (horizontal). The unit of measurement shall be the United States Foot. Any deviation from this datum will not be accepted unless reviewed by City of Clearwater Engineering/Geographic Technology Division. DELIVERABLES The design plans shall be produced on stable-based mylar or vellum material, 24" x 36" at a scale of 1" = 20' unless approved otherwise. Upon completion the consultant shall deliver all drawing files in digital format with all project data in Land Desktop (Land Desktop 2000 or later format, including all associated dependent files. When is not available, upon approval by the City of Clearwater Project Manager, a standard ASCn file can be delivered with all associated drawing and dependent files. The ASCn file shall be a comma or space delimited containing code, point number, northing, easting, elevation and description for each data point. Example below space delimited ASCn file: POINT # 284 NORTHING 1361003.838 EASTING 264286.635 ELEV 25.00 DESC BCV Or comma delimited ASCII file: 284,361003.838,264286.635,25.00, BeV (PNEZD) An AutoCAD Release 2000 or later drawing file shall be submitted. NOTE: If approved deviation from Clearwater or Pinellas County CAD standards are used the consultant shall include all necessary information to aid in manipulating the drawings including either PCP, CTB file or pen schedule for plotting. The drawing file shall include only authorized fonts, shapes, line types or other attributes contained in the standard AutoDesk, Inc. release. All block references and references contained within the drawing file shall be included. Please address any questions regarding format to Mr. Tom Mahony, at (727)562-4762 or email address mailto:tom.mahonv@myclearwater.com ~ All electronic files must be delivered upon completion of project or with 100% plan submittal to City of Clearwater. ;Arwaterti City Council ~ ~da Co,!~Memorandum_ t=hJ - 5 il . t I Tracking Number: 2,010 Actual Date: Subiect / Recommendation: Approve a Contract For Sale of Real Property with Clearwater Neighborhood Housing Services, Inc. to sell real property legally described as PALM PARK, Block C, Lot 16 and FAIRMONT SUB., Block G, Lots 6 and 7, for the total sum of $130,000, and authorize appropriate officials to execute same, together with related instruments required to effect closing. (consent) Summarv: On February 16, 2006 Council declared the subject vacant lots as surplus to City needs and authorized they be advertised for bid for a total minimum bid of $112,000, with the two lots in FAIRMONT SUB. valued at $36,000 each and the lot in PALM PARK valued at $40,000. Invitation For Bid 12-06 was issued February 24, 2006. A total of 18 bid packages were mailed. Five sealed bids were submitted and opened on March 8, 2006, the most responsive being Clearwater Neighborhood Housing Services, Inc. ("CNHS") bidding $45,000 for the PALM PARK lot, $45,000 for Lot 6 and $40,000 for Lot 7, Block G, FAIRMONT SUB. The subject Contract reflects a cash purchase of the subject lots for the total sum of $130,000, subject to standard contract provisions, with CNHS paying transaction closing expenses and closing within 90 days of the Effective Date. CNHS further commits to construct affordable housing on the subject parcels for buyers qualifying with annual household income under 80% of area median. Net sale proceeds from this transaction will accrue in the General Fund Surplus Land Sale Account 0010-00000-364220-000-000-0000. A copy of the contract is available for review in the Office of Official Records and Legislative Services. Orioinatino: Engineering Section: Consent Agenda Cateoorv: Agreements/Contracts - without cost Number of Hard Copies attached: 1 Public Hearing: No Financial Information: Review Approval Michael Ouillen 03-27-2006 14:29:53 Cvndie Goudeau 04-14-2006 13:17:36 Laura Lioowski 03-30-2006 11:17:48 ter Garrv Brumback Tina Wilson City Council M__'~~~~ Cover,~,~~orandum 04-14-2006 13:04:21 04-10-2006 10:04:47 CONTRACT FOR SALE>OF REAL PROPERTY BY THE CITY OF ClEARWATER,FLORIDA PARnES: The CITY OF CLEARWATER, FlORIDA,a MUl'llcipalCorporatlon ofttleSlate 01 FI9riQa (harsln "Seller" or "City"), P. p. BoxA148,Olearwaler,Rorida337584748,Bfld CLEARWATER NEIGHBORHOOD HOt/SING SERVICES, INo,., a. Florida not-tor'profit corpQfiition. ,69& North Gafd~n Avenue, Clearwater, FI. 33755 {herein "8uyer"). (cQltElctjvely, "P~rti,es.), hereby agree 1jlatthe SeUer shall sell and Buyer shall buy thE! following real property ("Heal Propenyl and personal property, if aoy{"PerS9lU1lty"} (colIecUvely .Property") upon Ihefollowing terms and conditions, THE "EFFECTIVE DATE" OF THIS CONTRACT IS, THE DATE OF EXECUTION BY DULVAUTHORIZECClrv OFFICIALS. TIME IS OF THE ESSENCE IN THIS CONTRACT. Time. perl ods Of 5 daysol'les5sl1<111 be ~omputed wlthoutlnc:ludingSatutclav. Sunday. or mltlonalll;\gafhoJldays and any time period endll1gon a SaturdilV, Sunday Qr national legal. holiday shan be extended until 5:00 P.M. 0' the ne:id business day, 1.PROPFRTV QJ;scRI~11n~ LEGAL DESCRIPTION: PALM PARK, BlockC.LOt 16, llCC-Ordin~ to tbe, mep.or plattheruQtall recorded In Plat BQok H4, PageS&, ;Ind .FJURMONT SUB., Bleck G, LQt$ 6 & 7, ~ccordins to tho mllP or plat thereohs recorde<jln Plat Book 9, PIIQ8..$4. all beinG In the Public Rec:ords of Pinellas County, Fl. STREET ADDRESSES: 900 LaSa.lle St., 1406N. MadlsQn Ave"1134 Carlton Sl,olearwaler,FI. PER.SONAL TV: Vacant lots. No potsonlllty to be conveyed 2. FULL PtlRCHASF PRICE :...........,.................,,,,,....., "."'''''''' ..........., .................. "',.." ..$ 13QQOOQO 3. M&NNFR OF P~YME~ Total consideration to be paid atcloslngln U. S. lunds, cash,. ~tifil?d or Cashier's check subject 10 adJusttnQfltsand prOfRlions ...........'......," ..,.. .......,.....___"..,..$ 130 non 00 4. llMF FOR ACr.FPTANCE Following. aXE!cution ofthiSilXlntfac! by Buyer, ihepfiCe, lellllS and <>>ndilJoFlS as contalnsd herein . shall remain uncl1Mged and be held uncondltionally open for 1:1 periQCl.of 45 days following delivery in dupllcataoriginalto Ea,l Barratt, A.eal Eslate SalVil;esManager of .1haCityol Clearwater for acceptance andappr()W1 .or. rejeclJon by aolion of the Clearwater City Council ("Couno1n. If ltllsagreament>lsaccepte9 . andapprovtid by Ihe Commission, it will be e~ee\jted by duly al.llhorlzeQCj'Y olficialliand delivered k!. Buyer wl,thin 10t!aYS thereafter; I f tills contract is raj$Jled by the Commission upon ,"lIlal presentation to Il1e Council, this. cootractshall be null Elf'cl \101.0 in all resp~s and Buyer shall be 50 informed in writing withIn 5 days of ,such aCllon. 5. IlILE Seller shall cOllvey Illtuk"laple Iitle 10 thaProperty by SPECIAL WAARANTYDEED. subject only 10 matters conlained in Paragraph.l$and those otherwisaaooepted by Buyer. TIlle shall be free oflil')lls .~elll;:umbrance!.i of record or knp\Yll to Sellar. but subjecllo property talles for thQ year llf cl(:islt'IQ, if anY:l.lOvenants, restrictiql1s and public utlnty easements of recl>rd; <mcl (other rmIltels Which tille wlI.l be sUbjecl): r-,lo Others 6. TIll E EVIOFNCe: Buyer may,at Suval expense and wilhinat i,east JIL, days priqr 10 clOslngtfaU;l obtain a, title lfl$ural1Ce commitmenl. issued. by a Floriqa licensed tiIJe.lnsureragnming lD.lssue Its lille Insurance polley SUbjael onl)' 10 liens, en~umbrances, . exceptions or qualilioalK>os oot forth in 1111s 'COntract, and those which shall be dlsohargeil by SeHer at. or belorE~ closing, SeUer shall convey a,. marketabletltlesubj.ect. ooly 10 liens; enC\Jmbra~s, exceptions pr qualifications set forth. In this Contra<:I, Marketable title shall be determined 8ctrOfding t()app'i~le Tille StandardG<sdoplad by The Aorlaa..aarand In accord/ineeWlth IaY/.. BuyershaJlhave 10 days to examln'" title evidence follOWing rj;)(;eipt., If tille is found defective, Buyer shall, WithIn .9 eJaysttlereaJter. nolily SaUer in writlngspeCitylng defect(s). If ,tt~ cjefecl(s)rellder liUe unmatlltiltable, Seller will have 120 days from recelpt 01 nOlice, within Which 10 remove the detacH;), falling which Buyer shan have IheoptJon 01 eJ\her accepting \he t1tIa UtCI(V SElLS\CNl'iSCQNT LAS,4UE.(;;ARLtOMJAOISONWTS 03tlS..;lo~ Ii ~ I J as it Ihen Is or withdrawing from this ConlraCt. Seller will. if title 16 foundunrT1srk.atable. make, dfUQenteffort 10 com~cl defect(s) in title Within the time: proVlded therefore, Includlng the bringtngof n~$$ary $lJits, 7. SllijVe" B\J~er.al Buyers e)(f:len5a. within time allowed to deliver evidence cflllle ilnd to examine same,. may have Real Property surveyed andcertilied .40 the Buyer, Sellar and, d~inQagefllbY a, fegjsl~red Aoritlalaod iIJMlYOr. II survey.shOW$ any encroachment on Real Property, . or thaI imprO'ilemenls .1~led ,onReaJ Propenyertc,rQi\ch on $etbac~ Ihes, easements, tands . 01 .OII1Ell'S. or. violate anY restrIctions, contract co~nants Of applicable governmental reglJ1alion. the same $hall constitute a tille detect B. (;1 OSING PI AC~ANIlIlATE 8UY(;jrshal11 deslgnate.CfOsingagent and this tratlSllclionsnan beclO$Bd in tM olficesof.lhe de6i9nated cloSing agel'll in Pinellas Counly.. Florida, on or before 90 da)'$ following EffGc:tive Date; unless extended byolher provisions oflhls contract. If either party is l.mablelo comply. with any plovislon of this. contr~ct'Mthin . the llme allowed, and be prepared to close as ,set forth above. (1ft~ rnaklngall.rea$O~al1ddillgemeffClrtst()'compIY. then upon 9Mn9 Ylri~1'l notlce to the (;jlhsr party. timfll o'Clolllog may blte~ended up to ,SlLdays withOut/effect upon any other term, .COIIsoant or oondition cOntained rn this contract. 9. ~I OSING OOCIJMFNTS. seller shall fumlsh de;ed, bill ots.i1e, cOnstruction lien (iftidavit, assisnmonlS of leases,tenant esloppel.lellers; and correcllva lnsltIJments as applicable 10 this transaction. Boyer shall furnish closing statement. 10. Cl OSING EXPEN~F~ Recqrdiltlon afthe deed and Documentary stamps 00 lhede;ed, unless thiS transaction is...ex.empt Un(1!lr Chapmr 201 :24, Frorida Statutes, shall be paid by the Buyer, Seliar :;hall pay Ihocosls01 recx:mling any corrective instruments, '1. PAaRATIO~S' CRE91rn II Ihere should existanYla~es, a$~eSl;mellts,rent and other, rovsnuespacific.to the Property.. all of such li)xpenses llnd revenue shall be proratEld through the day beloreClosing, If the smoulll of taxes and assessments for the current Y~llr cannot beas<:sna.llled, ralesforthe previO\Jsyear ,shall be uf>ed with dueallowaoce being made forJmprollements81ld exemptions. Any deposits held by~ell~rin trus~ for third parnes in DCc:Upancy of the Property shall be l;'rodited .10 Buyera.ttJme 01 Closing. Assessmi;<nls lor IlIlY Improvements that. .are substantially complet(t at lime of closing shall be paid In lull by Seller, 12. ~eOPER)'I CONomOttl SelJar shall deliver Ihe ProP$rly to Buyer at time of closinginitsprEl'sont"as is~ oondillon, ordina.ry wear~nd tear.excepled, and shall maintain the grounds \n.a cOrnparablecoodioon,. ,Sellar lT1lilkes oCt wart'OOlteS (lthar than as disclosecl herein in Paragraph 14 ("SELLER WARRANTIES")ancl marketabifrty Of litle, -f'3, SFUI';R HE! D HARMI ~ss Buyafllgraes 10 indemnify and hold harmless the Seller without Umi\aUonfn;>many IO$S6S, damages, CQsts. inCluding 611omeyslees. clctims of in]urv to or dealho' any person(s). any damage to property of Buyer. pf the f'roperty.and from and against anY andevety liability to any Person arising from. Buyercooouct Qlsurvay and rel<ltod work performed pursuanllo Paragraph 7 above. 14. Sft I ~fl WARRANTIES Seller warrants thaI there~re no facts, knoy,on to Seller Ihat\\tOuld materially effect the value Of lhe Property. or whiCh would be detrimantal to the Property, or which wouldaffec1 Buyer's elesire 10 purchase theprop.erty, 15;PROCFFQ~ OFSAI F' ~l aSING ~ROCI;:OURE! The deed shall be reearded upon e1earartce of funds, Proceoos .ol.sale shall be held in eSCrow by Se~Br's atl.orney or by such olhl;lr mutually acceptable escrow agent for a period Gfnot longer Ihan 5 days Irom and after ClOSing, during which time evldenceof title shalt beaonllnuEld~t 8uyets allpCllse 10 show lille.1n..Buy.er. wllhoUI any encumbrances or change which would rendar SallElrS lilla. unmarkeli1ble fram.the dale 01 the fast tille evidence. II. Seller's tllle Is renderoo LJl'lma(j(etablelhrough no fault of Ihe<Buyer, Buyer shall. within the5dav period, notify Ihe Seller in writing of the defect. and. Seller shall have 30 days f~m the dala of receipl cf such IlotiJioalkm to cure the defeeT, lfSallerfaWsto timely cure the defect. !III funds paJdby or on behalf 01 lheBuyer shall, upon written demand macieby Buyer. and within 5 days . after demand, be returned 10 Buyer and \J:\I;ITY SELL5\C1>iH:S cOt.'l LASALlE.cARL lONMAOlSON lOTS D:MlB,aoc 2 simultaneously withsw;h rsp;lyml1ltll. Buyersilall tetum Per$onally Md vacate Real Properfyand, ~rwey it to Sellee by $pel;ial wammty deed,. If Buyerf~tlsto~ke timely d~m!lnd for refund.6uyer $hail tl3.ke title oasis". waMng all rlghls a~instSl!llsrasto any intervening .Qef~texcept.a&'.may.be available to Buyer by lIiclOs of warranties. contained let the deed. The el;crowandOlosin~procedlJre requiled by this provislonshaJl be wail/edif title agent insurssadVerse matters pursuant to Section 627.7B4-1, F-S. (1987liBsamended. 16. OFFAIIL T If Buyer f~lilstociose within the! time specified (illCluding payment .ofalldeposif{s)), Ihedepcsit(s} paid by Buyer may be retaioedby Or fOr the account of Seller as agreed upon liquidated dlil'Tlages, consicklration lor the execlJtion Clfthis contracland in fullsettlemantot any claims; \\Il1ElfeUPon' Buyer a,np Seller shall be reliev8dof 1.l11 ob~gations underthlsC9'ltract Itror any rea$ono,therll\lltllaaure()fS~I~r t(l rnal!.~ S4ol1letstltle mark~table after diligent effort, ~eller fails, neQ!eotsor refuses to piirlorm !Ills con1rael,lI'IeBuyer may &e.9kspeaflC perft)fmarte~ or el~ to receive the raturn of, auyer deposit($l without thereby waiving , lIoy Bellon fer damages resulting from Seflers breach- Seller does nolwaive any rightll,claim$; or actionfpr.di'll118gesresulilng IromBlJyer's fairuretQ perform any other terms of this ~tracl, 11. RADOIl,l r:A$ t;lOTlJ:'lCATlON RADON GAS: Radon is anaturaUyoeeurringradloacliv!;lga$ltull.\Yhenllryas accumulated in a building in sufficient quantities, may presllnthealth risks to peISOn$whoare.expol'le-dtQ1tover time, Levels.ofradon Il1at exoeEl(j federal and state guldeliflel> have been found in bUildings In Florroll. Additional Information re-gardjn~ radOn and radon lesting may be oblained from your coumy pubrlc heallh unit, 18.C()NmACT~OT RE~ORO~Rl~: pJ:R$n~SgOlJNO Neither lhis contract nor any notIce of it. shall be recorckld 'nany public records. This contract sl')all. bind and inurc to lhe benefit of the parties a~d .lhelr successors In Interest. WheneVer the COIltOXf permits, singular shall include plural and ana goodl;lr Sl1aU mcfUOO .all. 1!;!, /'<IOTlCE; All notices provided for herefnshall be deemed to have basn duly given if and WnS!1dClPoslled InUlla United Slates Mail, properly stamped and 8ddressedlo the respective party 10 be notified, il'lcludlngthe parties to this contact, the partiEls altomeys, escrow agent, ifls~eclors, contractors and all athENS Who wiU in Clny way act at the behest of the partleslO satisfyaUlerrm; and oonClooCls ol tl1ls contract. 20, ~SSIGt\l~~ltJTY' PF~!I;Obl::: FlpllNO This contract is not asSignable, 'fhelerms "Buyor", 'SaIJer..~nd "f.lroker.(lfany) may be si119ular or plural, This Contract is binding upon Buyer. saller, and their herrs, persooalrepreS9nlatMils, sUcce:sso~and assigns (if assignment is permittod), 21. ATTORNt'V FFESj COSTS In. any Iiligl3tionarislngoul. ot !his contract, the pll~valling party shall be entitled to rec.o\l~r reasonable attorney's fees and COSrs:, 22..1'1I0 BROICER S~/Ier. and Buyer repfesent and agreettlay have d~lt whh nO Broli13r or finder in cOIloaction with the transacllons cpntamplated hereby, SeUer and Buyer further agree 10 indemnIfy the DthElf'. ltom, iln:;. dam.. fiab1lity or expan~e either rn~y S1.!ffera~aresult of any claim 01a Broker or find~ with whom il is delermlntlli .1I1at thaother party has dealt with i~ contravention of lhi$ag,,"menl;excepl. however, lhettolal Cityobligalions Undar Ihis provision shari be subj~ct 10 Ihelimitsand reslrlc~(lns 01 the FlorIda sovenalgn immunity statute. f,S; 7.66,28, 23. $PF~IAL cl ~~SFS~ TVPF'^(RrrTI;N oR HANOWRITT(;N P~OVtSIONS Buyer acknowfedgesthat precedent to d~velopmentof.'hiscor\trecIBuyersUbmlttad 1310 ReSPONSE FORM (12,06) attached nefetQ as FXHI6IT"~", and/hat condilJoll$ c11ed thareinare an integral part at lhls agre&m&nl and by execution hereof agra~ to timely comply with all of its plOVisions, T}'Pewntten or handWritten provtslOflS shall control all printed provislons.ol canl13Ct In conflict with them. 24. J:I=F$;CT OF PARl1AL INVAlIDITY The Invalidity 01 any proviSion of thi$ contract will not and shall not be deemed to effecllhe validity ohmy othoc U \C1T'l' SHlS-'CNHS C{JNT v\5ALLE'CAflL rON,M;.DISON LolS ;)3(j&llot 3 provision, In lha c,vt;int thalany provil;ion 01 this cor\tracU$ held to be invalid, th$ parn~$~SJree that the remaining provisIons: shall be de$rood to be inftilllorce and alleet a,S lIthe)' tlad. been E1xe(;uted by both pdmes$ubsequeril 10 me expungement 01 the Jnvalld provl:si~m, 25. CiiOV~e~I~G LAW It is agreed by and between the parties hereto that thiS.COflfracl shall begowmed by, construed, and enforced in accordancE! with the law,Softhe State 01 Florida 25, C(}UNTFRPARTS; FAnRIMI~ ~ COPY This. contraol~ybeeJ(ecutedio two or more C()unlet-part~. eachaf which shall b~ deemed an OrigiAaland all of which t~elhetshall constitute, one instrument. A facSImIle, ~oP'Y Ql IhlS contract, Jncludlnganyaddendum. attachments and writtef'llT\()dlficlltions hereof. andanylnltialso!signalufj':;l thereon snail b,E! deemed an origina.!. 27., MFRCiiJ;R BV OfFD Atlcovenaots, warranlies,andrepresenlationscontaillsdhe"illsnall merge with the. dead a! lime 01 dOsing, except as may. be specdioallye:J{cluaed e~erein tliisagfeement Upon. dlilI\l6ry of deOO by the City, and acceptance thereol by Buyer,lhe Buyer st'\.all hoid the City forever harmless thereafter, 28. !;tlITlRF A~~l=FM~NT Upon ,execution by $ellerandBwer, W$ contract shall C01ls.tltut~ the. entlre, agreement between the pilrties. shiJU supersecleanyandali priQr and contemporaneous written and oral promises, repre$enmtionsor condition In u:specl thereto.. All prior negotiations, .agreements.. memoranda, and wrilings.shaii be merged ,herein. Any changes to be made in lhis agreement shall only 00 vand whfim expressed tn writing, acknowfedgec;fbythe parties and incorporated hereIn tlr attaph#d hereto. THIS ISIN"rENOEO TO BEA L.EGALLYB1NDING CONTRACT. IFJ~OT fULL YUNOERsrOOD, SEEK THE A~VICE OF AN APPROPRtATEPROFESiSIONAL FOR l.EGAL, TAX. ENVIRONMEI\lJ'Al AND OTHER S.peCfAUZED ADVICE PRIOR TO SIGNING. Data;~.t'L 1,:2_,2006 Attest; ~___.__'_'_.'_ _ '"'..,,,.... "....~.._...........:..........'" .....,~"'.'"'....'''___..__..._...,.............;.....;Ol'''''.. ..-_______...."".... .....--------.--...-----~-....................................,...,."'....."'--------..-........-- , APPrlOVEOANO ACCEpTED THiS_ dayot .2006. Countersigned: CITY OF CLEARWATER, FLORIDA ""'" i#, Flank V. Hibbard, Mayor WUliarrt B. Horne, Ii, City Manager Approved as tolorm: ATTEST: .. "". laura LipawSkl, Assistant City Attorney Cynthia ~ Gougeau.City Clerk U.\ClfY sE.u.s\C~HS CON r LASJol.lE,CARLTOf..!.l",OlSDN LOrE> OSlJm"OOC 4 -I EXHIBIT HA" BID RESPONSE FORM {t2 - 06\ ITEM NO. QUANTITY PROPERTY DE.SCRIPTI10N 1. ONE #10/29/15/65118/00310160 PALM PARK, Blk. C., LQt16 2. ONE #10/29/151268921001/0,060 FAIRMONT SUB., Blk. G, Lot 6 BID AMOUNTS $ '/$;fJRtl , $ 'If; ()(l(J #10/29/15/26892/007/0070 f .11'J 111/7 FAIRMONT SUB.rBEk. G. Lot 7 $ 7f/ J 00[/ I TOTAL BID AMOUNT.................u....... $l? 0tJ()t) PERSPECIFICATJONS& CRITERIA APPLICABLE TO INVITATION FOR BID NO. 12..06: .REQUIRED MINIMUM BID OFS40.00D FOR ITEM #1, AND REQUIREI) MINIMUM BID. OF $36.000 EACH FOR ,,'TEMS #2 & #3. SUCCESSF)JL.BJDDEFI(Sl MUST COMMITTTOBUILD AFFORDABLE RESJDENTlALHOUSING FOR QtJAL1FiEDBUYERS WITH .HOUSEHOLD INCOME UNDER 80% OFAREA MEDIUM INCOME. 3. ONE FOR QUESTIONS REGARDING THIS BID, CONTACT: EARL BARRETT.. REAL ESTATE SERVICES MANAGER PHONE: (727)562-4754 FAX: (127)562-4755 F. O. B. CLEARWATER, FLORIDA BIDDER. REPRESENTATION I represent that this bid is submitted in compliance with ail terms,condftlons, specifications and other bid criteria of the INVITATION FOR BID and that lam submitting this bid on my OWn behalf cram authorfzed by the prospective owners/principals to execute and submit this bid on behalf of the entities identified below: Il/&fht/~ /Y/IS BlISINESSI!E /J .. . ,d ~flR I ~ :/1K~ U..'~.. R.EET. '. AD. DfI.ESS .. ~ ~~J '7Z 8:3?SJ- CtTY/STATElZIP / ~ 7-54 if ~/M' PRINT: YPE NAME OF AUTHORIZED REPRESENTATIVE SCj-/l1fcff/3 FEDERAL IOENTIFICATlON NO. (IF APPLICABLE) v S-/-ft)~ DATE SID SUBMIITED &ti?~L yll:J -~.zS.j' , T UiPHONENlIMBER FYI AGENDA ITEM #2010 ..LOCATOR MAP CNHS PURCHASE - THREE VACANT LOTS 1(: :~. : .IJ~j;1 t J. l41i' :Lr:~,"'~~~~~ I, _"lI~ .rt'" . \ '....:=... * ,.' 1M..'. ... /.\1....... " · ,. ,.' c ... . · =...... I ~ ~:lY ~i, ~~l::: .,-; c: : _I ~i,~: I ~,., f... -....., --- -- ~--.. .... It ... ""lW" .-- ~ :'""1.." t;t~:~~~ ~-;:~I~~'~ l:~i.:":':~. . :':~:.': .~: .;~:..'~ ~ r~~ -. .,. - .. - 4' - II '." . . '" .. ......., /of ~.&..I , IF -.. .: I 1'" 1 l t' ; ;, JE :.:.:. ~; ,~ ~":'J!!f /I/;l City Council w,_",~c::~ver ~,~I'!!~!,!ndum,,__w Tracking Number: 2,066 Actual Date: 04/20/2006 Subject / Recommendation: Appoint Councilmembers as Representatives on Regional and Miscellaneous Boards: Hibbard - Mayor's Council, Tampa Bay Partnership Board of Governors and Policy Board, Metropolitan Planning Organization; Jonson - Suncoast League of Municipalities Board of Directors, Tampa Bay Estuary Policy Board, Courtney-Campbell Scenic Highway Board, Pinellas County Economic Development Council, Pinellas Suncoast Transit Authority; Hamilton - Barrier Island Governmental Council, Pinellas Planning Council, Pension Advisory Committee; Petersen - Tampa Bay Regional Planning Council, Homeless Leadership Network, Sisters Cities Advisory Board, Pension Advisory Committee; and Doran - Homeless Leadership Network, Pension Advisory Committee. Summary: See Attached Document. Oriainatina: Official Rec and Legislative Svc Section: Consent Agenda Category: Other Number of Hard CODies attached: 0 Public Hearina: No Financial Information: ~ Other Review ApDroval Cvndie Goudeau 04-20-2006 15: 13: 19 2006 Regional and Miscellaneous Boards Current Appointments Board (Date/Time of Meetinq) Tampa Bay Regional Planning Council (TBRPC) (2nd Monday -10:00 a.m.) Suncoast League of Municipalities Board of Directors (3rd Saturday -11 :00 a.m.) Mayor's Council of Pinellas County (1stWednesday-11:30 a.m.) Barrier Island Governmental Council (4th Wednesday - 9:00 a.m. -location TBA for each meeting) Tampa Bay Partnership Board of Governors (as called) Tampa Bay Partnership Policy Board (bi-monthly - 9:00 a.m.) Tampa Bay Estuary Policy Board (quarterly - 1 :30 p.m.) Councilmember highly recommended Homesless Leadership Network Courtney-Campbell Scenic Highway Board Deleqate Petersen Jonson Hibbard Hamilton Hibbard Hibbard Jonson Petersen Doran Jonson The following Boards have the specific term expiration date noted: Pinellas County Economic Development Council (term expires 7/31/07; two-year term) Pinellas Planning Council (PPC) (3rd Wednesday - 9:00 a.m.) (term expires 12/31/2006; two-year term) Pinellas Suncoast Transit Authority (PST A) (4th Wednesday - 9:00 a.m.) (term expires 9/30/2006; three-year term) Metropolitan Planning Organization (MPO) (2nd Wednesday - 1 :00 p.m.) (term expires 9/11/2009; four-year term) Jonson Hamilton Jonson Hibbard Page Two Board (Date/Time of Meetinq) Sister Cities Advisory Board (term expires 12/31/2006; four-year term Pension Advisory Committee (PAC) 2nd Thursday - 9:00 a.m. (two-year term) Appointments by other entities Downtown Development Board Ex-Officio Members (CRA Trustees) Convention Visitors Bureau (CVB) (County makes appointment) Metropolitan Planning Organization (MPO) Chair, Local Coordinating Board for Transportation Disadvantaged Pinellas WorkNet Board Term expires 6/30/2007 (two-year term) u.S. Conference of Mayors Florida Conference of Mayors (FLC) FLC Transportation & Urban Administrative Policy Committee Deleqate Petersen Petersen 4/4/2007 Hamilton 4/4/2008 Doran 4/4/2008 Petersen Doran Hamilton Jonson Jonson Hibbard Hibbard Jonson City Council ~~9!!!,!!a C~~e!~!.!:TI~~<!:!~~dum pu.- \ /1-13 Tracking Number: 2,018 Actual Date: 04/20/2006 Subject / Recommendation: Approve a one-year extension for Polymer Services (04-0063-UT) (RFP #16-05) to Polydyne, Inc., of Riceboro, GA, for the sum of $189,946.83 and authorize the approprpiate officials to execute same. (consent) Summary: Polymer is used at the City's biosolids handling facilities to process sludge generated by the City's three Advanced Wastewater Treatment Facilities. The polymer is a coagulant that "thickens" wastewater sludge, increasing the percentage of solids in the waste stream. Thickening the sludge significantly reduces the amount of money required to haul and dispose of the waste material. The hauling and disposing duties are handled under the scope of a separate contract. The City advertised the Request for Proposal (RFP #19-05) and required the potential suppliers to complete performance testing. Polydyne, Inc. was selected as the best performance polymer and has performed satisfactorily over the last year. RFP #19-05 is a one-year contract (purchase order BR501480) with the option to accept two (2) one-year extensions. The fixed price of the first contract period may be adjusted to account for variances in industry market pricing of raw materials and based on market pricing indexes. The cost includes an adjustment of 3.4 percent. The new unit price will be $0.95/LB and is competitive in the marketplace. Sufficient budget is available in the Water & Sewer Utility Fund operating cost center 0421-01351-551000-535-000-0000, WPC Operations, to fund the current year cost of this contract, and is planned in the budget request to be brought forward for the 2007 fiscal year. Originating: Public Utilities Section Consent Agenda Category: Basic Purchasing item Financial Information: Type: Purchase Bid Required? Yes Bid Numbers: RFP 19-05 In Current Year Budget? Yes Current Year Cost: $189,946.83 City Council ~a Co~er=~~~a.l)dum For Fiscal Year: 06/01/2006 to 05/31/2007 Total Cost: $189,946.83 Appropriation Code(s) 0421-01351-551000-535-000 Amount $189,946.83 Comments Review Approval Andv Neff Bill Horne 03-23-2006 15:25:52 04-07-2006 15:04:33 03-24-2006 15:49:45 04-06-2006 12:39:46 03-27-2006 08: 12:09 04-07-2006 14:51:13 Cvndie Goudeau Georae McKibben Garrv Brumback Tina Wilson =RE '. PU-l " ,/3 CITY OF CLEARWATER, FLORIDA REQUEST FOR PROPOSAL (RFP #19-05) FOR POLYMER SERVICES OPEN APRIL 15,2005 AT 4:00 PM TO BE DELIVERED City of Clearwater Purchasing Manager Municipal Services Building 100 So. Myrtle Avenue (3rd) Floor Clearwater, FL 33756 Or mailed to Purchasing Manager George McKibben PO Box 4748 Clearwater, FL 33758-4748 TABLE OF CONTENTS .' Section Title PART A. GENERAL INFORMATION 1. INTENT. . . . . . .. . . . .. . .. . . . . .. . . . . . . . . . . .. . .. ... . .. . . .. .. . .. . . . . . . . . . . . . . .. . .. . .. . .. .. ... . . .. . .. 2. CALENDAR OF EVENTS............................ ..................................... 3. AWARD............................................................................. ........... 4. VENDOR QUALIFiCATIONS............................................................ 5. INSTRUCTIONS -INFORMATION TO BE SUBMITTED........................ 6. EVALUATION CRITERIA...............,.................................... ............... 7. PERIOD OF CONTRACT..................................................... .............. 8. PRiCE.,........................................................................... ............... 9. PAyMENT/INVOiCES..................................................................... 10. REFERENCES.............................................................................. 11. CONTRACT ASSiGNMENT............................................................. 12. PERFORMANCE BOND.............. ....................................... ............. 13. INSURANCE................................................................................. 14. FISCAL NON-FUNDING.................................................................. 15. INTERPRETATIONS/CLARIFiCATIONS............................................. 16. VISIT TO SiTES......................... .................................................... 17. SOURCE FACiLITIES...........................................:......................... 18. EXTENSiON.................................. ............ ................................... 19. INDEMNIFiCATION........................................................................ 20. CONTRACT COMMUNiCATIONS................................................. ..... Page 3 3 3 3 4 4 4 4 4 4 5 5 5 5 6 6 6 7 7 7 PART B. SCOPE OF WORK AND PRODUCT SPECIFICATIONS 1. SCOPE & PURPOSE...................................................................... 8 2. PROPOSAL QUANTITy..................................................... ............... 8 3. PROPOSAL FORM........................................................................ 8 4. USE OF PRODUCT OR OTHER SUPPLIERS...................................... 9 5. POLYMER TRIAL SPECiFiCATIONS........ ........... ........................ ...... 9 6. COMPLIANCE WITH SPECiFiCATIONS............................................ 9 7. GENERAL CONDITIONS................................................................. 9 8. PRODUCT SPECiFiCATIONS.... .......... ............................................ 10 9. MATERIAL.......................................................................... .,......... 10 10. PRODUCT CONTAINERS........................... .................................... 10 11 . DELiVERy................................................................................... 11 12. CANCELLATION OF CONTRACT..................................................... 11 13. TECHNICAL SERViCE.................................................................... 11 14. PATENT INFRINGEMENT..... ........... .................. ......... ... ......... ........ 11 PART C. SUPPLEMENTAL STANDARD CONDITIONS 1. APPROPRIATIONS CLAUSE........................................................... 12 2. PROTEST PROCEDURES.................................................. ............... 12 3. NO CORRECTIONS CLAUSE... ....................................................... 12 4. OPENNESS OF PROCUREMENT CLAUSE........................................ 12 5. NO COLLUSION CLAUSE............................................................... 12 6. INFORMALITY/REJECTION CLAUSE................................................ 12 7. NON-DISCRIMINATION & EQUAL OPPORTUNITY.............................. 13 8. CONFLICT OF INTEREST.................................................. ............... 13 Page 2 of 13 PART A. GENERAL INFORMATION 1. INTENT It is the intent of this Request for Proposal to receive proposals from qualified firms to provide polymer for sludge dewatering processes for three advanced pollution control facilities. The City of Clearwater desires to establish the most cost effective annual cost for sludge dewatering. 2. CALENDAR OF EVENTS The tentative schedule associated with the circulation of the RFP and submission of proposals is: DATE March 14, 2005 March 21, 2005 April 15,2005 April 15,2005 May 5, 2005 May 5, 2005 May 5, 2005 April 30, 2007 3. AWARD TASK Release Date - Advertise and issue RFP's Vendor Demonstrations Begin (refer to Part B - Section 5) Sealed Proposals (RFP' s) Due Selection Committee Recommendation to City Council City Council Approval - award of contract by Council Contract initiation! start date (if approved by Council) Contractor Begins Work Contract Period Ends (without 1 year-extension) Proposals will be reviewed and evaluated by a group consisting of qualified City Staff and Consulting Engineers. The proposals will be evaluated on cost, level of treatment, proposer qualifications, and the financial capability of the proposer. The City shall not be bound to make an award based only on the lowest price. The City reserves the right to award to multiple providers. The City reserves the right to reject any and all proposals. 4. VENDOR QUALIFICATIONS In addition to requirements specified in the following paragraphs, the bidder should provide the following information as qualifications: a. # of years experience providing similar service. b. At least three (3) Contact names and telephone numbers of entities receiving similar services (municipal agreements will be viewed favorably). Page 3 of 13 5. INSTRUCTIONS - INFORMATION TO BE SUBMITTED Six (6) original proposals must be submitted and must include Bidder's Proposal Form as described in Part B, section 3 (Attachment A), Insurance Certificate (Attachment B), Bonding Certificate (Attachment C), and Reference List (Attachment D). 6. EVALUATION CRITERIA Evaluation will be performed by the evaluation team consisting of City Staff (Public Utilities (3 individuals), Engineering (2 individuals) and Purchasing (1) Departments) and consider proposal pricing included in Attachment A along with the proposer's qualifications indicated in a response to Item #4, Evaluation will be performed on a weighted average basis with the following factors utilized to determine the award recommendation: Price: 80%, Qualifications: 20% 7. PERIOD OF CONTRACT The term of the contract awarded as result of this proposal shall be for twenty.four (24) months from the date of execution of the agreement with an option for a one-year extension at the discretion of the City. 8. PRICE The price shall be firm for the contract period and the optional extension. Prices proposed shall be inclusive of all labor, equipment, and material to accomplish the specified service noted on the prpposal form. 9. PAYMENTIINVOICES The proposer must specify on the proposal submittal form their exact company name and address. This name must be the same as invoices submitted for payment as a result of award of this RFP. The successful proposer(s) will be responsible for immediately notifying the City of Clearwater Purchasing Department of any Company name change that would cause invoicing to change from that originally submitted. 10. REFERENCES Reliability of service shall be evaluated to determine the lowest responsible proposal according to Item #3 of Part A: General Information. Proposers must provide a reference list of entities for whom they have provided similar service. It is the intent of the City of Clearwater to inspect all equipment and facilities used in performance of the contract. Page 4 of 13 11. CONTRACT ASSIGNMENT No portion or part of the work specified in the RFP or in the award of contract may be assigned or subcontracted without the written approval of the City of Clearwater, Public Works Administrator andlor the Public Utilities Director. The written request from the Contractor to the Wastewater Supervisor must state the extenuating circumstances that have necessitated the use of a subcontractor for the Work. The Contractor prior to subcontracting any portion of the project work must receive written approval from the Wastewater Supervisor. 12. PERFORMANCE BOND The successful proposer must supply a performance bond in the amount of ten percent (10%) of the total of the award prior to the City of Clearwater's executing the contract or issuing a purchase order. 13. INSURANCE The contractor or Vendor shall obtain or possess the following insurance coverage, and shall provide Certificates of Insurance to the City to verify coverage prior to commencing operations under the contract. The insurance coverage shall contain a provision that forbids any changes or material alterations in the coverage without providing 30 days prior notice to the City. 1, Workers Compensation: Each Contractor or Vendor shall provide Workers Compensation coverage for all of its employees at the work location. The limits shall be statutory for Workers Compensation and $100,000.00 for Employers Liability. 2. Comprehensive General Liability: Each Contractor or Vendor shall provide coverage for all operations including but not limited to: contractual services, completed operations, and Personal Injury. The limits shall be not less than $1,000,000.00 Combined Single Limits (CSL) or its equivalent. The City of Clearwater is to be added as an additional insured. 3. Comprehensive Automobile Liability: Each Contractor or Vendor shall provide coverage for all owned and leased or rented vehicles for limits not less than $500,000.00 Combined Single Limits (CSL) or its equivalent. The City of Clearwater is to be added as an additional insured. 14. FISCAL NON-FUNDING In the event sufficient budgeted funds are not available for a new fiscal period, the City shall notify the contractor of such occurrence and the contract shall tenninate on the last day of the then current fiscal period without penalty or expense to the City. Page 5 of 13 15. INTERPRET A TIONS/CLARIFICA TIONS No oral interpretations will be made to any firm as to the meaning of specifications or any other contract documents. Every request for interpretation must be in writing and shall be received by the City of Clearwater Purchasing Director no less than ten (10) calendar days prior to the date set for the opening of proposals. Significant interpretations or clarifications shall be made as an addendum to the RFP documents. All addenda will be sent as promptly as practicable and become part of the contract documents. 16. VISIT TO SITES There will be a NON-MANDATORY scheduled "Pre-Proposal Conference" on March 21,2005, starting at 9:00 AM at the Marshall Street APCF. The intent of this conference is to familiarize the contractor with each of the facilities and review the intent of the RFP. It is highly recommended that the proposing contractor utilize this opportunity to access the areas, since there will be no guarantee that personnel will be available at other dates & times. Contacts and physical location of the facilities are identified in Section 17 of Part A General Information. 17. SOURCE FACILITIES City of Clearwater Northeast Advanced Pollution Control Facility 3290 State Road 580 Clearwater, Florida 34695 (727) 462-6667 Contact: Roger Hooey, Lead Operator City of Clearwater Marshall Street Advanced Pollution Control Facility 1605 Harbor Drive Clearwater, Florida 33755 (727) 224-7690 Contact: Jeff Borden, Lead Operator City of Clearwater East Advanced Pollution Control Facility 3141 Gulf-to-Bay Clearwater, FL 33759 (727) 462-6667 Contact: Loren Pratt, Lead Operator Page 6 of 13 18. EXTENSION The length of this Contract shall be for twenty four (24) months. Contingent upon satisfactory annual performance, there is an option to extend this contract for an additional year at the same per unit prices. Upon written authorization of both parties within 60 days of the expiration of this contract, either party may contact the other party. 19. INDEMNIFICATION The first ten dollars ($10.00) of compensation received by the Contractor pursuant to this contract represents specific consideration for the following indemnification: The Contractor shall defend, indemnify, save, and hold the City of Clearwater hannless from any and all claims, suits, judgments and liabilities for death, personal injury, bodily injury, or property damage arising directly or indirectly from the performance of this contract by the Contractor or it's employees, including legal fees, court costs, and any and all other legal expenses brought on account of any injuries or damages received or sustained by any person, persons, or property by or from the said Contractor; or by , or in consequence of any neglect in safeguarding the work: or by, or on account of any act or omission, neglect or misconduct of the said Contractor; or by, or on account of any claims or amounts recovered under the "Workers Compensation Law" or of any other laws, by-laws, ordinance, order or decree, except only such injury or damage as shall have been occasioned by the sole negligence of the City of Clearwater. 20. CONTRACT COMMUNICATIONS All operational communications relative to this contract after award and contract execution shall be provided to the Contractor's operational manager via telephone and/or fax, and duplicated in writing (if not conveyed by facsimile) to the Contractor's operational manager. The Contractor is to provide a contract administrator for the purpose of cooperation and coordination of activities regarding operations, conflicts, resolutions, etc. Page 7 of 13 PART B. SPECIFICATIONS AND SCOPE OF WORK 1) SCOPE AND PURPOSE a) The purpose of this RFP is to establish the most cost effective annual cost for the City of Clearwater's sludge dewatering. The purpose of this RFP also includes, establishing a firm price, source and delivery of polymer for sludge dewatering processes at the Northeast Advanced Wastewater Facility, at 3290 State Road 580, Safety Harbor Florida, the Marshall Street Advanced Wastewater Facility, at 1605 Harbor Drive, Clearwater Florida, and the East Advanced Wastewater Facility, at 3141 Gulf to Bay Blvd, Clearwater Florida. b) The dewatering processes are belt presses and rotary drum thickeners. There are belt presses at the Northeast and Marshall Facilities. The East, Marshall Street and Northeast Facilities have rotary drum thickeners. c) Only companies that meet the minimum trial qualifications will be permitted to submit a Proposal. d) Once the vendor has determined which product or products that will be used, the vendor will supply the polymer for testing at no cost to the City. e) The contract will be for two (2) years. The polymer is to be purchased in accordance with the attached specifications, by the City of Clearwater Purchasing Department. 2) PROPOSAL QUANTITY a) For bidding purposes, vendors can use the estimated yearly polymer usage of one hundred twenty, three hundred gallon totes. However, no guarantee is made to the successful bidder as to the total amount of polymer to be purchased per year or over the life of the contract. 3) PROPOSAL FORM a) The RFP form will contain a qualified emulsion type product, listed by manufacture's name, the name of the exact product to be supplied, and contact person. Each bidder will provide a price per pound of their product. The RFP will also include the belt filter presses discharge percent total solids, belt press subnatant (MLSS mgll), and the belt filter presses polymer cost per dry ton. The RFP will also include the rotary drum thickener discharge percent total solids, rotary drum thickener subnatant (MLSS mgll), and the rotary drum thickener polymer cost per dry ton. b) The price per pound shall include freight cost from source of supply to destination, as well as any special handling cost or equipment necessary to utilize product. The City reserves the right to award the contract based on the determination of what is best for the City. Award will be on an all-or-none basis. The contract award for the belt filter press operation will be decided based on either of the following two methods. The lowest cost, based on cost per dry ton of solids handling or if the polymer gives the City a reduction in sludge hauling costs, due to a higher percent solids, that results in a greater savings than the higher cost of the polymer. Page 8 of 13 The rotary drum thickener award will be based on cost per dry ton. All quotes shall remain firm for two (2) years from the date of contract execution. c) The polymer must demonstrate the same performance characteristics for the product as was used for the bid purposes during the entire contract period. Failing to meet same performance characteristics could result in re-awarding the contract to a second bidder. 4) USE OF PRODUCT OR OTHER SUPPLIERS a) The City of Clearwater reserves the right to purchase sufficient quantities of polymer products from other suppliers, during the term of the contract, for testing and evaluations. 5) POLYMER TRIAL SPECIFICATIONS a) Each Vendor will be required to perform trial demonstrations at a date and time to be jointly agreed to between the City and the Vendor. The schedule will be tentatively agreed to at the pre-proposal site visit (refer to Part A - Section 16) Each Vendor may use two polymers. Each Vendor will have two days for polymer testing. The start time will be 7:00 am and the ending time will be 2:00 pm for each day. The belt filter press and rotary drum thickener will be operated by plant staff. The polymer trials will be held at the Northeast WWTP. b) No 1 belt filter press feed will be 60 gpm c) No.1 rotary thickener feed will be set at 40 gpm. d) Belt Filter Press Qualification Specifications 17% Solids minimum Subnatant 200-600 mgll e) Rotary Drum Thickener Specifications 4 % solids minimum Subnatant 200 to 500 mg/l 6) COMPLIANCE WITH SPECIFICATIONS a) Quote only in strict compliance with these specifications. Questions addressing the specifications and/or terms and conditions, contact Tom Neitzel, Public Utilities Dept. Water Pollution Control Div. (727) 562-4960 ext 7248. 7) GENERAL CONDITIONS a) Signature on the RFP cover sheet verifies that the quote is acquainted with the general conditions of the contract and will comply with all specifications, terms and conditions contained in the bid invitation. b) The City of Clearwater reserves the right to waive any informality in, or reject any or all quotes, and to withhold the awarding of a contract for a period of not more than sixty (60) days, after the date of the bid opening. Page 9 of 13 I . 8) PRODUCT SPECIFICATIONS Under the contract resulting from this bid invitation, supplier shall furnish and deliver an emulsion type polymer product, for the use as sludge flocculent, for the dewatering processes for a period of 24 (24) months. 9) PRODUCT MATERIAL a) The material to be furnished will be evaluated by the Water Pollution Control Division. By submission of this proposal, bidder guarantees that the product offered will meet the following specifications, when in ordinary use, by the Water Pollution Control Division. i) Viscosity - Product must be compatible with existing polymer svstem. ii) Temperature - Product's effectiveness shall not be altered significantly. due to temperature. Supplier will provide recommendations for handling product. iii) pH - Product must not cause adverse affects when dewatering sludge. iv) Shelf life - Product must maintain 90% of its effectiveness for a period of six (6) months after deliverv. Physical and chemical characteristics of the product shall not change during this period. If the product solids has tendency to settle or separate. vendor must supply necessary equipment to maintain solids in suspension. A tote bin mixer will be required. b) Products and components of product shall meet the requirements for non- hazardous materials, according to the guidelines of the Hazardous Waste Act, (effective 11/19/80). c) Product must not cause an adverse affect, in any way, in the polymer system, the dewatering system, or the receiving streams, or that would require additional treatment before discharge. 10) a) PRODUCT CONTAINERS Product will be delivered in returnable tote bins (300 gallons), with return being coordinated or established by vendor, and at vendors' cost. b) Defective containers that are leaking or preventing nonnal use will be returned at vendors' cost. c) Containers must be of sufficient sturdy construction to be capable of being moved on plant grounds by a forklift without damage. d) Containers must have provision for insertion of a product mixer. e) Containers must have a standard U.S. 2 inch pipe quick- connect capability for hook-up to City's polymer feed equipment, or must include at no cost, adapters to achieve quick connect capability. f) Vendors will be responsible for timely removal of empty containers at no cost to the City. g) Polymer offered in bid must be certified as commercially available in production quantities. h) No dry polymers or manic polymers will be accepted. Page 10 of 13 11) a) DELIVERY The polymer shall be delivered to the respective plant, between the hours of 0730 and 1600, Monday through Friday, unless otherwise arranged by the treatment plant. The City will not be responsible for any charges, if delivery is made at other than above specified times, unless previously scheduled by the treatment plant. b) The polymer must be delivered within four (4) working days after placement of order. For expedient reception of delivery, the plant should be given a twenty-four (24) hour notification of anticipated delivery time. c) The vendor will be responsible for timely removal of empty tote bins. d) Rejection of Material e) If any shipment of polymer is proven to be below the quality required by the Product Specifications, the City reserves the right to reject that shipment. The vendor at the vendor's expense shall remove the rejected material. The vendor shall then replace the rejected material with satisfactory material or credit the City, with the full delivered price of the rejected material. 12) a) CANCELLATION OF CONTRACT Either party may cancel the contract in whole or in part, given sixty (60) days prior written notice. b) Should the polymer for any reason prove unsatisfactory for the purpose intended, or should the polymer not perform in accordance with values established during polymer trials, or should there be a decline in effectiveness the City reserves the right to cancel the contract with thirty (30) days written notice. c) If the vendor is in consistent violation of the Service or Material Specifications required, the contract may be canceled with thirty (30) days written notice. 13) TECHNICAL SERVICE a) In case of emergency, regarding the polymer product, the vendor will be required to provide technical assistance within twenty-four (24) hours of notification of such need. To insure that this can be met, it is further specified that the vendor have a qualified technical service representative residing in the state of Florida, throughout the contract period, or otherwise guarantee in writing, the 24-hour on- site assistance. 14) PATENT INFRINGEMENT a) The vendor shall indemnify, save harmless, and defend the Public Utilities Department and the City of Clearwater from, and against, any and all suits, actions, legal proceedings, claims, demands, costs, expenses, and attorney's fees incident to any infringement, or to any claimed infringement, of material furnished under this contract, or in any way connected therewith, or with the use thereof, by the Public Utilities Department, of the City of Clearwater, Florida. Page 11 of 13 PART C. SUPPLEMENTAL GENERAL CONDITIONS Hpr U~ ~UU~ !~:~urn ~nr rU~TUTn~ ~n~ J.I.<J'UIU'""'T"'TU .....6 84/89/2085 08:44 7775624755 Et-li PAGE Ell/Bl 1IE:@U;ltW~1iil APR 0 8 200S JW iii. o , -, _ 1 rwater > ~ u . B Y: .._..__..~...._..... DATE: April., 2005 PUBUC WORKS ADMINISTRATION OFFICE FAX NO. (727) 562-4755 OFFICE PHONE NO. (727) 562-47S0 '1'0 ~ All Pro.~ective B~dd~rs and Others Concerned project Bstimator ATTN' J TOTAL PACDS :INCLUDING THISSHBET ....1 PROM. Polymer Services RPP '19-05 Rob Fahey, BQgineeriDg Specialist 7 POR: MBSSAGB: The infonation below 1. to adYi.. all PZ'Q.p&cUve b1dder. that .. will b. accep~i~ the p~po.al. b..ad on tb. mod1tied _peaificat1oD. (the due date of April 15 i. not ch.anging) , . item 1) Proposal i$ to be based on a one-year fixed price, with the City having the option for two (2) one-year extensions a~ the original proposal price inflated at a rate tied to a standa~d industry p~icin9 index - Tbe Contractor will be responsible for providing the documentation prior to the time of contract renewal for the purposes of determining the rate of odjustment. The increase will be mutually a9~eed on by the Con~ractor and the City. hem 21 The turn around time of " days from placement of order by the City to delivery by the contractor is negotiable. The Contractor is directed to include a time frame in their proposal that they can reasonably guarante:e. This timeframe MAY be weighed as a c~itical foetor in determining ~he successful contractor. PLBASE AClOfOIfLSDGE RECEIPT OF TH:J:S FAX J'OR "POLYMER SERVICES UP #19- 05H BY' PAXDfG THI:S COVER SHDT BACIt AT 727~562-4755 QR DAIL ME AT robert.fahev~mYclearwater.com. 'I'BANK YOU. CONTRACTOR: CONTACT : polydyne Inc. ,Randal Vickery, Bid Administrator PHONB: (912) 880"':'2035 DATE RECEIVED: April 8. . 2005 ISNf~ PRICING PAGE Request for Proposal (RFP# 19-05) TO City of Clearwater 100 S, Myrtle Ave. (3rd Floor) Municipal Services Building Clearwater, FL 33756-4748 PRODUCT UNIT PRlCE CLARIFLOC @ SE-792 $O.920ILB. CLARIFLOC @ SE-793 $O.890ILB. Payment Terms: Net 30 Days, no discounts, Jam~iCe-preSident Polydyne Inc. P,O, Box 279 Riceboro. GA 31323 PH. 800-848-7659 FAX 912-880-2078 REFERENCE LIST FOR CLEARWATER, FL Buffalo Sewer Authority 90 W. Ferry St. Buffalo, NY 14213 Tony Hazzan (716) 851-4664 Nassau County 2 Marjorie Lane Mineola, NY 11501 Matthew Reilly (516) 571-7100 City of Tampa 2700 Maritime Blvd. Tampa, FL 33602 John Drapp (813) 247-3451 ext.205 City of Fresno 5607 W. Jensen Ave. Fresno, CA 93706 Kim Eashoo (209) 498-1740 Broward County 2401 Power Line Fort Lauderdale, FL 33301 Ralph Aliseo (954) 831-3075 Polydyne Inc. P,O. Box 279 Riceboro, GA 31323 PH. 800-848-7659 FAX 912-880-2078 CLARIFLOC@ SE-792 POLYMER PRINCIPAL USES MANUFACTURING SPECIFICATIONS CLARlFLOC SE.792 is a high charge cationic polyacrylamide in emulsion form that is used as a tlocculant in a wide variety of municipal and industrial wastewater treatment applications, It has been success- fully applied in alIliquidlsolids separation systems including clarifica- tion, thickening, and dewatering, TYPICAL PROPERTIES Physical Form Cationicity Active Polyacrylamide Min Specific Gravity Freezing Point Flash Point Clear to Milky White Uquid so 0/0 43,0% 1.01 - 1.05 7 F, (-14 C,) >200 F, (>93 C.) PREPARATION AND FEEDING CLARlFLOC SE-792 is a single component emulsion polymer that must be pre-diJuted in water before use, In most cases, this product should not be applied neat. One method for dilution is adding the neat polymer into the vortex of a mixed tank at a concentration between 0.25-1.0% polymer (0.5% is optimum) by weight. The polymer can also be injected through a number of commercially available systems that provide in-line mechanical mixing, The best feed systems use initial high energy mixing (> 1 000 rpm) for a short time ( <30 see) to achieve good dispersion followed by low energy mixing (<400 rpm) for a longer 1:imc (10-30 min), Polymer solutions should be aged for 15-60 minutes for best results, Solution shelf life is 8-16 hours, MATERIALS OF CONSTRUCTION Cross-linked polyethylene, fiberglass, stainless steel or lined steel are the preferred materials of construction for bulk tanks, Avoid natural rubber and Buna-N gaskets as these materials swell when placed in contact with neat polymer, Unlined mild steel, black iron, galvanized steel, copper or brass are not reoommended in any part of the feed system, Stainless steel, Viton or T etlon are the best choices for pump heads, For feed lines, use PVC or reinforced Tygon tubing, Total Solids Residual AcAm Neat Viscosity UL Viscosity 48-58 < 1000 ppm 300-2000 cPs 2.6 - 3,6 HANDLING AND STORAGE Suggested in-plant storage life is 6 months in unopened drums, For best results, store at SO-SO F, Bulk tanks should be mixed by periodically recireulating the cooten1s bottom to top. Bulk tanks can am be fitted with an agitator type mixer that reaches the bottom 2 feet of the tank, Drums and bins should be mixed very well before first use and weekly after that Do not allow emulsioD polymers to fu:eze. Should freezing occur, allow the product to thaw tborougbly in a heated area and mix well before attempting to use it For spills of CLARIFLOC SE-792, sprinIde vermicuflte or equivaleot absorbant over the spill area and sweep the material into approved chemical disposal containers, Do not spray water onto a spill because 1he resulting gel is very difficult to clean up, SAFETY INFORMATION CLARIFLOC SE-792 is a mildly acidic product that can irritate the skin and eyes and should be handled accordingly, Gloves, goggles and apron are highly reoommended, Anyone responsible for the procure- ment, use or disposal of this product should familiarize themselves with the appropriate safety and handling precautions involved, Such information is outlined in the POL YDYNE Material Safety Data Sheet In the event of an emergency with this product, contact Chemtrec anytime day or night at (800) 424-9300. SHIPPING CLARIFLOC SE-792 Polymer is shipped in 55 gallon, lined steel drums containing approximately 450 pounds net or in 275 gallon nonreturnable tote tanks, Bulk quantities are also available, ADDITIONAL INFORMATION To place an order or obtain technical information from anywhere in the continental United States, caD toll free: (1101 141-1151 ALL STATEMENTS, INFORMATION AND DATA GIVEN HEREIN ARE BELIEVED TO BE ACCURATE AND RELIABLE, BUT ARE PRESENTED WITHOUT GURANTEE, WARRANTY OR RESPONSIBILITY OF ANY KIND, EXPRESSED OR IMPLIED STATEMENTS OR SUGGESTIONS CONCERNING POSSIBLE USE OF OUR PRODUCTS ARE MADE WITHOUT REPRESENTATION OR WARRANTY THAT ANY SUCH USE IS FREE OF PATENT INFRINGEMENT, AND ARE NOT RECOMMENDATIONS TO INFRINGE ON ANY PATENT, THE USER SHOULD NOT ASSUME THAT ALL SAFETY MEASURES ARE INDICATED OR THAT OTHER MEASURES MAY NOT REQUIRED, OCOPYRIGHT 1995, POLYDYNE INC, MATERIAL SAFETY DATA SHEET PAGE: 1 of 5 REV/S/ON DA TE: 07/30/2002 PR/NT DA TE: 04/13/2005 1. IDENTIFICATION OF THE PRODUCT AND THE COMPANY CLARIFLOC SE-792 POLYMER Supplier: POL YDYNE INC. PO Box 279 Riceboro, Georgia 31323 Tel: 800-848-7659 Fax: 912-884-8770 2. COMPOSITION/INFORMA TION ON INGREDIENTS Identification of the preparation : Cationic water-soluble polymer in emulsion, \3. HAZARDS IDENTIFICATION Aqueous solutions or powders that become wet render surfaces extremely slippery 14. FIRST AID MEASURES Inhalation: Move to fresh air, Skin contact: Wash off immediately with soap and plenty of water. In case of persistent skin irritation, consult a physician, Rinse thoroughly with plenty of water, also lUlder the eyelids. In case of persistent eye irritation, consult a physician, The product is not considered toxic based on studies on laboratory animals, Eye contact: Ingestion: 15. FIRE-FIGHTING MEASURES Suitable extinguishing media: Water, water spray, foam, carbon dioxide (C02), dry powder Special fire-fighting precautions: Spills produce extremely slippery surfaces. Protective equipment for firefighters: No special protective equipment required, 16. ACCIDENTAL RELEASE MEASURES Personal precautions: No special precautions required, Environmental precautions: Do not contaminate water, CLARIFLOC SE-792 POLYMER PAGE: 2 of 5 REVISION DATE: 07/30/2002 PRINT DA TE: 04/13/2005 Methods for cleaning up : Do not flush with water. Dam up. Soak up with inert absorbent material. If liquid has been spilled in large quantities clean up promptly by scoop or vacuWll. Keep in suitable and closed containers for disposal. After cleaning, flush away traces with water. 17. HANDLING AND STORAGE Storage : A void contact with skin and eyes, When preparing the working solution ensure there is adequate ventilation, When using do not smoke, Keep in a dry, cool place (0 - 30DC), Keep away from heat and sources of ignition. Freezing will affect the physical condition and may damage the material. Handling: 8. EXPOSURE CONTROLS I PERSONAL PROTECTION Engineering controls: Use local exhaust if misting occurs. Natural ventilation is adequate in absence of mists, Personal protection equipment . Respiratory protection: In case of insufficient ventilation wear suitable respiratory equipment. _ Hand protection : Rubber gloves, . Eye protection: Safety glasses with side-shields, Do not wear contact lenses. . Skin protection : Chemical resistant apron or protective suit if splashing or contact with solution is likely, Hygiene measures: Wash hands before breaks and at the end of workday. Handle in accordance with good industrial hygiene and safety practice, 19. PHYSICAL AND CHEMICAL PROPERTIES Form : viscous liquid Color: milky Odor: aliphatic 4 - 7 @ 5 g/I for product series. See Technical Bulletin for specific value, Does not flash pH: Flash point (DC) Autoignition temperature tC) Does not ignite Vapour pressure (mm Hg) 0.13 @ 20De Bulk density: See Technical Bulletin Water solubility: See Technical Bulletin ClARIFlOC SE-792 POLYMER PAGE: 3015 REVISION DA TE: 07/30/2002 PRINT DA TE: 04/13/2005 Viscosity (mPa s) : See Technical Bulletin 1 o. STABILITY AND REACTIVITY Stability: Product is stable, No hazardous polymerization will occur., Oxidizing agents may cause exothermic reactions. Thermal decomposition may produce: hydrogen chloride gas, nitrogen oxides (NOx), carbon oxides, Hazardous decomposition products: 11. TOXICOLOGICAL INFORMATION Acute toxicitv - Oral: LD50/oral/rat > 5000 mglkg - Dermal: The results of testing on rabbits showed this material to be non-toxic even at high dose levels. The product is not expected to be toxic by inhalation, - Inhalation : Irritation - Skin: May cause skin irritation with suseptible persons. - Eyes : May cause eye irritation with susceptible persons Sensitization : The results of testing on guinea pigs showed this material to be non-sensitizing, Chronic toxicity: A two-year feeding study on rats did not reveal adverse health effects, A one-year feeding study on dogs did not reveal adverse health effects, Prolonged skin contact may defat the skin and produce dermatitis. 12. ECOLOGICAL INFORMATION Ecotoxicity: The effects of this product on aquatic organisms are rapidly and significantly mitigated by the presence of dissolved organic carbon in the aquatic environment. - Fish LC50/Danio rerio/96 hr > 10 - 100 mgIL (OECD 203)(Based on the toxicity of the components using the Conventional Method.) Algal inhibition tests are not appropriate, The flocculating characteristics of the product interfere directly in the test medium preventing homogenous distribution which invalidates the test. - Algae: CLARIFLOC SE-792 POLYMER PAGE: 4 of 5 REV/S/ON DATE: 07/30/2002 IPR/NTDATE: 04113/20051 - Daphnia : EC50/Daphnia magna/48 hr > 50 mg/L (OECD 202)(Based on the toxicity of the components using the Conventional Method,) Environmental fate: The product is rapidly eliminated from the aquatic medium through irreversible adsorption onto suspended matter and dissolved organics, Bioaccumulation : Does not bioaccumulate, Persistence I degradability : Not readily biodegradable 113. DISPOSAL CONSIDERATIONS Waste from residues I unused products: In accordance with federal, state and local regulations. Contaminated packaging: Rinse empty containers with water and use the rinse water to prepare the working solution, Can be landfilled or incinerated, when in compliance with local regulations, 114. TRANSPORT INFORMATION I ' Not regulated by DOT, 15. REGULATORY INFORMATION All components of this product are on the TSCA and DSL inventories. RCRA status: Not a hazardous waste, Hazardous waste number: Not applicable Reportable quantity (40 CFR 302) : Not applicable Threshold planning quantity (40 CFR 355) Not applicable The following statement is made in order to comply with the California Safe Drinking Water and Toxic Enforcement Act of 1986: This product contains a chemical( s) lmown to the State of California to cause cancer : residual Acrylarnide Californi<! Proposition 65 information: CLARIFLOC SE-792 POLYMER IPAGE: REVISION DA TE: PRINT DA TE: 5 of 5 07/3012002 04/13/2005 I HMIS & NFPA Ratings I Health: I Flammability: I Reactivity: HMIS I CiJI II o II NFPA I I I I o 116. OTHER INFORMATION Person to contact: Regulatory Affairs Manager The information provided in this Safety Data Sheet is correct to the best of our knowledge, information and belief at the date of its publication, The information given is designed only as a guidance for safe handling, use, processing, storage, transportation, disposal and release, and is not to be considered a warranty or quality specification, The information relates only to the specific material designated and may not be valid for such material used in combination with any other materials or in any process unless specified in the text. CLARIFLOC@ SE-793 POLYMER PRINCIPAL USES MANUFACTURING SPECIFICATIONS CLARlFLOC SE-793 is a high charge cationic polyacrylamide in emulsion form that is used as a flocculant in a wide variety of municipal and industrial wastewater treatment applications, It has been success- fully appIicd in allliquidlsotids separation systems including clarifica- tion, thickening, and dewatering, TYPICAL PROPERTIES Physical Form Clear to Milky White Liquid Cationicity 60 -;. Active Polyacrylamide MiD. 40-10 Freezing Point 7 F, (-14 C,) Flash Point >200 F, (>93 C,) Density 85 - 8,7 PREPARATION AND FEEDING CLARIFLOC SE-793 is a single component emulsion polymer that must be pre-diluted in water before use, In most cases, this product should not be applied neat, One method for dilution is adding the neat polymer into the vortex of a mixed tank at a com;entration between 025-1.0010 polymer (05810 is optimum) by weight. The polymer can also be injected through a number of commercially available systems that providein-Iine mecbanicaJ mixing, The best feed systems use initial high energy mixing (> 1 000 rpm) for a short time (<30 see) to achieve good dispersion followed by low energy mixing (<400 rpm) for a longer time (10-30 min). Polymer solutions should be aged for 15.{j() minutes for best results, Solution shelf life is 8-16 hours, MATERIALS OF CONSTRUCTION Cross-linked polyethylene, fiberglass, stainless steel or lined steel are the preferred materials of construction for bulk tanks, Avoid natural rubber and Buna-N gaskets as these materials swell when pIaccd in contact with neat polymer, Unlined mild steel, black iron, galvanized steel, copper or brass are not recommended in any part of the feed system, Stainless steel, Vrton or Teflon are the best choices for pump heads, For feed lines, use PVC or reinforced Tygon tubing, Total Solids Residual AcAm Neat Viscosity ULVllICOSity 41 -48 % < 1000 ppm 300 - 2000 cPs 1.7 - 2.7 cPs HANDLING AND STORAGE Suggested in-plant storage life is 6 months in unopened drums, For best results, store at 50-80 F, Bulk tanks should be mixed by periodically recirculating the contents bottom to top. Bulk tanks can also be fitted with an agitator type mixer that reaches the bottom 2 feet of the tank. Drums and bins should be mixed very wdl before first use and weekly after that Do not allow emulsion polymers to fteeze, Should freezing occur, allow the product to thaw thorougbly in a heated area and mix well before attempting to use it. For spins of CLARIFLOC SE-793, sprinkle vennicuJite or equivalent absorbant over the spill area and sweep the material into approved cbemicaI disposal containers, Do not spray water onto a spill because the resulting gel is very difficult to clean up, SAFETY INFORMATION CLARlFLOC SE-793 is a mildly acidic product that can irritate the skin and eyes and should be bandied accordingly, Gloves, goggles and apron are highly recommended, Anyone responsible for the proc~ ment, use or disposal of this product should familiarize themselves with the appropriate safety and bandling precautions involved, Such information is outlined in the POL YDYNE Material Safety Data Sheet. In the event of an emergency with this product, contact Chem1rec anytime day or night at (800) 424-9300, SHIPPING CLARIFLOC SE-793 Polymer is shipped in 55 gallon, lined stceI drums containing approximately 450 pounds net or in 275 gallon nooreturnable tote tanks. Bulk quantities are also available, ADDITIONAL INFORMATION To place an order or obtain teclmical information fiom anywhere in the continental United S1ates, caB toll free: 1_1141-" ALL STATEMENTS, INFORMATION AND DATA GIVEN HEREIN ARE BELIEVED TO BE ACCURATE AND RELIABLE, BUT ARE PRESENTED WITHOUT GURANTEE, WARRANTY OR RESPONSIBILITY OF ANY KIND, EXPRESSED OR IMPLIED STATEMENTS OR SUGGESTIONS CONCERNING POSSIBLE USE OF OUR PRODUCTS ARE MADE WITHOUT REPRESENTATION OR WARRANTY THAT ANY SUCH USE IS FREE OF PATENT INFRINGEMENT, AND ARE NOT RECOMMENDATIONS TO INFRINGE ON ANY PATENT, THE USER SHOULD NOT ASSUME THAT ALL SAFETY MEASURES ARE INDICATED OR THAT OTHER MEASURES MAY NOT REQUIRED, OCOPYRIGHT 1995, POLYDYNE INC, r- MATERIAL SAFETY DATA SHEET PAGE: 1 of 5 REVISION DA TE: 07/30/2002 PRINT DA TE: 0411312005 1. IDENTIFICATION OF THE PRODUCT AND THE COMPANY CLARIFLOC SE-793 POLYMER Supplier: POL YDYNE INC. PO Box 279 Riceboro, Georgia 31323 Tel: 800-848-7659 Fax: 912-884-8770 2. COMPOSITION/lNFORMATION ON INGREDIENTS Identification of the preparation : Cationic water-soluble polymer in emulsion, 13. HAZARDS IDENTIFICATION Aqueous solutions or powders that become wet render surfaces extremely slippery 14. FIRST AID MEASURES Inhalation: Move to fresh air. Skin contact: Wash off immediately with soap and plenty of water, In case of persistent skin irritation, consult a physician, Rinse thoroughly with plenty of water, also under the eyelids. In case of persistent eye irritation, consult a physician, The product is not considered toxic based on studies on laboratory animals. Eye contact: Ingestion: 15. FIRE-FIGHTING MEASURES Suitable extinguishing media: Special fire-fighting precautions: Water, water spray, foam, carbon dioxide (C02), dry powder Spills produce extremely slippery surfaces. No special protective equipment required, Protective equipment for firefighters: 16. ACCIDENTAL RELEASE MEASURES Personal precautions: No special precautions required, Environmental precautions: Do not contaminate water. CLARIFLOC SE-793 POLYMER PAGE: 20f5 REVISION DA TE: 07/30/2002 PRINT DA TE: 04/13/2005 Methods for cleaning up : Do not flush with water, Dam up, Soak up with inert absorbent material, If liquid has been spilled in large quantities clean up promptly by scoop or vacuum, Keep in suitable and closed containers for disposal. After cleaning, flush away traces with water. /7. HANDLING AND STORAGE Storage : Avoid contact with skin and eyes, When preparing the working solution ensure there is adequate ventilation, When using do not smoke, Keep in a dry, cool place (0 - 30oC), Keep away from heat and sources of ignition. Freezing will affect the physical condition and may damage the material, Handling : 8. EXPOSURE CONTROLS I PERSONAL PROTECTION Engineering controls : Use local exhaust if misting occurs. Natural ventilation is adequate in absence of mists, Personal protection equipment - Respiratory protection : In case of insufficient ventilation wear suitable respiratory equipment. Hand protection : Rubber gloves, - Eye protection: Safety glasses with side-shields, Do not wear contact lenses. . Skin protection : Chemical resistant apron or protective suit if splashing or contact with solution is likely, Hygiene measures: Wash hands before breaks and at the end of workday, Handle in accordance with good industrial hygiene and safety practice, 19. PHYSICAL AND CHEMICAL PROPERTIES Form : viscous liquid Color: milky Odor: aliphatic Flash point (.C) 4 - 7 @ 5 g/l for product series. See Technical Bulletin for specific value, Does not flash pH: Autoignition temperature (oC) Does not ignite Vapour pressure (mm Hg) 0.13 @ 200C Bulk density: See Technical Bulletin Water solubility: See Technical Bulletin CLARIFLOC SE.793 POLYMER PAGE: 3015 REVISION DA TE: 07/3012002 PRINT DA TE: 04/13/2005 Viscosity (mPa s) : See Technical Bulletin 10. STABILITY AND REACTIVITY Stability: Product is stable, No hazardous polymerization will occur., Oxidizing agents may cause exothermic reactions, Thennal decomposition may produce: hydrogen chloride gas, nitrogen oxides (NOx), carbon oxides, Hazardous decomposition products: 11. TOXICOLOGICAL INFORMATION Acute toxicity - Oral: LD50/orallrat> 5000 mg/kg - Dermal: The results of testing on rabbits showed this material to be non-toxic even at high dose levels, - Inhalation : The product is not expected to be toxic by inhalation, Irritation . - Skin: May cause skin irritation with suseptible persons. . Eyes: May cause .eye irritation with susceptible persons Sensitization: The results of testing on guinea pigs showed this material to be non-sensitizing. Chronic toxicity: A two-year feeding study on rats did not reveal adverse health effects. A one-year feeding study on dogs did not reveal adverse health effects. Prolonged skin contact may defat the skin and produce dennatitis, 12. ECOLOGICAL INFORMATION Ecotoxicity : The effects of this product on aquatic organisms are rapidly and significantly mitigated by the presence of dissolved organic carbon in the aquatic environment. . Fish LC50/Danio rerio/96 hr> 10 - 100 mglL (GECD 203)(Based on the toxicity of the components using the Conventional Method.) Algal inhibition tests are not appropriate. The flocculating characteristics of the product interfere directly in the test medium preventing homogenous distribution which invalidates the test. - Algae: CLARIFLOC SE-793 POLYMER PAGE: 4 of 5 REVISION DATE: 07/30/2002 IPRINT DA TE: 04113/2005 I . Daphnia : EC50lDaphnia magna/48 hr > 50 mglL (OECD 202)(Based on the toxicity of the components ' using the Conventional Method.) Environmental fate: The product is rapidly eliminated from the aquatic medillll1 through irreversible adsorption onto suspended matter and dissolved organics, Bioaccumulation : Does not bioaccllll1ulate, Persistence I degradability : Not readily biodegradable 13. DISPOSAL CONSIDERATIONS Waste from residues I unused products : In accordance with federal, state and local regulations, Contaminated packaging: Rinse empty containers with water and use the rinse water to prepare the working solution, Can be landfiIled or incinerated, when in compliance with local regulations, 114. TRANSPORT INFORMATION I . Not regulated by DOT, 15. REGULATORY INFORMATION All components of this product are on the TSCA and DSL inventories, RCRA status: Not a hazardous waste. Hazardous waste number: Not applicable Not applicable Reportable quantity (40 CFR 302) : Threshold planning quantity (40 CFR 355) Not applicable California Proposition 65 information : The following statement is made in order to comply with the California Safe Drinking Water and Toxic Enforcement Act of 1986: This product contains a chemical(s) known to the State of California to cause cancer : residual Acrylamide ~. CLARIFLOC SE-793 POLYMER IPAGE: REVISION DA TE.- PRINT DA TE: 5 of 5 07/30/2002 04/13/2005 HMIS I ~I II o II NFPA I I I o I I HMIS & NFPA Ratings I Health: I Flammability: I Reactivity: 116. OTHER INFORMATION Person to contact: Regulatory Affairs Manager The information provided in this Safety Data Sheet is correct to the best of our knowledge, information and belief at the date of its publication, The information gIven is designed only as a guidance for safe handling, use, processing, storage, transportation, disposal and release, and is not to be considered a warranty or quality specification, The information relates only to the specific material designated and may not be valid for such material used in combination with any other materials or in any process unless specified in the text. City Council _~_Mlenda ~o'!~,,~'m~~~J~!!l n,~~ m -FT(\J- d I d' l Tracking Number: 2,031 Actual Date: 04/20/2006 Subiect / Recommendation: Adopt Resolution 06-26 authorizing the withdrawal from the First Florida Governmental Financing Commission and authorize appropriate officials to execute same. Summary: The First Florida Governmental Financing Commission was created November 26, 1985 by the City of St. Petersburg, City of Sarasota and Manatee County for the purpose of financing or refinancing projects and to administer a limited interlocal governmental loan program which provides funds for these projects. Current members of the commission are Broward County, City of Boca Raton, City of Sarasota, City of Gainesville, City of St. Petersburg, City of Hollywood and the City of Clearwater. The City of Clearwater has no loans outstanding under the First Florida Governmental Financing Commission and does not anticipate using them in the near future for any financing needs. Until now there has been no cost to the city to belong to the commission while we have no loans outstanding. However, the other members of the commission feel that the City of Clearwater should pay certain administrative cost even if the city has no outstanding loans. To save these cost which are estimated to be between five and ten thousand dollars a year staff is recommending that the city withdraw from First Florida. Should the circumstances arise where the city would need to use the services of First Florida it would be possible to rejoining First Florida in the future. Originating: Finance Section: Other items on City Manager Reports Category: Agreements/Contracts - without cost Number of Hard Copies attached: 0 Public Hearing: No Financial Information: Review Approval Maraie Simmons 04-04-2006 15:59:18 Garrv Brumback 04-10-2006 14:34:07 Pam Akin 04-05-2006 10:30:17 Sue Diana 04-11-2006 09:24:48 Cyndie Goudeau 04-07-2006 13:42:00 r- Bill Horne City Council Agenda Cover ~,~:t~~"ra~~!-.!m 04-10-2006 17:27:47 RESOLUTION NO. 06-26 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA, APPROVING AND AUTHORIZING THE WITHDRAWAL FROM THE FIRST FLORIDA GOVERNMENTAL FINANCING COMMISSION; PROVIDING FOR THE READING OF THIS RESOLUTION BY TITLE ONLY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Clearwater, Florida, is a member of the First Florida Governmental Financing Commission, a separate legal entity and public body corporate and politic authorized by Chapter 163, Part 1, Florida Statutes (the "Commission"), created by an Interlocal Agreement between the City of St. Petersburg, Florida; the City of Sarasota, Florida; and Manatee County, Florida, dated as of November 26, 1985, as amended from time to time (the "Interlocal Agreement"); and WHEREAS, all of the current members of the Commission are Broward County, Florida; the City of Boca Raton, Florida; the City of Sarasota, Florida; the City of Gainesville, Florida; the City of St. Petersburg, Florida; the City of Clearwater, Florida; and the City of Hollywood, Florida; and WHEREAS, the Commission is authorized to issue revenue bonds for the purpose of financing or refinancing qualifying projects and to administer a limited interlocal governmental loan program (the "Program") which will provide funds for such projects; and WHEREAS, the City of Clearwater has no loans outstanding under the terms of the Program as defined in the Interlocal Agreement; and WHEREAS, the City of Clearwater desires to withdraw from the Program; and WHEREAS, Section 3.10 of the Interlocal Agreement provides as follows: (a) Any participating governmental Unit may withdraw from the Commission at any time, if the following conditions are satisfied: (i) the respective Governmental Unit has no loans outstanding under the terms of the Program; and (ii) a certified resolution from the participating Governmental Unit's governing body setting forth its intent to withdraw from the program [is] presented to the Commission. (b) Upon satisfaction of the above conditions, such withdrawal shall be effective immediately. NOW, THEREFORE, be it resolved by the City Council of the City of Clearwater, Florida: Resolution 06-26 Section 1. Pursuant to Section 3.10 of the Interlocal Agreement, the City of Clearwater hereby respectfully withdraws its membership from the First Florida Governmental Financing Commission. Section 2. The appropriate officers of the City are authorized and directed to furnish a certified copy of this resolution to the First Florida Governmental Financing Commission with the request that the Commission acknowledge its receipt and the fact that the City has withdrawn its membership, in good standing. Section 3. This resolution may be read by title and shall take effect immediately upon adoption. PASSED AND ADOPTED this day of ,2006. CITY OF CLEARWATER, FLORIDA Frank V. Hibbard Mayor Approved as to form: Attest: Pamela K. Akin City Attorney Cynthia E. Goudeau City Clerk Resolution 06-26 ter City Council Agenda COV~~, ~!.,!:11oran!!~m (Y1R-d JJ.d Tracking Number: 2,016 Actual Date: 04/20/2006 Subject / Recommendation: Amend Chapter 33, Section 33.114 of the Code of Ordinances, relating to vessels and aircraft prohibited in certain areas, to add a defined zone for no vessels around Pier 60 and pass Ordinance 7632-06 on the first reading. Summary: There is no record the buoys marking the artificial fishing reef or keeping boaters a safe distance from the Pier 60 fishing pier were ever approved by the State. The Florida Fish and Wildlife Conservation Commission (FWC) confirmed creating a safety zone around the pier to protect boaters from being injured by fishermen's hooks and lines is a valid reason for creating a "No Vessel" zone, which they can approve. With Council approval, we wish to install three pilings, fifty feet out and one hundred feet apart on either side of the pier, from the Bait House to the T-dock, and leave the four buoys off the points designating the reef as a "No Vessel" zone. The existing buoys alongside the pier are being damaged or destroyed by the current dragging them into the pier supports. Those buoys delineating the artificial reef are farther out and away from the pier in water too deep to replace with pilings. The cost of six pilings ($210 each) with signs ($50 each) is $1,560, and will come out of the marine facility maintenance and dredging fund. The marina operations crew will do the installation. The cost of a buoy is about the same as a piling, (buoys are about $200 each) but the pilings won't require as frequent maintenance or replacement. Over a year's time, the pilings will pay for themselves by staying "on station". Oriainatina: Marine and Aviation Section: Other items on City Manager Reports Category: Code Amendments, Ordinances and Resolutions Public Hearing: No Financial Information: Review Approval Bi II Morris 03-23-2006 15:37:21 Tina Wilson 04-06-2006 14:26:24 Sue Diana 04-11-2006 09:27:37 Brvan Ruff 03-24-2006 10:06:49 Cvndie Goudeau 04-07-2006 14:11:50 Bill Horne 04-10-2006 17:23:29 Bill Morris Rod Irwin City Council Agenda ~over M~morandum 03-27-2006 17:20:49 04-10-2006 08:40:02 ORDINANCE NO. 7632-06 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING CHAPTER 33, SECTION 33.114, CODE OF ORDINANCES, RELATING TO VESSELS AND AIRCRAFT PROHIBITED IN CERTAIN AREAS, TO ADD A DEFINED AREA FOR NO VESSELS AROUND PIER 60; PROVIDING AN EFFECTIVE DATE. WHEREAS, there is no record of State approval for the buoys placed around the pier marking the artificial fishing reef, and WHEREAS, subsequent placing of additional buoys to protect boaters from fishermen's hooks and lines were also placed without documented approval; and WHEREAS, the buoys placed for boater safety drift with the tides and get tangled in the support structure of the pier; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. Section 33.114, Code of Ordinances is amended by creating a new subsection 33.114(A) to read as follows: Sec. 33.114. Vessels and aircraft prohibited in certain areas. Except as provided in this article, it shall be unlawful for any person to steer, propel, operate or cause to be operated any vessel or aircraft within the waters of the following described area located on Clearwater Beach: * * * * * 33.114A. All waters in the followina described area are desianated as no vessels: Beain at the dock behind the Bait House on Pier 60, then out approximately 50 feet. located by a pilina at 27 dearees 58 minutes 39 seconds north. 82 dearees 49 minutes 49 seconds west. and continue in a westerly direction approximately 300 feet to a point on the T -dock of the Pier. then in a northerlv direction to a point marked by a buoy at 27 dearees 58 minutes 41 seconds north. 82 dearees 49 minutes 53 seconds west. then in a westerly direction approximately 90 feet. more or less. to a point located by a buoy at 27 dearees 58 minutes 41 seconds north. 82 dearees 49 minutes 58 seconds west. then in a southerly direction approximately 100 yards to a point located by a buoy at 27 dearees 58 minutes 39 seconds north. 82 dearees 49 minutes 54 seconds west. then in an easterly direction to a point located by a buoy at 27 dearees 58 minutes 39 seconds north. 82 dearees 49 minutes 52 seconds west. then north to a point on the T -dock of the Pier. then east approximately 300 feet to a point located by a pilina located at 27 dearees 58 minutes 37 seconds north. 82 dearees 49 minutes 52 seconds west. the north to the dock of the Pier across from the Bait House on the Pier. Ordinance No, 7632-06 Section 2. This ordinance shall take effect immediately upon adoption. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Approved as to form: Bryan D. Ruff Assistant City Attorney Frank V. Hibbard Mayor Attest: Cynthia E. Goudeau City Clerk 2 Ordinance No. 7632-06 : Clearwater ~." U_ttl Legend . Swim Marker . Piling ~ Buoy City Council ~genda C,over Me,mora,!!~~,"~ (Y1R-3 1J.3 Tracking Number: 2,035 Actual Date: 04/20/2006 Subject 1 Recommendation: Adopt Resolution 06-27, authorizing the execution of a Joint Participation Agreement (JPA) between the City of Clearwater and the State of Florida Department of Transportation (FDOT) for the completion of the new modular building and security fencing at the Clearwater Airpark. Summary: The FDOT has agreed to provide 80% reimbursable funding to complete the new modular building by extending the patio the length of the building and providing an awning, as well as fixing the fence, security cameras and swipe card machine for the gate. This will replace what was there before the demolition of the former building and fence, replacing material not able to be reused. This project is estimated to cost $14, 687. The FDOT will reimburse the city $11,750. The city will pay $2,937 from the existing CIP 94838. Originating: Marine and Aviation Section: Other items on City Manager Reports Category: Agreements/Contracts - with cost Number of Hard CODies attached: 1 Public Hearing: No Financial Information: ~ Other Bid Required? No Bid Exceptions: Impractical to Bid In Current Year Budaet? Yes Budaet Adjustment: No Current Year Cost: $2,937.00 For Fiscal Year: 04/20/2006 to 09/30/2006 Total Cost: $2,937.00 Not to Exceed: $2,937.00 Aooropriation Code(s) CIP 94838 Review Approval Bill Morris Cvndie Goudeau Bill Horne Tina Wilson Rod Irwin Bryan Ruff Sue Diana City Council Agen~a ~.~ver M~,!!,ora-:'l,dum Amount $2,937.00 Comments 03-28-2006 14:42:47 04-07-2006 15:02:39 04-10-2006 17:21:56 03-30-2006 14:40: 17 04-10-2006 08:41:37 03-31-2006 08:27:06 04-11-2006 09:28:34 RESOLUTION NO. 06-27 A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA AUTHORIZING THE EXECUTION OF A JOINT PARTICIPATION AGREEMENT BETWEEN THE CITY OF CLEARWATER AND THE STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION, FOR THE COMPLETION OF THE NEW MODULAR BUILDING AND SECURITY FENCING AT THE CLEARWATER AIRPARK; PROVIDING AN EFFECTIVE DATE. WHEREAS, the Florida Department of Transportation (FOOT) has agreed to provide funding for the completion of the new modular building and security fencing at the Clearwater Airpark under Joint Participation Agreement Financial Project No.: 42130819401, Contract No.: AOC90, a copy of which is attached hereto as Exhibit "A"; now, therefore, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The City Commission hereby accepts and approves the Joint Participation Agreement between the City and the State of Florida Department of Transportation, Financial Project No.: 42130819401, Contract No.: AOC90 at the Clearwater Airpark. Section 2. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this day of ,2006. Frank Hibbard Mayor Approved as to form: Attest: Bryan D. ~uff Assistant City Attorney Cynthia E. Goudeau City Clerk Resolution No. 06-27 ~ Florida Department of Transportation &:. (Yl~ - 3 Id,3 JEB BUSH GOVERNOR 11201 N, McKinley Drive. Tampa, FL 33612-6456 Phone (813) 975-6000 . 1-800-226,7220 DENVER J. STUTLER, JR. SECRETARY March 23,2006 Mr. Gordon Wills Airport Operations Manager Marine and Aviation Department 25 Causeway Boulevard Clearwater, Florida 33767 RE: JOINT PARTICIPATION AGREEMENT (JPA) FPN: 421308-1-94-01 CONTRACT NO: AOC90 Dear Mr. Wills: Enclosed are two (2) copies of the Joint Participation Agreement (JPA) providing for the Departments participation in the above referenced project. Please sign and return the grants. DO NOT DATE THE AGREEMENTS! Please note paragraph 8.30 of the JPA entitled Disallowed Costs. Do not incur any costs to this project until you receive a fully executed IP A from this office. Failure to comply with this provision is cause for non-participation by the Department. If you require additional information, please call me at (813) 975-6235. Your assistance in this matter is appreciated. '~;Z~aL Rafm/nd Clark Deputy Aviation Administrator RJC Enclosures www.dot.stateJl.us * RECYCLED PAPER STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION JOINT PARTICIPATION AGREEMENT 725-030-Q6 PUBLIC TRANSPOR. TATION 01/06 Page 1 of 11 Financial Project No,: 42130819401 (ilem-segment-phase-sequence) Fund: DS Function: 683 Federal No,: na FLAIR Approp,: 088719 FLAIR Obj,: 750004 Org, Code: 55072020728 Vendor No,: F596000289002 Contract No,: AOC90 DUNS No,; na Catalog of Federal Domestic Assistance Number: na Catalog of State Financial Assistance Number: 55004 THIS AGREEMENT, made and entered into this day of by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, an agency of the State of Florida, hereinafter referred to as the Department, and City of Clearwater P,O, Box 4748, Clearwater, Florida 33758 hereinafter referred to as Agency, The Department and Agency agree that all terms of this Agreement will be completed on or before 12/31/2009 and this Agreement will expire unless a time extension is provided in accordance with Section 18,00, WITNESSETH: WHEREAS, the Agency has the authority to enter into said Agreement and to undertake the project hereinafter described, and the Department has been granted the authority to function adequately in all areas of appropriate jurisdiction including the implementation of an integrated and balanced transportation system and is authorized under 332,007 Florida Statutes, to enter into this Agreement. NOW, THEREFORE, in consideration of the mutual covenants, promises and representations herein, the parties agree as follows: 1.00 Purpose of Agreement: The purpose of this Agreement is to allow for the Department's participation through the Aviation program in the completion of the modular building and security fencing at the Clearwater Airpark. and as further described in Exhibit(s) A, S, C, D & F attached hereto and by this reference made a part hereof, hereinafter referred to as the project, and to provide Departmental financial assistance to the Agency and state the terms and conditions upon which such assistance will be provided and the understandings as to the manner in which the project will be undertaken and completed, 725-0:30-00 PUBLIC TRANSPeJCRTAT'ON 01/06 Page 2 of 11 2.00 Accomplishment of the Project 2.10 General Requirements: The Agency shall commence, and complete the project as described in Exhibit "A" attached hereto and by this reference made a part hereof this Agreement, with all practical dispatch, in a sound, economical, and efficient manner, and in accordance with the provisions herein, and all applicable laws, 2.20 Pursuant to Federal, State, and Local Law: In the event that any election, referendum, approval, permit~ notice, or other proceeding or authorization is requisite under applicable law to enable the Agency to enter into this Agreement or to undertake the project hereunder, or to observe, assume or carry out any of the provisions of the Agreement, the Agency will initiate and consummate, as provided by law, all actions necessary with respect to any such matters so requisite, 2.30 Funds of the Agency: The Agency shall initiate and prosecute to completion all proceedings necessary including federal aid requirements to enable the Agency to provide the necessary funds for completion of the project. 2.40 Submission of Proceedings, Contracts and Other Documents: The Agency shall submit to the Department such data, reports, records, contracts and other documents relating to the project as the Department may require as listed in Exhibit "C" attached hereto and by this reference made a part hereof. 3.00 Project Cost: The total estimated cost of the project is $ 14,687 , This amount is based upon the estimate summarized in Exhibit "B" attached hereto and by this reference made a part hereof this Agreement. The Agency agrees to bear all expenses in excess of the total estimated cost of the project and any deficits involved, 4.00 Department Participation: in the project in the amount of $ 11 .750 project cost as detailed in Exhibit "8", The Department agrees to maximum participation, including contingencies, not to exceed 80 % of the total 4.10 Project Cost Eligibility: Project costs eligible for State participation will be allowed only from the effective date of this agreement. It is understood that State participation in eligible project costs is subject to: (a) Legislative approval of the Department's appropriation request in the work program year that the project is scheduled to be committed; (b) Availability of funds as stated in Section 17,00 of this Agreement; (c) Approval of all plans, specifications, contracts or other obligating documents and all other terms of this Agreement; (d) Department approval of the project scope and budget (Exhibits A & B) at the time appropriation authority becomes available, 4.20 Front End Funding: Front end funding 0 is G> is not applicable, If applicable, the Department may initially pay 100% of the total allowable incurred project costs up to an amount equal to its total share of participation as shown in paragraph 4,00, 5.00 Retainage: Retainage 0 is G> is not applicable. If applicable, percent of the Department's total share of participation as shown in paragraph 4.00 is to be held in retainage to be disbursed, at the Department's discretion, on or before the completion of the final project audit. 7 25,030-06 PUBLIC TRANSP(;:)RTATION 01/06 Pa ge 3 of 11 6.00 Project Budget and Payment Provisions: 6.10 The Project Budget: A project budget shall be prepared by the Agency and approved by the Department. The Agency shall maintain said budget, carry out the project and shall incur obligations against and make disbursements of project funds only in conformity with the latest approved budget for the project. No budget increase or decrease sh all be effective unless it complies with fund participation requirements established in Section 4,00 of this Agreement and is approved by the Department Comptroller. 6.20 Payment Provisions: Unless otherwise allowed under Section 4,20, payment will begin in the year the project or project phase is scheduled in the work program as of the date of the agreement. Payment will be made for actual costs incurred as of the date the invoice is submitted with the final payment due upon receipt of a final invoice, 7.00 Accounting Records: 7.10 Establishment and Maintenance of Accounting Records: The Agency shall establish for the project, in conformity with requirements established by Department's program guidelines/procedures and "Principles for State and Local Governments", separate accounts to be maintained within its existing accounting system or establish independent accounts, Such accounts are referred to herein collectively as the "project account", Documentation of the project account shall be made available to the Department upon request any time during the period of the Agreement and for three years after final payment is made, 7.20 Funds Received Or Made Available for The Project: The Agency shall appropriately record in the project account, and deposit in a bank or trust company which is a member of the Federal Deposit Insurance Corporation, all payments received by it from the Department pursuant to this Agreement and all other funds provided for, accruing to, or otherwise received on account of the project, which Department payments and other funds are herein collectively referred to as "project funds". The Agency shall require depositories of project funds to secure continuously and fully all project funds in excess of the amounts insured under federal plans, or under State plans which have been approved for the deposit of project funds by the Department, by the deposit or setting aside of collateral of the types and in the manner as prescribed by State Law for the security of public funds, or as approved by the Department. 7.30 Costs Incurred for the Project: The Agency shall charge to the project account all eligible costs of the project. Costs in excess of the latest approved budget or attributable to actions which have not received the required approval of the Department shall not be considered eligible costs. 7.40 Documentation of Project Costs: All costs charged to the project, including any approved services contributed by the Agency or others, shall be supported by properly executed payrolls, time records, invoices, contracts, or vouchers evidencing in proper detail the nature and propriety of the charges, 7.50 Checks, Orders, and Vouchers: Any check or order drawn by the Agency with respect to any item which is or will be chargeable against the project account will be drawn only in accordance with a properly signed voucher then on file in the office of the Agency stating in proper detail the purpose for which such check or order is drawn. All checks, payrolls, invoices, contracts, vouchers, orders, or other accounting documents pertaining in whole or in part to the project shall be clearly identified, readily accessible, and, to the extent feasible, kept separate and apart from all other such documents. 7.60 Audit Reports: The Agency shall comply with all audit and audit reporting requirements as specified in Exhibit "0" attached hereto and by this reference made a part hereof this Agreement. 725-030-06 PUBLIC TRANSPORTAIION 01/06 Page 4 Df 11 8.00 Requisitions and Payments: 8.10 Action by the Agency: In order to obtain any Department funds, the Agency shall file with the Departme nt of Transportation, District Seven Public Transportation Office 11201 N. McKinley Drive, Tampa, FL , FL, 33612 its requisition on a form or forms prescribed by the Department, and any other data pertaining tc the project account (as defined in Section 7,10 hereof) to justify and support the payment requisitions, 8.11 Invoices for fees or other compensation for services or expenses shall be submitted in detail sufficient for a proper preaudit and postaudit thereof. 8.12 Invoices for any travel expenses shall be submitted in accordance with Chapter 112,061, F.S, The Department may establish rates lower than the maximum provided in Chapter 112,061, F.S. 8.13 For real property acquired, submit; (a) the date the Agency acquired the real property, (b) a statement by the Agency certifying that the Agency has acquired said real property, and actual consideration paid for real property. (c) a statement by the Agency certifying that the appraisal and acquisition of the real property together with any attendant relocation of occupants was accomplished in compliance with all federal laws, rules and procedures required by any federal oversight agency and with all state laws, rules and procedures that may apply to the Agency acquiring the real property, 8.20 The Department's Obligations: Subject to other provisions hereof, the Department will honor such requisitions in amounts and at times deemed by the Department to be proper to ensure the carrying out of the project and payment of the eligible costs, However, notwithstanding any other provision of this Agreement, the Department may elect by notice in writing not to make a payment on the project if: 8.21 Misrepresentation: The Agency shall have made misrepresentation of a material nature in its application, or any supplement thereto or amendment thereof, or in or with respect to any document or data furnished therewith or pursuant hereto; 8.22 Litigation: There is then pending litigation with respect to the performance by the Agency of any of its duties or obligations which may jeopardize or adversely affect the project, the Agreement, or payments to the project; 8.23 Approval by Department: The Agency shall have taken any action pertaining to the project which, under this agreement, requires the approval of the Department or has made related expenditures or incurred related obligations without having been advised by the Department that same are approved; 8.24 Conflict of Interests: There has been any violation of the conflict of interest provisions contained herein; or 8.25 Default: The Agency has been determined by the Department to be in default under any of the provisions of the Agreement. 8.26 Federal Participation (If Applicable): Any federal agency providing federal financial assistance to the project suspends or terminates federal financial assistance to the project. In the event of suspension or termination of federal financial assistance, the Agency will reimburse the Department for all disallowed costs, 8.30 Disallowed Costs: In determining the amount of the payment, the Department will exclude all projects costs incurred by the Agency prior to the effective date of this Agreement, costs which are not provided for in the latest approved budget for the project, and costs attributable to goods or services received under a contract or other arrangements which have not been approved in writing by the Department. 72~-03Q-06 PUBLIC TRANSPORTAl/ON 01/06 Pag"" 5 of 11 8.40 Payment Offset: If, after project completion, any claim is made by the Department resulting from an audit or for work or services performed pursuant to this agreement, the Department may offset such amount from payments due for work or services done under any public transportation joint participation agreement which it has with the Agency owing such amount if, upon demand, payment of the amount is not made within sixty (60) days to the Department. Offsetting amounts shall not be considered a breach of contract by the Department. 9.00 Termination or Suspension of Project: 9.10 Termination or Suspension Generally: If the Agency abandons or, before completion, finally discontin ues the project; or if, by reason of any of the events or conditions set forth in Sections 8.21 to 8.26 inclusive, or for any other reason, the commencement, prosecution, or timely completion of the project by the Agency is rendered improbable, infeasible, impossible, or illegal, the Department will, by written notice to the Agency, suspend any or all of its obligations under this Agreement until such time as the event or condition resulting in such suspension has ceased or been corrected, or the Department may terminate any or all of its obligations under this Agreement. 9.11 Action Subsequent to Notice of Termination or Suspension. Upon receipt of any final termination or suspension notice under this paragraph, the Agency shall proceed promptly to carry out the actions required therein which may include any or all of the following: (1) necessary action to terminate or suspend, as the case may be, project activities and contracts and such other action as may be required or desirable to keep to the minimum the costs upon the basis of which the financing is to be computed; (2) furnish a statement of the project activities and contracts, and other undertakings the cost of which are otherwise includable as project costs; and (3) remit to the Department such portion of the financing and any advance payment previously received as is determined by the Department to be due under the provisions of the Agreement. The termination or suspension shall be carried but in conformity with the latest schedule, plan, and budget as approved by the Department or upon the basis of terms and conditions imposed by the Department upon the failure of the Agency to furnish the schedule, plan, and budget within a reasonable time, The approval of a remittance by the Agency or the closing out of federal financial participation in the project shall not constitute a waiver of any claim which the Department may otherwise have arising out of this Agreement. 9.12 The Department reserves the right to unilaterally cancel this Agreement for refusal by the contractor or Agency to allow public access to all documents, papers, letters, or other material subject to the provisions of Chapter 119, F,S, and made or received in conjunction with this Agreement. 10.00 Remission of Project Account Upon Completion of Project: Upon completion of the project, and after payment, provision for payment, or reimbursement of all project costs payable from the project account is made, the Agency shall remit to the Department its share of any unexpended balance in the project account. 11.00 Audit and Inspection: The Agency shall permit, and shall require its contractors to permit, the Department's authorized representatives to inspect all work, materials, payrolls, records; and to audit the books, records and accounts pertaining to the financing and development of the project. 12.00 Contracts of the Agency: 12.10 Third Party Agreements: Except as otherwise authorized in writing by the Department, the Agency shall not execute any contract or obligate itself in any manner requiring the disbursement of Department joint participation funds, including consultant, construction or purchase of commodities contracts or amendments thereto, with any third party with respect to the project without the written approval of the Department. Failure to obtain such approval shall be sufficient cause for nonpayment by the Department as provided in Section 8,23, The Department specifically reserves unto itself the right to review the qualifications of any consultant or contractor and to approve or disapprove the employment of the same, 72~-03()-06 PUBLIC TRANSPORTATION 01/06 Pag-e 6 of 11 12.20 Compliance with Consultants' Competitive Negotiation Act: It is understood and agreed by the parties hereto that participation by the Department in a project with an Agency, where said project involves a consultant cont ract for engineering, architecture or surveying services, is contingent on the Agency complying in full with provisions of Chapter 287, F,S" Consultants' Competitive Negotiation Act. At the discretion of the Department, the Agency will involve the Department in the Consultant Selection Process for all contracts, In all cases, the Agency's Attorney shall certify to the Department that selection has been accomplished in compliance with the Consultants' Competitive Negotiation Act. 12.30 Disadvantaged Business Enterprise (DBE) Policy and Obligation: 12.31 DBE Policy: It is the policy of the Department that disadvantaged business enterprises as defined in 49 CFR Part 26, as amended, shall have the maximum opportunity to participate in the performance of contracts financed in whole or in part with Department funds under this Agreement. The DBE requirements of 49 CFR Part 26, as amended, apply to this Agreement. 12.32 DBE Obligation: The Agency and its contractors agree to ensure that Disadvantaged Business Enterprises as defined in 49 CFR Part 26, as amended, have the maximum opportunity to participate in the performance of contracts and this Agreement. In this regard, all recipients, and contractors shall take all necessary and reasonable steps in accordance with 49 CFR Part 26, as amended, to ensure that the Disadvantaged Business Enterprises have the maximum opportunity to compete for and perform contracts, Grantees, recipients and their contractors shall not discriminate on the basis of race, color, national origin or sex in the award and performance of Department assisted contracts, 12.40 The Agency agrees to report any grievances filed under this section to the Department within 30 days of receipt by the Agency. 13.00 Restrictions, Prohibitions, Controls, and Labor Provisions: 13.10 Equal Employment Opportunity: In connection with the carrying out of any project, the Agency shall not discriminate against any employee or applicant for employment because of race, age, creed, color, sex or nationa I origin, The Agency will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, age, creed, color, sex, or national origin, Such action shall include, but not be limited to, the following: Employment upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of payor other forms of compensation; and selection for training, including apprenticeship, The Agency shall insert the foregoing provision modified only to show the particular contractual relationship in all its contracts in connection with the development or operation of the project, except contracts for standard commercial supplies or raw materials, and shall require all such contractors to insert a similar provision in all subcontracts, except subcontracts for standard commercial supplies or raw materials, When the project involves installation, construction, demolition, removal, site improvement, or similar work, the Agency shall post, in conspicuous places available to employees and applicants for employment for project work, notices to be provided by the Department setting forth the provisions of the nondiscrimination clause. 13.20 Title VI - Civil Rights Act of 1964: Execution of this Joint Participation Agreement constitutes a certification that the Agency will comply with all the requirements imposed by Title VI of the Civil Rights Act of 1964 (42 u.s.e, 2000d, et. seq.), the Regulations of the Federal Department of Transportation issued thereunder, and the assurance by the Agency pursuant thereto, 13.30 Title VIII - Civil Rights Act of 1968: Execution of this Joint Participation Agreement constitutes a certification that the Agency will comply with all the requirements imposed by Title VIII of the Civil Rights Act of 1968,42 USC 3601 ,et seq" which among other things, prohibits discrimination in housing on the basis of race, color, national origin, creed, sex, and age, 13.40 Americans with Disabilities Act of 1990 (ADA): Execution of this Joint Participation Agreement constitutes a certification that the Agency will comply with all the requirements imposed by the ADA (42 U,S,C. 12102, et. seq,), the regulations of the federal government issued thereunder, and the assurance by the Agency pursuant thereto, 725-030-06 PUBLIC TRANSPORTATION 01/06 Page 7 of 11 13.50 Prohibited Interests: Neither the Agency nor any of its contractors or their subcontractors shall enter into any contract, subcontract, or arrangement in connection with the project or any property included or planned to be included in the project, in which any member, officer, or employee of the Agency during his tenure or for two years thereafter has any interest, direct or indirect. If any such present or former member, officer, or employee involuntarily acquires or had acquired prior to the beginning of his tenure any such interest, and if such interest is immediately disclosed to the Agency, the Agency with prior approval of the Department, may waive the prohibition contained in th is subsection: Provided, that any such present member, officer or employee shall not participate in any action by the Agency relating to such contract, subcontract, or arrangement. The Agency shall insert in all contracts entered into in connection with the project or any property included or planned to be included in any project, and shall require its contractors to insert in each of their subcontracts, the following provision: "No member, officer, or employee of the Agency during his tenure or for two years thereafter shall have any interest, direct or indirect, in this contract or the proceeds thereof." The provisions of this subsection shall not be applicable to any agreement between the Agency and its fiscal depositories, or to any agreement for utility seNices the rates for which are fixed or controlled by a Governmental agency, 13.60 Interest of Members of, or Delegates to, Congress: No member or delegate to the Congress of the United States shall be admitted to any share or part of the Agreement or any benefit arising therefrom, 13.70 The Agency agrees to report any grievances filed under this section to the Department within 30 days of receipt of the Agreement. 14.00 Miscellaneous Provisions: 14.10 Environmental Pollution: Execution of this Joint Participation Agreement constitutes a certification by the Agency that the project will be carried out in conformance with all applicable environmental regulations including the securing of any applicable permits, The Agency will be solely responsible for any liability in the event of non-compliance with applicable environmental regulations, including the securing of any applicable permits, and will reimburse the Department for any loss incurred in connection therewith, 14.20 Department Not Obligated to Third Parties: The Department shall not be obligated or liable hereunder to any party other than the Agency, 14.30 When Rights and Remedies Not Waived: In no event shall the making by the Department of any payment to the Agency constitute or be construed as a waiver by the Department of any breach of covenant or any default which may then exist, on the part of the Agency, and the making of such payment by the Department while any such breach or default shall exist shall in no way impair or prejudice any right or remedy available to the Department with respect to such breach or default. 14.40 How Agreement Is Affected by Provisions Being Held Invalid: If any provision of this Agreement is held invalid, the remainder of this Agreement shall not be affected, In such an instance the remainder would then continue to conform to the terms and requirements of applicable law, 14.50 Bonus or Commission: By execution of the Agreement the Agency represents that it has not paid and, also, agrees not to pay, any bonus or commission for the purpose of obtaining an approval of its application for the financing hereunder, 14.60 State or Territorial Law: Nothing in the Agreement shall require the Agency to obseNe or enforce compliance with any provision thereof, perform any other act or do any other thing in contravention of any applicable State law: Provided, that if any of the provisions of the Agreement violate any applicable State law, the Agency will at once notify the Department in writing in order that appropriate changes and modifications may be made by the Department and the Agency to the end that the Agency may proceed as soon as possible with the project. 725-030-06 PUBLIC TRANSPORTATION 01/06 Page 8 of 11 14.70 Use and Maintenance of Project Facilities and Equipment: The Agency agrees that the project facilities and equipment will be used by the Agency to provide or support public transportation for the period of the useful life of such facilities and equipment as determined in accordance with general accounting principles and approved by the Department. The Agency further agrees to maintain the project facilities and equipment in good working order for the useful life of said facilities or equipment. 14.71 Property Records: The Agency agrees to maintain property records, conduct physical inventories and develop control systems as required by 49 CFR Part 18, when applicable, 14.80 Disposal of Project Facilities or Equipment: If the Agency disposes of any project facility or equipment during its useful life for any purpose except its replacement with like facility or equipment for public transportation use, the Agency will comply with the terms of 49 CFR Part 18 relating to property management standards, The Agency agrees to remit to the Department a proportional amount of the proceeds from the disposal of the facility or equipment. Said proportional amount shall be determined on the basis of the ratio of the Department financing of the facility or equipment as provided in this Agreement. 14.90 Contractual Indemnity: To the extent provided by law, the Agency shall indemnify, defend, and hold harmless the Department and all of its officers, agents, and employees from any claim, loss, damage, cost, charge, or expense arising out of any act, error, omission, or negligent act by the Agency, its agents, or employees, during the performance of the Agreement, except that neither the Agency, its agents, or its employees will be liable under this paragraph for any claim, loss, damage, cost, charge, or expense arising out of any act, error, omission, or negligent act by the Department or any of its officers, agents, or employees during the performance of the Agreement. When the Department receives a notice of claim for damages that may have been caused by the Agency in the performance of services required under this Agreement, the Department will immediately forward the claim to the Agency, The Agency and the Department will evaluate the claim and report their findings to each other within fourteen (14) working days and will jointly discuss options in defending the claim, After reviewing the claim, the Department will determine whether to require the participation of the Agency in the defense of the claim or to require that the Agency defend the Department in such claim as described in this section. The Department's failure to promptly notify the Agency of a claim shall not act as a waiver of any right herein to require the participation in or defense of the claim by Agency, The Department and the Agency will each pay its own expenses for the evaluation, settlement negotiations, and trial, if any, However, if only one party participates in the defense of the claim at trial, that party is responsible for all expenses at trial. 15.00 Plans and Specifications: In the event that this Agreement involves the purchasing of capital equipment or the constructing and equipping of facilities, the Agency shall submit to the Department for approval all appropriate plans and specifications covering the project. The Department will review all plans and specifications and will issue to the Agency written approval with any approved portions of the project and comments or recommendations concerning any remainder of the project deemed appropriate, After resolution of these comments and recommendations to the Department's satisfaction, the Department will issue to the Agency written approval with said remainder of the project. Failure to obtain this written approval shall be sufficient cause for nonpayment by the Department as provided in paragraph 8.23, 16.00 Project Completion, Agency Certification: The Agency will certify in writing on or attached to the final invoice, that the project was completed in accordance with applicable plans and specifications, is in place on the Agency facility, that adequate title is in the Agency and that the project is accepted by the Agency as suitable for the intended purpose, 17,00 Appropriation of Funds: 17.10 The State of Florida's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature, 725-030,06 PUBLIC TRANSPORTATION 01/06 Page 90111 17.20 Multi-Year Commitment: In the event this Agreement is in excess of $25,000 and has a term for a period of more than one year, the provisions of Chapter 339,135(6)(a), F,S" are hereby incorporated: "(a) The Department, during any fiscal year, shall not expend money, incur any liability, or enter into any contract which, by its terms involves the expenditure of money in excess of the amounts budgeted as available for expenditure during such fiscal year. Any contract, verbal or written, made in violation of this subsection is null and void, and no money may be paid on such contract. The Department shall require a statement from the comptroller of the Department that funds are available prior to entering into any such contract or other binding commitment of funds, Nothing herein contained shall prevent the making of contracts for periods exceeding 1 year, but any contract so made shall be executory only for the value of the seNices to be rendered or agreed to be paid for in succeeding fiscal years; and this paragraph shall be incorporated verbatim in all contracts of the Department which are for an amount in excess of 25,000 dollars and which have a term for a period of more than 1 year," 18,00 Expiration of Agreement: The Agency agrees to complete the project on or before 12/31/2009 , If the Agency does not complete the project within this time period, this Agreement will expire unless an extension of the time period is requested by the Agency and granted in writing by the Director of Transportation Development , Expiration of this Agreement will be considered termination of the project and the procedure established in Section 9,00 of this Agreement shall be initiated, 18.10 Final Invoice: The Agency must submit the final invoice on this project to the Department within 120 days after the expiration of this Agreement. Invoices submitted after the 120 day time period will not be paid, 19.00 Agreement Format: All words used herein in the singular form shall extend to and include the plural. All words used in the plural form shall extend to and include the singular, All words used in any gender shall extend to and include all genders, 20.00 Execution of Agreement: This Agreement may be simultaneously executed in a minimum of two counterparts, each of which so executed shall be deemed to be an original, and such counterparts together shall constitute one in the same instrument. 21,00 Restrictions on Lobbying: 21.10 Federal: The Agency agrees that no federal appropriated funds have been paid or will be paid by or on behalf of the Agency, to any person for influencing or attempting to influence any officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment or modification of any federal contract, grant, loan or cooperative agreement. If any funds other than federal appropriated funds have been paid by the Agency to any person for influencing or attempting to influence an officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Joint Participation Agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions, The Agency shall require that the language of this section be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans and cooperative agreements) and that all subrecipients shall certify and disclose accordingly, 21.20 State: No funds received pursuant to this contract may be expended for lobbying the Legislature or a state agency. 725-030-06 PUBLIC TRANSPORTATION 01/06 Page 10 of 11 22.00 Vendors Rights: Vendors (in this document identified as Agency) providing goods and services to the Department should be aware of the following time frames. Upon receipt, the Department has five (5) working days to inspect and approve the goods and services unless the bid specifications, purchase order or contract specifies otherwise, The Department has 20 days to deliver a request for payment (voucher) to the Department of Financial Services, The 20 days are measured from the latter of the date the invoice is received or the goods or services are received, inspected and approved. If a payment is not available within 40 days after receipt of the invoice and receipt, inspection and approval of goods and services, a separate interest penalty in accordance with Section 215.422(3)(b), F,S. will be due and payable, in addition to the invoice amount to the Agency, The interest penalty provision applies after a 35 day time period to health care providers, as defined by rule, Interest penalties of less than one (1) dollar will not be enforced unless the Agency requests payment. Invoices which have to be returned to an Agency because of vendor preparation errors will result in a delay in the payment. The invoice payment requirements do not start until a properly completed invoice is provided to the Department. A Vendor Ombudsman has been established within the Department of Financial Services, The duties of this individual include acting as an advocate for Agencies who may be experiencing problems in obtaining timely payment(s) from the Department. The Vendor Ombudsman may be contacted at (850) 410-9724 or by calling the Department of Financial Services Hotline, 1-800-848-3792, 23.00 Public Entity Crime: A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in s, 287,017, F,S, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. 24.00 Discrimination: An entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity. 725-030-06 PUBLIC TRANSPORTATION 01/06 Page 11 of11 Financial Project No, 42130819401 Contract No, AOC90 Agreement Date IN WITNESS WHEREOF, the parties hereto have caused these presents be executed, the day and year first above written, AGENCY City of Clearwater AGENCY NAME SIGNATORY (PRINTED OR TYPED) SIGNATURE TITLE FOOT See attached Encumbrance Form for date of Funding Approval by Comptroller DEPARTMENT OF TRANSPORTATION Director of Transportation Development TITLE Financial Proiect No. 421308-1-94-01 Contract No. AOC90 EXHIBIT" A" PROJECT DESCRIPTION AND RESPONSffiILITIES Tbis exhibit forms an integral part of that certain Joint Participation Agreement between the State of Florida, Department of Transportation and the City of Clearwater, P.O. Box 4748, Clearwater, Florida, 33758 Dated: referenced by the above Financial Project Number. PROJECT LOCATION: Pinellas County PROJECT DESCRIPTION: To provide for the Department's participation in the completion of the new modular building at Clearwater Airpark. SPECIAL CONSIDERATIONS BY AGENCY: The audit report(s) required in paragraph 7.60 of the Agreement shall include a schedule of project assistance that will reflect the Department's contract number, Financial Project Number and the Federal Identification number, where applicable, and the amount of state funding action (receipt and disbursement of funds) and any federal ,or local funding action and the funding action from any other source with respect to the project. Audit reports must be submitted to the Department within 13 months after fiscal year end or 30 days from audit completion. Audit work papers and reports shall be retained by the independent auditor for a minimum of three years from the date of the audit report. SPECIAL CONSIDERATIONS BY DEPARTMENT: Time extensions may be granted by the Director of Transportation Development. Financial Proiect,No. 421308-1-94-01 Contract No. AOC90 EXHIBIT "B" PROJECT BUDGET This exhibit forms an integral part of that certain Joint Participation Agreement between the State of Florida, Department of Transportation and the City of Clearwater, P.O. Box 4748, Clearwater, Florida 33758 Dated: referenced by the above Financial Project Number. 1. PROJECT COST: $ 14,687 TOTAL PROJECT COST: $ 14,687 II. PARTICIPATION: Maximum Federal Participation FTA, FAA ( %) or $ Agency Participation In-Kind/Cash ( 20 %) $ 2,937 Other ( %) $ Maximum Department Participation, Primary (DS/DDR) ( 80 %) or $ 11,750 Federal Reimbursable (DU)(FRA)(DFT A) ( %) or $ Local Reimbursable (DL) ( %) or $ TOTAL PROJECT COST $ 14,687 Financial Proiect No. 421308-1-94-01 Contract No. AOC90 EXIDBIT C -AVIATION (GENERAL) This exhibit forms an integral part of that Joint Participation Agreement between the State of Florida, Department of Transportation and the City of Clearwater, P.O. Box 4748 Florida 33758. dated Only items indicated with an X are applicable. SUBMIIT AL/CERTIFICA TION BASIS OF ACCEPTANCE _X_Consultant Selection Compliance Public Agency Attorney's Certification Feasibility Study (if necessary) Public Agency _X_PE/EIS (if necessary) Public Agency _X_Design Submittal 90% 100% Department review letter and written approval Department review letter and written approval X Construction/Procurement Public Agency Certification _X _ MBE Compliance Public Agency Certification _X_Safety Compliance Public Agency Certification X ENMaster Plan Submittals - - (Each Section) Preliminary Final Department Review and Written Acceptance X Audit Reports Annually by Agency's Auditor _X_Certification of Completion Agency Letter X Appraisals (Land Purchase Option) Applicable State Laws X Acquisition of Real Property Agency Attorney Certification and Compliance to Florida Statute Chapter 332 1 Requests for Reimbursement (Invoice Submittals) in accordance with Section 215.422 Florida Statutes and the requirement of Paragraph 22.00 of this Agreement. 1. REQUIRED SUBMITTAL TIME The Agency must submit an invoice to the Department within ninety (90) days from the ending date of the eligible billing period covered by the invoice. Should the Agency not submit a correctly prepared and documented invoice within the proper time frame, the Department may deny payment of the Departments share of the invoice. 2. REQUIRED SUBMITTAL FORM The Agency shall submit invoices on forms provided by the Department and prepared in accordance with instructions given by the Department. Back-up documentation will include the appropriate items necessary to verify costs incurred and the eligibility of said costs, Invoice Documentation: (Also see Paragraphs 7.40, 21.00 and 22.00). Invoices to the Department must be arranged in the following manner: I) Departments Invoice Summary Sheet. 2) Spread sheet listing JP A budget items along the top margin, and individual purchases along the left margin, with the amounts in the proper columns. 3) For each purchase, a copy of the purchase order, vendor invoice, and proof of payment. These items must be fastened together in Apackages and arranged in the same order as the purchases listed on the spreadsheet. 4) Summary sheet showing current approved budget, amounts previously invoiced, amounts being invoiced, and remaining balances. Line items cannot be exceeded without first obtaining a budget revision from the Department. 5) Invoices must be submitted within 60 days of quarter end during which the expenses were incurred. Exceptions must be documented formally with justifications from the Agency Head to the Department Project Manager, 3. APPROVAL OF SUBMITTAL Goods or services received under this agreement shall be approved/disapproved by the Department no later than five (5) working days after receipt, by the District Public Transportation Office, of a properly prepared and submitted invoice. Should the invoice be incomplete or incorrect, the Department shall inform the Agency within five (5) working days of receipt and return the invoice for correction. 2 725-030,06 PUBLIC TRANSPORTATION 01106 Page 1 of 5 Contract No, AOC90 Audit Reports: In addition to the requirements below, the Agency agrees to comply and cooperate with any monitoring procedures/processes deemed appropriate by the Department, including but not limited to site visits and limited scope audits, The Agency further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the State Comptroller or Auditor General. The Agency shall retain sufficient records demonstrating its compliance with the terms of this Agreement for a period of three years from the date the audit report is issued, and shall allow the Department access to such records and working papers upon request. The following requirements do not limit the authority of the Department to conduct or arrange for the conduct of additional audits or evaluations of state financial assistance or limit the authority of any state agency inspector general, the Auditor General, or any other state official. EXHIBIT - "0" Financial Project No, 421308194 ()1 PROJECT AUDIT REQUIREMENTS Monitoring: In addition to reviews of audits conducted in accordance with OMS Circular A-133 and Section 215,97, Florida Statutes, (see "Audits" below), monitoring procedures may include, but not be limited to, on-site visits by Department staff, limited scope audits as defined by OMS Circular A-133, and/or other procedures, The Agency agrees to comply and cooperate fully with any monitoring procedures/processes deemed appropriate by the Department. In th e event the Department determines that a limited scope audit of the Agency is appropriate, the Agency agrees to comply with any additional instructions provided by the Department staff to the Agency regarding such audit. The Agency fu rther agrees to comply and cooperate with any inspections, reviews, investigations. or audits deemed necessary by FOOT's Office of Inspector General (OIG) and Florida's Chief Financial Officer (CFO) or Auditor General. Audits: Part I Federally Funded: If the Agency is a state, local government, or non-profit organizations as defined in OMS Circular A-133 and a recipient of federal funds, the following annual audit criteria will apply: 1, In the event that the recipient expends $500,000 or more in Federal awards in its fiscal year from all sources including Federal resources received from the Department, the recipient must have a single or program-specific audit conducted in accordance with the provisions of OMS Circular A-133, Federal resources awarded through the Department by this Agreement are shown below, The determination of amounts of Federal awards expended shall be in accordance with the guidelines established by OMS Circular A-133, An audit of the recipient conducted by the Auditor General in accordance with the provisions OMS Circular A-133 will meet the requirements of this Section, 2. In connection with the audit requirements addressed in Part I, Paragraph 1" the recipient shall fulfill the requirements relative to auditee responsibilities as provided in Subpart C of OMS Circular A-133, 3, If the recipient expends less than the amount in Part I, Paragraph 1" an audit conducted in accordance with the provisions of OMS Circular A-133, is not required, If the recipient elects to conduct such an audit, the cost of the audit must be paid from resources obtained from other than Federal entities, 4, Federal awards are to be identified using the Catalog of Federal Domestic Assistance (CFDA) title and number, award number and year, and name of the awarding federal agency, Part II State Funded: If the Agency is a nonstate entity as defined by Section 215.97(2)(m), Florida Statutes, and a recipient of state funds, the following annual audit criteria will apply: 1, In the event that the recipient expends a total amount of state financial assistance from all state agencies and nonstate entities equal to or in excess of $500,000 in any fiscal year of the recipient, the recipient must have a State single or project-specific audit for such fiscal year in accordance with Section 215.97, Florida Statutes, the applicable rules of the Executive Office of the Governor and the CFO, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. State financial assistance awarded through the Department by this Agreement are shown in Exhibit D, State financial assistance does not include Federal direct or pass-through awards and resources received by a nonstate entity for Federal program matching requirements, 725-030-06 PUBLIC TRANSPORTATION 01/06 Page2of5 2, In connection with the audit requirements addressed in Part II, Paragraph 1" the recipient shall ensure that the' audit complies with the requirements of Section 215,97(7), Florida Statutes, This includes submission of a financial reporting package as defined by Section 215,97(2)(d), Florida Statutes, and Chapter 10,550 (local governmental entities) or 10,650 (nonprofit and for-profit organizations), Rules of the Auditor General. 3, If the recipient expends less than the amount in Part II, Paragraph 1" such audit is not required, If the recipient elects to conduct such an audit, the cost of the audit must be paid from the recipient's resources obtained from nonstate entities. 4, State awards are to be identified using the Catalog of State Financial Assistance (CSFA) title and number, award number and year, and name of the state agency awarding it. Part "' Other Audit Requirements 1, The Agency shall follow-up and take corrective action on audit findings, Preparation of a summary schedule of prior year audit findings, including corrective action and current status of the audit findings is required, Current year audit findings require corrective action and status of findings. 2. Records related to unresolved audit findings, appeals, or litigation shall be retained until the action is completed or the dispute is resolved, Access to project records and audit work papers shall be given to the Department, the Department Comptroller, and the Auditor General. This section does not limit the authority of the Department to conduct or arrange for the conduct of additional audits or evaluations of state financial assistance or limit the authority of any other state official. Part IV Report Submission 1, Copies of reporting packages for audits conducted in accordance with OMS Circular A-133, as revised, and required by Section 7,621 of this agreement shall be submitted, when required by Section ,320 (d), OMS Circular A-133, by or on behalf of the recipient directly to each of the following: A. The Department at each of the following addresses: 11201 N. McKinley Drive, Tampa, FL 33612 B, The number of copies required by Sections ,320 (d)(1) and (2), OMS Circular A-133, submitted to the following address: Federal Audit Clearinghouse Sureau of the Census 1201 East 10th Street Jeffersonville, IN 47132 C Other Federal agencies and pass-through entities in accordance with Sections ,320 (e) and (t), OMS Circular A-133, 725-030-06 PUBLIC TRANSPORTATION 01/06 Page 3 of 5 2, In the event that a copy of the reporting package for an audit required by Section 7,621 of this Agreement and conducted in accordance with OMB Circular A-133 is not required to be submitted to the Department for reasons pursuant to section ,320 (e)(2), OMB Circular A-133, the recipient shall submit the required written notification pursuant to Section .320 (e)(2) and a copy of the recipient's audited schedule of expenditures of Federal awards directly to each of the following: 11201 N, McKinley Drive, Tampa, FL 33612 In addition, pursuant to Section ,320 (f), OMB Circular A-133, as revised, the recipient shall submit a copy of the reporting package described in Section ,320 (c), OMB Circular A-133, and any management letters issued by the auditor, to the Department at each of the following addresses: 11201 N, McKinley Drive, Tampa, FL 33612 3, Copies of financial reporting packages required by Section 7.622 of this Agreement shall be submitted by or on behalf of the recipient directly to each of the following: A. The Department at each of the following addresses: 11201 N, McKinley Drive, Tampa, FL 33612 B. The Auditor General's Office at the following address: Auditor General's Office Room 401, Pepper Building 111 West Madison Street Tallahassee, Florida 32399-1450 4, Copies of reports or the management letter required by Section 7,623 of this Agreement shall be submitted by or on behalf of the recipient directly to: A. The Department at each of the following addresses: 11201 N, McKinley Drive, Tampa, FL 33612 5. Any reports, management letter, or other information required to be submitted to the Department pursuant to this Agreement shall be submitted timely in accordance with OMB Circular A-133, Section 215,97, Florida Statutes, and Chapter 10,550 (local governmental entities) or 10,650 (nonprofit and for-profit organizations), Rules of the Auditor General, as applicable, 6, The Agency, when submitting financial reporting packages to the Department for audits done in accordance with OMS Circular A-133 or Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, should indicate the date that the reporting package was delivered to the Agency in correspondence accompanying the reporting package. 725-030-06 PUBLIC TRANSPORTATION 01/06 Page 4 of 5 FEDERAL RESOURCES AWARDED TO THE AGENCY PURSUANT TO THIS AGREEMENT CONSIST OF THE FOllOWING: N/A COMPLIANCE REQUIREMENTS APPLICABLE TO THE FEDERAL RESOURCES AWARDED PURSUANT TO THIS AGREEMENT ARE AS FOllOWS: STATE RESOURCES AWARDED TO THE AGENCY PURSUANT TO THIS AGREEMENT CONSIST OF THE FOllOWING: MATCHING RESOURCES FOR FEDERAL PROGRAMS: N/A SUBJECT TO SECTION 215,97, FLORIDA STATUTES: MATCHING RESOURCES FOR STATE PROJECTS: N/A COMPLIANCE REQUIREMENTS APPLICABLE TO STATE RESOURCES AWARDED PURSUANT TO THIS AGREEMENT ARE AS FOllOWS: N/A 725-030-06 PUBLIC TRANSPORTATION 01/06 Page 5 of 5 Part V Record Retention: The Agency shall retain sufficient records demonstrating its compliance with the terms of this Agreement for a period of at least five years from the date the audit report is issued, and shall allow the Department, or its designee, the CFO or Auditor General access to such records upon request. The Agency shall ensure that the independent audit working papers are made available to the Department, or its designee, the CFO, or Auditor General upon request for a period of at least five years from the date the audit report is issued, unless extended in writing by the Department. Part VI Other Requirements: If an audit discloses any significant audit findings relating to any award, including material noncompliance with individual project compliance requirements or reportable conditions in internal controls of the Agency, the Agency shall submit as part of the audit package to the Department a plan for corrective action to eliminate such audit findings or a statement describing the reasons that corrective action is not necessary, The Agency shall take timely and appropriate corrective action to any audit findings, recommendations, and corrective action plans, Part VII Insurance: Execution of this Joint Participation Agreement constitutes a certification that the Agency has and will maintain the ability to repair or replace any project equipment or facilities in the event of loss or damage due to any accident or casualty for the useful life of such equipment or facilities, In the event of the loss of such equipment or facilities, the Agency shall either replace the equipment or facilities or reimburse the Department to the extent of its interest in the lost equipment or facility, In the event this Agreement is for purchase of land or for the construction of infrastructure such as airport runways the Department may waive or modify this section, Financial Project No. 42130819401 Contract No. AOC90 EXHIBIT "F" SPECIAL AIRPORT ASSURANCES This exhibit forms an integral part of that certain Joint Participation Agreement between the State of Florida, Department of Transportation and the City of Clearwater. P.O. Box 4748. Clearwater. Florida 33758 dated 1. GENERAL a. These assurances shall be complied with in the performance of master planning, land acquisition, economic development or capital improvement projects which contain NO federal funds. b. Upon acceptance of this Joint Participation Agreement by the sponsor, these assurances are incorporated in and become a part thereof II. DURATION The terms, conditions and assurances of the grant agreement shall remain in full force and effect throughout the useful life of the facilities developed or equipment acquired for any airport development project, but in any event not to exceed twenty (20) years from the date of acceptance of a grant agreement utilizing state funds for the project. However, there shall be no limit on the duration of the assurances with respect to real property acquired with project funds. m. SPONSOR CERTIFICATION The sponsor hereby assures and certifies, with respect to this grant: a, It has sufficient funds available for that portion of the project costs not paid for by the State. It has sufficient funds available to assure operation and maintenance of items it will own or control funded under the grant agreement. b, It holds good title, satisfactory to the Department, to the landing area of the airport or site thereof, or will give assurance satisfactory to the Department, that good title will be acquired. c. If an arrangement is made for management and operation of the airport by any agency or person other than the sponsor or an employee of the sponsor, the sponsor will reserve sufficient rights and authority to ensure that the airport will be operated and maintained in accordance with the Federal Airport and Airway Improvement Act of 1982, or successive legislation; the regulations and the terms, conditions and assurances in the grant agreement; and shall ensure that such arrangement also requires compliance therewith. d. It will adequately clear and protect the aerial approaches to the airport by removing, lowering, relocating, marking, or lighting, or otherwise mitigating existing airport hazards and by preventing the establishment or creation of future airport hazards. e. It will make its airport available as an airport for public use on fair and reasonable terms. f. It will permit no exclusive rights for the use of the airport by any persons providing, or intending to provide aeronautical services to the public. g. All revenues generated by the airport will be expended by it for the capital or operating costs of the airport, the local airport system, or other local facilities owned or operated by the owner or operator of the airport and directly related to the actual aerial transportation of passengers or property. h. Once accomplished, it will keep up-to-date a minimum of an Airport Layout Plan of the airport showing (1) boundaries of the airport and all proposed additions thereto, together with the boundaries of all off site areas owned or controlled by the sponsor for airport purposes and proposed additions thereto; (2) the location and nature of all existing and proposed airport facilities and structures (such as runways, taxiways, aprons, terminal buildings, hangars and roads), including all proposed extensions and reductions of existing airport facilities; and (3) the location of all existing improvements thereon. .. o .. City Council _=='M=~Ben~.~ C~~!,~"!1~,~~=!~,du m E:NJ- b ().~ - II Tracking Number: 2,036 Actual Date: 04/20/2006 Subject / Recommendation: Award a contract to Gibbs and Register, Inc. of Winter Garden, Florida for the construction of the Cleveland Street Streetscape project, in the amount of $11,275,561.88 which is the lowest responsive bid received in accordance with the plans and specifications, and approve Change Order #1 deducting $2,325,456.09 for a new contract total of $8,950,105.79. Summary: Two contractors purchased plans and specifications for the project and both submitted bids. Gibbs and Register was the low bidder for the base bid which required maintaining one lane of traffic in each direction on Cleveland Street. This bid amount was $11,275,561.88. David Nelson Construction, Inc. was the low bidder for the alternate bid, which allowed complete closure of Cleveland Street. This bid amount was $10,609,462.55. However, the minimal savings associated with the alternate bid do not offset the impacts of a total road closure. Both the base and alternate bids significantly exceeded the available project budget. Meetings were held with each bidder to identify potential cost reductions. These reduction items were accumulated and provided to both bidders for pricing. Gibbs and Register's price for the base bid with reductions is $8,950,105.79 and is within the project budget. As such staff is recommending award of the contract to Gibbs and Register. The cost reduction items include: eliminate improvements in Station Square Park (note that this park will be used for construction staging for the Station Square condominium development for two years and would not be available to the contractor during the duration of the streetscape project) and a reduction in quantities of various site amenities which were considered not to have a significant adverse impact on the streetscape theme. Potential funding sources to complete the items removed from this contract have been identified. These include future Community Redevelopment Agency revenues and funding from the Florida Department of Transportation for resurfacing of S.R. 60. Construction will start following award of contract, shop drawing review and mobilization and be complete within 18 months. A copy of the construction contract and change order #1 are available in the Official Records and Legislative Services office. Funding Sources are identified in the attached funding statement. Originating: Engineering Section Other items on City Manager Reports Category: Construction Contracts - Public Works Originating Number of Hard Copies attached: 2 Public Hearing: No Financial Information: .. City Council ~,genda", Cove!,=~~m~~dum "'""_~ Type: Capital Expenditure Bid Required? Yes Bid Numbers: 03-0093-ED Budget Adjustment: Yes Budget Adiustment Comments: See attached Funding Statement. Current Year Cost: $8,950,105.79 Appropriation Code(s) Amount Comments See attached Funding Statement. Review Approval Glen Bahnick George McKibben 04-11-2006 12:09:42 04-11-2006 14:33:07 04-13-2006 12:06:01 04-11-2006 13: 10:59 04-11-2006 15:05: 18 04-13-2006 13:39:06 04-11-2006 13: 15:37 04-13-2006 13:47:36 Tina Wilson Garry Brumback Michael Quillen Brvan Ruff Bill Horne Cyndie Goudeau Funding for this contract will be provided in the Downtown Streetscape Project (92269) as follows: 315-92269 current available balance (Downtown Streetscape) $4,671,552.17 The following budget transfers will be made at mid-year: . Penny for Pinellas Return of Funds to project removed at 1 st Quarter Additional Funds from undesignated balance 280,000.00 350,157.61 . Transportation Impact Fees Transferred from 315-92558 (Intersection Improvements) 785,433.00 . Water and Sewer Funds Transferred from 378-96742 (2006 Bonds-Line Relocation) Transferred from 315-96634 (Sanitary Utility Relocation) 565,339.50 59,620.00 . Stormwater Funds Transferred from 377-96124 (2002 Bonds - Storm Pipe Impr.) Transferred from 357-96124 (2004 Bonds - Storm Pipe Impr.) Transferred from 315-96124 (Storm Pipe Improvements) 270,756.04 689,039.10 444,024.86 . Central Insurance Fund Transferred from Unrestricted Net Assets as a temporary funding until additional TIP funds are received in the project in FY07 and/or funds from FDOT are received in accordance with the agreement approved in Feb 2006 which calls for $436,000 to be transferred to the City in FDOT's fiscal year 06 and $1,857,670 in FDOT's fiscal year 08. Upon receipt of these additional funds - unneeded Central Insurance Fund money will be returned to the Central Insurance Fund 834,183.51 Total $8.950.105.79 Resolution 04-36 was passed on December 16, 2004, establishing the City's intent to reimburse certain Water and Sewer Utility project costs incurred with future tax-exempt financing. The projects identified with 2006 revenue bonds as a funding source were included in the project list associated with Resolution 04-36. Change Order #1 - Cleveland Street Streetscape (03-0093-ED) ITEM DESCRIPTION OTY UNIT UNIT COST TOTAL COST GENERAL AND ADMINISTRATION - CODE "A" - 0315-92269-563800-541-000-0000. DECREASE ITEMS - CODE "A" GENERAL CONDITIONS 1 Mobilization 1 LS $ (93,750.00) $ (93,750,00) 2 General Conditions 1 LS $ (143,750.00) $ (143,750,00) 3 Demobilization 1 LS $ (2,500,00) $ (2,500,00) 4 Bonds, Insurance 1 15 $ (7,500,00) $ (7,500,00) DEMOLITION/ M.O.T. 7 Tree barricades 1 LS $ (10,000,00) $ (10,000,00) 11 Clearing 1 LS $ (29,000,00) $ (29,000.00) 12 Grading 1 15 $ (25,000,00) $ (25,000,00) 13 Removal of items noted for removal 1 LS $ (24,000,00) $ (24,000,00) Salvage & Delivery of items noted to be 14 salvaged, 1 LS $ (80,000,00) $ (80,000,00) LIGHTING 15 Conductor (#6 insulated) 1964 LF $ (2.00) $ (3,928.00) 16 Conductor (#3) 1050 LF $ (3.00) $ (3,150,00) 20 1 1/2" Conduit 562 LF $ (11.00) $ (6,182.00) 21 2" Conduit 436 LF $ (17.00) $ (7,412,00) 23 120 V outlet 2 EA $ (900.00) $ (1,800,00) ----..-- -- ------- 24 Pull Box 17 EA $ (700.00) $ (11,900,00) 25 Load Center (secondary) 2 AS $ (15,000,00) $ (30,000,00) 26 Step Light in Station Square Park 44 EA $ (600.00) $ (26,400,00) 27 Sign Reflector Lights at arch, Station Square Park 5 EA $ (1,600,00) $ (8,000,00) HARDSCAPE Concrete flush curb around trees, streetscape 130 and St, Sq, Pk. 550 LF $ (33,00) $ (18,150,00) 133 Paver, Type 'P-l' on compacted base 240 SY $ (75,00) $ (18,000,00) 135 Paver, Type 'P-2' on compacted base 1,811 SY $ (105,00) $ (190,155.00) 136 Paver, Type 'P-3' on compacted base 1,107 SY $ (105.00) $ (116,235.00) Paver, Type 'V-I', including 8" cone, base, 140 limestone setting bed 1,232 SY $ (165,00) $ (203,280,00) Paver, Type 'V-2', including 8" cone base, 141 limestone setting bed 103,00 SY $ (165,00) $ (16,995,00) 146 Steps, 51. Sq. Pk.- curved, 24" treads, 3 steps, stained cone. 120 SY $ (220.00) $ (26,400.00) 147 Steps, 51. Sq. Pk.- straight, 12" treads, 5 steps, std. cone. 6 LF $ (1,100.00) $ (6,600.00) 148 Handicap ramp, 51. Sq. Park- staight 1 LS $ (8,000,00) $ (8,000.00) 149 Handicap ramp, 51. Sq. Park- curved 1 LS $ (8,500,00) $ (8,500,00) r Change Order #1 - Cleveland Street Streetscape (03-0093-ED) ITEM DESCRIPTION QTY UNIT UNIT COST TOTAL COST SITE AMENITIES 150 Planter pot 'C'- 3' dia" 17" high 2 EA $ (1,000,00) $ (2,000,00) 151 Planter pot 'B'- 3' dia., 22" high 5 EA $ (1,100,00) $ (5,500.00) 152 Planter pot 'A'- 5' dia" 30" high 3 EA $ (1,800,00) $ (5,400,00) 153 Bench 8 EA $ (2,000,00) $ (16,000,00) 154 Trash receptacle 11 EA $ (1,700,00) $ (18,700.00) 157 Umbrella Table in 51. Sq. Park 8 EA $ (4,000,00) $ (32,000.00) 158 Four-top Table in 51. Sq, Park 7 EA $ (2,300,00) $ (16,100.00) 161 Drinking fountain in 51. Sq. Park 1 EA $ (2,400.00) $ (2,400.00) 162 Street clock in 51. Sq, Park 1 EA $ (20,000,00) $ (20,000.00) 163 Fountain at 51. Sq. Park w jbowl, squirters, all equipment and pump 1 LS $ (200,000.00) $ (200,000.00) 164 Decorative entry arch in 51. Sq. Park 1 LS $ (25,000,00) $ (25,000,00) 165 Sliding entry gate, 51. Sq, Pk. 1 LS $ (11,000,00) $ (11,000,00) 166 Picket fence on stucco wall, 51. Sq. Pk. 250 LF $ (300,00) $ (75,000,00) 167 Decorative aluminum trellis w j post and base, S1. Sq, Park 1 LS $ (250,000,00) $ (250,000,00) 170 Wall- one-sided stucco, retaining, S1. Sq. Park 202 LF $ (170,00) $ (34,340,00) 171 Wall- two-sided stucco seatwall, straight 60 LF $ (200,00) $ (12,000.00) 172 Wall- two-sided stucco seatwall, curved 165 LF $ (220,00) $ (36,300,00) DECORATIVE SIGNS 173 Decorative sign - Directory sign 2 EA $ (22,000,00) $ (44,000,00) LANDSCAPE & IRRIGATION 177 Lavender Crape Myrtle- 30 gal, 3 EA $ (220,00) $ (660,00) 178 Medjool Date Palm- 14' C.T, 46 EA $ (7,000,00) $ (322,000,00) 179 Highrise Live Oak- 15' h1., 3" cat 9 EA $ (600,00) $ (5,400,00) 180 Washingtonia Palm- 14' CT. 1 EA $ (1,200,00) $ (1,200.00) 181 Washingtonia Palm-18' CT. 1 EA $ (1,400,00) $ (1,400,00) 183 Giant Spider Lily - 4' sprd, 19 EA $ (100.Q9) $ (1,900,00) 184 African Iris- 1 gat 153 EA $ (6,00) $ (918,00) 185 Liriope ' Big BIue'- 1 gat 279 EA $ (6,00) $ (1,674.00) 186 Dwarf Yaup on Holly- 3 gal. 154 EA $ (12,00) $ (1,848.00) 187 Podocarpus- 7 gat 59 EA $ (40,00) $ (2,360.00) 188 Xanadu- 3 gat 69 EA $ (60,00) $ (4,140.00) 189 Dwarf Confederate Jasmine- 1 gat 353 EA $ (5,00) $ (1,765,00) 190 Awabuki Viburnum - 3 gal. 24 EA $ (13.00) $ (312,00) 191 Viburnum- 3 gat 5 EA $ (12,00) $ (60,00) 192 Varigated Snake Plant- 3 gat 9 EA $ (13,00) $ (117,00) 193 Impatiens- 4" pots 48 EA $ (3,00) $ (144,00) 194 Pentas (Mixed Colors)-1 gal. 10 EA $ (6.00) $ (60,00) 2 Change Order #1 - Cleveland Street Streetscape (03-0093-ED) ITEM DESCRIPTION OTY UNIT UNIT COST TOTAL COST 195 Varigated English Ivy-1 gal. 25 EA $ (7.00) $ (175.00) 197 Mulch- Mini Pine Bark Nuggets 47 CY $ (40.00) $ (1,880.00) 198 Irrigation 1 LS $ (28,000.00) $ (28,000.00) TOTAL DECREASE ITEMS - CODE "A" $ (2,308,340.00) 199 10% Contingency 1 LS ($230,834.00) $ (230,834.00) $ (2,539,174.00) ADDITIONAL ITEM - CODE "A" HARDSCAPE Additional work to provide and install a meter and power drop for power connection 204 to Myrtle Avenue Signal 1 LS $ 5,000.00 $ 5,000.00 205 Standard Pavers 1811 SY $ 66.35 $ 120,159.85 206 Colored concrete 1232 SY $ 135.88 $ 167,404.16 TOTAL ADDITIONAL ITEMS - CODE "A" $ 292,564.01 INCREASE ITEM - CODE "A" 199 10% Contingency 1 LS $ 29,256.40 $ 29,256.40 INCREASE ITEMS - CODE "A" $ 29,256.40 TOTAL INCREASF/ADDITIONAL ITEMS - CODE "A" $ 321,820.41 TOTAL DECREASF/ADDITIONAL ITEMS W/CONTINGENCY - CODE "A" $ (2,217,353.59) STORMWATER DRAINAGE - CODE "E" - 0315-92269-563700-539-000-0000 DECREASE ITEMS - CODE "E" 82 RCP 18" 129 LF $ (75.00) $ (9,675.00) 91 12" PVC Drainage Pipe 210 LF $ (45.00) $ (9,450.00) Inlet City of Clearwater Type A - type P 92 bottom 23 EA $ (7,400.00) $ (170,200.00) Inlet City of Clearwater Type A - Type J 93 bottom 1 EA $ (12,000.00) $ (12,000.00) 95 Ditch Bottom inlet Type C 1 EA $ (3,500.00) $ (3,500.00) 96 12" yard drain w / decorative metal cover 2 EA $ (1,500.00) $ (3,000.00) 97 Manhole Type P-7T 1 EA $ (5,000.00) $ (5,000.00) 100 Trench Drain 44 LF $ (500.00) $ (22,000.00) 102 Erosion Control Measures 1 LS $ (5,000.00) $ (5,000.00) $ (239,825.00) 201 10% Contingency 1 LS $ (23,982.50) $ (23,982.50) TOTAL DECREASE STORMWATER DRAINAGE ITEMS - CODE "E" $ (263,807.50) ADDITIONAL ITEMS - CODE "E" 208 Pre-cast Inlet 23 EA $7,150.00 $ 164,450.00 209 Pre-cast Inlet 1 LS $11,750.00 $ 11,750.00 $ 176,200.00 INCREASE ITEM - CODE "E" 201 10% Conting-ency 1 LS --w TT,6W.UU $ 17,620.00 TOTAL ADDITIONAL STORMWATER DRAINAGE ITEMS CODE "E" $ 193,820.00 3 Change Order #1 - Cleveland Street Streetscape (03-OO93-ED) ITEM DESCRIPTION OTY UNIT UNIT COST TOTAL COST TOTAL ADDITIONAl/DECREASE STORMWATER DRAINAGE ITEMS - CODE "E" $ (69,987.50) WATER - CODE "F"- 0378-92269-563800-533-000-0000 DECREASE ITEMS - CODE "F" Park Service Line (3/4" PE in 1-1/2" PVC 108 conduit) 455 LF $ (30.00) $ (13,650.00) Station Square Park water Service Complete 111 to meter 1 EA $ (3,500.00) $ (3,500.00) Station Square Park fountain vault service, 112 complete 1 EA $ (7,500.00) $ (7,500.00) Hose bib, in flush locking box, comlete 113 w / service 4 EA $ (2,500.00) $ (10,000.00) TOT AL DECREASE WATER ITEMS - CODE "F" $ (34,650.00) 202 10% Contingency 1 LS $ (3,465.00) $ (3,465.00) TOT AL DECREASE WATER ITEMS W/CONTINGENCY - CODE "F" $ (38,115.00) SUMMARY TOTAL DECREASF/INCREASF/ADDITIONAL ITEMS - CODE "A" $ (2,217,353.59) TOTAL DECREASE STORMW ATER DRAINAGE ITEMS - CODE "E" $ (69,987.50) TOTAL ADDITIONAL ITEMjDECREASE ITEMS - CODE "F" $ (38,115.00) TOTAL CHANGE ORDER #1 $ (2,325,456.09) --------- 4 Change Order #1 - Cleveland Street Streetscape (03-0093-ED) ITEM DESCRIPTION OTY UNIT UNIT COST TOTAL COST 5