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10/07/2004 ..~ "II! ~ . .' ~:,'... - . City Council Agenda Date: 10/07/2004 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: 5 Presentations: 5.1 End of Session Report - Senator Fasano 5.2 Dorothy Mullens Arts and Humanitarian Award 5.3 Proclamation - Put the Brakes on Fatalities Day - Oct 10, 2004 5.4 Proclamation - Public Natural Gas Week - Oct 3-9, 2004 6 Approval of Minutes 6.1 City Council - Sept 16, 2004 7 Citizens to be Heard re Items Not on the Agenda Public Hearings - Not before 6:00 PM 8 Administrative public hearings - None 9 Quasi-judicial public hearings - None 10 Second Readings - public hearing 10.1 Adopt Ordinance No. 7326-04 on second reading, annexing certain real property whose post office address is 2334 Anna Avenue, into the corporate limits of the City and redefining the boundary lines of the City to include said addition. 10.2 Adopt Ordinance No. 7327-04 on second reading, amending the future land use plan element of the Comprehensive Plan of the City to designate the land use for certain real property whose post office address is 2334 Anna Avenue, upon annexation into the City of Clearwater, as residential low. 10.3 Adopt Ordinance No. 7328-04 on second reading, amending the zoning atlas of the City by zoning certain real property whose post office address is 2334 Anna Avenue, upon annexation into the City of Clearwater as Low Medium Density Residential (LMDR). 10.4 Adopt Ordinance No. 7329-04 on second reading annexing certain real property whose post office address is 3108 Downing Street, into the corporate limits of the City, and redefining the boundary lines of the City to include said addition. 10.5 Adopt Ordinance No. 7330-04 on second reading, amending the future land use plan element of the Comprehensive Plan of the City, to designate the land use for certain real property whose post office address is 3108 Downing Street, upon annexation into the City of Clearwater, as Residential/Office Limited and Residential Urban. 10.6 Adopt Ordinance No. 7331-04 on second reading, amending the zoning atlas of the City by zoning certain real property whose post office address is 3108 Downing Street, upon annexation into the City of Clearwater as Office (0) and Low Medium Density Residential (LMDR). 10.7 Adopt Ordinance No. 7332-04 on second reading, amending the future land use plan element of the Comprehensive Plan of the City, to change the land use designation for certain real property whose post office address is 2995 Drew Street, from residential urban to residential/office/retail. 10.8 Adopt Ordinance No. 7333-04 on second reading, amending the zoning atlas of the City by rezoning certain property whose post office address is 2995 Drew Street, from Low Medium Density Residential (LMDR) to Commercial (C). 10.9 Adopt Ordinance No. 7334-04 on second reading amending the zoning atlas of the City by rezoning certain property whose post office address is 2995 Drew Street, from Low Medium Density Residential (LMDR) to Medium Density Residential (MDR). 10.10 Adopt Ordinance No. 7341-04 on second reading, vacating all street Right of Ways and easements located within the Northeast One-Quarter of the Northeast One-Quarter of Section 17, Township 29 South, Range 16 East, less the Northerly 50 feet thereof, (Drew Street) and the Easterly 33 feet thereof, (Bayview Avenue). 10.11 Adopt Ordinance No. 7342-04 on second reading, vacating the 15-foot alley lying along the East property lines of Lots 4 through 7, inclusive, Block 2, Wallace Addition to Clearwater. 10.12 Adopt Ordinance No. 7294-04 on second reading, making amendments to Beach By Design, by amending Section V. Catalytic Projects, Subsection B. Community Redevelopment District Designation by extending the timeframe the pool of 600 additional hotel rooms is available from 5 years to 10 years; by revising the characteristics which make a project eligible for additional hotel units; and by revising the land areas eligible for the pool of additional hotel rooms. 10.13 Adopt Ordinance No. 7295-04 on second reading, amending the future land use element of the Comprehensive Plan of the City of Clearwater by revising Policy 2.1.4 of the future land use plan element with regard to the areas eligible for the density pool of additional hotel roooms established in Beach By Design. 10.14 ADOPT Ordinance No. 7300-04 on second reading, amending the future land use plan element of the Comprehensive Plan of the City, to designate the land use for certain real property whose post office address is 2025 North Highland Avenue upon annexation into the City of Clearwater, as Residential High. 10.15 ADOPT Ordinance No. 7301-04 on second reading, amending the zoning atlas by zoning certain real property whose post office address is 2025 North Highland Avenue, upon annexation into the City of Clearwater, as Medium High Density Residential (MHDR). 10.16 Adopt Ordinance No. 7302-04 on second reading, amending the future land use plan element of the Comprehensive Plan of the City, to change the land use designation for certain real property whose post office address is 2950 Glen Oak Avenue, from Residential Urban (RU) to Recreation/Open Space (R/OS). 10.17 Adodpt Ordinance No. 7303-04 on second reading, amending the zoning atlas of the City by rezoning certain property whose post office address is 2950 Glen Oak Avenue, from Mobile Home Park (MHP) to Open Space/Recreation (OS/R) 10.18 Adopt Ordinance No. 7335-04 on second reading amending the operating budget for the fiscal year ending September 30, 2004. 10.19 Adopt Ordinance No. 7336-04 on second reading, amending the Capital Improvement Budget for the fiscal year ending September 30, 2004, to reflect a net decrease of $72,705. City Manager Reports 11 Consent Agenda 11.1 Award a contract in the amount of $499,923.00 to Pierce Manufacturing, Inc. of Appleton, Wisconsin for the purchase of one 2005 Pierce Custom Heavy Rescue (Squad) unit in accordance with Lake County Contract Bid No. 99-150, authorize the appropriate officials to execute same and authorize lease purchase financing. 11.2 Appoint Robert Going to the remainder of the two-year term as a Trustee of the Clearwater Firefighters Supplemental Trust Fund, vacated by Rowland E. Herald, in accordance with Sec. 175.061 of the Florida State Statutes. 11.3 Approve month-to-month lease with Arnold-Brown Properties, 121 N. Osceola Ave., Clearwater, FL for 72 parking spaces at 121 N. Osceola Ave. commencing October 1, 2004 to be used for Main Library parking and authorize the appropriate officials to execute same. 11.4 Approve an agreement with Decade Properties, Inc. d/b/a Clearwater Bay Marina from December 1,2004 to November 30,2005, a one (1) year period, for the collection of daily launch fees at Seminole Street Launching Ramps for twenty-five percent (25%) of fees collected and authorize the appropriate officials to execute same. 11.5 Approve a three-year Partnership and Operational Support Agreement from October 1, 2004 - September 30, 2007, between the City of Clearwater and The Bethany Education and Human Services Program, Inc., for the use and supervision of the Holt Avenue Center located at 1250 Holt Avenue and authorize the appropriate officials to execute same. 11.6 Approve a five-year Partnership and Operational Support Agreement from October 1, 2004 - September 30, 2009, with five, five-year renewable options, between the City of Clearwater and The Upper Pinellas Association for Retarded Citizens, Inc., for the use of certain portions of The Long Center to provide management, maintenance and programming for citizens with moderate to severe developmental disabilities. 11.7 Approve a Work Order for the permitting, design, construction services and testing of an Aquifer Storage and Recovery (ASR) exploratory well to Post, Buckley, Schuh & Jernigan (EOR) of Tampa, FL in the amount of$56,413.00 (of which a total of $28,206.50 will be reimbursed), and approve a Cooperative Funding Agreement with the Southwest Florida Water Management District (SWFWMD) and authorize the appropriate officials to execute same. 11.8 Approve a Joint Project Agreement (JPA) with Florida Department of Transportation (FDOT) for the installation of an offset in a 12-inch diameter City owned water main, the replacement of a segment of gravity sanitary main, and the relocation of service meters as part of the State Road 60 Plan set (City Project 04-0047-UT), in the amount of $50,000.00 based on an engineer's estimate of the construction costs and authorize the appropriate officials to execute same. 11.9 Approve a Joint Project Agreement (JPA) with Pinellas County for the installation of two offsets in a City owned water main and the replacement of the service line piping associated with the relocation of water services/meters in conjunction with Pinellas County plans for "McMullen Booth Road at SR 590, Intersection Improvement", in the amount of $30,063.30 based on an engineer's estimate of the construction costs, and authorize the appropriate officials to execute same. 11.10 Approve a Supplemental Agreement with HDR Engineering, Inc. in an amount not to exceed $115,000 for additional post-design services related to construction of the Memorial Causeway Bridge and authorize the appropriate officials to execute same. 11.11 Approve the Grant Agreement with the United States Environmental Protection Agency (EPA) which provides reimbursement of project costs up to $1,306,700.00, and award a contract to Danella Companies of Pompano Beach, Florida, for the Seville & Sunset Drive Reclaimed Water System (02-0103-UT) construction contract in the amount of $1,951,550.70, which is the lowest responsible bid received in accordance with plans and specifications, and that the appropriate officials be authorized to execute same. 11.12 Reappoint Doug Williams to the Municipal Code Enforcement Board, in the business person category, with a term expiring on October 31,2007. 11.13 Appoint Helen Kerwin to the Beautification Committee with the term expiring on October 31,2008. 11.14 Appoint Josephine Carbone to the Neighborhood and Affordable Housing Advisory Board(NAHAB) in the East Clearwater resident category to complete a term to April 30, 2005. Purchasing 11.15 Sulfer dioxide in 1-ton cylinders during the contract period: October 8, 2004 through October 31 , 2007. 11.16 Chlorine in 1-ton cylinders during the contract period: October 8, 2004 through October 31,2007. 11.17 Aluminum sulfate, iron free, liquid during the contract period: October 8, 2004 through October 31 , 2007. 11.18 Third party fees for old Workers' Compensation claims during the period: October 1, 2004 through September 30, 2005. 12 Other items on City Manager Reports 12.1 Approve Parks and Recreation Board recommendation naming City property located at 3035 Gulf to Bay Blvd., "Bayview Park". 12.2 Adopt Resolution 04 - 32 Authorizing the Mayor to execute the Disaster Relief Funding Agreement with the State of Florida Department of Community Affairs and designating City Manager William B. Horne II as the City's Primary Agent and Emergency Manager William Vola as it's Alternate Agent for the purpose of executing advanced reimbursement, certification, or other necessary documentation for disaster relief funding. 12.3 Continue the appointment of one member of the Muncipal Code Enforcement Board in order to solicit additional applications. 12.4 Authorize the negotiation of a contract for health insurance with Cigna HealthCare under a fully insured funding arrangement for the contract period of January 1, 2005, to December 31,2005, at a total not to exceed cost of $14,500,000 which includes estimated City ($10,325,000), employee ($3,015,000), and retiree/COBRA/Out-of-Area ($1,160,000) premiums, and continue with the 2nd year of a 3 year contract with Bradman/Unipsych for the mental health/substance abuse and EAP coverage contract for 2005 at an estimated cost of $194,000 ($172,000 for current employees and $22,000 for retirees and COBRA), maintaining the City's current funding strategy. 12.5 IAFF Union negotiations update. 13 City Attorney Reports 13.1 Adopt Resolution 04-33, confirming a declaration of a State of Emergency; establishing emergency procurement procedures, and establishing emergency employee work schedules beginning September 25 at 12:30 p.m. and ending on September 26 at 7:00 p.m due to conditions surrounding Hurricane Jeanne. 14 City Manager Verbal Reports 14.1 Creative Cities conference report 15 Council Discussion Items 15.1 Community Development Board 16 Other Council Action 17 Adjourn CITY OF CLEARWATER Interdepartmental Correspondence TO: FROM: Mayor and Council members Cyndie Goudeau, City Clerk 0/>' ~ SUBJECT: Additional Information for October 7,2004 Council Meeting COPIES: William B. Horne, City Manager DATE: October 6, 2004 The following additional information is provided: Revised Agenda is provided Item #12.2 - Adopt Resolution 04-32 - a revised agenda and Resolution which includes Hurricanes Francis, Ivan and Jeanne are provided. Item #12.4 - Health Insurance - added to agenda and item provided. Item #12.5 - IAFF negotiations update (moved from 12.4 to 12.5) Item #15.1 - Council Discussion Item - Community Development Board Applications provided. CITY OF CLEARWATER Interdepartmental Correspondence FROM: Mayor and Councilmembers Cyndie Goudeau, City Clerk ~ ~ TO: SUBJECT: Follow up from October 4, 2004 Work Session COPIES: William B. Horne, City Manager DATE: October 5, 2004 The following information is provided: Item #12.1 - Approve Parks and Recreation Board recommendation naming City property located at 3035 Gulf to Bay Blvd., "Bayview Park" - Resolution 97-43 (policy and procedure for naming City parks) is provided. Item #12.4 - IAFF Union negotiations update - added to agenda Item #13.1 - Adopt Resolution 04-33, confirming a declaration of a State of Emergency regarding Hurricane Jeanne - added to agenda; paperwork provided. We will provide an agenda item regarding health insurance tomorrow. We are following-up to make sure we have all applications for individuals interested in appointments to the Community Development Board (CDB). All CDB applications will be sent tomorrow. 1- ,w~~ ~~t~FQ ~ "i ~ --.--......,,'.--~._-~--_.-----,._.. '- 'd-:\ ~ \O'^' \Oi\t) October 7, 2004 My name is -Jack Alvord - I am the President of Historic Bayvlew Association. I live at 806 South Bayvlew Avenue. On November 14, 2002 at 2:37 PM Art Kader In an E-mail wrote: aves, we are now proud owners of Bayvlew Park and we did get an approved Management Plan." He went on to say "WhIle I know you are anxious to start getting grants for the park, I must remind you that the city must be the lead In all of these proposals." Apparently, Mr. Kader has found that he can't get a grant of any kind without an Engineering Park Plan which follows the guidelines of the Grant Application or Historic Bayvlew Environmental Park Management Plan. To date, 23 months later, not one person In the Parks Department has applied for or received a single penny of the thousands of dollars in grant money available for Environmental parks. It further appears that the entire park department Is well aware of how to develop sports parks (see the Clearwater Times September' 23, 2004, "Ball fields becoming battlefield" article) and totally unaware of how to develop an Environmental-Historic park. It Is shocking to see fertilizer and pesticide saturated grass requiring vast amounts of water planted In the park where xerlscape plants were specified. I am sure that you are all aware of our ability to go on pointing out the shortcomings of your parks department conceming the Historic Bayvlew Environmental Park. We have been Involved In It's creation for more than 15 years. What puzzles us most however Is that City Manager William Home and Park Director Kevin Dunbar have taken 2 years to develop an Engineering Park Plan. In their April 2, 2004 Meeting with members of the Historic Bayvlew Association group they said that they would have a plan In September. It Is now October 7, 2004, and they stili have no plan. The delay has been very expensive and unproductive. It Is expensive to plant grass which must be replaced with xerlscape plants. 10/05/2004 08:33 727-823-3888 PAGE en ,I 1 /cJ,j IfJ' Name Change and alteration of the natural integrity of Historic Bayview Environmental Park TO: Mayor Aungst of the City Of Clearwater City Commissioners of the City Of Clearwater Director of Parks and Recreation of Clearwater, FL (FAX: 727-562-4052) i'l1.'; ", fJ . \.k.j . I Dear Mayor, Commission and Parks Director: Please be advised I do not want the name of the park to be changed but only recognize its name as the Historic Bayview Environmental Park. Also the site has also has been recognized as an Environmental Education Center (EEC) in the City of Clearwater and it is important to maintain the integrity of this area be left to go back to its natural state for us and our future generations and visitors to this EEClpark. I do not want to see any changes made to alter the parks natural state in this urban setting. Thank You., 10/05/2004 08:21 727 823 3888 PAGE 01 \, Name Change and alteration of the natural integrity of Historic Bayview Environmental Park TO: Mayor Aungst of the City Of Clearwater City Commissioners of the City Of Clearwater Director of Parks and Recreation of Clearwater, FL (FAX: 727-562-4052) :---lL,:;, ':; , (J 1 ( C~: / f\i1 Dear Mayor, Commission and Parks Director: Please be advised I do not want the name of the park to be changed but only recognize its name as the :Historic Bavview :environmental Park. Also the site bas also has been recognized as an Environmental Education Center (BEC) in the City of Clearwater and it is important to maintain the integrity of this area be left to go back to its natural state for us and our future generations and visitors to this BEe/park.. I do not want to see any changes made to alter the parks natural state in this urban setting. Thank You, Fax:B13227B500 Oct 7 2004 11: 29 P.01 ,/ TO: . Mayor AWlgst arid City Commissioners Director of Parks and Recreation, Clearwaler, FL (.,-: ~ \/ F'~ t FAX; 727-562-4052 RE: Historic BayviewEnviromeritalPark ., r-~ Please be advised that I do not want the name of the park to be changed. h is important to maintain the integrity of this area and recognize its environmental and historic value in the name. Thank. You, ~~ndo... ~v-S.{)h 3d.~ ~:j ~\Qz..cA ~ '<'e-CASUV'e.. Tsl~f"L- Name/Address 3310,b City Council Cover Memorandum Trackina Number: 836 Actual Date: 10/07/2004 Subject / Recommendation: Adopt Ordinance No. 7326-04 on second reading, annexing certain real property whose post office address is 2334 Anna Avenue, into the corporate limits of the City and redefining the boundary lines of the City to include said addition. Originating: City Attorney Section Second Readings - public hearing Category: Second Reading Public Hearing: Yes Advertised Dates: 08/29/2004 09/19/2004 Financial Information: Review Approval Pam Akin 09-08-2004 14:52:09 Cvndie Goudeau 09-16-2004 11:04:53 eA i lO'l ORDINANCE NO. 7326-04 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, ANNEXING CERTAIN REAL PROPERTY LOCATED ON THE NORTH SIDE OF ANNA AVENUE, APPROXIMATELY 540 FEET WEST OF DORA DRIVE, CONSISTING OF THE WEST TWO FEET OF LOT 28 AND ALL OF LOT 29, ROLLING HEIGHTS, WHOSE POST OFFICE ADDRESS IS 2334 ANNA AVENUE, 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: West 2 feet of Lot 28,and all of Lot 29, Rolling Heights as recorded in Plat Book 43, Page 1, Public Records of Pinellas County, Florida (ANX2004-05008 ) 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 Brian J. Aungst Mayor Approved as to form: Attest: Cynthia E. Goudeau City Clerk Leslie K. Dougall-Sides Assistant City Attorney Ordinance No. 7326-04 City Council ~g~n~~..~......~.~.~.~..~......~~~~r.~..~..~..~..~.. Tracking Number: 837 Actual Date: 10/07/2004 Subject / Recommendation: Adopt Ordinance No. 7327-04 on second reading, amending the future land use plan element of the Comprehensive Plan of the City to designate the land use for certain real property whose post office address is 2334 Anna Avenue, upon annexation into the City of Clearwater, as residential low. Originating: City Attorney Section Second Readings - public hearing Category: Second Reading Public Hearing: Yes Advertised Dates: 09/05/2004 09/19/2004 Financial Information: Review Approval Pam Akin 09-08-2004 Cvndie Goudeau 09-16-2004 14:53:03 11:06:00 C~A 'L 10'2-- ORDINANCE NO. 7327-04 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE FUTURE LAND USE PLAN ELEMENT OF THE COMPREHENSIVE PLAN OF THE CITY, TO DESIGNATE THE LAND USE FOR CERTAIN REAL PROPERTY LOCATED ON THE NORTH SIDE OF ANNA AVENUE, APPROXIMATELY 540 FEET WEST OF DORA DRIVE, CONSISTING OF THE WEST TWO FEET OF LOT 28 AND ALL OF LOT 29, ROLLING HEIGHTS, WHOSE POST OFFICE ADDRESS IS 2334 ANNA AVENUE, 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 West 2 feet of Lot 28,and all of Lot 29, Rolling Heights as recorded in Plat Book 43, Page 1, Public Records of Pinellas County, Florida (ANX2004-05008 ) Land Use Cateaorv 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. 7326-04. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Brian J. Aungst Mayor Approved as to form: Attest: Leslie K. Dougall-Sides Assistant City Attorney Cynthia E. Goudeau City Clerk Ordinance No. 7327-04 '0A2/ I G. b City Council ..,~~g~!!~!!.~~,~,~,r~t~~~,r!!!!~~,~ Tracking Number: 838 Actual Date: 10/07/2004 Subject / Recommendation: Adopt Ordinance No. 7328-04 on second reading, amending the zoning atlas of the City by zoning certain real property whose post office address is 2334 Anna Avenue, upon annexation into the City of Clearwater as Low Medium Density Residential (LMDR). Originating: City Attorney Section Second Readings - public hearing Category: Second Reading Public Hearinq: Yes Advertised Dates: 09/05/2004 09/19/2004 Financial Information: Review Approval Pam Akin 09-08- 2004 15: 00: 00 Cvndie Goudeau 09-16-2004 11 :07:23 ORDINANCE NO. 7328-04 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY BY ZONING CERTAIN REAL PROPERTY LOCATED ON THE NORTH SIDE OF ANNA AVENUE, APPROXIMATELY 540 FEET WEST OF DORA DRIVE, CONSISTING OF THE WEST TWO FEET OF LOT 28 AND ALL OF LOT 29, ROLLING HEIGHTS, WHOSE POST OFFICE ADDRESS IS 2334 ANNA AVENUE, 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 West 2 feet of Lot 28,and all of Lot 29, Rolling Heights as recorded in Plat Book 43, Page 1, Public Records of Pinellas County, Florida (ANX2004-05008) Zoninq 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. 7326-04. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Brian J. Aungst Mayor Approved as to form: Attest: Cynthia E. Goudeau City Clerk Leslie K. Dougall-Sides Assistant City Attorney Ordinance No. 7328-04 City Council Cover Memorandum C-A it- (a 'Lt Tracking Number: 839 Actual Date: 10/07/2004 Subject / Recommendation: Adopt Ordinance No. 7329-04 on second reading annexing certain real property whose post office address is 3108 Downing Street, into the corporate limits of the City, and redefining the boundary lines of the City to include said addition. Originating: City Attorney Section Second Readings - public hearing Category: Second Reading Public Hearing: Yes Advertised Dates: 09/05/2004 09/19/2004 Financial Information: Review Approval Pam Akin 09-08-2004 15:00:45 Cvndie Goudeau 09-16-2004 11:08:27 ORDINANCE NO. 7329-04 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, ANNEXING CERTAIN REAL PROPERTY LOCATED ON THE NORTH SIDE OF DOWNING STREET, APPROXIMATELY 820 FEET NORTH OF GULF TO BAY BOULEVARD, CONSISTING OF LOTS 1, 2, AND 3, DOWNING SUBDIVISION, WHOSE POST OFFICE ADDRESS IS 3108 DOWNING STREET, INTO THE CORPORATE LIMITS OF THE CITY, AND REDEFINING THE BOUNDARY LINES OF THE CITY TO INCLUDE SAID ADDITION; PROVIDING AN EFFECTIVE DATE. WHEREAS, the owner of the real property described herein and depicted on the map attached hereto as Exhibit A has petitioned the City of Clearwater to annex the property into the City pursuant to Section 171.044, Florida Statutes, and the City has complied with all applicable requirements of Florida law in connection with this ordinance; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following-described property is hereby annexed into the City of Clearwater and the boundary lines of the City are redefined accordingly: Lots 1, 2, and 3, Dowing Subdivision, according to the map or plat thereof as recorded in Plat Book 26, Page 79, Public Records of Pinellas County, Florida (ANX2004-05009 ) 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 Brian J. Aungst Mayor Approved as to form: Attest: Leslie K. Dougall-Sides Assistant City Attorney Cynthia E. Goudeau City Clerk Ordinance No. 7329-04 r ~r-'~_J , ~zocr-l ) L, " 1 ""'_L___J-.J SEE A VENUE 300 r--, 1___' '" '" 0; r, ,_.I J I , '___1 Ol '" P,""-l., , , '""",-,"_1 ...._S"'...., 1 ' , 12~,"',) ~ ~("A\ L.,.......<,_....> ,\,\ ....'\ .....\ ........, ........." """"" ....~ ,..... ~ \\ "'\ ,~ \{ \< \\ <..("'\/'\<. \ \,..... ~'\''',~~"\';).../<~~\,,(....~--~~'\...) \"'\..,) "'\....\.')~"........).....\,,:\.> > y' " \{", ...~~, <~, (V, > ~~, , ) '\ ) \ (~ '~, '}-.. ...'\). > '), < \........> '\00 V '<-""'..... '....... 'C......... .... \.....) \....... .....'\ <"""'" f'''''\ f ( ')' >\ >~ \...\. ....."'\ "'"' \ \ ("'""", ...('''...., '" .....'\.""... ;" '\ ,> ,t " ~ \,yt""\,.V..')'f......,,,,l \ J..; o o CO ~ .... :: ~ :e (-' .....-, r' , ~\ <\ ( ....... \ ...."" -, r--I.. , I - _...J r--' ,1205 1 , , I .. , - ,'207,) I 'I L__J (2-;;} 1 r : 211'" L 1 J , I 20~ ,,--.... nIL, ( 227 1 .......-~.r___.J 1- S23 , J ,22 1_ ,12-;;] , I 1 I ~2171 J 2151 , , 1__- (-;~ ~ I r 2:jP \ l r 2i1 1___1 1367LI , I I , )3691 , J ,1371 I, ~ , 1__-'"" ,- , , I , , , 1. '---_..:-L_---' 1 361.363,365 , L 1 L_..J""t__-,""",-_r r--' ..---, ,&.39, 1 - 1 35:i ~ '1 ,-M'l ~347 : ~ , I , , " 1 t; I 35~ 1 .. 1 , Js371 \ I r/345 " .:: 1 'I 1 t 3411 I 3451 _ J , "'--LS--'",--1. , I Proposed Annexation Map Owners: Michael Ciaramello Site: 3108 Downing Street Land Use From Case: ANX2004-05009 Property Size (Acres): 0.63 Zoning PIN: 16/29/16/22410/000/0010 RU & R/OL (County) P1-A & R-3 (County) To: RU & R/OL (City) o & LMDR (City) 292A L Atlas Page: Exhibit A Ordinance No. 7329-04 City Council Cover Memorandum Tracking Number: 840 Actual Date: 10/07/2004 Subject / Recommendation: Adopt Ordinance No. 7330-04 on second reading, amending the future land use plan element of the Comprehensive Plan of the City, to designate the land use for certain real property whose post office address is 3108 Downing Street, upon annexation into the City of Clearwater, as Residential/Office Limited and Residential Urban. Originating: City Attorney Section Second Readings - public hearing Category: Second Reading Public Hearing: Yes Advertised Dates: 09/05/2004 09/19/2004 Financial Information: Review Approval Pam Akin 09-08-2004 15:04:55 Cvndie Goudeau 09-16-2004 11: 19:24 CAr:; 1,05" I ORDINANCE NO. 7330-04 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE FUTURE LAND USE PLAN ELEMENT OF THE COMPREHENSIVE PLAN OF THE CITY, TO DESIGNATE THE LAND USE FOR CERTAIN REAL PROPERTY LOCATED ON THE NORTH SIDE OF DOWNING STREET, APPROXIMATELY 820 FEET NORTH OF GULF TO BAY BOULEVARD, CONSISTING OF LOTS 1, 2, AND 3, DOWNING SUBDIVISION, WHOSE POST OFFICE ADDRESS IS 3108 DOWNING STREET, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS RESIDENTIAUOFFICE LIMITED AND RESIDENTIAL URBAN; 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 Lots 1,2, and 3, Dowing Subdivision, according to the map or plat thereof as recorded in Plat Book 26, Page 79, Public Records of Pinellas County, Florida (ANX2004-05009) Land Use Cateaorv Residential/Office Limited Residential Urban 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. 7329-04. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Brian J. Aungst Mayor Approved as to form: Attest: Leslie K. Dougall-Sides Assistant City Attorney Cynthia E. Goudeau City Clerk l Ordinance No. 7330-04 City Council ,., " ,.,~jt~.~.,~"~""",~,~,Y~!!:,~!!!!~!:~~,,~~.!!!~....,, Tracking Number: 841 Actual Date: 10/07/2004 Subject / Recommendation: Adopt Ordinance No. 7331-04 on second reading, amending the zoning atlas of the City by zoning certain real property whose post office address is 3108 Downing Street, upon annexation into the City of Clearwater as Office (0) and Low Medium Density Residential (LMDR). Originating: City Attorney Section Second Readings - public hearing Category: Second Reading Public Hearing: Yes Advertised Dates: 09/05/2004 09/19/2004 Financial Information: Review Approval Pam Akin 09-08-2004 15:05:30 Cvndie Goudeau 09-16-2004 11:22:59 CI\ G lC'(, ORDINANCE NO. 7331-04 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY BY ZONING CERTAIN REAL PROPERTY LOCATED ON THE NORTH SIDE OF DOWNING STREET, APPROXIMATELY 820 FEET NORTH OF GULF TO BAY BOULEVARD, CONSISTING OF LOTS 1, 2, AND 3, DOWNING SUBDIVISION, WHOSE POST OFFICE ADDRESS IS 3108 DOWNING STREET, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS OFFICE (0) AND 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 Lots 1, 2, and 3, Dowing Subdivision, according to the map or plat thereof as recorded in Plat Book 26, Page 79, Public Records of Pinellas County, Florida (ANX2004-05009 ) Zonino District Office (0) 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. 7329-04. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Brian J. Aungst Mayor Approved as to form: Attest: Leslie K. Dougall-Sides Assistant City Attorney Cynthia E. Goudeau City Clerk Ordinance No. 7331-04 r e,A 1 10-1 ater City Council ....w.~g,~~~..!;!?~~~.....~.~.~..~.~.~.!!~..~.~!L Trackina Number: 842 Actual Date: 10/07/2004 Subject / Recommendation: Adopt Ordinance No. 7332-04 on second reading, amending the future land use plan element of the Comprehensive Plan of the City, to change the land use designation for certain real property whose post office address is 2995 Drew Street, from residential urban to residential/office/retail. Originating: City Attorney Section Second Readings - public hearing Category: Second Reading Public Hearing: Yes Advertised Dates: 09/05/2004 09/19/2004 Financial Information: Review Approval Pam Akin 09-08-2004 15:06: 13 Cvndie Goudeau 09-16-2004 11:24:20 --- ---. --~--I ORDINANCE NO. 7332-04 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE FUTURE LAND USE PLAN ELEMENT OF THE COMPREHENSIVE PLAN OF THE CITY, TO CHANGE THE LAND USE DESIGNATION FOR CERTAIN REAL PROPERTY LOCATED AT THE SOUTHWEST CORNER OF THE DREW STREET AND BAYVIEW AVENUE INTERSECTION, APPROXIMATELY 1,200 FEET WEST OF MCMULLEN BOOTH ROAD, CONTAINING APPROXIMATELY 2.7 ACRES, CONSISTING OF A PORTION OF SECTION 17, TOWNSHIP 29 SOUTH, RANGE 16 EAST, WHOSE POST OFFICE ADDRESS IS 2995 DREW STREET, FROM RESIDENTIAL URBAN TO RESIDENTIAL/OFFICE/RETAIL; PROVIDING AN EFFECTIVE DATE. WHEREAS, the amendment to the future land use plan element of the comprehensive plan of the City as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's comprehensive plan; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The future land use plan element of the comprehensive plan of the City of Clearwater is amended by designating the land use category for the hereinafter described property as follows: Property See legal description attached hereto (LUZ2004-05004 ) Land Use Cateaorv From: Residential Urban To: Residential/Office/Retail Section 2. The City Council does hereby certify that this ordinance is consistent with the City's comprehensive plan. Section 3. This ordinance shall take effect immediately upon adoption, subject to the approval of the land use designation by the Pinellas County Board of County Commissioners, and subject to a determination by the State of Florida, as appropriate, of compliance with the applicable requirements of the Local Government Comprehensive Planning and Land Development Regulation Act, pursuant to 9 163.3189, Florida Statutes. The Community Development Coordinator is authorized to transmit to the Pinellas County Planning Council an application to amend the Countywide Plan in order to achieve consistency with the Future Land Use Plan Element of the City's Comprehensive Plan as amended by this ordinance. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Brian J. Aungst Mayor Approved as to form: Attest: Leslie K. Dougall-Sides Assistant City Attorney Cynthia E. Goudeau City Clerk Ordinance No. 7332-04 r CA.'~ \O'~ City Council ...w~g~.~.~!~~y~.~......~..~.!!!..~.~.!.~~~~.~,^...... . Tracking Number: 843 Actual Date: 10/07/2004 Subject / Recommendation: Adopt Ordinance No. 7333-04 on second reading, amending the zoning atlas of the City by rezoning certain property whose post office address is 2995 Drew Street, from Low Medium Density Residential (LMDR) to Commercial (C). Originating: City Attorney Section Second Readings - publiC hearing Category: Second Reading Public Hearing: Yes Advertised Dates: 09/05/2004 09/19/2004 Financial Information: Review Approval Pam Akin 09-08-2004 15:06:51 Cvndie Goudeau 09-16-2004 11:25:16 ORDINANCE NO. 7333-04 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY BY REZONING CERTAIN PROPERTY LOCATED AT THE SOUTHWEST CORNER OF THE DREW STREET AND BAYVIEW AVENUE INTERSECTION, APPROXIMATELY 1,200 FEET WEST OF MCMULLEN BOOTH ROAD, CONTAINING APPROXIMATELY 2.7 ACRES, CONSISTING OF A PORTION OF SECTION 17, TOWNSHIP 29 SOUTH, RANGE 16 EAST, WHOSE POST OFFICE ADDRESS IS 2995 DREW STREET, FROM LOW MEDIUM DENSITY RESIDENTIAL (LMDR) TO COMMERCIAL (C); PROVIDING AN EFFECTIVE DATE. WHEREAS, the amendment to the zoning atlas of the City as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's Comprehensive Plan; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following described property in Clearwater, Florida, is hereby rezoned, and the zoning atlas of the City is amended as follows: Property See legal description attached hereto (LUZ2004-05004 ) Zonina District From: Low Medium Density Residential (LMDR) To: Commercial (C) Section 2. The City Engineer is directed to revise the zoning atlas of the City in accordance with the foregoing amendment. Section 3. This ordinance shall take effect immediately upon adoption, subject to the approval of the land use designation set forth in Ordinance 7332-04 by the Pinellas County Board of County Commissioners, and subject to a determination by the State of Florida, as appropriate, of compliance with the applicable requirements of the Local Government Comprehensive Planning and Land Development Regulation Act, pursuant to ~163.3189, Florida Statutes PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Brian J. Aungst Mayor Approved as to form: Attest: Leslie K. Dougall-Sides Assistant City Attorney Cynthia E. Goudeau City Clerk Ordinance No. 7333-04 City Council ...m.~g~~~<~~~"e!......~..~~.~r.~..~_~...~..~.......... Tracking Number: 844 Actual Date: 10/07/2004 Subject / Recommendation: Adopt Ordinance No. 7334-04 on second reading amending the zoning atlas of the City by rezoning certain property whose post office address is 2995 Drew Street, from Low Medium Density Residential (LMDR) to Medium Density Residential (MDR). Originating: City Attorney Section Second Readings - public hearing Category: Second Reading Public Hearing: Yes Advertised Dates: 09/05/2004 09/19/2004 Financial Information: Review Approval Pam Akin 09-08-2004 15:07:32 Cvndie Goudeau 09-16-2004 11 :26:48 C 1\ q I 0 '9 I ORDINANCE NO. 7334-04 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY BY REZONING CERTAIN PROPERTY LOCATED AT THE SOUTHWEST CORNER OF THE DREW STREET AND BAYVIEW AVENUE INTERSECTION, APPROXIMATELY 1,200 FEET WEST OF MCMULLEN BOOTH ROAD, CONTAINING APPROXIMATELY 37.09 ACRES, CONSISTING OF A PORTION OF SECTION 17, TOWNSHIP 29 SOUTH, RANGE 16 EAST, WHOSE POST OFFICE ADDRESS IS 2995 DREW STREET, FROM LOW MEDIUM DENSITY RESIDENTIAL TO MEDIUM DENSITY RESIDENTIAL; PROVIDING AN EFFECTIVE DATE. WHEREAS, the amendment to the zoning atlas of the City as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's Comprehensive Plan; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following described property in Clearwater, Florida, is hereby rezoned, and the zoning atlas of the City is amended as follows: Property See legal description attached hereto. (REZ2004-05001 ) Zoninq District From: Low Medium Density Residential To: Medium Density Residential 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. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Brian J, Aungst Mayor Approved as to form: Attest: Leslie K. Dougall-Sides Assistant City Attorney Cynthia E. Goudeau City Clerk Ordinance No. 7334-04 City Council Cover Memorandum Tracking Number: 846 Actual Date: 10/07/2004 Subject / Recommendation: Adopt Ordinance No. 7341-04 on second reading, vacating all street Right of Ways and easements located within the Northeast One-Quarter of the Northeast One-Quarter of Section 17, Township 29 South, Range 16 East, less the Northerly 50 feet thereof, (Drew Street) and the Easterly 33 feet thereof, (Bayview Avenue). Originating: City Attorney Section Second Readings - public hearing Category: Second Reading Public Hearinq: Yes Advertised Dates: 09/05/2004 09/19/2004 Financial Information: Review Approval Pam Akin 09-08-2004 15:08:47 Cvndie Goudeau 09-16-2004 11 :30: 15 C~A tC \0. \0 ORDINANCE NO. 7341-04 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, VACATING, ALL STREET RIGHT-OF-WAYS AND EASEMENTS LOCATED WITHIN THE NORTHEAST ONE- QUARTER OF THE NORTHEAST ONE-QUARTER OF SECTION 17, TOWNSHIP 29 SOUTH, RANGE 16 EAST, LESS THE NORTHERLY 50 FEET THEREOF, (DREW STREET) AND THE EASTERLY 33 FEET THEREOF, (BAYVIEW AVENUE); PROVIDING AN EFFECTIVE DATE. WHEREAS, Michael M. English, owner of real property located in the City of Clearwater, has requested that the City vacate all right-of-ways and easements depicted in Exhibit A attached hereto; and WHEREAS, the City Council finds that said right-of-ways and easements 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: all street rights-of-way and easements located in the northeast one-quarter of the northeast one-quarter of Section 17, Township 29 South, Range 16 East, less the northerly 50 feet thereof, (Drew Street) and the easterly 33 feet thereof, (Bayview Avenue) is hereby vacated, closed and released, and the City of Clearwater releases all of its right, title and interest thereto. Section 2. The City Clerk shall record this ordinance in the public records of Pinellas County, Florida, following adoption. Section 3. This ordinance shall take effect immediately upon adoption. PASSED ON FIRST READING Ordinance No. 7341-04 PASSED ON SECOND AND FINAL READING AND ADOPTED Approved as to form: Bryan D. Ruff Assistant City Attorney Brian J. Aungst Mayor Attest: Cynthia E. Goudeau City Clerk Ordinance No. 7341-04 City Council ...w.w~g.~~~~<.~.~~~rJ~~!!!~!~~~<~,~....<..<.... Tracking Number: 847 Actual Date: 10/07/2004 Subject / Recommendation: Adopt Ordinance No. 7342-04 on second reading, vacating the is-foot alley lying along the East property lines of Lots 4 through 7, inclusive, Block 2, Wallace Addition to Clearwater. Originating: City Attorney Section Second Readings - publiC hearing Category: Second Reading Public Hearing: Yes Advertised Dates: 09/05/2004 09/19/2004 Financial Information: Review Approval Pam Akin 09-08-2004 15:09:25 Cvndie Goudeau 09-16-2004 11:31:37 tA it IO.lI ORDINANCE NO. 7342-04 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, VACATING THE 15-FOOT ALLEY LYING ALONG THE EAST PROPERTY LINES OF LOTS 4 THROUGH 7, INCLUSIVE, BLOCK 2, WALLACE ADDITION TO CLEARWATER; PROVIDING AN EFFECTIVE DATE. WHEREAS, Win-Ft. Harrison, L TD, owner of real property adjoining the alley described herein, has requested that the City vacate the alley depicted in Exhibit A attached hereto; and WHEREAS, the City Council finds that said alley is not necessary for municipal use and it is deemed to be to 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: 15-foot alley lying along the east property lines of lots 4 through 7, inclusive, Block 2, Wallace Addition to Clearwater, as recorded in Plat Book 3, Page 6, Public Records of Pinellas County, Florida is hereby vacated, closed and released, and the City of Clearwater releases all of its right, title and interest thereto. Section 2. The City Clerk shall record this ordinance in the public records of Pinellas County, Florida, following adoption. Section 3. This ordinance shall take effect immediately upon adoption. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Brian J. Aungst Mayor Approved as to form: Attest: Bryan D. Ruff Assistant City Attorney Cynthia E. Goudeau City Clerk Ordinance No. 7342-04 NORTH Scale 1" = 100' -, 51 -, r-;;----, 4 5 ~ oq; ~ o ~ a::: a::: ~ .... a::: f2 tI) ROGERS ST 4 7 , , 2 ' , , ----------------, I , 3 ' , - - - - - - - - - - - - - - - -' I I , EXHIBIT "A" Scale 1"=100' CHESTNUT ST (0: I I , , , , 1 0) 3 0) 3 2 1 ----- ----- 1 ------------r-~--- , I 8 9 I 10 I o Vacation Requested By Applicant TURNER ST I I 1 I , I 1----------___1 : 4f;\ ! , \:..J I '- - - - - - - - - - _...! I I I I '5 ' , I ~ oq; ~ ::$ ~ .... 4 3 2 5 6 7 City of Clearwater, Florida Public Works Administration/Engineering ate City of Clearwater Vacation Request 08117/04 EWING/WEBB VAC 2004-13 aWl1 y S.K. eel Vacate the 15-Foot Alley lying adjacent to the West property lines of Lots 4 - 7, Block 2,Wallace Addition, 20f6 ec e y S.D. n r mance 7342-04 295B C.~A \'lv \ 0 ' \ 1- City Council w<<@_,w~g~<!!<<~~_~~~~~~~!!!~~~~!!!!~!!! Tracking Number: 848 Actual Date: 10/07/2004 Subject / Recommendation: Adopt Ordinance No. 7294-04 on second reading, making amendments to Beach By Design, by amending Section V. Catalytic Projects, Subsection B. Community Redevelopment District Designation by extending the timeframe the pool of 600 additional hotel rooms is available from 5 years to 10 years; by revising the characteristics which make a project eligible for additional hotel units; and by revising the land areas eligible for the pool of additional hotel rooms. Originating: City Attorney Section Second Readings - public hearing Category: Second Reading Public Hearing: Yes Advertised Dates: 07/15/2004 09/19/2004 Financial Information: Review Approval Pam Akin 09-08-2004 15:14:59 Cvndie Goudeau 09-16-2004 11:34:03 ORDINANCE NO. 7294-04 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA MAKING AMENDMENTS TO BEACH BY DESIGN: A PRELIMINARY DESIGN FOR CLEARWATER BEACH AND DESIGN GUIDELINES; BY AMENDING SECTION V. CATALYTIC PROJECTS, SUBSECTION B. COMMUNITY REDEVELOPMENT DISTRICT DESIGNATION BY EXTENDING THE TIMEFRAME THE POOL OF 600 ADDITIONAL HOTEL ROOMS IS AVAILABLE FROM FIVE (5) YEARS TO TEN (10) YEARS; BY REVISING THE CHARACTERISTICS WHICH MAKE A PROJECT ELIGIBLE FOR ADDITIONAL HOTEL UNITS; BY REVISING THE LAND AREAS ELIGIBLE FOR THE POOL OF ADDITIONAL HOTEL ROOMS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the economic vitality of Clearwater Beach is a major contributor to the economic health of the City overall; and WHEREAS, the public infrastructure and private improvements of Clearwater Beach are a critical part contributing to the economic vitality of the Beach; and WHEREAS, substantial improvements and upgrades to both the public infrastructure and private improvements are necessary to improve the tourist appeal and citizen enjoyment of the Beach; and WHEREAS, the City of Clearwater has invested significant time and resources in studying Clearwater Beach; and WHEREAS, Beach by Design, the special area plan governing Clearwater Beach, contains specific development standards and design guidelines for areas of Clearwater Beach that need to be improved and/or redeveloped; and WHEREAS, the City of Clearwater has the authority pursuant to Rules Governing the Administration of the Countywide Future Land Use Plan, as amended, Section 2.3.3.8.4, to adopt and enforce a specific plan for redevelopment in accordance with the Community Redevelopment District plan category, and said Section requires that a special area plan therefore be approved by the local government; and WHEREAS, the proposed amendment to Beach by Design has been submitted to the Community Development Board acting as the Local Planning Authority (LPA) for the City of Clearwater; and WHEREAS, the Local Planning Agency (LPA) for the City of Clearwater held a duly noticed public hearing and found that amendment to Beach by Design are consistent with the Clearwater Comprehensive Plan; and Ordinance No. 7294-04 WHEREAS, on November 15, 2001 and December 13, 2001 the City Council of the City of Clearwater reviewed and approved Beach by Design; now therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. Beach by Design: A Preliminary Design for Clearwater Beach and Design Guidelines, Section V. Catalytic Projects, Subsection B. Community Redevelopment District Designation, is amended by revising the 3rd paragraph on page 44 as follows: B. Community Redevelopment District Designation * * * * In order to stimulate the desired catalytic resort projects, Beach by Design establishes a limited pool of 600 additional hotel rooms which would be available for use at one or more sites within designated priority redevelopment areas for a period of fivo (5) ten il.Qlyears. This period would run from the date that the Community Redevelopment District is approved by the County and accepted by the State:, In the event that the units were not allocated pursuant to Beach by Design within fivo (5) ten (10) years, the pool of units would cease to exist. * * * * Section 2. Beach by Design: A Preliminary Design for Clearwater Beach and Design Guidelines, Section V. Catalytic Projects, Subsection B. Community Redevelopment District Designation, is amended by revising the first bullet on page 46, which is fifth characteristic required for a resort using the density pool, as follows: * * * * . require a legally enforceable covenant to implement a trip generation management program which promotes non-vehicular access to and from the resort which shall include at least airport shuttle providod 3S 3 p3rt of tho b3sic room r3to and resort-provided transportation to off-site amenities and attractions. * * * * 2 Ordinance No. 7294-04 Section 3. Beach by Design: A Preliminary Design for Clearwater Beach and Design Guidelines, Section V. Catalytic Projects, Subsection B. Community Redevelopment District Designation, is amended by revising the third bullet on page 46, which is seventh characteristic required for a resort using the density pool, as follows: * * * * . no more than 25% of the rooms may have full kitchen facilities, defined as consistina at a minimum of full-size refriaerator. sink and conventional ranae. The remainder of rooms may have partial kitchen facilities. defined as includina fewer than all of the foreaoina appliances. or mini-kitchens. defined as includina solely reduced-size kitchen appliances. * * * * Section 4. Beach by Design: A Preliminary Design for Clearwater Beach and Design Guidelines, Section V. Catalytic Projects, Subsection B. Community Redevelopment District Designation, is amended by deleting the last bullet on page 46 which is the fourteenth characteristic required for a resort using the density pool as follows: * * * * . subject to a leg311y onforco3blo covenant obligating tho resort to participate in a Clearwater Beach operation and m3intonanco assessment program * * * * Section 5. Beach by Design: A Preliminary Design for Clearwater Beach and Design Guidelines, Section V. Catalytic Projects, Subsection B. Community Redevelopment District Designation, is amended by revising the aerial photograph on page 47 which depicts the areas eligible for additional hotel rooms as shown in the attached "Exhibit "A"; and Section 6. Beach by Design, as amended, contains specific development standards and design guidelines for areas of Clearwater Beach that are in addition to and supplement the Community Development Code; and Section 7. The City Manager or designee shall forward said plan to any agency required by law or rule to review or approve same; and Section 8. It is the intention of the City Council that this ordinance and plan and every provision thereof, shall be considered separable; and the invalidity of any section or provision of this ordinance shall not affect the validity of any other provision of this ordinance and plan; and Section 9. This ordinance shall take effect immediately upon adoption. 3 Ordinance No. 7294-04 PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Approved as to form: Leslie K. Dougall-Sides Assistant City Attorney Brian J. Aungst Mayor Attest: Cynthia E. Goudeau City Clerk 4 Ordinance No. 7294-04 Exhibit A Ordinance No. 7294-04 City Council 'MM,~g.~!I~"~*~~~~,r,~~!!!,~.~.~n,~...~.!!!. Tracking Number: 849 Actual Date: 10/07/2004 Subject / Recommendation: Adopt Ordinance No. 7295-04 on second reading, amending the future land use element of the Comprehensive Plan of the City of Clearwater by revising Policy 2.1.4 of the future land use plan element with regard to the areas eligible for the density pool of additional hotel roooms established in Beach By Design. Summary: The Department of Community Affairs has notified the City that it has waived its review of this amendment. Originating: City Attorney Section Second Readings - public hearing Category: Second Reading Public Hearinq: Yes Advertised Dates: 07/15/2004 09/19/2004 Financial Information: Review Aporoval Pam Akin 09-08-2004 15: 15: 39 Cvndie Goudeau 09-23-2004 09:06:22 tA 17, \0"\-; ORDINANCE NO. 7295-04 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE FUTURE LAND USE ELEMENT OF THE COMPREHENSIVE PLAN OF THE CITY OF CLEARWATER AS ADOPTED ON MAY 18, 2000 AND AMENDED ON JULY 12, 2001 BY REVISING POLICY 2.1.4 OF THE FUTURE LAND USE PLAN ELEMENT WITH REGARD TO THE AREAS ELIGIBLE FOR THE DENSITY POOL OF ADDITIONAL HOTEL ROOMS ESTABLISHED IN BEACH BY DESIGN: A PRELIMINARY DESIGN FOR CLEARWATER BEACH AND DESIGN GUIDELINES, THE ADOPTED SPECIAL AREA PLAN FOR CLEARWATER BEACH; AND PROVIDING AN EFFECTIVE DATE. WHEREAS the Local Government Comprehensive Planning and Land Development Regulation Act of Florida empowers and requires the City Commission of the City of Clearwater to plan for the future development and growth of the City, and to adopt and periodically amend the Comprehensive Plan, including elements and portions thereof; and WHEREAS, the economic vitality of Clearwater Beach is a major contributor to the economic health of the City overall and redevelopment to the Beach is required for its future sustainability; and WHEREAS, the City of Clearwater invested significant time and resources in studying Clearwater Beach and conducted numerous public meetings; and WHEREAS, the City Commission approved Ordinance Number 6689-01, which adopted a special area plan governing Clearwater Beach entitled Beach by Design: A Preliminary Design for Clearwater Beach and Design Guidelines on February 15, 2001; and WHEREAS, amendments to the Comprehensive Plan of the City have been prepared in accordance with the applicable requirements of law, after conducting the appropriate planning analysis, and public participation through public hearings, opportunity for written comments, open discussion and the consideration of public and official comments; and WHEREAS, the Community Development Board, serving as the designated Local Planning Agency for the City, has held a public hearing on the proposed amendments and has recommended adoption of the proposed Comprehensive Plan amendments; and WHEREAS, the proposed amendments have been transmitted to the Florida Department of Community Affairs for review and comments, and the objections, recommendations and comments received from the Florida Department of Community Affairs have been considered by the City Council, together with all comments from local regional agencies and other persons, in preparing the final draft of the amendments; and Ordinance No. 7295-04 WHEREAS, the City Council finds it necessary, desirable and proper to adopt the amendments to the objectives and policies of the Comprehensive Plan in order to reflect changing conditions; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The Future Land Use Element of the Clearwater Comprehensive Plan is hereby amended by revising Policy 2.1.4 as follows: 2.1.4 The use of the density pool of additional hotel rooms established in Beach by Design: A Preliminary Design for Clearwater Beach and Design Guidelines is permitted in the following areas: 1. Tho property located on the east side of Mandal3y Avenuo north of Baymont Street knO\am as tho Yacht Basin apartment site; 2.1. The land located between Mandalay Avenue and the Gulf of Mexico between Baymont Stroot Rockawav Street and Papaya Street; and 32.The land located south of the Pier 60 parking lot and north of the southerly lot lines of Lots 77 and 126 of the L1oyd-White-Skinner Subdivision between South Gulfview Boulevard and Coronado Drive. Section 2. This ordinance shall become effective when the Department of Community Affairs (DCA) issues a final order determining the adopted amendment to be in compliance, or the Administration Commission issues a final order determining the adopted amendments to be in compliance, in accordance with Section 163.187 or 163.3189, F.S., as amended. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Brian J. Aungst Mayor Approved as to form: Attest: Cynthia E. Goudeau City Clerk Leslie K. Dougall-Sides Assistant City Attorney 2 Ordinance No. 7295-04 City Council Cover Memorandum C-A \ 4- \ 0'11 Tracking Number: 850 Actual Date: 10/07/2004 Subject / Recommendation: ADOPT Ordinance No. 7300-04 on second reading, amending the future land use plan element of the Comprehensive Plan of the City, to designate the land use for certain real property whose post office address is 2025 North Highland Avenue upon annexation into the City of Clearwater, as Residential High. Originating: City Attorney Section Second Readings - public hearing Category: Second Reading Public Hearing: Yes Advertised Dates: 07/15/2004 09/19/2004 Financial Information: Review Approval Pam Akin 09-08-2004 15:16:18 Cvndie Goudeau 09-20-2004 13:22:57 ORDINANCE NO. 7300-04 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 NORTH HIGHLAND AVENUE, APPROXIMATELY 1,300 FEET NORTH OF SUNSET POINT ROAD, CONSISTING OF A PORTION OF METES AND BOUNDS 21/06, 21/07, AND 21/08, IN SECTION 2, TOWNSHIP 29 SOUTH, RANGE 15 EAST, WHOSE POST OFFICE ADDRESS IS 2025 NORTH HIGHLAND AVENUE UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS RESIDENTIAL HIGH; 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 See legal description attached hereto. (LUZ2004-03002) Land Use Cateqorv Residential High 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. 7299-04. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Brian J. Aungst Mayor Approved as to form: Attest: Leslie K. Dougall-Sides Assistant City Attorney Cynthia E. Goudeau City Clerk Ordinance No. 7300-04 City Council Cover Memorandum Tracking Number: 851 Actual Date: 10/07/2004 Subject / Recommendation: ADOPT Ordinance No. 7301-04 on second reading, amending the zoning atlas by zoning certain real property whose post office address is 2025 North Highland Avenue, upon annexation into the City of Clearwater, as Medium High Density Residential (MHDR). Originating: City Attorney Section Second Readings - publiC hearing Category: Second Reading Public Hearing: Yes Advertised Dates: 07/15/2004 09/19/2004 Financial Information: Review Approval Pam Akin 09-08-2004 15:16:57 Cvndie Goudeau 09-20-2004 13:23:43 C,i'I 15 W 15 I ORDINANCE NO.7301-04 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 NORTH HIGHLAND AVENUE, APPROXIMATELY 1,300 FEET NORTH OF SUNSET POINT ROAD, CONSISTING OF A PORTION OF METES AND BOUNDS 21/06, 21/07, AND 21/08, IN SECTION 2, TOWNSHIP 29 SOUTH, RANGE 15 EAST, WHOSE POST OFFICE ADDRESS IS 2025 NORTH HIGHLAND AVENUE, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS MEDIUM HIGH DENSITY RESIDENTIAL (MHDR); 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 See legal description attached hereto. (LUZ2004-03002) Zoninq District Medium High Density Residential (MHDR) 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. 7299-04. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Brian J. Aungst Mayor Approved as to form: Attest: Leslie K. Dougall-Sides Assistant City Attorney Cynthia E. Goudeau City Clerk Ordinance No. 7301-04 - C,A l G \ 0' \ h City Council Cover Memorandum Tracking Number: 852 Actual Date: 10/07/2004 Subject / Recommendation: Adopt Ordinance No. 7302-04 on second reading, amending the future land use plan element of the Comprehensive Plan of the City, to change the land use designation for certain real property whose post office address is 2950 Glen Oak Avenue, from Residential Urban (RU) to Recreation/Open Space (R/OS). Summary: The Department of Community Affairs (DCA) determined the proprosed plan amendment need not be formally reviewed for consisitency and waived its Objections, Recommendations and Comments Report. DCA did receive a letter from Mr. William Connelly, objecting to the redesignation. While waiving their review, DCA recommended Mr. Connelly's views be considered. The DCA letter and Mr. Connelly's letter to DCA are attached. Originating: City Attorney Section Second Readings - public hearing Category: Second Reading Public Hearing: Yes Advertised Dates: 07/15/2004 09/19/2004 Financial Information: Review Approval Pam Akin 09-08-2004 15: 18: 12 Cvndie Goudeau 09-23-2004 09:04:08 ORDINANCE NO. 7302-04 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE FUTURE LAND USE PLAN ELEMENT OF THE COMPREHENSIVE PLAN OF THE CITY, TO CHANGE THE LAND USE DESIGNATION FOR CERTAIN REAL PROPERTY LOCATED AT THE WESTERN TERMINUS OF GLEN OAK AVENUE, APPROXIMATELY 800 FEET NORTH OF DREW STREET AND 500 FEET WEST OF MCMULLEN BOOTH ROAD, CONSISTING OF METES AND BOUNDS 41/02, IN SECTION 8, TOWNSHIP 29 SOUTH, RANGE 16 EAST, WHOSE POST OFFICE ADDRESS IS 2950 GLEN OAK AVENUE, FROM RESIDENTIAL URBAN (RU) TO RECREATION/OPEN SPACE (RlOS); PROVIDING AN EFFECTIVE DATE. WHEREAS, the amendment to the future land use plan element of the comprehensive plan of the City as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's comprehensive plan; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The future land use plan element of the comprehensive plan of the City of Clearwater is amended by designating the land use category for the hereinafter described property as follows: Property See legal description attached hereto land Use Cateaorv From: Residential Urban (RU) (LUZ2004-03003) To: Recreation/Open Space (RlOS) Section 2. The City Council does hereby certify that this ordinance is consistent with the City's comprehensive plan. Section 3. This ordinance shall take effect immediately upon adoption, subject to the approval of the land use designation by the Pinellas County Board of County Commissioners, and subject to a determination by the State of Florida, as appropriate, of compliance with the applicable requirements of the local Government Comprehensive Planning and land Development Regulation Act, pursuant to 9 163.3189, Florida Statutes. The Community Development Coordinator is authorized to transmit to the Pinellas County Planning Council an application to amend the Countywide Plan in order to achieve consistency with the Future Land Use Plan Element of the City's Comprehensive Plan as amended by this ordinance. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Brian J. Aungst Mayor Approved as to form: Attest: Leslie K. Dougall-Sides Assistant City Attorney Cynthia E. Goudeau City Clerk Ordinance No. 7302-04 CLEARWATER CITY COMMISSION Meeting Date: ~ Item # /t'. I ;{; .... ~ ff'- \ (\~ As stated in Commission Rules, "Representatives of a group may speak for three minutes plus an additional minute for each person in the audience that waives their right to speak, up to a maximum of ten minutes." __--.----- We the undersigned designate as our spokesperson and waive our,{igh (please print) /~~ Sign ~1(l(('JC: 5c ~~ Print Name -:r;- r0 tt-r {-( ~~ S tC~-{ ~ Print Name {3, '1/ (j;1Ufl)~ /Iy Signature Print Name Signature Print Name Signature Print Name Signature Print Name Signature Print Name \\CH3\CLERK\FORMS\Public Comments at Com Mtg.doc 9700-0034 Jan 9, 2002 CLEARWATER CITY COMMISSION Meeting Date: ~ 0 11 ( (:) i Item # to-I b (s;~ ~ As stated in Commission Rules, "Representatives of a group may speak for three minutes plus an additional minute for each person in the audience that waives their right to speak, up to a maximum of ten minutes." We the undersigned designate is \ \..-\..- t-L'fG: as our spokesperson and waive our right to speak. (please prin~ T~ Signatur T GA<LLorJ .~}1..NS:o~ Print NamEr ~ ~A--'~ Si na~ rI\ \ L-t\l2-et LI kAK ~ Name t'A;/ 1f~ ~ Signature J- 9 9 il ifth 7~j'-~t<.J V E: Ai J E \r"\) 1 (3 If; )\)S61\,) Print Name Print Name Signature Signature Print Name Signature Print Name Signature Print Name \\CH3\CLERK\FORMS\Public Comments at Com Mtg.doc 9700-0034 Jan 9, 2002 CLEARWATER CITY COUNCIL 1017104 LADIES & GENTlEMEN OF THE COUNCIL. I AM THE REV. JOHN KEU.EY, REllRED EPISCOPAL MINISTER, RESIDENT OF GRANDVlEW AV., KAPOK TERR. WHILE SEVERAl PROPERllES ON GRANDIVEW ARE LEGALLY IN THE CITY OF CLEARWATER. OUR PROPERTY IS LEGALLY IN PINEUASCO. MY WIFE & I MOVED TO THE NEIGHBORHOOD A UTIlE OVER A YEAR AGO, & WE VERY MUCH ENJOY TI-E RElAXED, mANQUIL AMBIANCE OF OUR NEIGHBORHOOD, WHICH WE, TOO, ARE PERSUADED WOULD BE VERY ADVERSELY AFFECTED BY CONSTRUCTION OF THE PROPOSED PARKING-LOT IN THE NEW PARK AREA. I WANT TO ADDRESS THE ISSUE OF PARKING FOR THIS NEW AREA, BUT 1.. SOME COMMENTS GERMANE TO THE ISSUE: 1) THE NEW PARK AREA BEING CON- STRUCTED IS NOT REALLY A NEW PARK. IT IS RATHER AN EXlENSION OF THE EXISTING CUFF STEPHENS PARK, IMMEDIATELY ADJACENT TO THE NEW AREA ON THE WEST. 2) I KNOW OF NO ONE IN OUR NEIGHBORHOOD WHO OPPOSE THE . NEW PARK AREA; OPPOSED, DEFINITELY, TO THE PROPOSED PARKIM11 3) ~KECf\ R01/'/c;. PARKING FOR ALL OF THE PARK, OR PART OF IT,11JGQUOr;;tiUDI WHERE PARKING FACIUTlES ARE LOCATED IS NOT REAll. Y IMPORTANT. ANYWHERE THERE IS PARKING, PEOPLE WILL HAVE TO 00 A LOT OF WALKING INTO & AROUND IN THE PARK, TO USE IT. PARKS ARE FOR RECREATION, & WALKING IS DEFINITELY THE RECREATIONAL. CHOICE OF MANY PEOPlEI IT IS VERY IMPORTANT TO REALIZE IT IS NOT NECESSARY TO BUILD ANY NeW PARKING-LOT IN THE AREA! ON THE EAST SIDE OF FAlRWOOD AV., IN CUFF STEPHENS PARK, A FEW YARDS SOUTH OF THE R.R. TRACKS THAT ARE THE NORTH BOUNDARY OF THE PARK, THERE IS AN EXISTING 16-SPACE PARKING-LOT. AlL AROUND IT IS AMPLE AREA FOR THE AOOlllON OF &-10 MORE SPACES, EASJL V CONFORMING TO THE DESIRED 22. OR SO, SPACE PROPOSED PARKlNG-LOT. THESE ADDITIONAL. SPACES COULD BE ADDED AT A MUCH LOWER COST TO CLEARWATER TAX-PAYERS, THAN BUILDING A COMPLETE NEW PARKING-LOT. ADOITlONALL V, 200 YAROS, OR SQ, SOUTH OF THIS LOT, ALSO ON THE EAST SlOE OF FAlRWOOD, WHERE THE ClEARWATER EAST-weST TRAIL INTERSECTS WITH FAlRWOOO, THERE IS ANOTHER PARKING-LOT, WITH SOME 12-14 SPACES. THIS LOT IS FOR AN EXISTING CONCRETE BOAT-LAUNCHING RAMP INTO 1 OF THE SMALL lAKES IN THE CUFF STEPHENS COMPLEX. SINCE PLANS FOR THE NEW PARK AREACAlL FOR A CANOEING AREA, THIS BOAT -LAUNCING RAMP, WITH ITS EXISTING PARKING, WOUlD BE THE OBVIOUS P&,CE TO LAUNCH CRAFT FOR CANOEINGIKAYAKING. THESE LAKES HAVE ACC"ESS INTO AWGATOR CREEK, WHICH RUNS THRU THE NEW PARK AREA, WHICH CREEK IS TO BE ENLARGED (WIDENED - DEEPENED?), I PRESUME WITH lHE CANOEING AREA IN MIND. THUS, P FOR THE PARK COMPLEX. U UBT BUILT FOR DISC-GOLF PLAYERS, & SOME MIGHT FEEL TO USE THIS LOT - EVEN EXPANDED - FOR ACCESS TO THE NEW AREA WOUlD INHIBIT D1SC-GOLF PLAYERS' PARKING. IN OUR MANY WALKS IN THIS AREA, MY WIFE & I HAVE SEEN nus LOT FUll. ONLY ONCE - FOR A REGIONAl DISC-GOLF TOURNEY. OTHERWISE, WEEKDAYS, OR WEEKENDS, WE HAVE seEN THE LOT, AT BEST, ONLY 1h FULL. OR LESS. WHEN I COUNTED SPACES THERE LAST TUES., THERE WAS 1 PARKED CAR. THUS, USING THIS LOT FOR ACCESS TO THE NEW AREA WOULD NOT INHIBIT DfSC-GOLF PLAYERS' PARKING. SO, EXPANDING THIS LOT 6-10 SPACES. WITH THE LAUNCH-RAMP LOT, WOUlD PROVIDE SOME 30-35 PARKING-SPACES, &, AS NOlED, FOR A lOT LESS MONEY FOR CLEARWATER TAX-PAYERSJ ;LADlES & GENTlEMEN OF THE COUNCI~ TO REPEAT MY MAJOR POINT: YOU DO NOT NEED TO BUILD A NEW PARKING LOT, ANYWHERE IN THE AREA. YOU ALREADY HAVE THE SPACE NEEDED! IN CLOSING, I'M NOT SURE, Of COURSE, HOW MANY OF YOU MIGHT HAVE ACTUAU.. Y SET FOOT IN THE AREA IN QUESTION. I'M SURE YOU'VE PORED OVER MANY PLANSI I WOULD BE MORE THAN HAPPY TO MEET WITH ANY, OR AU., OF YOU TO WAU< OVER THE AREA, SO YOU MIGHT SEE 1m HAND WHAT I PRESENT HERE REGARDING PARKING, & TO ACQUAINT YOU BETTER WITH OUR NEIGHBORHOOD, & WHY WE OPPOSE THE CUARENTL Y PlANNED PARKING-LOT. MY NUMBER IS IN THE 'PHONEBOOK, ON GRANDVIEW AV., & "KELLEY" IS SPEUED WITH AN "EY". THANKYOU FOR YOUR TIME, & USTENING TO ME. ++++++ THE REV. JOHN B. KEUEY 3012 GRANDVlEW AV., CLEARWATER 727-791-0135 -.."...- ---'.~" '" - 1:':_'''-" 'l:. :,....T;:;~'".....:. .,a......." . - CLEARWATER CITY C MMISSION Meeting Date: ~~ ~ Item # / tJ A ) G As stated in Commission Rules, "Representatives of a group may speak for three minutes plus an additional minute for each person in the audience that waives their right to speak, up to a maximum of ten minutes." We the undersigned designate ~v. 7;;L)?) Ie"y as our spokesperson and waive our right to speak. (please print) K'ef//~ Print Name ~\N~"I\~~ ~.Ye,\\{J\J Print N me J /j,tel,/ Signature Print Name Signature Print Name Signature Print Name Signature Print Name Signature Print Name \\CH3\CLERK\FORMS\Public Comments at Com Mtg.doc 9700-0034 Jan 9, 2002 STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS "Dedicated to making Florida a better place to call home" JEB BUSH Governor THADDEUS L. COHEN, AlA . Seaetary ......------ August 20, 2004 :""'''':~ .'''-~ ':; .!l ~L.y The Honorable Brian Aungst Mayor, City of Clearwater 100 South Myrtle Avenue Clearwater, Florida 33756 AUG 2 a 2004 Dear Mayor Aungst: The Department has conducted a preliminary review of the City of Clearwater proposed Comprehensive Plan amendment received on July 16, 2004, (DCA No. 04-2). The Department has determined that the proposed plan amendment need not be formally reviewed for consistency with Chapter 163, Florida Statutes (F.S.), and Rule 9J-5, Florida Administrative Code (F.A.C.). In addition, the Department has not received any recommendation for review from the Tampa Bay Regional Planning Council, but has received a comment from Mr. William Co~nelly who objected to the redesignation the 36 acre parcel from Residential Urban to Open Space / Recreation. With this letter, the Department waives its Objections, Recommendations and Comments Report. The City may proceed to immediately adopt the amendment; however, we recommend that you consider Mr. Connelly's views during your decision making process. For your assistance, we have attached procedures for final adoption and transmittal of the comprehensive plan amendment. This letter should be made available for public inspection. If you have any questions concerning this matter, please contact Mark Neuse, Planner, or Marina Pennington, Regional Planning Administrator, at (850) 922-1798. ;:1:' M _e,~ leA Charles Gauthier, AICP t1 Chief of Comprehensive Planning CG/mn cc: Ms. Gina Clayton, City of Clearwater Mr Manny Pumariega, TBRPC Enclosures: Review Agency Comments Letter from Mr. William Connelly 2555 SHUMARD OAK BOULEVARD $ TALLAHASSEE, FLORIDA 32399-2100 Phone: 850.488.8466/Suncom 278.8466 FAX: 850.921.0781/Suncom 291.0781 Internet address: htto:/Iwww.dca.state.fl.us L CRITICAL STATE CONCERN FIELD OFFICE 2796 Overseas Highway, Suite 212 Marathon, FL 33050-2227 t"nii:,..,o,", ..,........, COMMUNITY PLANNING 2555 Shumard Oak Boulevard Tallahassee. FL 32399-2100 EMERGENCY MANAGEMENT 2555 Shumard Oak Boulevard Tallahassee. FL 32399-2100 ._.....~ ..- ---- HOUSING & COMMUNITY DEVELOPMENT 2555 Shumard Oak Boulevard Tallahassee. FL 32399-2100 Mr. Thaddeus Cohen, Secretary Department of Community Affairs State of Florida 2555 Shurnand Oak Boulevard Tallahasse, Florida 32399-2100 Dear Secretary Cohen, I am writing in reference to a City of Clearwater, Department of Public Works project entitled KAPOK WETLANDS AND FLOODPLAIN RESTORATION PROJECT (Clearwater LUZ 2004-03003) which is currently being reviewed by the Departmentof Community Affairs for approval of the revisions made to the original Project Plan. This letter is to inform you that the residents of my community have expressed deep concerns regarding the adverse affect the addition of an unsecured and unmonitored Parking Lot in the Northeast corner of this project site will have on our densely populated residential tract. This project replaces a Mobile Horne Trailer Park that never should have been built on this 37 acre site in the first place. In the original plan, there was no provision for a Parking Lot, and the Northeast corner was not the primary public entry for the park. The parking facility was added to comply with the requirements of Grant received by the City of Clearwater. Its location in the northeast corner is the easiest way to provide this access. While we do not object to a Parking Lot as part of this project, its location is the matter of serious concern to us. We believe that it was placed in this location primarily because it would not create any traffic problems for City of Clearwater residents. Traffic would be routed through Pinellas County streets. The Site Plan, as currently drawn, will require visitors to this park to travel more than one half mile through the narrow streets of our densely populated community. Our streets were never designed to support this type of traffic, and there are currently no sidewalk access for the residents. The lack of sidewalks has not been a problem in the past because there a is minimal traffic flow. There is no park in the ~ity of Cle~rwater, or throughout Pinellas County that requires the public to drive one half mile into the heart of a residential community for access. Additional traffic, especially outside drivers traveling to a recreational activity, pose an increased danger to our most vulnerable community residents - the young and the elderly. The children of this community utilize these streets for recreational activities - to roller skate, ride their bikes, skateboard and play ball. They are currently safe, and within the eyesight and hearing of their parents. ~ Our community is also the home of many Senior Citizens whose physical agility and varied handicaps make them suseptible to injury as they try to dodge the additional traffic. We are also concerned about illegal activity in this parking lot by drug dealers and other criminals who will use this unsecured and unmonitored lot, open 24/7, as a new haven for their illegal transactions. This availability will not only draw park visitors during the daylight hours, but also a criminal element after dark that will create serious safety and security concerns for many of our residents. We have expressed these concerns to the City of Clearwater, and their responses have demonstrated an insensitive disregard for the safety of our residential community. In a letter addressed to the City Council dated 6/5/04, a member of our community expressed our concerns. This letter was discussed at the Council Work Session on 6/15/04. That session was televised locally, and representatives of the Planning Department and the Engineering Department provided inappropriate and somewhat inane responses to the matters outlined by the community. The letter expressed concerns about additional traffic and the lack of sidewalks and the narrow streets. The Planning Department responded that this was not a matter of concern for the City Council because the individuals involved were not residents of the City of Clearwater. She insisted that this concern should be addressed by Pinellas County, and not the City. I guess she missed the point that the City of Clearwater was planning to invade our neighborhood, not Pinellas County. The letter expressed concerns about addition of the unmonitored Parking Lot, and the City Engineer responded that this should not be a concern because the lot would be unpaved. Gee, doesn't that make us feel a whole lot safer. The letter proposed two alternative sites for the Parking Lot, and the response was that both sites were too far a walk from the heart of the Park. Both sites we proposed are in non-residential areas and adequate parking currently exist at both sites. One on the southern edge of the project, the other in the northwest corner of the project. How the distance became a factor is beyond me. This is, after all, a "walk through experience" with trails and paved pathways. The letter also addressed the lack of information that has been forthcoming from the City of Clearwater regarding this project, and the response from the City Manager was that there were several newspaper articles which he believes is sufficient. The fact that the newspaper articles did not include specifics seems to evade this high paid City Official. Not to mention the obligation the City has to keep "affected residents" informed. (Affected residents does not mean City residents L_ ONLY. ) There are 133 homeowners in our community. In a petition to remove this Parking Lot as currently planned, we were able to obtain 118 signatures from individual homeowners. Those who were not available to sign the petition (15) are non-resident owners. We presented this petition to the City Council on June 17, 2004, and it should now be a part of the Official Record. At the City Council meeting, 10 members of our community spoke against the Parking Lot. We again expressed our concerns and the responses from the City Staff were basically the same, and just as ridiculous. The City Planning Department stated, " this project went unchallenged at the Community Development Board, who approved the plan unanimously." While this may be technically correct, it is a little misleading. At the outset of the May 18, 2004 Community Development Board, the chairman indicated that this project would be moved to the Consent Agenda, and the matter was never brought up for discussion. When he had asked at that time whether there was anyone who was planning to speak on it, two residents of our community raised their hands, but the matter was still moved to the Consent Agenda. At the City Council Meeting, one of our speakers addressed the fact that the construction vehicles would utilize our streets as a means of ingress and egress during the 12 month construction p~ribd. Once again the Council was given bad information. The City Engineer told the Council that the vehicles would enter once, and remain on site during the entire construction project. He backtracked at bit in St. Petersburg Times article on 7/5/05, where he is quoted as saying, "If the construction vehicles tear up the street, they will have to repair them..." What happened to keeping the vehicles on site? The City Engineer also stated at the City Council Meeting that he has considered the alternative suggestions for the Parking Lot and determined that if the lot had to be built at the Nbrthwest (altetnate site1)~orner of the site, "._1 would have to build 1200 feet of roadway to accommodate the lot." I guess the lives and safety of Pinellas County residents are worth less than 1200 feet of roadway. What is more frightening about this project is that the decision making process is limited to a very few people. The City Planning Department and Engineering Department are not required to get an approval of the Site Plan because there are no buildings included as part of this project, and the total cost of the project doesn't require an additional approval process. Those City employees who have adamantly refused to work with this community and have consistently provided misleading information will have the final approval of the Site Plan and where the parking lot will be located. l/l.. 11 \ Q,\l City Council Cover Memorandum Tracking Number: 853 Actual Date: 10/07/2004 Subject / Recommendation: Adodpt Ordinance No. 7303-04 on second reading, amending the zoning atlas of the City by rezoning certain property whose post office address is 2950 Glen Oak Avenue, from Mobile Home Park (MHP) to Open Space/Recreation (OS/R) Originating: City Attorney Section Second Readings - public hearing Category: Second Reading Public Hearinq: Yes Advertised Dates: 07/15/2004 09/19/2004 Financial Information: Review Approval Pam Akin 09-08-2004 15: 18:49 Cvndie Goudeau 09-16-2004 11:55:51 ORDINANCE NO. 7303-04 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY BY REZONING CERTAIN PROPERTY LOCATED AT THE WESTERN TERMINUS OF GLEN OAK AVENUE, APPROXIMATELY 800 FEET NORTH OF DREW STREET AND 500 FEET WEST OF MCMULLEN BOOTH ROAD, CONSISTING OF METES AND BOUNDS 41/02, IN SECTION 8, TOWNSHIP 29 SOUTH, RANGE 16 EAST, WHOSE POST OFFICE ADDRESS IS 2950 GLEN OAK AVENUE, FROM MOBILE HOME PARK (MHP) TO OPEN SPACE/RECREATION (OS/R): PROVIDING AN EFFECTIVE DATE. WHEREAS, the amendment to the zoning atlas of the City as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's Comprehensive Plan; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following described property in Clearwater, Florida, is hereby rezoned, and the zoning atlas of the City is amended as follows: Property Zonino District See legal description attached hereto (LUZ2004-03003) From: Mobile Home Park (MHP) To: Open Space/Recreation (OS/R) Section 2. The City Engineer is directed to revise the zoning atlas of the City in accordance with the foregoing amendment. Section 3. This ordinance shall take effect immediately upon adoption, subject to the approval of the land use designation set forth in Ordinance 7304-04 by the Pinellas County Board of County Commissioners, and subject to a determination by the State of Florida, as appropriate, of compliance with the applicable requirements of the Local Government Comprehensive Planning and Land Development Regulation Act, pursuant to 9163.3189, Florida Statutes. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Brian J. Aungst Mayor Approved as to form: Attest: Leslie K. Dougall-Sides Assistant City Attorney Cynthia E. Goudeau City Clerk Ordinance No. 7303-04 Trackinq Number: 869 City Council ... ...~jJ~~~~..~Q~!:,~.~~Q!:~~~~~~_.^., Actual Date: 10/07/2004 Subject / Recommendation: Adopt Ordinance No. 7335-04 on second reading amending the operating budget for the fiscal year ending September 30, 2004. Originating: City Attorney Section Second Readings - public hearing Category: Second Reading Public Hearing: Yes Advertised Dates: 09/05/2004 09/26/2004 Financial Information: Review ADproval Pam Akin Cvndie Goudeau 09-15-2004 15:08:41 09-22-2004 11: 16: 26 tA\3 \0' \~ ORDINANCE NO. 7335-04 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE OPERATING BUDGET FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 2004 TO REFLECT INCREASES AND DECREASES IN REVENUES AND EXPENDITURES FOR THE GENERAL FUND, SPECIAL DEVELOPMENT FUND, SPECIAL PROGRAM FUND, WATER & SEWER FUND, STORMWATER FUND, SOLID WASTE FUND, GAS FUND, SOLID WASTE FUND, RECYCLING FUND, HARBORVIEW CENTER FUND, ADMINISTRATIVE SERVICES FUND, GENERAL SERVICES FUND AND GARAGE FUND, AS PROVIDED HEREIN; PROVIDING AN EFFECTIVE DATE. WHEREAS, the budget for the fiscal year ending September 30, 2004, for operating purposes, including debt service, was adopted by Ordinance No. 7188-03; and WHEREAS, at the Third Quarter Review it was found that increases and decreases are necessary in the total amount of $636,832 for revenues and $5,141,672 for expenditures; and WHEREAS, a summary of the amended revenues and expenditures is attached hereto and marked Exhibit A; and WHEREAS, Section 2.519 of the Clearwater Code authorizes the City Council to provide for the expenditure of money for proper purposes not contained in the budget as originally adopted due to unforeseen circumstances or emergencies arising during the fiscal year; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. Section 1 of Ordinance No. 7188-03 is amended to read: Pursuant to the Amended City Manager's Annual Report and Estimate for the fiscal year beginning October 1, 2003 and ending September 30, 2004 a copy of which is on file with the City Clerk, the City Council hereby adopts an amended budget for the operation of the City, a copy of which is attached hereto as Exhibit A. Section 2. This ordinance shall take effect immediately upon adoption. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Brian J. Aungst, Mayor Approved as to form: Attest: Pamela K. Akin, City Attorney Cynthia E. Goudeau, City Clerk 52 Ordinance No. 7335-04 EXHIBIT A 2003-04 BUDGET REVENUE First Third Quarter Mid Year Quarter Original Amended Amended Amended Budget Budget Budget Budget Budget 2003/04 2003/04 2003/04 2003/04 Amendment General Fund: Property Taxes 34,773,010 34,773,010 34,773,010 34,889,320 116,310 Sales Tax 14,230,580 14,230,580 14,230,580 13,804,000 -426,580 Franchise Fees 7,100,000 7,100,000 7,100,000 7,449,000 349,000 Utility Taxes 10,661,090 10,661,090 10,661,090 10,459,090 -202,000 Licenses & Permits 3,601,650 3,601,650 3,601,650 3,757,860 156,210 Fines, Forfeitures or Penalties 1,541,820 1,541,820 1 ,541 ,820 1,335,520 -206,300 Intergovernmental Revenue 9,689,670 9,689,670 9,689,670 9,887,250 197,580 Charges for Services 3,764,430 3,582,810 3,592,810 3,386,930 -205,880 Use and Sale of City Property and Money 1,113,480 1,203,480 1,203,480 1,203,480 0 Miscellaneous Revenues 158,700 158,700 158,700 165,820 7,120 Interfund ChargeslTransfers 12,573,500 12,886,420 12,886,420 13,051,730 165,310 Transfer from (to) Surplus 0 527,420 547,420 703,150 155,730 Total, General Fund 99,207,930 99,956,650 99,986,650 100,093,150 106,500 Special Revenue Funds: Special Development Fund 16,401,000 16,898,376 17,639,938 17,944,398 304,460 Special Program Fund 2,210,680 4,482,291 5,697,765 6,690,417 992,652 Local Housing Asst Trust Fund 900,000 900,000 900,000 900,000 0 Utility & Other Enterprise Funds: Water & Sewer Fund 49,174,000 59,245,740 59,245,740 54,849,250 -4,396,490 Stormwater Utility Fund 9,765,770 9,765,770 9,765,770 9,765,770 0 Solid Waste Fund 16,384,500 16,434,500 16,563,000 16,679,000 116,000 Gas Fund 30,042,460 30,039,460 32,775,860 35,843,410 3,067,550 Recycling Fund 2,390,200 2,425,200 2,467,400 2,603,400 136,000 Marine and Aviation Fund 3,260,770 3,334,380 3,400,680 3,400,680 0 Parking Fund 4,490,260 4,490,260 4,490,260 4,490,260 0 Harborview Center Fund 1,844,850 2,130,980 2,131,940 2,131,940 0 Internal Service Funds: Administrative Services Fund 8,492,560 8,492,560 8,492,560 8,518,410 25,850 General Services Fund 3,445,080 3,445,080 3,445,080 3,459,600 14,520 Garage Fund 9,484,630 9,901,920 9,936,920 10,206,710 269,790 Central Insurance Fund 16,881,260 17,383,260 17,383,260 17,383,260 0 Total, All Funds 274,375,950 289,326,427 294,322,823 294,959,655 636,832 Ordinance #7335-04 L_ EXHIBIT A (Continued) 2003-04 BUDGET EXPENDITURES First Third Quarter Mid Year Quarter Original Amended Amended Amended Budget Budget Budget Budget Budget 2003/04 2003/04 2003/04 2003/04 Amendment General Fund: City Commission 280,800 280,800 280,800 280,800 0 City Manager's Office 800,610 800,610 820,610 820,610 0 City Attorney's Office 1,402,730 1,402,730 1,402,730 1,402,730 0 City Audit 137,070 137,070 137,070 132,870 -4,200 Development & Neighborhood Svcs 3,524,080 3,524,080 3,524,080 3,524,080 0 Economic Development & Housing S 1,546,940 1,546,940 1 ,546,940 1,546,940 0 Equity Services 473,410 473,410 473,410 473,410 0 Finance 1,987,480 1,987,480 1,987,480 1,987,480 0 Fire 17,716,880 17,716,880 17,716,880 17,716,880 0 Human Resources 1,161,610 1,211,610 1,211,610 1,261,610 50,000 Library 5,422,400 5,422,400 5,422,400 5,442,400 20,000 Marine & Aviation 436,570 436,570 446,570 493,870 47,300 Non-Departmental 3,805,450 4,121,790 4,121,790 4,199,600 77,810 Office of Management & Budget 296,500 296,500 296,500 300,700 4,200 Official Records & Legislative Svcs 1,214,150 1,214,150 1,214,150 1,214,150 0 Parks & Recreation 18,037,250 18,045,630 18,045,630 17,914,230 -131,400 Planning 1,167,890 1,167,890 1,167,890 1,203.560 35,670 Police 29,772,010 30,146,010 30,146,010 30,153,130 7,120 Public Communications 929,530 929,530 929,530 929,530 0 Public Works Administration 9,094,570 9,094,570 9,094,570 9,094,570 0 Total, General Fund 99,207,930 99,956,650 99,986,650 100,093,150 106,500 Special Revenue Funds: Special Development Fund 15.944,310 16,407,386 16,441,470 16,441,470 0 Special Program Fund 2,110,680 4,382,291 5,597,765 6,590,417 992,652 Local Housing Asst Trust Fund 900,000 900,000 900,000 900,000 0 Utility & Other Enterprise Funds: Water & Sewer Fund 46,061,120 54,609,530 54,474,890 54,474,890 0 Stormwater Utility Fund 7,840,940 7.840,940 7,840,940 9,377,340 1,536,400 Solid Waste Fund 16,184,650 16,234,330 16,354,330 16,423,680 69,350 Gas Fund 28.912,550 28,962,760 31,443,410 33,351,110 1,907,700 Recycling Fund 2,317,000 2,352,000 2,393,370 2,476,800 83,430 Marine and Aviation Fund 3,186,240 3,186,240 3,186,240 3,186,240 0 Parking Fund 3,923,940 4,128,940 4,128,940 4,278,940 150,000 Harborview Center Fund 1,844,850 1,930,220 1,931 ,180 1,931,180 0 Internal Service Funds: Administrative Services Fund 8,435,890 8,435,890 8,435,890 8,461,740 25,850 General Services Fund 3.444,720 3.444,720 3.444,720 3,444,720 0 Garage Fund 9,480,730 9,584,880 9,619,880 9,889,670 269,790 Central Insurance Fund 15,694.470 16,194,470 16,194,470 16,194,470 0 Total, All Funds 265,490,020 278,551,247 282,374,145 287,515,817 5,141,672 Ordinance #7335-04 L~ Tracking Number: 870 City Council .......m.....m.~g~.~~.~.~~~~r.....~..~.!!!.!?r.~.~..~.!I m,,,,..m Actual Date: 10/07/2004 Subject / Recommendation: Adopt Ordinance No. 7336-04 on second reading, amending the Capital Improvement Budget for the fiscal year ending September 30, 2004, to reflect a net decrease of $72,705. Qrjginating: City Attorney Section Second Readings - public hearing Category: Second Reading Public Hearing: Yes Advertised Dates: 09/05/2004 09/26/2004 Financial Information: Review ADDroval Pam Akin Cvndie Goudeau 09-15-2004 15:09:24 09-22-2004 11:17:40 (I,A Ie) 10-', ORDINANCE NO. 7336-04 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE CAPITAL IMPROVEMENT BUDGET FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 2004, TO REFLECT A NET DECREASE OF $72,705 PROVIDING AN EFFECTIVE DATE. WHEREAS, the Capital Improvement Budget for the fiscal year ending September 30, 2004 was adopted by Ordinance No. 7189-03; and WHEREAS, Section 2.519 of the Clearwater Code authorizes the City Council to provide for the expenditure of money for proper purposes not contained in the budget as originally adopted due to unforeseen circumstances or emergencies arising during the fiscal year; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA; Section 1. Section 1 of Ordinance No. 7189-03 is amended to read: Pursuant to the Third Quarter Amended Capital Improvement Program Report and Estimated Budget for the fiscal year beginning October 1, 2003 and ending September 30,2004, a copy of which is on file with the City Clerk, the City Council hereby adopts a Third Quarter Amended budget for the capital improvement fund for the City of Clearwater, a copy of which is attached hereto as Exhibit A. Section 2. This ordinance shall take effect immediately upon adoption. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Brian J. Aungst Mayor Approved as to form: Attest: Pamela K. Akin City Attorney Cynthia E. Goudeau City Clerk L City Council ..~~.!!.~..~.......~.ov.~~~.~!!!Q~~I!..~...~ !!!... Tracking Number: 812 Actual Date: 10/07/2004 Subject / Recommendation: Award a contract in the amount of $499,923.00 to Pierce Manufacturing, Inc. of Appleton, Wisconsin for the purchase of one 2005 Pierce Custom Heavy Rescue (Squad) unit in accordance with Lake County Contract Bid No. 99-150, authorize the appropriate officials to execute same and authorize lease purchase financing. Summary: Squad 49 is the only front-line, heavy rescue unit within Clearwater Fire & Rescue. It is a 1997 Spartan heavy rescue vehicle. Originally, we had hoped for a 10-year life expectancy. However, due to its frequent use, the Squad is rapidly approaching the end of its usefulness in a front-line capacity. As the only heavy rescue unit in the City, it responds to every working fire, every technical rescue, and each extrication, including every second-alarm motor vehicle accident. The reserve unit for Squad 49 is a 1979 Chevrolet heavy-duty truck, which was the previous Squad. It, also, has surpassed its life expectancy. The existing primary 1997 Squad will replace it as the reserve heavy rescue unit. The construction of this heavy rescue apparatus requires six months. It is, therefore, necessary to obtain approval to enter into a purchase contract with Pierce Manufacturing, Inc. at this time, although funding and payment will not be required until April 2005. Funding for this purchase is budgeted in capital project 315-91250. Funding for the debt service payments on the vehicle are budgeted in the Fire Department's 2004/2005 operating budget. Originating: Fire and Rescue Department Section Consent Agenda Category: Purchasing items with a lease purchase Financial Information: ~ Capital Expenditure Bid Required? No Bid Exceptions: Other Government Bid Other Contract? Lake County Contract Bid No. 99-150 In Current Year Budget? No Budqet Adjustment: No t:Pi 11'1 Current Year Cost: $0.00 Annual Operating Cost: $0.00 Appropriation Code(s) 315-912XX Review Approval Rowland Herald Cvndie Goudeau Georae McKibben Garrv Brumback Tina Wilson Bill Horne City Council m~~~~g<~<~.da ~~<~.<~.!:....<<~.<~<~Q.~~...~m~~..~ Amount $499,923.00 Comments Funded from elimination of Apparatus Refurbishment Program 08-24-2004 16:04:50 09-22-2004 11:31 :04 09-03-2004 13:57:38 09-16- 2004 11:23:37 09-03-2004 14:49:54 09-21-2004 15:07:45 MODIFICATION OF CONTRACT LAKE COUNTY FLORIDA '6z' J:'p 1. 1 Modification No.: 11 2. Contract No.: 99-150 Effective Date: May 22, 2004 Effective Date: July 19, 1999 3. Contracting Officer. Roseann Johnson, CPPS Telephone Number: (352) 343-9765 ~.;,~ 5. Contractor-Name and address: Pierce Mfg. Inc 4. Issued By: Lake County, Florida Procurement Services Lake County Administration Building 315 W. Main St., Suite 416 Tavares, Florida 32778-7800 6. SPECIAL INSTRUCTIONS: If indicated, contractor is required to sign Block B showing acceptance of the bE!dow written modification and return this form to address shown in Block 4 within ten (10) davs after receipt, preferably by certified mail to ensure a system of positive receipts. Retain a photocopy of the signed copy of this modification anc attach to oriQinal of contract which was previouslv provided. PO Box 2017 Appleton, WI 54913 Attn: Robert Boggus 7. DESCRIPTION OF MODIFICATION: Extend contract through May 21, 2005, per special terms and conditions, item 4. 8. Contractor's Signature: Name 9. Lake County, Florida By: Title Date ~~,~ Contracting Officer t:l 10. Distribution: Original - Bid No. 99-150 Copies - Contractor Public Safety Contracting Officer Ten-8 Fire Equipment lnc ~ t; ZfJtJi 2'd 82Et-2SS-1..21.. ~'il.:l ~:31I::1M~I::I:3l:J d82:10 to 82 das City of CleaJWater Fire & Rescue 610 Franklin St Clearwater, FL 33756 PROPOSAL FOR FURNISHINC FIRE APP ARA TUS June 18 2004 , The undersigned is prepared to manufacture for you, upon an order being placed by you, for final acceptance by Pierce Manufacturing, Inc., at its home office in Appleton, Wisconsin, the apparatus and equipment herein named and for the following prices: One (1) Pierce Custom Heavy Duty Squad Unit. Pricing is based on the current Lake County Contract No, 99-150. $ 499,923,00 Available Discount: If you choose to make a chassis progress payment of $163,178,00 ninety days prior to completion you can deduct $4,895.00 off of the final price. Total $ 499,923.00 Said apparatus and equipment are to be built and shipped in accordance with the specifications hereto attached, delays due La strikes, war, or intentional conflict, failures to obtain chassis, materials, or other causes beyond our control not preventing, within about 9-10 working days after receipt o[this order and the acceptance thereof at our office at Appleton, Wisconsin, and to be delivered to you at Clearwater, Florida - The specifications herein contained shall form a part of the final contract, and are subject to changes desired by the purchaser, proviued such alterations are interlined prior to the acceptance by the company of the order to purchase, and provided ~uch alterations do not materially affect the cost of the construction of the apparatus. The proposal for fire apparatus confonns with all Federal Department of Transportation (DOT) rules and regulations in effect at the time of bid, and with all National Fire Protection Association (NFP A) . Guidelines for Automotive Fire Apparatus as published at the time of bid, except as modified by customer specifications. Any increased costs incurred by first party because of future changes in or additions to said DOT or NFP A standards wiII be passed along to the customers as an addition to the price set forth above, Unless accepted within 30 days from date, the right is reserved to withdraw this proposition. PIERCE MANUFACTURING, INC. ByU ~= / SALES REPRES . TATIVE I <~> Eod SGEV-G9S-L.GL. 1:1'8.:1 i:l3.L1::I1'li:l1::l3"l:J dSG:I0 '170 SG das City Council .....mm~m~'~g'~,!:!~~~w,~Q~~im'~~!!!Qr~!:!~~m., Tracking Number: 825 Actual Date: 10/07/2004 Subject / Recommendation: Appoint Robert Going to the remainder of the two-year term as a Trustee of the Clearwater Firefighters Supplemental Trust Fund, vacated by Rowland E. Herald, in accordance with Sec. 175.061 of the Florida State Statutes. Summary: The Clearwater Firefighters' Supplemental Trust Fund is the recipient of monies obtained by the State of Florida from insurance companies doing business within the community. These monies are required to be administered by a Board of Trustees whose composition must consist of two legal residents of the City appointed by the City Council; two City firefighters elected by the firefighters; and a fifth member chosen by a majority of the other four members and submitted to the City Council for appointment. The Board of Trustees is solely responsible for administration of the trust fund. The other four member of the Board of Trustees selected Robert Going to be appointed as the fifth member to replace former member Rowland Herald, whose term will expire on December 31, 2004. It iSt thereforet recommended that the City Councilt as a ministerial dutYt appoint Robert Going as a trustee to the seat vacated by Rowland Heraldt through the period ending December 31, 2004. Oriqinating: Fire and Rescue Department Section Consent Agenda Category: Other Financial Information: ~ Other Review Approval Cvndie Goudeau 09-22-2004 11:30:23 Garrv Brumback 09-16-2004 11:25:17 Bill Horne 09-21-2004 15:06:24 FD2 /1.2- LI (!) 1 \ ,. :? City Council Cover Memorandum Tracking Number: 824 Actual Date: 10/07/2004 Subject / Recommendation: Approve month-to-month lease with Arnold-Brown Properties, 121 N. Osceola Ave., Clearwater, FL for 72 parking spaces at 121 N. Osceola Ave. commencing October 1, 2004 to be used for Main Library parking and authorize the appropriate officials to execute same. Summary: This month-to-month lease will provide an additional 72 parking spaces for the Main Library. The spaces were previously used as parking for the temporary Main Library at the Colliers Arnold Building at 121 N. Osceola Ave. The following are terms of the lease: *Rent payment is $1500 per month or $18,000 annually. *The City can terminate the lease with 30 days notice. *The property owner is responsible for real estate taxes. *The City and Arnold-Brown Properties agree the fair market of the spaces is $3240 per month. The City acknowledges donation of $1740 per month. A first quarter budget amendment will provide $18,000 from General Fund retained earnings. A copy of the lease agreement is available in Official Records and Legislative Services. Originating: Library Section Consent Agenda Category: Real Property Basic Lease to the City Number of Hard Copies attached: 1 Public Hearing: No Financial Information: ~ Operating Expenditure Bid Required? No Bid Exceptions: Impractical to Bid In Current Year Budget? No Budget Adjustment: Yes City Council .w.m~ge!:!~~..~~y~~~ erno r~!:!!!~l11m Budget Adjustment Comments: First quarter budget amendment transfering $18,000 from General Fund retained earnings. Current Year Cost: $18,000.00 Annual Operating Cost: $18,000.00 For Fiscal Year: 10/01/2004 to 09/30/2005 Total Cost: $18,000.00 Not to Exceed: $18,000.00 $18,000.00 Comments First quarter transfer from General Fund retained earnings. Appropriation Code(s) 0010-01732-544300-571-00 Amount Review Approval John Szabo Bill Horne 09-01- 2004 13:44:24 09-30-2004 16: 15:09 09-24-2004 11: 10:07 09-29-2004 16: 18:31 09-27-2004 13:30:01 09-30-2004 09:21:26 Cvndie Goudeau Laura LiDowski Garrv Brumback Tina Wilson fL' LI~ i LEASE AGREEMENT THIS LEASE AGREEMENT is made and entered into this day of , 2004, by and between Arnold-Brown Properties, a Florida General Partnership, 121 North Osceola Avenue, Clearwater, Florida 33755, herein called the "Lessor", and The City of Clearwater, a municipal corporation of the State of Florida, 112 South Osceola Avenue, Clearwater, Florida, 33756, herein called the "Lessee". WITNESSETH: WHEREAS, the Lessor is the owner of that certain property located at 121 North Osceola Avenue, Clearwater, Florida 33755, more particularly described in Exhibit "A", attached hereto and incorporated herein ("Premises"), which consists of a parking lot ("Parking Lot") and a building ("Structure"); and WHEREAS, Lessee desires to lease from Lessor that portion of the Premises constituting said Parking Lot for use as a public parking facility; WHEREAS, Lessor desires to continue to occupy Structure; and NOW, THEREFORE, in consideration of the Premises and the mutual covenants contained in this Agreement, the Lessor and Lessee hereby agree as follows: 1. RECITALS. The foregoing recitals are true and correct and are incorporated in and form a part of this agreement. 2. TERM This term of this lease shall be one month commencing on August 1, 2004, ("Commencement Date") and continuing month-to-month unless earlier terminated under the terms of this agreement. Lessor retains the right to terminate this lease upon fifteen (15) days written to Lessee. 3. RENT. a. Rent: Lessee agrees to pay the sum of Fifteen Hundred dollars ($1500.00) per month, due on the 1 st of each month, plus applicable sales taxes for the term of this lease. Simultaneously with the execution and delivery of this lease, the Lessee shall pay the first month's rent, which shall be prorated if Lessee occupies the Parking Lot for less than the full month. b. Real Estate Taxes: Lessor shall be responsible to pay the real estate taxes on the Premises. c. Donation to City: Lessor and Lessee hereby agree that the fair market value of the subject parking area is Three Thousand Two Hundred Forty dollars ($3,240) per month or Forty-Five dollars ($45) per space, per month. Lessor has agreed to donate a portion of the fair market rental rate totaling One Thousand Seven Hundred Forty dollars ($1,740) per month to the City of Clearwater as Lessee and Lessee acknowledges such donation. 4. LEASEHOLD. The Lessor leases to the Lessee the following described property, located in Pinellas County, Florida, to wit: SEE EXHIBIT "8" (INSERT A DIAGRAM OF THE LOT DIPICTING PARKING SPACES) Said property consisting of approximately seventy-two (72) parking spaces. 5. USE OF PREMISES. Lessee shall use the Parking Lot for parking to support its Main Library facility which is located to the West of the Premises. Lessee covenants and agrees to make no unlawful, improper or offensive use of the leased premises. At the termination of this lease, Lessee agrees to return the premises to the Lessor in as good condition as at the effective date of this agreement, subject to normal wear and tear. Lessor hereby reserves three (3) parking spaces, which shall be clearly labeled as such, to support Lessor's use of the Structure. 6. MAINTENANCE/REPAIR/IMPROVEMENT OF PREMISES. Parking Lot is being leased in "as is" condition. Lessor and Lessee hereby agree that at the inception of this lease, the Parking Lot does not require repair or improvement such as paving, etc., and it is not contemplated hereunder that Lessee will provide repair or improvement. The Lessee shall properly maintain the leasehold in a clean and orderly condition. Lessor shall remain entirely responsible for the maintenance of the Premises. Lessee may restripe, paint or otherwise mark or label parking spaces and install signage in accordance with applicable law. 7. QUIET ENJOYMENT. Upon payment of the rents herein required, and upon observing and performing the covenants, terms and conditions required by the lease, the Lessee shall peaceably and quietly hold and enjoy the leased premises for the term of the lease without hindrance or interruption by the Lessor. 8. INSURANCE Prior to taking possession of the premises Lessee shall provide proof of self Insurance against claims for injuries to persons or damage to property which may arise from or in connection with this lease. Nothing herein shall be construed as a waiver of Lessee's right to sovereign immunity or any limitation of liability to which Lessee is entitled to pursuant to S 768.28, Florida Statutes. Lessor shall otherwise insure Premises at its cost and expense. 11. REPARABLE DAMAGE. If any portion of the Premises are damaged by fire or otherwise to such extent so as to interfere with their use by Lessee, the rent payable for the period commencing on the date on which Lessee gives Lessor written notice of such damage, and ending on the date on which restoration of the Premises is completed, shall be abated in the proportion which the area made unusable bears to the overall area of the premises leased to the Lessee prior to the damage. If the Premises are totally destroyed or rendered untenantable, Lessor shall have the right, but no obligation, to render the premises tenantable by repairs within thirty (30) days from the date that insurance claims of Lessor and Lessee shall have been settled 2 and Lessor shall be free of all restrictions as to proceeding with the work of repair or restructure. The rent payable for the period commencing on the date on which Lessee gives Lessor written notice of such damage and ending on the date on which restoration of the Premises is completed shall be abated. If the premises are not rendered tenantable within that period, either party may cancel this Lease, and in the event of cancellation rent shall be paid only to the day of the casualty. 12. LIABILITY AND INDEMNIFICATION Lessee agrees to assume all risks of the Parking Lot and all liability therefore, and shall defend, indemnify, and hold harmless the Lessor, for all claims related to its use hereunder. However, nothing herein shall constitute a waiver by Lessee of its sovereign immunity and the limitations set forth in Section 768.28 Florida Statutes. 13. SPECIAL EVENT PARKING REVENUES. Subject to Lessee's use hereunder and right of first refusal, Lessor may, periodically request in writing, the right to utilize Parking Lot for Special Event Parking. Upon written approval of Lessee for such use, Lessor shall be permitted to enter upon subject property and allow for any use thereof not inconsistent with this Lease. 14. ASSIGNMENT OF LEASE. This Lease, or any part thereof or interest therein, may not be assigned, transferred or subleased by Lessee without the consent of the Lessor, which consent shall not unreasonably be withheld. It is understood and agreed that the Lessor may, at any time, with notice, assign or delegate any or all of its rights hereunder. 15. TERMINATION BY LESSEE. This Agreement shall be subject to termination by Lessee with thirty (30) days written notice. 16. NOTICE. Any notice given by one party to the other in connection with the Lease shall be sent by certified mail, return receipt requested, with postage and fees prepaid: 1. If to the Lessor, addressed to: Arnold-Brown Properties 121 North Osceola Avenue Clearwater, FL 33755 2. If to the Lessee, addressed to: City Manager City of Clearwater P.O. Box 4748 Clearwater, Florida 33758-4748 Copy addressed to: City Attorney P.O. Box 4748 Clearwater, Florida 33758-4748 17. ATTORNEYS FEES. In the event that either party seeks to enforce this agreement or to interpret any provision of this agreement, by law or through attorneys-at-law, or under advice therefrom, the parties agree that each party shall bear its own costs, including attorney's fees. 3 18. COMMISSIONS. The parties hereto warrant and represent to each other that they have not dealt or consulted with any real estate broker or agent in connection with the property or this transaction other than Colliers Arnold, who represents the Lessor. Lessor acknowledges that Lessee shall not be responsible for any fee related to such representation. IN WITNESS WHEREOF, the parties have authorized the below signed officers to execute this Agreement on the date first above written. ARNOLD-BROWN PROPERTIES By: Its: Cou ntersigned: CITY OF CLEARWATER By: William B. Horne, II, City Manager Brian J. Aungst, Mayor-Commissioner Approved as to form: Attest: Cynthia E. Goudeau, City Clerk Laura Lipowski Assistant City Attorney 4 /VI ~ '1 1{.4 City Council Cover Memorandum Trackinq Number: 820 Actual Date: 10/07/2004 Subiect / Recommendation: Approve an agreement with Decade Properties, Inc. d/b/a Clearwater Bay Marina from December 1, 2004 to November 30, 2005, a one (1) year period, for the collection of daily launch fees at Seminole Street Launching Ramps for twenty-five percent (25%) of fees collected and authorize the appropriate officials to execute same. Summary: In that the Clearwater Bay Marina site is under review for redevelopment, it is anticipated they will want to renegotiate the terms of the agreement for the sale of parking permits they sell for the City. We are therefore renewing the agreement on a yearly basis. This is the third one-year agreement. In return for collecting the daily launch fees; Clearwater Bay Marina retains twenty-five percent (25%) of the money collected. The City receives seventy-five percent (75%) of the daily launch fees and one hundred percent (100%) of all monthly and yearly launch fees sold at City locations. The City Council approved these percentages as part of the Marine and Aviation Business Plan. Oriqinating: Marine and Aviation Section Consent Agenda Categorv: Agreements/Contracts - with cost Public Hearinq: No Financial Information: ~ Lease Option Bid Reauired? No Bid Exceotions: Other Other Contract? N/A In Current Year Budqet? No Budget Adiustment: No Review Approval Bill Morris 08-27-2004 11 :06: 14 Cvndie Goudeau Tina Wilson Garrv Brumback Bryan Ruff Bill Horne City Council Cover Memorandum 09-29-2004 10:38:24 08-30-2004 11 :00:00 09-24-2004 13:47: 19 08-31-2004 08:56: 12 09-26-2004 09:43: 18 U:Jvl!Zi AGREEMENT The CITY OF CLEARWATER, a Florida municipality, hereinafter called "City", and Decade Properties, Inc. d/b/a "Clearwater Bay Marina", whose address is 900 North Osceola Avenue, Clearwater, Florida, state the following: 1. The City has improved the area known as the Seminole Street Launching Ramps and, in order to defray the cost of the improvements and provide funds for future maintenance, will charge a launch fee as described herein. 2. Clearwater Bay Marina owns property adjacent to the Seminole Street Launching Ramps, whereon it operates a facility known as the "Little Boat House", which offers bait, tackle, supplies and other services to boaters. The principal public access to the "Little Boat House" facility is from the Seminole Street Launching Ramps and Clearwater Bay Marina desires that the public access be continued. 3. The City is interested in having Clearwater Bay Marina collect daily launch fees only and Clearwater Bay Marina is agreeable to collecting said fees on behalf of the City. 4. The City desires that a concession facility offering bait and tackle, boat supplies and similar items, public restrooms and services be operated on or adjacent to the said Seminole Street Launching Ramps for the convenience of the public. NOW, THEREFORE, in consideration of the mutual benefits to be achieved, the parties agree as follows: A. The term of the agreement shall be for a one year (1) period commencing on December 1, 2004, and ending on November 30, 2005. B. The launch fee shall be that amount established by the city as a charge for the launching of watercraft, the parking of vehicles and trailers, or both, at the launch ramp facility. The launch fee may be amended by the City at the City's option during the term of the agreement. C. Clearwater Bay Marina shall collect daily launch fees in the manner specified by the City and shall account for collected fees utilizing forms provided by the City. Seventy five percent (75%) of all collected fees shall be remitted to the City on a bi-weekly basis and twenty five percent (25%) of the collected fees may be retained by Clearwater Bay Marina as a collection fee. The City will retain 100% of launch fees sold at City locations. All collection records shall be subject to inspection by the City during the normal business hours of the City in the offices of Clearwater Bay Marina or the City. D. Clearwater Bay Marina shall operate the concession facility and collect launch fees from 6:00 AM to 6 PM Monday through Friday and 6 AM to 7 PM Saturday and Sunday every day of the year except Christmas Day, weather permitting. The City Harbormasters' approval shall be required at any time the Decade Properties, Inc. d/b/ a Oearwater Bay Marina 1 concession is not operated and launch fees are not collected due to adverse weather conditions. E. Clearwater Bay Marina shall maintain and operate the concession and restroom facilities in a neat, clean and orderly condition during the term of this agreement and to charge no fee for use of the restrooms. The City agrees not to operate or permit to be operated similar or competitive concession facilities on the Seminole Street Launching Ramp property during the term of this agreement. F. Clearwater Bay Marina, in the operation of its facility, shall not be deemed to be an agent of the City except for the limited purpose of collecting the launch fees as provided herein. G. Clearwater Bay Marina shall be responsible for compliance with the Americans with Disabilities Act (ADA) when selling launch fees by installing a buzzer, with sign, which will allow a Clearwater Bay Marina employee to assist a disabled person at the entrance to the "Little Boat House". H. This agreement may be terminated by either party upon sixty (60) days notice. IN WITNESS WHEREOF, the parties hereto have set their hands and seal this of 2004. Countersigned: CITY OF CLEARWATER, FLORIDA By: Brian J. Aungst Mayor William B. Horne II City Manager Approved as to form: Attest: Bryan D. Ruff Assistant City Attorney Cynthia E. Goudeau City Clerk Decade Properties, Inc. By: Jeff Keierleber, President Decade Properties, Inc. dlb/ a dearwater Bay Marina 2 PI<. .L 11 -5 City Council Cover Memorandum Tracking Number: 861 Actual Date: 10/07/2004 Subject I Recommendation: Approve a three-year Partnership and Operational Support Agreement from October 1, 2004 - September 30, 2007, between the City of Clearwater and The Bethany Education and Human Services Program, Inc., for the use and supervision of the Holt Avenue Center located at 1250 Holt Avenue and authorize the appropriate officials to execute same. Summary: The African American Leadership Council, Inc., (AALC) will be moving their operations from the Holt Avenue Center to the Martin Luther King Center beginning on October 1, 2004. Since the Holt Avenue Center is being vacated The Bethany Education and Human Services Program, Inc. (Agency) has requested use of the building for their programs. This agreement will allow for the Agency to conduct educational and cultural programs for the benefit of approximately 210 neighborhood and Clearwater area youth. Some of the core programs will include academic achievement programs, computer technical skills programs, student self-esteem programs and cultural enrichment programs. The Agency will be required to provide an annual report of activities consisting of the number of clients served, costs of such service, commentary on the viability, effectiveness, and trends affecting the program and success of same. An annual audit and management letter will also be required. The Agency will be responsible for all daily maintenance of the facility and will pay all operating expenses associated with the Center including but not limited to electric, water, sewer, solid waste bill for dumpster, custodial and all other interior and exterior building maintenance. The City will provide no funding or other in-kind services under this agreement with the exception of providing lawn and landscape maintenance for all areas around the Center. A copy of the agreement is available in the Official Records and Legislative Services Department for review. Originating: Parks and Recreation Section Consent Agenda Category: Agreements/Contracts - without cost Number of Hard Copies attached: 0 Public Hearing: No Financial Information: Review Approval Kevin Dunbar 09-10-2004 15: 14: 17 ater Garrv Brumback Laura Lioowski Sharon Walton Cvndie Goudeau Bill Horne City Council ..~g~.~.~t!<~.~~~<r@~,~<~o<r~~.~...~.~...@ 09-20-2004 17:47:26 09-13-2004 09: 13: 18 09-22-2004 14:41:00 09-23-2004 09:27:52 09-23-2004 09:16:59 /", k~.. rKl f(a ~ \ I.S AGREEMENT This Lease Agreement is made and entered into between the City of Clearwater, whose address is: Attn: Parks and Recreation Director, Post Office Box 4748, Clearwater, FL 33758-4748, ("City'), and The Bethany Education and Human Services Program, Inc., a non-profit corporation of the State of Florida, whose address is: 1325 Springdale Street, Clearwater, FL 33755, ("Agency"). WHEREAS, it has been determined to be highly desirable and socially responsible to provide activities to build and foster the confidence, educational, cultural and social skills and good habits in young people; and WHEREAS, the City desires to provide programs and activities as a means to help young people; and WHEREAS, the Agency has established programs that provide educational and cultural activities for youth in Pinellas County; and WHEREAS, the City owns the Holt Avenue Youth Center Building, ("Center"), located at 1250 Holt Avenue, Clearwater; WHEREAS, the Agency desires to partner with the City in providing educational and cultural programs by running the day to day operations and offering programs at the Center; and NOW, THEREFORE, the parties agree as follows: ARTICLE I. TERM The term ofthis agreement shall be for a period of three (3) years, commencing on the 1st day of October, 2004 ("Effective Date") and continuing through the 30th day of September, 2007 ("Termination Date") unless earlier terminated under the terms of this agreement. ARTICLE II. RENT The Agency agrees to pay and the City agrees to accept the total sum of One Dollar ($1.00) as rent during the term of this lease, the receipt of which is hereby acknowledged. ARTICLE III. RESPONSIBILITIES OF THE AGENCY 1. Services to be Provided: The Agency shall provide at a minimum the following servIces: a) Programs: Conduct educational and cultural programs at the Center for the benefit of approximately 210 neighborhood and Clearwater area youth. Some of the core programs to be provided are as follows: i) Academic achievement programs ii) Computer technical skills programs iii) Programs to improve student self-esteem iv) Cultural enrichment through cultural awareness programs b) Assistance to the City: Provide Agency personnel and volunteers to operate and provide programs at the Center. c) Hours of Operation: The Agency will provide programs and activities at the Center on a daily basis. 2. Area to be Served: Services rendered through this agreement shall be provided within the corporate limits of the City as it now exists and as its boundaries may be changed during the term of this agreement. The primary target participant group shall reside in areas of the City with the 33755 zip code. 3. Use of Holt Avenue Youth Center: a) No Illegal Use: The Agency promises and agrees that it will make or allow no unlawful, improper or offensive use ofthe premises. Further, the Agency understands and agrees that this provision specifically prohibits, among other acts, the sale, consumption or use of alcoholic beverages or controlled substances anywhere in, on or around the Center and those adjacent areas used by the Agency. b) Rules for Use: Rules and regulations governing the use of the Center may be established by the Agency, providing they are not in conflict or inconsistent with the ordinances, policies or operating rules of the City or this Agreement. Such rules and regulations developed by this Agency may provide for and allow reasonable user fees to be retained by the Agency. c) Inspection by City: The Agency understands and agrees that the Center premises may be entered and inspected at any time by the City's officers, agents and employees. The City shall notify the Agency at least 48 hours prior to any inspections unless entry is necessary due to an emergency as determined by the City in its sole discretion. d) General Adherence to City Ordinances: Notwithstanding any limitations implied by the provisions above, the Agency promises to observe all City ordinances. e) Signage: The Agency may place an identification sign on the Center or in the park according to City codes with approval from the City at the Agency's expense. 2 f) Structure: No permanent alterations or improvements to the interior or exterior of the building may be made without the written consent of the City. Any permanent structural additions approved by the City will become City property upon termination or expiration ofthis Agreement. 4. Maintenance of the Center by the Agency. a) Custodial Maintenance: The Agency shall maintain the Center and adjacent areas used by the Agency in a clean and orderly condition. b) Grounds Maintenance: The Agency shall maintain the grounds and parking lot surrounding the Center from all trash and debris. c) Repair of Damage: The Agency understands and agrees that it is responsible for and will cause to be repaired at the Agency's expense, damage to the Center other than normal wear and tear or vandalism. d) Building Upgrades or Modifications: The Agency understands and agrees that it is responsible for any new upgrades or modifications to the building that are required to meet their programming needs. 5. Payment for all operating expenses: The Agency is responsible to pay all operating expenses associated with the Center including but not limited to electric, water, sewer, solid waste bill for dumpster at the Center, custodial, telephones, cable t.v. and interior building maintenance. The Agency will also provide maintenance for all major capital components of the building including air conditioning, roof, painting, plumbing and electrical. 6. Payment of Fees and Taxes: The Agency shall obtain all required licenses at its own expense and shall pay all required taxes necessary to the Agency's operation at the Center. 7. Scheduled Reports of Agency Activities: a) The Agency shall furnish the City Parks and Recreation Department, with an annual report of activities conducted under the provisions of this agreement within sixty (60) days of the end of the Agency's fiscal year. Each report is to identify the number of clients served, the type of activities, programs offered and costs of such services. b) The Agency agrees to submit progress reports and other information in such format and at such times as may be prescribed by the City, and to cooperate in site visits and other on-site monitoring (including, but not limited to, access to sites, staff, fiscal and client records, and logs and the provision of related information). 3 8. Creation, Use, and Maintenance of Financial Records: a) Creation of Records: Agency shall create and maintain financial and accounting records, books, documents, policies, practices, procedures and any information necessary to reflect fully the financial activities of the Agency. Such records shall be available and accessible at all times for inspection, review, or audit by authorized City representatives. b) Use of Records: Agency shall produce such reports and analyses that may be required by the City to document the proper and prudent stewardship and use of the facilities and funds provided hereunder. c) Maintenance of Records: All records created hereby are to be retained and maintained for a period not less than five (5) years. 9. Audit and Management Letter: Within 120 days of the close of its fiscal year, Agency agrees to submit to the City a certified independent fiscal audit of all its corporate activities and any accompanying management letter(s). This audit shall be conducted consistent with American Institute of Certified Public Accountants (AICP A) Standards for Non Profit Organizations or other mutually agreed upon standard. The audit will separately identify City revenues, fees and donations, and expenditures by program. 10. Non-discrimination: Notwithstanding any other provisions of this agreement during the term of this agreement, the Agency for itself, agents and representatives, as part of the consideration for this agreement, does covenant and agree that: a) Nondiscrimination: Agency agrees that no person shall, on the grounds of race, sex, handicap, national origin, religion, marital status or political belief, be excluded from participation in, denied the benefit(s) of, or be otherwise discriminated against as an employee, volunteer, or client ofthe provider. Agency agrees to maintain reasonable access to handicapped persons. b) Inclusion in Subcontracts: The Agency agrees to include the requirement to adhere to Title VI and Title VII of the Civil Rights Act of 1964 in all approved sub-contracts. c) Breach of Nondiscrimination Covenants: In the event of conclusive evidence of a breach of any of the above non-discrimination covenants, the City shall have the right to terminate this agreement immediately. 11. Publicizing of City Support: Agency agrees to utilize every reasonable opportunity to publicize the support received from the City. Agency further agrees to supply the City, up to three copies of any publication developed in connection with implementation of programs addressed by this Agreement. Such publications will state that the program is supported by the City. 4 12. Liability and Indemnification: The Agency shall act as an independent contractor and agrees to assume all risks of providing the program activities and services herein agreed and all liability therefore, and shall defend, indemnify, and hold harmless the City, its officers, agents, and employees from and against any and all claims of loss, liability, and damages of whatever nature, to persons and property, including, without limiting the generality of the foregoing, death of any person and loss of the use of any property, except claims arising from the negligence or willful misconduct of the City or City's agents or employees. This includes, but is not limited to matters arising out of or claimed to have been caused by or in any manner related to the Agency's activities or those of any approved or unapproved invitee, contractor, subcontractor, or other person approved, authorized, or permitted by the Agency in or about its premises whether or not based on negligence. 13. Insurance: The Agency shall procure at its expense and maintain during the term of this Agreement insurance as shown below: a) A Comprehensive General Liability policy covering claims for injuries to persons or damage to property which may arise from or in connection with use of the Center premises by the Agency including all activities occurring thereon. b) A Business Automobile Liability Policy covering claims for injuries to persons or damage to property that arise from or in connection with use of a motor vehicle owned by the Agency. c) Insurance procured in accordance with sections 13 (a) and (b) shall have minimum coverage limits of $500,000. d) Except for worker's compensation, each insurance policy issued as a requirement of this Agreement shall name the City of Clearwater as an additional named insured. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officials, employees, agents or volunteers. e) The Agency shall furnish the City with Certificate( s) of Insurance with all endorsements affecting coverage required by this section. These forms shall be received and approved by the Parks and Recreation Director before execution of this Agreement by authorized City officials. f) Worker's Compensation: The Agency shall provide worker's compensation insurance for all their employees in an amount at least equal to the statutory limits of coverage according to applicable State and Federal laws. In addition, the policy shall include employer's liability coverage with a limit of $500,000 per occurrence. ARTICLE IV. RESPONSIBILITIES OF THE CITY 5 I 1. Grant orIn-Kind Services: a) The City agrees to provide lawn and landscape maintenance for all areas in the park and around the Center. b) The City will not provide any other additional in kind services, supplies, labor or equipment whether on loan or for consumption to the Agency. c) The City will not be providing monetary support in consideration for the services provided under this Agreement. 2. City Liaison: The Recreation Superintendent of the City of Clearwater or his designee will serve as the City Liaison for the Agency. ARTICLE V. DISCLAIMER OF WARRANTIES This Agreement constitutes the entire Agreement between the parties on the subject hereof and may not be changed, modified, or discharged except by written Amendment duly executed by both parties. No representations or warranties by either party shall be binding unless expressed herein or in a duly executed Amendment hereof. ARTICLE VI. TERMINATION 1. For Cause: Failure to adhere to any of the provisions of this agreement as determined by the City shall constitute cause for termination. This agreement may be terminated with 30 days written notice without any further obligation by City. 2. For Municipal Purpose: In addition to the right to terminate for cause, the City may terminate this Agreement in the event it determines that the premises are required for any other municipal purposes by giving sixty (60) days written notice of such intended use, following which this Agreement shall terminate in every respect, and both parties shall be relieved of any further obligations hereunder, except that Agency shall be responsible for full payment of all costs and expenses resulting from the operation of the Center which remain unsatisfied, together with any other monies due in accordance with this Agreement. 3. Disposition of Fund Monies: In the event of termination for any reason, monies made available to the Agency but not expended in accordance with this agreement shall be returned to the City within thirty (30) days of a written notice. ARTICLE VII. NOTICE Any notice required or permitted to be given by the provisions of this agreement shall be conclusively deemed to have been received by a party hereto on the date it is hand-delivered to such party at the address indicated below (or at such other address as such party shall specify to the other party in writing), or if sent by registered or certified mail (postage prepaid), on the fifth (5th) business day after the day on which such notice is mailed and properly addressed. 6 1. If to City, addressed to Parks and Recreation Director, P.O .Box 4748, Clearwater, FL 33758. With copy to: City Attorney, P.O. Box 4748, Clearwater, FL 33758. 2. If to Agency, addressed to The Bethany Education and Human Services Program, Inc., Chief Executive Officer, 1325 Springdale Street, Clearwater, FL 33755. IN WITNESS WHEREOF, the parties hereto have set their hands and seals this ,2004. day of Countersigned: CITY OF CLEARWATER, FLORIDA By: Brian J. Aungst Mayor William B. Home, II City Manager APP'::fiI to f~rm: Laura Lipowski Assistant City Attorney Attest: Cynthia E. Goudeau City Clerk THE BETHANY EDUCATION AND HUMAN SERVICES PROGRAM, INC. By: c~. O(~ I I ;-11ft v,.... S Printed Name: CA. J v,~ "'D. Chief Executive Officer 7 Of( 3 11-6 ater City Council Cover Memorandum Tracking Number: 735 Actual Date: 10/07/2004 Subject / Recommendation: Approve a five-year Partnership and Operational Support Agreement from October 1, 2004 - September 30, 2009, with five, five-year renewable options, between the City of Clearwater and The Upper Pinellas Association for Retarded Citizens, Inc., for the use of certain portions of The Long Center to provide management, maintenance and programming for citizens with moderate to severe developmental disabilities. Summary: The Council approved an agreement between the Pinellas Community Center Inc. (PCCI) and the City for the management and maintenance of the Long Center on August 27, 2003. This agreement transferred ownership and operation of the Long Center over to the City of Clearwater. According to this agreement under Article III Section 1b, all sponsoring agency use agreements between Clearwater for Youth, Upper Pinellas Association for Retarded Citizens, Inc. (UPARC) and City of Safety Harbor would technically be terminated. However, the agencies would be able to use the facility under the same terms and conditions until the City and the sponsoring agency had entered into new use agreements. The City of Safety Harbor has constructed new recreation facilities and chose not to continue their sponsoring agency status with the Long Center and thus a new agreement with the City of Safety Harbor is not necessary. A new agreement which is being negotiated between the City and Clearwater for Youth will be presented to the City Council at a later date. This agreement will update and replace the expired agreement between UPARC and PCCI. This agreement will allow for UPARC to continue their many programs and activities that benefit the citizens with developmental disabilities. Under this agreement UPARC is responsible for funding all of their programs as well as paying 100% for all operating expenses associated with that portion of the Center that is exclusively assigned to UPARC. Also, they will pay a pro-rata portion of those operating expenses that are not directly billed to the Agency but shared between all the partners as well as a pro-rata portion for the maintenance of common areas i.e. parking lot, entrance plaza area, first floor restrooms. The City will provide grounds and landscape maintenance, elevator maintenance for elevator in plaza area and building property insurance under the City self-insurance plan. The City Recreation Programming Staff will w ork closely with the UPARC staff to partner and develop new programs and activities that will help fund some of the general operational elements Originating: Parks and Recreation Section Consent Agenda Category: Agreements/Contracts - without cost Number of Hard Copies attached: 0 City Council ....~g~~~~..~.~~~.~@~~!!!..~..~.~..~~~':!..!!!........~....... Public Hearing: No Financial Information: Review Approval Kevin Dunbar 09-10-2004 11:37:37 Cvndie Goudeau 09-24-2004 13: 18:08 Bill Horne 09-24-2004 12:30:32 Laura Lioowski 09-13-2004 09:44:51 Garrv Brumback 09-22-2004 11 :38: 19 Tina Wilson 09-21-2004 13:39:44 Sharon Walton 09-23-2004 15:01:15 fR3 AGREEMENT This Partnership and Operational Support and Funds Agreement is made and entered into between the City of Clearwater, whose address is: Attn: Parks and Recreation Director, Post Office Box 4748, Clearwater, FL 33758-4748, hereinafter referred to as the City, and The Upper Pinellas Association for Retarded Citizens, Inc., a Florida nonprofit corporation, whose address is: 1501 North Belcher Road, Clearwater, FL 34625, referred to as the Agency. WHEREAS, it has been determined to be highly desirable and socially responsible to provide activities to build and foster the confidence, educational, cultural, vocational and social skills and good habits in all young people, adults and families including those with developmental disabilities; and WHEREAS, the City desires to provide programs and activities as a means to help young people, adults and families with developmental disabilities; and WHEREAS, the Agency has established programs that provide educational, motivational, vocational, cultural and other activities for youth, adults and families in the community that have developmental disabilities; and WHEREAS, the Agency has provided these programs to the community for over 30 years and at the Long Center for 15 years; and WHEREAS, the Agency committed funds to the original construction of the Long Center; and WHEREAS, the City owns certain land, facilities and buildings located at 1501 North Belcher Road in the City of Clearwater, (the legal description of which is attached hereto and incorporated herein as Exhibit "A") hereinafter referred to as the Center; and WHEREAS, the Agency desires to partner with the City in providing educational, motivational, vocational and cultural programs for those citizens with developmental disabilities; by occupying and running certain day to day operations and offering programs within a certain portion of the Center, more particularly described in Exhibit "B", attached hereto and made a part hereof. NOW, THEREFORE, the parties agree as follows: ARTICLE I. TERM The term of this agreement shall be for a period of 5 years commencing on October 1, 2004 "Effective Date" and continuing through September 30,2009 "Termination Date". This Agreement shall automatically renew for successive five (5) year periods unless notification is provided, in writing, by the terminating party sixty (60) days prior to the end of the then current term. However, nothing in this Agreement shall be deemed a waiver by the City of its right to cancel or not to renew this Agreement as otherwise provided herein. The expression "term hereof' refers to the initial term hereunder and to any extension thereof as provided herein. ARTICLE II. RESPONSIBILITIES OF THE AGENCY 1. Services to be Provided: The Agency shall provide at a minimum the following servIces: a) Programs: Conduct educational, cultural, vocational and motivational programs at the Center for the benefit young people, adults and families with developmental disabilities throughout upper Pinellas County. Some of the core programs to be provided are as follows: i) Parent support groups and skills training ii) Vocational training iii) Job counseling and related economic development activities iv) Development activities v) Linkages to the health care system and other community services vi) Outreach (including home visits when appropriate) vii) Social outings and trips for clients viii) Educational classes to teach basic life skills b) Assistance to the Community: The Agency will maintain communication and interaction with the surrounding community through such avenues as: i) Facilitation and support of community meetings and activities ii) Distribution of educational and promotional materials throughout the community regarding programs and activities of the Agency. c) Supervision of Center Activities and Common Areas: Supply the necessary leadership and supervision for the conduct of Agency activities and their clients while on Center property. d) Hours of Operation: As much as possible, the Agency will provide programs and activities at the center on a daily basis and establish regular operating hours, subject to approval by the City. 2. Area to be Served: Services rendered through this agreement shall be provided not only to citizens of the corporate limits of Clearwater but also to citizens North ofUlmerton Road and South of the Pasco County line. 3. Use of The Long Center: a) No Illegal Use: The Agency promises and agrees that they will make or allow no unlawful, improper or offensive use of the premises. b) Rules for Use: Rules and regulations governing the use ofthe Center may be established by the Agency, providing they are not in conflict or inconsistent with the ordinances, policies or operating rules of the City or of this Agreement. Such 2 rules and regulations developed by this Agency may provide for and allow reasonable user fees to be retained by the Agency. c) Inspection by City: The Agency understands and agrees that the Center premises may be entered and inspected at any time by the City's officers, agents and employees. The City shall notify the Agency at least 48 hours prior to any inspections, unless entry is necessary due to an emergency as determined by the City in its sole discretion. d) General Adherence to City Ordinances: Notwithstanding any limitations implied by the provisions above, the Agency promises to observe all City ordinances. e) Signage: The Agency may place an identification sign on the Center or in the park according to City codes with approval from the City at the Agency's expense. f) Structure: No permanent alterations or improvements to the interior or exterior of the building maybe made without the written consent of the City. Any permanent structural additions approved by the City will become City property, upon termination or expiration of this Agreement. g) Use of areas other than those described in Exhibit B: The Agency may use the gymnasium and other Long Center space at no charge if available and upon approval from the City. 4. Maintenance of the Center by the Agency: a) Custodial Maintenance: The Agency shall maintain the Center and adjacent areas used by the Agency in a clean and orderly condition. b) Repair of Damage: The Agency understands and agrees that it is responsible for and will cause to be repaired at the Agency's expense, damage to the Center other than normal wear and tear or vandalism. 5. Payment for operating expenses: a) The Agency is responsible to pay for the following operating expenses related to their use of the facility. 1. All operating expenses associated with that portion of the Center as described in Exhibit B where they are either billed or metered exclusively for such use. 2. For the following items that are shared with the City, the Agency will be billed monthly to pay 50% of the bill, payable by the 20th of each month. . Water - domestic (does not include pool water) 3 . Sewer . Storm Water . Gas (for hot water heater boiler) . Utility Tax . Fire Alarm Maintenance 3. The Agency shall pay for the dumpster used exclusively for Agency activities and will pay for the elevator maintenance for the elevator that is included in Exhibit B. 4. The Agency shall pay for their share of electrical consumption based on the formula and sample attached in Exhibit C and payable by the end of each month. 5. The Agency and City will share equally in the cost to maintain those areas that are determined to be common areas. The current common areas include the following: . Parking Lot/Driveways . Plaza Area (including first floor restrooms) . Parking Lot and Driveway Lights b) In the event another partner is included at the Long Center they will be responsible to share in common area costs associated with its occupancy or use relative to the facilities it utilizes or any costs that can be directly associated to said occupancy or use apart from City or other partners. c) The Agency will provide replacement maintenance for all major capital components of the building including air conditioners, roof, painting, plumbing and electrical for all areas described in Exhibit B. 6. Payment of Fees and Taxes: The Agency shall obtain all required licenses at its own expense and shall pay all required taxes necessary to the Agency's operation at the Center. 7. Scheduled Reports of Agency Activities: The Agency shall furnish the City Parks and Recreation Department, with an annual report of activities conducted under the provisions ofthis agreement within sixty (60) days of the end of the Agency's fiscal year. Each report is to identify the number of clients served, the type of activities, programs offered and costs of such services. 8. Creation, Use, and Maintenance of Financial Records: a) Creation of Records: Agency shall create and maintain financial and accounting records, books, documents, policies, practices, procedures and any information necessary to reflect fully the financial activities of the Agency. Such records shall be available and accessible at all times for inspection, review, or audit by authorized City representatives. 4 b) Use of Records: Agency shall produce such reports and analyses that may be required by the City to document the proper and prudent stewardship and use of the facilities. c) Maintenance of Records: All records created hereby are to be retained and maintained for a period not less than five (5) years and must be provided in accordance with applicable law. 9. Audit and Management Letter: Within 120 days of the close of its fiscal year, Agency agrees to submit to the City a certified independent fiscal audit of all its corporate activities and any accompanying management letter(s). This audit shall be conducted consistent with American Institute of Certified Public Accountants (AlCP A) Standards for Non Profit Organizations or other mutually agreed upon standard. 10. Non-discrimination: Notwithstanding any other provisions ofthis agreement during the term of this agreement, the Agency for itself, agents and representatives, as part of the consideration for this agreement, does covenant and agree that: a) Nondiscrimination: Agency agrees that no person shall, on the grounds ofrace, sex, handicap, national origin, religion, marital status or political belief, be excluded from participation in, denied the benefit(s) of, or be otherwise discriminated against as an employee, volunteer, or client of the provider. Agency agrees to maintain reasonable access to handicapped persons. b) Inclusion in Subcontracts: The Agency agrees to include the requirement to adhere to Title VI and Title VII of the Civil Rights Act of 1964 in all approved sub-contracts. c) Breach of Nondiscrimination Covenants: In the event of conclusive evidence of a breach of any of the above non-discrimination covenants, the City shall have the right to terminate this agreement immediately. 11. Publicizing of City Support: Agency agrees to utilize every reasonable opportunity to publicize the support received from the City. Agency further agrees to supply the City, up to three copies of any publication developed in connection with implementation of programs addressed by this Agreement. Such publications will state that the program is supported by the City. 12. Liability and Indemnification: The Agency shall act as an independent contractor and agrees to assume all risks of providing the program activities and services herein agreed and all liability therefore, and shall defend, indemnify, and hold harmless the City, its officers, agents, and employees from and against any and all claims ofloss, liability, and damages of whatever nature, to persons and property, including, without limiting the generality of the foregoing, death of any person and loss of the use of any property, except claims arising from the negligence or willful misconduct of the City or City's agents or employees. This includes, but is not limited to matters arising out of or claimed to have been caused by or in any manner related to the Agency's activities or those of any 5 approved or unapproved invitee, contractor, subcontractor, or other person approved, authorized, or permitted by the Agency in or about its premises whether or not based on negligence. 13. Insurance: The Agency shall procure at its expense and maintain during the term of this Agreement insurance as shown below: a) A Comprehensive General Liability policy covering claims for injuries to persons or damage to property which may arise from or in connection with use of the Center premises by the Agency including all activities occurring thereon. b) A Business Automobile Liability Policy covering claims for injuries to persons or damage to property that arise from or in connection with use of a motor vehicle owned by the Agency. c) Insurance procured in accordance with sections 13 (a) and (b) shall have minimum coverage limits of$I,OOO,OOO. d) Except for Worker's Compensation each insurance policy issued as a requirement of this Agreement shall name the City of Clearwater as an additional named insured. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officials, employees, agents or volunteers. e) The Agency shall furnish the City with Certificate( s) of Insurance with all endorsements affecting coverage required by this section. These forms shall be received and approved by the City's Parks and Recreation liaison before execution of this Agreement by authorized City officials. Agency shall provide a copy of applicable insurance policies at the request of the City. 14. Worker's Compensation: The Agency shall provide worker's Compensation insurance for all their employees in an amount at least equal to the statutory limits of coverage according to applicable State and Federal laws. In addition, the policy shall include employer's liability coverage with a limit of $500,000 per occurrence. ARTICLE III. RESPONSIBILITIES OF THE CITY 1. Grant of Funds: There shall be no monetary funding by either party to this agreement. 2. Grant of In-Kind Services: a) The City agrees to provide lawn and landscape maintenance for all areas described in Exhibit "A". b) The City agrees to pay for the solid waste cost for the dumpsters not serving UPARC. 6 c) The City will provide for maintenance ofthe elevator in the plaza area and will share in the maintenance of the first floor restroom with UP ARC. d) The City shall provide for building property insurance under the City self- insurance plan, however, if the Agency desires coverage for their contents they will need to purchase their own policy. Agency shall provide insurance as otherwise provided for herein. e) The City will not provide any other additional in kind services, supplies, labor or equipment whether on loan or for consumption to the Agency. 3. City Liaison: The Recreation Programming Superintendent of the City of Clearwater will serve as the City Liaison for the Agency. ARTICLE IV. DISCLAIMER OF WARRANTIES This Agreement constitutes the entire Agreement between the parties on the subject hereof and may not be changed, modified, or discharged except by written Amendment duly executed by both parties. No representations or warranties by either party shall be binding unless expressed herein or in a duly executed Amendment hereof. ARTICLE V. TERMINATION 1. For Cause: Failure to adhere to any of the provisions of this agreement as determined by the City shall constitute cause for termination. This agreement may be terminated with 30 days written notice without any further obligation by City. 2. For Municipal Purpose: The City may terminate this Agreement in the event it determines that the premises are required for any other municipal purposes by giving sixty (60) days written notice of such intended use, following which this Agreement shall terminate in every respect, and both parties shall be relieved of any further obligations hereunder, except that Agency shall be responsible for full payment of all costs and expenses resulting from the operation hereof, together with any other monies due in accordance with this Agreement. ARTICLE VI. NOTICE Any notice required or permitted to be given by the provisions of this agreement shall be conclusively deemed to have been received by a party hereto on the date it is hand-delivered to such party at the address indicated below (or at such other address as such party shall specify to the other party in writing), or if sent by registered or certified mail (postage prepaid), when actually received or on the fifth (5th) business day after the day on which such notice is mailed and properly addressed, whichever is earlier. 1. Ifto City, addressed to Parks and Recreation Director, P.O Box 4748, Clearwater, FL 33758. With copy to: City Attorney, P.O. Box 4748, Clearwater, FL 33758. 7 2. If to Agency, addressed to UP ARC, Chief Executive Officer, 1501 North Belcher Road, Clearwater, FL 33765. ARTICLE VIII. EFFECTIVE DATE The effective date of this agreement shall be as of the first day of October 2004. IN WITNESS WHEREOF, the parties hereto have set their hands and seals this ,2004. day of Countersigned: CITY OF CLEARWATER, FLORIDA By: Brian J. Aungst Mayor William B. Horne, II City Manager Approved as to form: Attest: Laura Lipowski Assistant City Attorney Cynthia E. Goudeau City Clerk THE UPPER PINELLAS ASSOCIA nON FOR RETARDED CITIZENS, INC By: Printed Name: Chief Executive Officer 8 Exhibit "A" Legal Description A tract of land lying within the Northwest 1/4 of Section 7, Township 29 South, Range 16 East, Clearwater, Pinellas County, Florida and being more particularly described as follows: Commence at the Northwest corner of said Section 7; thence S 89035'50" E, along the North line of the Northwest 1/4 of said Section 7, for 55.00 feet to the East right-of-way line of Belcher Road; thence S 00004'51" E, along said East right-of-way line and along a line being 55.00 feet East of and parallel to the West line of the Northwest 1/4 of said Section 7, same also being the bearing basis of this description, for 480.50 feet to the Southwest corner of that property described in O.R. Book 6247 on page 1429 and being the Point of Beginning; thence S 89035'50" E, along the South line of said property, and along a line 480.48 feet South of and parallel to the North line of said Northwest 1/4, for 390.04 feet to the center of a sanitary manhole; thence continue S 89035'50" E, along said parallel line, for 272.65 feet to the centerline of a creek; thence southeasterly approximately 850 feet along said centerline, same also being the westerly bounds of that certain property described in O.R. Book 5851, on page 1012, the following nine (9) courses being used for closure purposes; (1) thence S 33042'24" E, for 10.60 feet; (2) thence S 20046'23" E, for 139.50 feet; (3) thence S 01002'42" E, for 100.92 feet; (4) thence S 26041 '04" E, for 42.96 feet; (5) thence N 83042'51" E, for 33.70 feet; (6) thence S 65053'11" E, for 50.08 feet; (7) thence S 54052'27" E, for 146.40 feet; (8) thence S 47012'36" E, for 199.78 feet; (9) thence S 79053'47" E, for 93.99 feet; thence, leaving said creek centerline, S 89036'10" E, for 95.00 feet to the perpendicular intersection with the East line of the Northwest 1/4 of the Northwest 1/4 of said Section 7; thence S 00023'50" W, along said East line, for 324.98 feet to the Southeast corner of the Northwest 1/4 of the Northwest 1/4 of said Section 7; thence N 89044'07" W along the South line of the Northwest 1/4 of the Northwest 1/4 of said Section 7, for 232.83 feet to a point on the northeasterly right-of-way line of a 60.00 foot Seaboard Coast Line Railroad right-of-way; thence N 72045'16" W, along said northeasterly line, for 1085.20 feet to the East right-of-way line of Belcher Road; thence N 00004'51" W along said East line and along a line 55.00 feet East of and parallel to the West line of the Northwest 1/4 of said Section 7, for 539.23 feet to the Point of Beginning, and containing 15.78 acres, more or less. ENe:, 1 II-, ater City Council ~""~g<~~~~,,~~~r<<~~.!!!~r~ ~"~~.rrL.~...n Tracking Number: 859 Actual Date: 10/07/2004 Subject / Recommendation: Approve a Work Order for the permitting, design, construction services and testing of an Aquifer Storage and Recovery (ASR) exploratory well to Post, Buckley, Schuh & Jernigan (EaR) of Tampa, FL in the amount of $56,413.00 (of which a total of $28,206.50 will be reimbursed), and approve a Cooperative Funding Agreement with the Southwest Florida Water Management District (SWFWMD) and authorize the appropriate officials to execute same. Summary: On September 20, 2001, the City Council approved funding in the amount of $50,000 for participation in a multi-year project, the Largo/Clearwater/Pasco Aquifer Storage and Recovery Interconnect. The project is to study, plan, develop and construct ASR technology for reclaimed water. The concept of this project includes developing seasonal storage for reclaimed water cooperatively between the Cities of Largo and Clearwater, and possibly transmitting excess wet weather flows to Pasco County to restore environmentally impacted wetlands. ASR involves storing water underground in aquifer systems for recovery at a later time. The technology allows for storage of reclaimed water when the demand is low (generally during the rainy season), and allows for recovery of reclaimed water when the reclaimed water demand is high (generally during the dry season). Storage of reclaimed water underground decreases the amount of storage infrastructure (Le. storage tanks) needed aboveground and allows for greater storage capacity of reclaimed water. Additionally, ASR will provide the capability to potentially reduce or eliminate surface water discharge from the wastewater treatment plants, avoiding regulatory issues associated with these discharges. It is anticipated that the entire ASR project would be executed in four phases: Feasibility (2002), testing (2004), ASR well construction (2005), followed by interconnecting pipeline construction (2006-08). On August 8, 2002, the City Council approved the first phase of the ASR project which was a work order awarded to Post, Buckley, Schuh & Jernigan (EaR) of Tampa, FL in the amount of $150,000.00 (of which a total of $100,000.00 was reimburseable) to prepare an ASR feasibility study. The specific purpose of the ASR feasibility study was to evaluate the potential for ASR systems in Clearwater and Largo areas for seasonal storage of reclaimed water and review potential pipe routes to Pasco County. The study also reviewed p City Council ......,~g~.~~.~~,!?~~.r....~..~!!!..!?.r.~..~"~~~..!!!....<"",........ otential impacts to other legal water users including any potential impact on Clearwater's public water supply. This ASR feasibility study is now complete and the results have shown that ASR systems are possible, but further exploration and data collection are needed to more fully evaluate ASR's potential. This agenda item requests Council approval to move forward to the second phase of the ASR project; the design, permitting and testing of an ASR exploratory well at Northeast WWTP. Post, Buckley, Schuh & Jernigan (EaR) of Tampa, FL have prepared a work order in the amount of $56,413.00 (of which a total $28,206.50 will be reimbursed) to accomplish the second phase of the ASR project. The work includes the regulatory permitting, final design, bidding, construction services, hydrogeologic testing and reporting of an ASR exploratory well at the Northeast WWTP. In addition, this agenda items also requests Council approval of a Cooperative Funding Agreement between the Southwest Florida Water Management District and the City of Clearwater for the Clearwater Reclaimed Water ASR Exploratory Well Permitting, Construction and Testing Project (H012-B2). This co-op agreement will allow SWFWMD to reimburse the City up to 50% of the total exploratory well project cost. Sufficient budget and revenue are available in the Capital Improvement Program project, 315-96739, Reclaimed Water Distribution System, for the requested amount of $56,413.00. Funding for additional phases are subject to continued Council authorization, review of City water/sewer funding needs. Work will commence upon award and execution of the Work Order, and will be completed within 360 days. Copies of the Work Order and Agreement are available for review in the Office of Official Records and Legislative Services. Originating: Engineering Section Consent Agenda Category: Agreements/Contracts - with cost Public Hearing: No Financial Information: Type: Capital Expenditure In Current Year Budget? Yes Budget Adjustment: No Total Cost: $56,413.00 I ---- City Council "W""Ww~g.~<<~~~~~verw...~..~.!!!O~.~...!!~~~..!!!" Amount $56,413.00 Comments Appropriation Code(s) 315-96739-561300-533-000 Review Aporoval Glen Bahnick Brvan Ruff Bill Horne Michael Ouillen Cvndie Goudeau Tina Wilson Garry Brumback 09-10-2004 12:47:53 09-10-2004 15:04:02 09-23-2004 09:26:23 09-10-2004 13:40: 18 09-23-2004 09:28:47 09-10-2004 13:55:46 09-20-2004 17:15:24 ~: EN~ \ AGREEMENT NO, 04CON000098 COOPERATIVE FUNDING AGREEMENT BETWEEN THE SOUTHWEST. FLORIDA WATER MANAGEMENT DISTRICT AND THE CITY OF. CLEARWATER FOR THE CLEARWATER RECLAIMED WATER ASREXPLQRATORYWELL PERMITTING., CONSTRUCTION AND TESTING . PROJECT (H012-B2) THIS COOPERATIVE FUNDINGAGREEM~NT.is made aDd entered into by and between the SOUTHWEST FLORIDA WATE.R MANAGEMENT DISTRICT, a public corporation of the Stataof Florida, whose address is.237~8road Stre.et,Brooksville, Florida 34604~689$f for itself and on behalf of the Pinellas-Anclote.River Basin Board. hereinafter collectively referred to as the."DISTRICT.". ~nd the CITY OF CLEARWATER,.C1. municipal corporation of. the state of Florida. whose address is 1650 North Arcturas Avenue.. Clearwater, Florida 33765, hereinafter referred to as the "CITY." WITNESSETH: WHEREAS, the CITY pr6poseda project to the DISTRICT for funding consideration under the DISTRICT's cooperative funding program; and WHEREAS, the project consists of the design, permitting, construction and testing of a six inph diameter Aquifer Storage and Recovery (ASR) Exploratory Well at the.. Clearwater Northeast Water Reclamation FacUlty, hereinafter referred.to as the "PROJECT"; and WHEREAS, the DISTRICT considers the PROJECT worthwhile and desitesto assist toe CITY in funding the PROJECT. NOW THEREFORE, the DISTRICT and the CITY! in consideration of the mutual terms, covenants and conditions setforth herein,agree<asfollows: 1. PROJECT MANAGER AND NOTICES. Each party hereby designates the employee set forth below .as its respective Project Manager. Project Managers will assist · with PROJECTcoordinationsl'ld Will be each party's prime contarit person. Notices and reports will be sent to the attention ofeaen party's Project Manager by U.S. mail, postage paid. to the parties' addresses as set forth in the introductory paragraph of this Agreement Project Manager for the DISTRICT: Project Manager for the CITY: Anthony Andrade Jerry Wells Any changes to the above. representatives or addresses must. be provided to the other party in writing. Page 1 of 7 iu---- ... 1.1 The DISTRICrs Project Manager is hereby.. authorized to approve requests to extend a PROJECT task deadline set forth in this Agreement. SQchapproval 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 Proje.ct Manager. The. DISTRICT's Project Manager is not authorized to approve any time extension which will result In an increased cost to the DISTRICT orwhich will eXCeeQ the.expiration delle. set forth in Paragrap.h 4, Contract Period. 1.2 The DISTRICT's Project Manager is authorized to adjust a line item amount of the PROJECT 6udgetcontained in the Scope of Work. set forth in Exhibit UB" or, if applicable, the refined budget as S$t forth in Paragraph 3.2 below. The adjustment must be In writing, explain the ~ason for theadjustrnent, and be signed by the Project Manager, his or her Department Director and Deputy Executive Director. The DISTRICTs Project Manager is not authorized. to make changes to the. Scope of Work. e:l(~pt as provided herein, and is not authorized to approve any increase In the not-to..exceedamoUnt set forth in the fl..IOdingsElctionof this Agreement 2. SCOPE OF WORK Upon receiptof written notice to proceed from the PISTRICT,the GITYagrees 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 ofWorkiset forth in Exhibit "B," Anyohanges to this Scope of Work and associated costs, except as provided herein, must be mutually agreed to in a formal wrtt;tem amendmentapprovedbytheDiSTRtCT andtheCtTY prior to being performed by the CITY, subjectto 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 partiesantlcipatethatthe. total co~t of the.. PROJECT will be Three Hundred Twenty Thousand Dollars . ($320,OOO). The QISTRICTagrees to fund PROJECT costs up to One Hundred Sixty Thousand Dpllars ($160,000) and wUl have no obligation to pay any costs. beyond this maximum amount. The CITY agrees to fund PROJECT costs up to One Hundred SIxty Thousand Dollars ($160,000) and will be responsible for alicostsinexcessoftheanticipated tptal PROJECT c.ost. Th~CITY will be the lead party to this Agreement and pay PROJECT costs prior to requesting reimbursement from the DISTRICT. 3.1 The DISTRICT's total funding commitment for this PROJECT, in the amount of $160,000, occurred in DISTRICT fiScal year 2003. Additional DISTRICT funds may be budgeted for future phases related to. this .Water Supply and Resource Development Project, and are anticipated to be available in subsequent fiscal years. 3.2 The DISTRICT will reirnbursethe.CITY for the DISTRIGTs.share of the PROJECT costs in accordance with the Project .Costs contained in the Scope of Work. set forth in Exhibit "6." The CITY may contract with consultant(s) or contractor(s) or Page 2 of 7 both in accordance with the . SpeCial Project Terrnsand Conditionssefforth in Exhibit"A." Upon written DISTRICT approva.l, . the .. bud get.. amounts for the work. set forth in such contract(s) will refine the amounts s$tforthin the Project CoSts .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 DISTRICTs expenditure amount under this Agreementexceed expenditures made by the <CITY. Payment will be made to the CITY in accordance with the Florida Prompt Payment Act, Part VII 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 more often than monthlyatthe following address: Acc()unts Payable Se~ion Southwest Florida. Water Management District Post Office 80)(1166 8roo\(sville, Florida. 34605--1166 3.3 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 .5., .as. may be amendedfrotTl. time to.time, and District Procedure 13-5, attached hereto as Exhibit "C." 3.4 The CITY will not use any DISTRICT funds for any purposes notspecificaUy identified in the above Scope of Work. 3.5 Each CITY invoice must include thtl following certificaUon, and <the CITY hereby agrees to delegate a uthority 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 performahce under the Clearwater Reclaimed Water ASR Exploratory Well Permitting, Construction. . and Testing Project (H012-B2) agreement between the Southwest Florida Water Management District and The City of Clearwater (Agreement No. 04CON000098 ), are allowable, allocable, properly documented, and are in accordanCe with the approved project budget." 3.6 The DISTRICT will have. no obligation to reimburse the CITY for any coSts.under this Agreement untiFconstruction of the PROJECT has ~ommenced. 3.7 The DISTRICT's performance and payment pursuant to this Agreement is contingent upon the DISTRICT's Goveming Board appropriating funds for the PROJECT. 4. CONTRACT PERIOD. This Agreementwill be effective June 301 2004 and will. remain in~ffect through .Decernber 31, 20Q~, unless terminated, pursuant to Paragraph 3.7 above or Paragraph 8 below. or amended in writing by the parties, Page 3 of7 5. PROJECT RECORDS AND DOCUMENTS. . Each party, upon request, will pellliit 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 recprds and documents for at least three (3) years following completion of the PROJECT. All records and. do(:ument~ generated or receivedlJyejth~r party in re.lation to the PROJECT are subject to the Public Records Act. Chapter 119, F.S. 6. REPORTS. The CITY will pf9videtheDISTRlqT withcqpies of any andallretports, models, studies, maps or other documents resulting from the. PROJECT. 7 . LIABILITY. Each party hereto agrees to indemnify and hold the other harmles.s,.tothe extent allowed under Section 768.28,. F.S.,from all claims, loss, damage and expense including aUomeyfees and costsandattomeyfees and oo.sts on appeaLatislng from the negligent acts or omissions of its officers, employees. contractors and agents related to its performance under .this Agre.ernent Nothing .hereinsl1aU be deemed a waiver, express or implied, of either pa.rty's sovereign immunity under 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 Of condition QflhiSAgreement. To. initiate termination,the terminating party must provide thed~faulting party with a written ~Noticeof Termination" stating its intent to terminate and describin9all terms and conditions with Which the defaulting party hasfaile(J tQqarnply. If the def(1ulting party has not remedied ltsdefault within thirty (30) days after rece.iVing 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 o.n or abo.ut the PROJECT without prc>viding advance notices or copies .to the other party. This provision will not be construed .as preventing the pa.rties from complying. with the publiC recpn:.fs disclOSUre laws set forth in Chapter 119, F.S. 10. DISTRICT RECOGNITION. The. CITY will recogniie DISTR.ICTfllnding and, if applicable, Basin Board funding in any reports, models, studies, rnapsor other documents resultIng from. this Agreement. and the form of said reco~nition will be subject to DISTRICT approval. If construction is involved, the CITY will provldesignage at the PROJECT site. that recognizes funding for this PROJECT provided by the DISTRICT and, ifappJicable.the. Basin Board(s). AlIsignage mlJst meetwjth DISTRICT written approval as to form, contentand location, and must beinaccordance with lacal 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 c:onstructionJnvolved in the PROJECT. The DISTRICT will have no. obligation toreimbu~ethe CITYforanycosts under this Agreement untitthe CITY has obtained such permits and rights and construction has commenced. Page 4 of 7 12. LAW COMPLIANCE. Each party will comply with all applicable federal, state and local laws, rules, r~gulation$andguidelines, relateq to performanpeunperthisAgr~ement. 13. COMPLIANCE WITH DISTRICT RULES & REGULATIONS. If the PROJECT involves design ...seryices, the. CI1Y$ professionaldesignersandth~. DISTRICTs regulationanq projects staff will meet regUlarly during the PROJECT design .to .discuss.waY$ of ensuring that the final design for the proposed PROJECT technically complies with aU applicable DISTRICT rules and regulations. 14. DIVERSITY IN CONTRACTING AND SUB..CONTRACTING, The DISTRICT is cOrnmitted to supplier . diversity. in the performance of all contraetsa$sOciated.. with DISTRICT cooperative funding projects. . The DISTRICT requires the CITY to make good faith efforts to encourage the participatIon of minority- and woman-owned bUf~iness enterprises, . both as prime contra.ctors and sub-contractors, in the performance of this Agreement in <;1ccordance.withapplicable laws. 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. The CITY agrees to provide to the DISTRICT, upon final completion of thePRQJECT, a report Indicating all contractors and sub-contractors who performed work in association with the PROJECT, the amount spent with eachcohtractor or $ub-contractor, and whether each contractor or sub-contractor was a minority- or woman-owned business enterprise. If no minority- or woman-owned business enterprises Were used in the performance of this Agreement, then the report shall so indicate. 15. ASSIGNMENT. Neither party may assign or tl'anSferits rights Or obligations uMdE;)rthls Agreement, including any operation or maintenance duties related to the PROJECT, without the prior wriltenconsentonhe other p.arty. 16. SUBCONTRACTORS~ . Nothing in this Agreement will be construed. to. create, or be implied to create, any relationship between the DISTRICT and any subcontractoroHhe CITY. 17. THIRD PARTY BENEFICIARIES. Nothing in this Agreement will be cOflstruedtobeneflt <iny personorenlity not a party to this Agreement. 18. LOBBYING PROHIBITION. Pursuant to Section 216.347, F.S., the CITY is hereby prohibited.from usIng funds provided by this Agreement for the purpose of lobbying the Legislature, the judicial branch or a state agency. 19. PUBLIC ENTITY CRIMES.. Pursuant to Subsections 287. 133(2) and(3), F.$., a person oraffiUate who has been placed on the convicted vendor list following a conviction fora public eJ1titycrime may.notsubmita bid, proposal, or.rePlyonacontl'act to provide any goods or services to. a public entity; may. not submit a bidl proposal,. or reply on a contract with a public entity for the construction or repaIr of a . public building or public Page 50t7 work; may not submit bias, proposals, or repUeson leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or consqltantundera contract wtthanypublic entity; and may nottransact business with any public entity in excess of the threshold amount provided in Section 287.017, F.S., for Category TWO., fora periodof~6 months followingtbe date of being. placooonthe convicted. vendor list. CITY .agreesto include this provision in all subcontracts issued as a result of this Agreement. 20. DISCRIMINATION. PtJtstlantto Subs.ectIon 287. 134(2)(a), ER,an entity ar affiUate who has been placed on the discriminataryvendorlistmay.notsuBmitabtd, proposal, or reply on a contracUo provide. any goods. or services toa public entity; may not submita bid. proposal, or reply on. a contract with a public entity for the construction or repair ofa public buildingorpt,JbUc. wQrk; may not$uQmit bid$, Proposals, or TrapHeson leases of real property to a public entity; may not be awarded or perform work asa contractor, supplier, subContractor, or consultant under a contract wlthany public~ntity; and. may not transact business wIth any public entity. CtTYagreesto Indudethis 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 betweenth~ parties andjunless otherwise provided herein, may be amended only in writing, signed byaH parties to this Agreement. 22. DOCUMENTS. The followingdocumenlsare attached and rnadea part of this Agreement. In the event ofa conflict of contract terminology, priority will fIrst be given to the language .Inthe body of .lhis Agteernent, then to E.xhibit "A," then. to. Exhibit "0/' and then to Exhibif"B." Exhibit lOA" Exhibit lIB" Exhibit lie" SPeolal Project Terms and Conditions Soope of Work District Travel Procedure 13+5 The remaindef'of this page intentionally left blank. Page 6 of7 IN WITNESS WHEREOF, the parties hereto,ortheif 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: Brian J Aungst, Mayor..Commissioner Date By: BUI.Home, City.Manager Date Approved as to form: Attest: By; Qynthia.E, Goydeau, City.Clerk Date City Attorney COOPERATIVE FUNDING AGREEMENT aETWEEN THE SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT AND THE CITY OF CLEARWATER FOR THE ClEARWATER RECLAIMED WATERASR EXPLORATORY WELL PERMrTTING. CONSTRUCTION AND TESTING PROJECT (H012-B2} DISTRICT APPROVAL LEGAL RISK MOM"!' CONTRACTS PEI'T PIR DEPlJTY EXEC DIR OOVElLlolING BOARD Page 7 pf 7 AGREEMENT NO. 04CON000098 EXHIBIT "A" SPECIAL PROJECTTERMSAND CONDITIONS 1. CONTRACTING WITH CONSULTANT AND CONTRACTOR. The CITY may engage the services ofa consultant($). h~reinafter refertedto <3S the "CONSULTANT/, to design and a contractor(s), hereinafter referred to as the "CONTRACTOR/' to COrlstructthe PROJECT inacCOrclarlcewith the Scope of Work attached as Exhibit"6." The CITY will be responsible for administering the contracts with the CONSULTANT and CONTRACTOR and will giVe notice to proceed to the CONSULTANT JUne 30, 2004 for the initial PROJECT design, and no later thEm July 31, 2004 for the full PROJECT design. 2. APPROVAL OF BID DOCUMENTS. The CITY must obtain the DISTRICTs written approval of all bid . documents prior to being adv~rtised orothelWise solicited. The DISTRICT will not unreasonably withhold its a pprOV'<3 I. The DISTRICTs approVal of the construction documents does not constitute a representation or warranty that the DISTRICT has verified the architectural,~ngin~~~ng, mechanical, electrical, or oU'ler components of the construction documents, or thatsuah documents are in compliance with DISTRICT rul\9sand.. regulations or anY ottlerapplicable.rules, . regulations, or laws. TheDISTR1GT's approval will notconstitute.a waiverof the CITY's Obligation to assure thatthe design professional.performsaccording to the standards of. his Or her profession. The. CITY will require the design. profE$sional to warrant that the construction documents are adequate for bidding and . construction of the PROJECT. 3, FINAL REPORT AND APPROVAL The CITY mustprovide the DISTRICT with a final report. The final report must clearly evidence the . testing results of the ASR Exploratory Well .and i.nclude aIlOlSTRICT$pecifledcoongsa.mples. The CITY rnust obtain the DISTRICT's approval of thefjnal report prior to. proceeding with the publication ofthe report. The DISTRICT will not unreasonably withhoki itsa.PPl"Oval. 4. DISTRICT REVIEW OF CITY'S SELECTION OF CONTRACTOR. The CITY will provide . the DISTRICT with a. tabulation of CONTRACTOR bid$and.. a recommendation to award. The CITY must obta/nthe DISTRICTs approval of the selected CONTRACTOR priorlopr()c~eding With. construction of the PROJECT and the DISTRICT wm not unreasonably withhold its approval. The CITY will provide the DISTRICT with a copy oflhe "Notice to Proceed" provided to the CONTRACTOR. The CITY. will haVe the sole authority In directing . the CONTRACTOR's work efforts in construction of the PROJECT, however, the CITY will keep the DISTRICT's Project Manager apprised on all PROJECT related matters. 5. APPROVAL OF. CONTRACT. The CITY must obtain the DISTRICT'spnor written approval of all contracts entered into with its CONSl,Jl..TANTSandits CONTRACTORS as referenced above. in. item number one of this exhibit. The DISTRICTwiIl not unreasonably withhold.its approval. Page 1 of6 6. COMPLETION DATES, The CITY will commence construction on the PROJECT by December 31 t 2004 and will complete the. PROJECT within 18 mot1thsof said construction commence date. However, i.n the event of any national,~tf:ite or loqal emergency which significantly affects the CITY's ability to perform, suchashumcane$, tornados, floods, acts of God, ads of war, or other. such catastrophes, or other man- made em~rgencies beyond the.control of the CITY such clslaborstrikesor dots. then the CITY's obligation to complete said work within aforementioned time frames will be suspended for the perlodoftlme the condition continues to exist 7. PROJECT COORDINATION. The CITY will keep the DISTRICT advised atall times dt,Jrtng tOe course of the PROJECT. The CITY wlll provide the DISTRICT's. Projeg Manager with advance notice of all PROJECT meetings with the CONSULTANT. CONTFtA.CTOR,and regulatory a~enCiesand wiUcopy the DISTRICT's Project Manager on all pertinent PROJECT related correspondence. The CITY will provide the DISTRICT's Project Manager with updated design . and construction schedules. The CITY will proviijethe DISTRICT's Proj~ct Manager written bi-monthly status reports seven days prior to January 1! March 1, May t,July1, September 1. and November 1, of each year through outthe term of the Agreement. 8. EDUCATION PROGRAM AND APPROVAL. The CITY will continue their existing customeredllcation program promoJingtheefficientt,Js~andconservation of reclaimed water. Plans for the programaraihcluded in the Scope ofWorksefforth in Exhibit "B." The CITY must obtain the DISTRICT's approval pf n(ffl qf revised educational material prior to proceeding with implementation of the PROJECT. The DISTRICT will not unreasonably withhold its approval. The education program will continue to be implemented prior to reimbursement from the DISTRICT. 9. GEOLOGIC DATA. The CITY will to .perronn coring. in accordance with the District's Standard Operating Proceduresfdr coring. The CITY willcoUect a minImum ofMienty (20%) percent of the material for the storage zonal including two (2) continuous aeologic cores c>fthe aquifer material contained in the storage zone,. Cores will be collected during the weUconstructiontask. Individual .cores will be 20 feet in length. The CITY. will be responsible foren;;uring that the CONTRACTOR proparlycollects and stores the geologic cores, and that the DISTRICT's Project Manager Is contacted two weeks priorto coring so that arrang~ments can be made for the delivery and pick.. up of the cores. The purpose ofthe cores istc characterize the chernical eomposition of the storage zone . materia I. This information will be used in geochemical modeling to determine the chemical reactions that occur when the source water is Injected into the aquifer and mixes with the ambient aquifer water. 10. RECLAIMED WATER GIS REQUIREMENTS. Recl.almed water facilityinformationwfll he. delivered to the DISTRICT as four separate Arclnfo coverages or ESRI shapefiles. Coverages will have the fol[owing characteristics: Page 2 of 6 to Double Precision. ~ Projection. of Unive.rsaJ Transverse Mercator (UTM), Zone 17, NAD83/90 datum (HPGN), units ofmeters orState PI.ane Feet, West Zone, NAD 83/90 datum. .. Foil topological structure with hoedit masks. .. Verified FUZZY tolerance of .001 meters. Shape files will have the following. characteristics: .. Projection of UniverSal Transverse Mercator (UTM), Zone. 17, NAD. 83/90 datum (HPGN), units of meters or State Plane Feet, West Zone, NAD 83/90 datum. .. All line fea~ureswill t>e snapped at connecting ends. .. Shared borderS of adjaCent pOlygon features will have exact coincidence. No slivers are permissU:lIe. This requirement is. analogous to thetopcllQglcal requirements for Arclnfo polygcmcoverages. These coverages are .designecj to. bedeveloped....using heads-updigitizrng techniques from 1 :12,000 digitalorthophotos. Higher accuracies.arepermissible,butthe attribute and topologicalstructure~ defined below will be adhered to. If requested,.the DISTRICT will provide technical assistance and digital orthophoto basemaps that can be used for data automation. All coverages will be delivered as Arclnfo EXPORT or shapefiles files on new<8mm tapes orCDROMs. If approved in writing, transfer via Internet FTR wIll be accepted. The followingcovemg.es will be delivered: Waste Water Treatment Plants Coverage Name: WWTREATPL Description: Locations of all wastewater treatmentplcmts. Locations are to be represented Qya point that represents the approXimate center .of the main entry gate of the property. on which the treatment plant resides. Coverage Type: POINT Items in addition to default attributes for Arclnfo pointcoverages.. PLANT_CAPACITY 4,12, .F, 2 Permitted annual daily.avera.ge treatment capacity, InmiUions of gallons per day (MGD). 4, 12, Fj 2 Annual daily average of treated waterj in millions of gallons per day (MGD). REUSE_CAPACITY 4, 12, F,2 Permltted annual average reuse eapacityln millIons of gallons per day. PLANT_FLOW P(lge 30f 6 PLANT_RE_FLOW 4,12, F.2 Annual daily ~verage flow of reclairned wat$r, in millions of gallons per day (MGD). REP_VEAR 4,4, I Reporting year PLANT_FLOW PLANT _RE_FLOW values. and PLANT_NAME TREAT_LEVEL 40,40, C Nameoftreatment plant. 3, 3, C Treatment level: ADV Advanqed.(AWT). SAD Secondary treatment with filtration. SEe Secondary treatment. FT Full treatment. DISINF LEVEL 2,2,C Disinfection level: SA Basic. IN Intermediate. HI High. FT Full treatment disinfection. Reclaimed Water Transmission Lines Coverage Name: RWLlNES Description: All propc.)sed .and existing reclaimed water lines. All featur~.swill be located within plus or minus 10 meters of their actual location. Coverage Type: LINE Items in addition to default attributes for .Arclnfo line coverages, LINE_STATUS 2,2, (; Current status of line: EX Existing line. PR Proposed Une. LINE_SIZE 4, 12, F, 1 Diameter of reclaimed water linein Inches. LINE_FUNDING 1, 1, C IsAunding provided by the District for this line? Y Yes N No Reclaimed Water Storage Areas Coverage Name: RWSTORAGE Page4of6 Description: Locations of all reclaimed water storage facilities. Locations are to be repre~ented . by a.. poihtlhat represents the approximate center of the main entry.. gate at which the reclaimed storage facilities resIde. Coverage Type: POINT Items in addition to dafaultattributes for Arclnfo point coverages. STORAGE_TYPE 4, A C STORAGE_FUND 1, 1 t C STORAGE_STAT 2,2, C Reclaimed. Water Users Type of reclaimed water storagefacility: POND Pond or uncovered tank. TANK Tank. ASR Aquifer storage and recovery. Isfunt;flng provided by the DistriCt for this. facility? Y Yes N No Currentstatus of storage facility: EX Existing. PR Proposed. Coverage Name: RWUSER. Description: Polygons delimiting the area served by reclaimed water lines. Locations are to be represented by a polygon that represents the reclaimed water user. This coverage is.. not meant to represent individual households, but instead should represent subdivisions, agricultural or commercial operations, golf courses, etc. All features sMall h$ located within. plus or minus.. 10 meters .of their actual location. Coverage Type: POLYGONS ltemsin addition to default attributes for Arcl nfo.line c()ve~ge$. USER_NAME USER_TYPE 60160, C 4,4,C Name of the reclaimed water user at that . location. Type of reclaimed water user: RES Residential Irrigation. GOLF Golf course irrigation. RIA ReCreational/Aesthetic cemeteryj fountains and (parks, other water Paga 5 of 6 fea.ture$J. MINE Minlng and dewatering. POW Power generation. lIe Industrial/Commercial. GW Ground water recharge. IP Indir~ct potable reus.e (surface water augmentation). WET Wetlands creation, enhancement or restoration). AG Agriculture irrigation. QUANTITY 4.12, F, 3 Estimated annual daily average amount of T13claimed water used,in millions 0(gallon8 per day (MGD). USER__STATUS 2.2,C Currenfstatu$of water user: EX EXisting user. PR Proposed user. USER_STORAGE 1. 1, C On site reclaimed water storage. Y Yes N No Theremail1der Qf this page intentionally left blank. Page 6 of 6 AGREEMENT NO. 04CONOOQQ98 EXHIBIT tlBt' SCOPE OF WORK Clearwater Reclaimed Water ASR Exploratory Well Permitting, Construction, and Testing Project (H012-B2) NARRATIVE: The City of Clearwater will perform an exploratory well study at its Northeast Advanced Water Reclt;lmation Facility site to confirm the. feasibility of pUf'SlIing reclsimed. water Aquifer Storage and Recovery (ASR)at the site. Hydrogeologic data obtained flt>man exploratory well stlJdy isrequiredt>y the FI.orida Department of Environmental Protection (FDEP) prior to proceeding with construction and t(:)stlng ofa Class V ASH tE!S~ well in th~ northern region of the. Southwest Florida Water Management District Development of a future reclaimed water ASH well will redue:;e the amount Qf highly treated effluent now b(:)lng discharged into Tampa Bay and Stevenson's Creek. fromtheirlhree water reclamation facilities, optimize the seasonalavailabllity ofrE1claimed water for. use for residential and commercial use and continue to offset the use ofpotable water for non-essential uses. 1. TYPE OF PROJECT: This is a Reclaim(:)d Water Aquifer Storage and Recovery (RWASR) Exploratory Well project designed to evaluate the technical .and perrnittingrequirements for the developmentaf a RWASR test well in the Clearwater area, including the design, permitting, construction ahd testing of a six-inch diameter reclaimed water ASR exploratory/monitarinQ..well. 2. PROJECT OBJECTIVE: a. The completIon of this...PRQJECT will determinethe.Viability of .anreclaimecl water ASR test well project that, if ultimately pursued,willresultin a significant reduction in the amount of highly treated effluent that is discharged to Tampa Bay and Stevenson's Creek from the City'S three water reclamation facilities.. This reduction in effluent discharge will occur duling both dry and wet weather, having a positive impact on the environment, Tampa Bay and Stevensan'sCreek. b. With the increased availability ofreclaimed water from the ASR. the City could. expand their reclaimed watersystem, thereby offsetting the use of high quality potable water from traditional sources fotlandscape irrigation .and. inqu$trial uses. c. A large alternative reclaimed water storage facUity will potentiaUy allow the City to maximize. the.irreclaimed water residential, . commercial, and industrial. customer ba.se. d. Pending the success of the ASR development, .future phases are anticipated to involve the potenticJl interconnection of Clearwater, Largo, and Pasco's reclaimed water systems and sending reclaimed Water to the.Pasco County reuse system. By interconnecting the systems, reclaimed water could be utilized more efficiently, especially during wet weather. could reduce wet weather discharges .to coastal surface waters and make reclaimed water available to more customers and for the restoration of natural systems. .e. With the completion of future phas.e~ofthjs PROJECTth.e residents of Clearwater, PineUas County, and Pasco Countywill have adequate high quality.. reclaimed.water availl;ible for land$cap~ irrigation,pnd natural system restoration regardless of seasdnal demands. Page 1 of5 3. PROJECT DESCRIPTION: a. The City of ClealVJater will cOl'ltract with a qualified and experienced consultant to perform. FDEP permitting of. the exploratory/monitOring. well, prepare technical specifications, provide services during construction, interpret. hydrogeologic date;!! collected during well construction and testing, and prepare an eng.ineering report. b. The proposed Idcationaf theexploratory/moniloring well is the City's existing Northeast Advanced Water Reclamation FaciUty. c. A general location map is provided on Page S. 4. DEMONSTRATION OF NEED: a. The Cbnstructicm of anexploratory/monitoriflg well would provide the necessary information fqr the permitting and qonstructionofafull scale Reclaimed Water Aquifer Storage and RecoveryWeli which would ptovide<asigniftcant inCrease in storage capability for the highly treated effluent being discharged from theCity~owned and operated water reclamation facilities. b. It is projectoo.thatthe discharge bfeffluent to Tampa Bayand.Sfevenson'sCreek will be significantly reduced following the construction of a future ASR well. This eXploratory weUisoneof the initial phaseS and will nolin and of itself prQduce any actual volume of ASRwater. c. Pending the completion of future phases, Which are not part of this PROJECT, it is projected that the use of highqualitYpot.able water ff()mtraditional so.urcesfor landscape irrigation and industrial uses will be appreciably offset with this large incre~se in availability of reclaimed wateraftorded by the ASR d, By constructing a large alternative reclaimed water storage facility,it is projected the City will increase its reclaimed.water residential, commercial, and ihd ustria I customer base. In the future., the residents of Clearwater, PinellasCounty and Pasco County will hpve adequate high quality, reclaimed water available for landscapeimgptionand natural system rest(Jraticln regardless (Jfseasonal demands. e, It is projected the completion of an ASR project Would fully. support the SWFWMD. Pinellas - Anclote River..Basin Board objectives of reducing the demand on the region's potable water supply. specifically from. groundwater sources. 5. MEASURABLE .BENEFITS: a. This reclaimed Water ASR Exploratory WEi)llI t'l'ojeqt is consistent with the SWFWMD, Pinelfas - Anclote River Basio.Board objectives. b. A significant decre.ase in the amount. of effluent discharged to Tampa Bay and Stevenson's Creek from the City's three water reclamation mcilities would everrt~aUy be realIzed. c. It is the intent to retain excess, highly treated, reclaime(j waterfrom the City's facilities in the ASR well during wet weather for industrial, irrig;ition, and natural system restoration use during both wet and dry weather periods. d. The City'S goal i~ additional redUctions in the use of potable water for industrial and irrigation uses will be reaUzedas more reclaimed waterisavailable. e. It is projected that expansionofthe.recIalmed water customer base will be possible as this additional supply will be available during dry weather periods. Page 2 of 5 6. DELlVERABLES: Deliverables undertnis PROJECT include.thedesign and submission of an FDEP.permit for .sn ASR~xploratory/monit9ring wen, investfgationsof procedures that wifleUminate the potential for drinking Water limits iss.ues, hYdrQgeologic and coring . data colf~cted duringoonstruction and testing of the exploratory well. District .specifiedstandard .core samples,al'1d an engineering. report with ctata$valuationand.. construction his{dry. 7. PROJECT COST: The total cost of this PROJECT is $320,000. The SWFWMD funding is 50ll!t,ofthe<projecl cost or $160,000. Th~City will be responsible for the rnatching $160,000, whichwilfbe paid from revenues generated from existing water and sewer revenues. a" Expldratdry well design and permitting b. Exploratory well construction and testing c. EngIneering teport d. Investigations of procedures to . eliminate potential for drinking water limits issues Total Project Cost $ 13,000 $273,000 $ 14.000 $ 20,000 $320.000 8. COMPLETION SCHEDULE: a. Initial Design & Permittingqommencement: b. Full Design&.Permitling Commencement: c. Permitting Completion: d. Construction Commence: e. Construction & Testing Completion: f. Project Oompletion & Final Report: g. Agreement Termination: June3Q. 2004 July 31. 2004 November 30, 2004 December 31, .2004- December 31, 2005 June 30. 2006 December 31, 2006 If the FDEP permit is not issul3d within the projected time frame. these contract dates shall be requested to be extended in accordance with the permit issuance date. 9. IMPLEMENTATION: The. City. of Clearwater win initiate a Work Order under its General Engineering Services Agreement for Water and Wastewater GonsultingServices with PB$&J(Gonsultant) to make application for the required permit. prepare technical specifications for contractor selection. provide hydrogeological services.al"ldprepareenglneeringreport. 10: KEY PERSONNEL: a. JerryWells PublicUtillties Coordinator City of Clearwater 1650 N. ArcturasAvel1ue, Buildlng.C Clearwater,. Florida 33765..1945 Talephone:(727) 562-4960 x7226 Page 3 of 5 b, Glen Bahnick AssistantEnglneering Director City of Clearwater 100 S. Myrtle Avenue Clearwater. Florida 337S6~5520 Telephone: (727)5624760 11. ADDITIONAL INFORMATION: a, The City of Clearwatet has est(3bllshed metered reClaimed usage fees for all commercial, industrial and multifamily dwelling units, b. Clearwater hasesti3bUshed ordinances to COnserve both pQtable.snd reclaimed. water: Watering with reclaimed water.is not permitted between the hours of 10 AM and 4 PM; Pinellas County's one day a week and no daytime watering for potable water and twice a week for shallow groundwater. systems is follow$d; Irrigation With pot(3ble water in an area where reclaimed water is available is prohibited by ordinance. c. The City has a pubncedliCatlonand Information . program. The objectives of the program are to educate. citizens of the value of water conservation and encourage connection to and the efficient use of the reclaimed water system. The remainder ofthis page IElftblankintentionany~ Page 4 of 5 NORTHEAST WWTP SITE MAP Latitude: 2801' 41" Longitude: 82 42' 18" T28S, R16, S21 ~.. 1 'Miles . SITE - Section Delineation PBSI Base Map: USGS 7.5' Series Page 5 of 5 EXliIBIT He" AGREEMENT !Q.04CONOOOO~8 :PR.OCEDURE SO~n.ORmA WA.1'EJ( MA.NA~'\fINT DlSTJitICT N't]MBBR: 13-$ PAGE: 1 ~16 nTLE: TRAVEL SECTIONJDUA APPROVED: o &FI.WANCIALREPOR1lN'OlFINANCt DATE: 0$130/96 SUPElZ$DF.S:U,s Dated 06l01l96 The travel pro~fOt the. District shall follow ~)'acceptedtIave.~forstaIC ~~to the extent.pia.cti~c. and COl11.J)ly with the legislative inttmtofCllaptqs. J 12 and 3'7S. Florida Statutc$. AUTHORITY TOINC'PR TRAVEL EXPENSES: Any traVeler of the District must be ~ in. adVance to Uicut traveIexpenses fotthe publiepurpose through. apropetly~eeuted Travel Authorization f~BOiltd Consent Agenda OtB(>.Ud Policy. PUBLlCpU'R'pOSE:Th.e public purpose test for tnwel 1$ tb.at it must be necesw')' to. co_clact oUida! Df:stric:t bul.ness:. - A.lITHOlllZED TRA.V$LERS: Mypersonwbo hasrecdved.advam:e a~ in. ~liancewithBoard;Poliey 13(l..5 to..IDellr ~vel.~ to put'QXm ofiicial OOtricth~ 1JI1der' aQ oftbefoUowing ~e$: - . Oovem.ingandBasin.l3oardmembers . Executive Dil:'eCtor, Assistant ~tive Dim:tol'. Depu.t)'Exc:cutive Dlrecwn and General Cottnse1 .. Employ~in...Boa;d~n:gular.p.ut..tmle ar~~~tobe iutravcl ~bytheir DirectorOttAcDitcdtJrs ~m:m~. . Ortm'iate::sfoc a man.ag~.ent orprofdsionalposition. Must be authari2ed by the Dep~t .~ upoD. c:oordinatian with Human ~ . IndMdualsxequested tocontrfbute. tUne qd Sc;vlte$ua~taDt .or..advU;m orasm.advisoty committ.Ce<~. MU$1 hc:anth.ori:ted by the Executive D~or Assistant Executive Di.rl:c:tor or dc$ign=. TRAVEL DA~~ A period of twcnty..fo.ur (24) hours cc~g of four equal quarters of six (6) hours ~ whichsbaIl be a ealr:ndar day (midnight tc unOnigbt). "1'R.A.'VEL :Q;JQO)): The pcripebd:we:n. the time of departure and .~.. timo oirctum. A continuous tmveipc:riod co~oiall"tri"and KiItmt" points _vc1edinsu~ ~uta In'eak in public pw:pose. J PROCEDURE so~n.olUPA WA,1D.MA.,"fAGIMElO" DlS"IltIcr NUMBEA: 13..S PAG~ 2ot' 16 l11'LE: TRAVEL SicnONJDEP~: A~~G~~ANCIAL REPORnNGIFlNA4~CE -OVIDk . ~. \f..~ lW3O/!l6 1lUl'!;IlSlIlIlllS: 1:;,5 D_ 06l0~ OFFICIAL lIEADQUARTERS: nnsiis me office, fieldoffi~ Of loeatio.11 whac the txaveler is :o.onnally asSigned Uld from which tbatperson performs the majority of.hisIhcr. duties. Each (ttDploy='s ofticia1 headquancrs shall be the same as that indicated in the area marked "LOCATION:" em ~P9smem dc:sctipti~ ..cxccpt that: a} Thc:o~ ~ of an employee located in.tbe field BUlPc tJ:u:: city 01' tQwunearcstto the ax:cawhte thcmajmity ofhislhcr\ftl!kis pcdbrmed, or mch.otbct city. town. or .lU'CIlumay be designa1cd by,the District provided. that m.aU cues such designation must be in the best intcre.stof1h.cDiSttict and.t:lOt for tho convcmem::e ofmc emp~ b) When any GploYt= is statlpnP.d in anycityl ~or locality .ibraperiCd of over 30 continuous workda~ su.ebklcation s1Jal.l.l:x';.. ~.d tp be t:btfrQfficW. ~ and they sbaI1 net be allowed per c:iiemorsub~ after the said.pcricd ofJO continUous workd4ys huclapscd unless this period of time is c:de11dtd by the express approval of the Executive: Director or designee. c) When in th~bc$t int=test olthc ~~ employees maYidcntif)' their home addn:s&- inpoint ofo."for.a ~travc1p:riod ifapproVeabytlloi:r~Oll tb.c. ttavel~ fo;rm. It J.sfnthebcsti:nU:te$t.ofthe.DistrictWhcntheem,pIOYec1shome isnc::uer thCpoiDt of destination tb-.hisIber official~. If tic:parture .fi'om home is for tl:u:ccnvcnicnceof the employee and mrthcr iinm the point ofdest:inationthan the official.~. thc mimburse:D:1C:nt will be ~ forb ~..distaneeftomthc officia1~ to the point .of dcstl.1Wion (the lesser oftbctwo). The offi,cia1 ~ of'GovtmingmdBasinBOJId m~is their-home ~ Boani amubc:rs wlll be ~~:tOractua1mtmdtrlp.1I1ikagc from their UQmci.addRss totbc ~on when travwg on District l:m:riness. To cstabtUh the mileage., Bpard mem.bc:r3mayprovide the odometer readiugfora round trip to their xegularmeeting1ocation(s)fo1lcwing their.fim 1rip to that ~ IfBcud mernbem changc~hOmc ad.dr=a tiutin8their =m.in offiee.tbc mileage shall be ~bypnMdingarcp13()"-:lc:nf~n:ading mdic:atingtbe:_ cbJIn&l:occum:d. TRAVEL A.tJTHOlUZA'nON:; "this form must.Oc used ~..aU District employ~ for the foUovringpUIpCst$: . To obtain auuwdution to tmvc;l :md inc'.artravcl related ~. (:mclude:s tmining .SC$S1cm ~ at ok District offiCCl#) . To xequest~ol.}. =pa~ . To request travel ad~ . I I . PROCEDUR.l SOIJTBWI:$':r:FLOlUDAW.\TD~EMENTDlSTRfCT ~. 13-' p.\~3orHi 'l'I'IU; 'I'RAVEL - SEC'OONJn.~: AC~~~CIAt..REPOR.WGIFINANCE ~.. ~<;~~I>"~~ ~ll"SDiUed06lOI/!I6 '!'RAVEL A-U'l1l0RlZATION(COJltiaued): Goveming 'Board' mcmbcrsmust< llSC thctmvcl au~QI1 fom1 forprlor apprt,lva1 of nOl'.l-<<hed:t:tled travd outside the DistriC1.includingatt~~ at ~orconventions. All sdleduled' trave1for Governing Boudmembm outside .lhc. District including aUefldance at confe:renals. or eonvCltlticms require$ priorapptOVlUrbroughtbe conse:ntagcndaof a regWMmonthly Govcming Board m=ting. 13uin Board mc-.mbet3must use. the U'avel~oriz:Wov. fom'& rot prior ;Jpptowl ofa.Utmvel (mduding to. <3ov~Boatd meetingS) other than lnm toBa$mcctings. COIlSUltants and.advisots shall be aulhoti~ as travelers 'oftbc Dis1rlct under the ~ efa.~ f or agreemcutCBCUied by .the. &ceutivcDircctcr or Assist,ant Executive Oited.or. Advlso11' committee ~'.sball.be author'.ad 8!S tm~<:r$ of1hc..Pistrict..by bla.nlcct travel 'autb.oriza.tiOI1 with$m..~ listpfallind.iv:iduals ~.td by ~ExceutiveDirec'tOr to.~ on.thai ~ 1lJi:t.listing.shal1be updated by the'~ Depa.rtment.\iVW:nmembersare removed. or added to1bc list. ~ym.ent c'l1'ldid~t" for~ or~onalposition.ssball.l.1eauthori.zed 8$ travelers oftbeDistrlct undt:t 1trav'e1 ~t>nfQm1~ bytbeH\tm.anResputceS~ ~tiveat.the tin1c travel ~ arc:~. The Travel Vouche:t fom't. Will alscbc prepared by thcHuman Rcso~.~~cin.~onjunctiOJ1 with the type:; of reh+1burscment agreed to by the candidate. Candidate will bcasked to 'sign the aut:b.criDti0Il and lnvd vew:hc:t fom:ls.upou anivalfor the ~cw. 1'hc. ..toon. must ...clcfinc the public. ..~ ~,1.. include destinatio~ dates. of 1Xl1vcl. ..m.ocie. of tT:m$p()rtation,~ted cost and requirlXt llPFOvalauthcrity signatures prior fosctleQ.111RlI.ttm Q;ayq. Thcp1'C~ form must bctnJedor Ct:I1npletediniDk. A copy ofthJ:fully~Trave1 Al.lfhorlzat:ioamu# be on file in. thI::.~ve1cr'$ dcpa.rtxnent prior to dcpart:ure.foraU.ttaVei purpQSeS and rcmainon filcfor the cu:m::nttisealycarpius one year. BLANXET 'I'RA VEL ADTllQRIZATION..: If an employee travels regularly rbr wott assig,tlP1-~to apartiaWttlOcatiollOf simllar~ooa.a ''blaUer' 1raVel1l'tthori~ijon farm should be con3Plctedto coyc;rtbt:: ~ fiseal' year .(Qr .~d ~~l pcricd.fot .~'~gmncm)_ p1ac=i eu fill': in the. 'fiDaDc:.~ The fann must besipcdby' thet:t:rie1c:r and all ~ approval authorities. PROCEDURE . SOt1'l'1fWESTn,oRJDA 'WATERMAN~~nlS'IBJC1' NUMBEk:: 13-5 PAGE:4of16 "1'tILE: TRA VEt SECnO.'""-~. <. ,at ~VED: \.J~ . UNTING ~.FINANCIALWOltnNGIFINANCB DAD:: 0813.0196 SUPERsEDES: 13-5 Datcd06l01196 BI..A1ilCET TRAVEL AlJ'J'BOJUZA'fiON (coutirlued): . llu::.eomplCted tra....el lWthcm:ation form sballindiea~ an lias nccdcdllsfams. .. '111c whitcandpinJc. copies of the travel authorizatiQn form mu.st be suinnittl:d to .tbe McoUl'Wl Payable section oftheFinanc.c Depa.~.fortM FWncefi1<.~.~ The yc:JIoW copy must bcremll1edinthe~vcJet1s~tUe forthecunent fisc:U.~p1us one year. inannpHance with the St:meRenmtionSehedWc. . Each time a Tmvel Voucher is submittedutitiz:ing a blanbt travel authorization. the t::av~le:r mustrefcrence thtTA-##### on the Travel Vouc::her fonn:. .. A master blanket ttave1 authori2:aUOtl IIlaY be: submitted fc). CJ:)VC" llil1QCatiOO$'Within'tht Distriet bf.ltlndarles. ~th9ugh. for regular WQrkamgmnenu outs.ide. Pi$trictbo~es 3,' ~ "bllmket" tEa'VelauthOrizaUon Will be~ for ea<ib speeifie location. . . Blanket. tmvcl authn"~tiOl2! dD uot indicate the point of origin. !he tra:\Telvouchcr submitted for this type of travel will c!ocuIncU1hcpoint of.ongin approved by thc~, SIGNATQRES ~QmlliDFOll.'BA VEl. AlJTBQR!ZATlO~: ~travet<<m.ustsigntbe furm.in ink and .~~. .thct:.app~ appxova} .aut1wity si~as iudiMt~_No.01JC ~y ~~.$iguitme ~ly forhimselfot herself;~. appmvalofabigm:tlevci of!lU%11DrltY must bcobtaincd. .. TRA VEL!;R; GoV'em.1.ing ~m.cn1Ix:rs.(required for l1o:u,..,cheduIed tmvel o~de DiMct ~....~ orCQnvt:ntiPosonly) APPROVAL SIGNATUREUQum.En; Govem:ingBo.m Chairman or Vi" Chsirtnml . TlU. VELEa; .BaSinBQll.td mcm.bcrs(tequir'e4 iar ail tIavclfuc:tv.ding Govem.ing Board ~gs; not ~ for Buin.2card meetings) .A.PPROVAJ..SIGNATUREREQt1IRED: Basin Board Chairman Ex..officlo Of Governing Board Q:mrrn,al'l or Vice Cba.i:rman jj m va; .~'Q~ ~.:1tive Dirw.or(reqmted !ortravcl.outside the District bl:>undarics. an4 tp att=dconf~ot' c:onvcntions) APPR.OV.AJ..S1GNA~ REQUlR'ED: GovemingBoard C1Wnnm 0(.. Vice Chairman . TRA."VELER: ~~. DU'cctor AP1RCV"U. SIG.'lATUREREQu.uu:D= ExecutlveDircetOt I I PJ.OCEDURE SOU"I'll'WESTlLORDlA WAT!1t MAJlfAGEMENT DlS'l:RlCT Nt1MBER; 'lJ..'sPAGE: 5 Qf16 11TL.E: .TRA VE.L . . SEC11Q~JP~; .ACCO~O~~ANClAL REPORTING/FINANCE AlPRo..", ~ ~~lr_dl8130p6 ~l3-j~.06i0IJ96 SIGNATURES UQVlB.!DFOll TRAVEL Atrl'flOlUZAnON (C9PtiDued): . TRAVELER: PcputyExe:cJlti'vc Diredonf Gencr.U Ctlunscl andInspcctor Gexwal APPROVAL SlGNATOREREQUIRED: ~e DJm;+.cr or Assistant&ccutive..Diteetclr . TRA~ A~$ APPRoVAL SIGNATURE REQm:RED: ~. Co~l . TRAVELER: DUedoIS . APPROVAL StGNAl'UllE nQ~: Deputy Executive Dm:ct:ors . T;aA.VELER: Smployees (ouuldctbc state) A..PPROVAL srGNATtJRE REQtJJ.REU:SupCrvismsandD~ D~,andOc:p111y ~ve Dire<:ton or GmcralCoUl'.'lSd,.and Assistant E.x~eDirector or tus. dl:Signc;e. . TRAVELER:: Employees (within.siafc outside District or to conf~ orconvcntians) AffROV.ALSlGNATOREREQUIJ.ED: SupCrvismsandDepartment ~and Deputy Ex<:cotiveDirectcus or Gencr.d COunsel . 'l'llAVELER:Emplor=s{fu$idcDistrlet~toco~ orconventiona) .4.PPROVALSlGNATlJ'U.REQm:RED: Su~and~~.or dc:stgn.ce . TRA'VELER; Advimrs.and ~tmts ,~R.OVAL SIGNATURE UQUIUD: Deputy &~utive ~ . TRAVELER: Advi.s9rY Commi_.~ APPROVAL SlGNA't'URE llEQt.rmED: E:;ecuti....eO~or~gnec . TRAnLER: Empl()ymc:nt Candidates APPROVAL SIGNA.'I'lJREREQUlRED:Department Director after coardination wish H'lmW1~ 'l'RA v'EL VOUCHER: ATmel Voucbcr form $hcll1d beecmplc:tedimmcdiately upcn retm:n ftom a fJcbHf111f',d travel period to verify aHnllatcd ~ A travel vouchc:c fcx:m :must be ~ to Accountsh:yablc within. t.l:'l1u ~ days .ot'nmun from a travel period wiu:n ".~ce Travel Payment' ha.I been m:eived. Ifno"~ Travel ?a.ymcn~has been rcc::ived, a tJ;a\'ClvoUcher rorm .utbe.SUbmjtt::dtc Acceuntsl"ayablc within thirty days ofretl.l:ming~a Dvcl peri()d. PROCEDURE SOtJ'nlWl:Sl"FLOIUDA WA'l'U MA.."'MGEMDlTDlS"l'1UC't ~.1J..~ PAOE:60flo mLE: TIlA VEL smnONlD1P; AfPROVED: G &:FINANClALREPORTINGIf'INANCE DAu:08l30196 $Uft.R.s:El)ES; 13-SDated 06/01196 TRAVEL VOUCHER (~ntiDued): The~tmvcl V6~fonn~bt:.typedor compl~m ~.Jm4 autbodDdondoeumf!n~ (i.e., copies af~~on form. ~.regi$mltion fonn.~tc..) mus; I:u;. atW'Jled.. Blanke't tmvcl~ fotm$ onfi]~. 'i:Finance.must be re~ on the 'travc!Voucher byptPvidiIlg fhe.l'A~. . Each ~waytrlpnm.u bo ~tc:redon Asqlaratc Imc.oftbeTravei Voucher. The pt>lnt of origjn (~) and ~Qn (to)m._ be Wdicatcd. . The:fiUt "leg" (C1Je..wa)' trip) ofwve} period :must ind'l.lde the a.dUal time departed from the paimof arisEn and the last "1~:t of that travelpciod must showthctime l'etumedand location of final destination. Homo! depattute and hour of return are. required. foraUtravl:ll periods. C~tjTloous ttavelperiods wouId require recordm8 tb~. time at tbc.~mg ofthefust '1eg"and tb.c time at complet:ionQfthc:final *leg," . Conrlrmou.s tmVel between various destinations mUSt be dtWicd ontb.e Travel V(.)UCber, Each -teg". ofCOl"lhnllntlS travel will include a point: of origin, desti:wttion and associated explanation. ofpublicpurpcsc- . 1"ho public putpose requirementS mUSt be defined on the Travel V<n1chet by indicating topic of a meeti:ng (Le., Meeting on.SWIM Issues. Meeting.w:ith DeptrtyD~r). type of conference or .~cn (L.e.,GFOA ~ AWW A Ctmfcre:nCC), pUIpC>SC ofancv<:tlt (i.e..n"bb<m . cutting forseme= officc).ete. Govcming.aud BasiDBoatdmemhm may eJect to submit Travel Vouch~ quarterly. Vl~l\m.EAGE.:. Vicinitymilcase n:prcstms mill:$drivena:ftcrmival at_ ~ from a. poi.1)t of~tion. to 3.lUlthq pcmt witbin.thc 5a~ec;.tylJdI:y'Whcn n~ to condw:t ofiicial ~duriugthcpc:icd~~"vicinity.. txawt VicinitymilClgc mU$tbe~ separately onthc Tmvel Voucher f~a.nd an explanatiDJ1ll1U$t. be ~udcd to j\I.StifY publiC Pl.lX'pO$c. Report. date. destination. public purpose, andbq;ifl?tl'\3 andend:lntodomett:r n:adings (I\UtO Mi1e$ Code ~") on Ttavcl VQuchcr to ~dethc requi.rcddooumentation. "0do~.Mikage TrifFt'Qm ~onll (Auto Miles Code: 113") moot CQIl~~ vicinity mileage (seeA'(J170EXPENSES for~~). SIGNA:T'ORES llEQl111U:DFOR l'RAVEL VOUCHER: Ihcb'3veiermust fign the fonn in mkmd secure theapproprlate approvab.utbority si~as indicated. No.cme may e:tercise si~~ WthorityfQrlilil1se1f or hcrse1l;rather. approval oia bigher level of authority must be obta:incd. I J I PROCEDURE SO~n.oamA WAn'.'RMANAGDa:NTlnS'DUCT N1.1MlmR; .13-S PAGE: 1 tJf 16 mLE: TRAVEL SECTIONIDEP APPROV~ 0& FIN.ANCIAL REPORtING/FINANCE DAm 0$130196 SI1PEItSJ:nES: 1.3-5 DatCd06101196 SIGNi\Tt.11lES REQUDUm FOIl naVEL VOUCHER (conW1ued): · TRAVELER: GovomingBoardand Basin Board mt:mbers and ExeCUtive Pirec- APPROVAL SIGNATURE REQtJIRED: mve1crisCDlY signaturerequircd ex.eept asstateci in ~BoardPo1icy whc:tlppor~al<is ~ · TRAVELER.: ~ E;(ccutiVc ~ APPRO'VAL SIGNA~ .REQUIRED:Execu1ive Director . tRAVEl ;~ll: Deputy e.ecUtive~ra. Gcnml CotmsCl and Inspector Genend APPROVAL SlGNATt1KEREQmRED: Assi$WltExa;utive.Oin::ctor . TRAVEI..E1b Att.omcys APPROVAL SIGNATURE DQmlUID: Gcnc;al CoUDSCl.orSeni9f S~.Attomeys . TRAVEt.1C~ Directors _ APi'llOVALSIGNATUREREQUIRED: Deputy ExccutiveDitedors · -m.A~ Employees APPRQV ALSIGNA'roRE REQumED: Supervisors .andlar Managers andDepaxtmc:nt Di:rec1or.s or designee . 'l'RA VELER: Advis.or.sand CanW1t:ants .AP'ROVALSIGNATUREREQUIRED:Dcputy E:tecu1ivc Ditc::e1or · 11U.~ .~.Couunittee~ APPB;OVAL SIGNA"l"'URE REQUlllED:Execativc Director or &::signee . TR.4.VELU.: :Employment C~nclim.tes APPROVAL SIGNATURE UQUIRED:Departmmt .~upon coordination with Human :Rc:KI~ ACCOUNTCODING: All .trave1.fonns re!atingtn 3.spc::iiic rnvclperiod must: .bcar.the same a=oUDting data to properly identify the ttavdet~departmcnt, section, pubIicpw:pose and Icemen as wcl.1a.s .the fund.;md ~ountto bc.chatpd. I PR.OCEDURE SOt:.l"I'liW'!STJ1..O.RlDA. WATER MANAGEi"'dENT.PfSTlUCf NUMlmlC. lJ~S PAQE:B of 16 TI'tU; TRAVEL SEcn()NlDEP~: ~C~~:.rnA~Gw.. R.EPOR11NGIFlNAN~ - .~ t.r~~....n:~. _13-5 Qalod.OO5f(}lI96 CLASsES OF TRAVEL: Cl~c;S AandB rraVe1shall includcanyassigmncntOnofilcialDistrict~ awayfrom6Bic.ia1 be3dq~whcnitis ~dc:rc<ireasonablc and ~ tcrstay ovemightand forWbichtmvc:l ~1U'eapproved. Class A Continuous t.ravcl of24 hours orman: away fromoffieiallu:ad.qu.arters and awayicnt hotne overnight. 11tisis: ea1adakd b~ Qt1rout equal quartenof six ~..ew$. whltih shall bell weudal' day (:ruidnigbUo midnight). Cla.ss.B Contumous travel oflcss th.at24hours which inYo1Vesovcmight~from official ht:adq'Wttte:ls aIUl away from home ovc:might !his is calculated based on a-hour cycles beginning at the hour of departure . Class C Short orda:y-Ume ~.whcte the: traveler is not away from oIfi.cialh~s oVeWgllt otWhcn travel ~during evening OO\.l:rSdue to speciaJa.s~gilmcnt to conduct District business. FER DD'lM: (Rdatcs to Class A orllTravcl Only) (1) A tlatmte up mSSOpetdaY ($12.50 per quarter' day) requiring no receipts fotrooms or meals. or (2) ~Clttfcrthc ~l~g~wsU1gie.~to be substantiated bypaid);,ills. ,as wen as the.~. meal ~ ~ described below. When lodging or ~ are provided at a state institution. the traveler shall be reimburscdonly for the actual expense of lodging m'me.tls nctto exceed the maximum aUowaJ:lCC$.. or (3) TWo.or.rnore Distrimempl~ electing to shan:: aroom.VihiIc traveling U11det C1a$$ A or B UavCl ~tus must elc:ct . the samcpc;r dil:D1.mctbod of rcim~ (1) a.. (2) 8$. ~ abovC. l:frdmburscmem optian (2).i$ elected. only the ~ east of the room as weU .a:s. aut.horizcd meat allowa.n.ees shallbc reimbursed. or (4) In the d1Se of furcigp traVel, the traVeler may choose the Swc per diem rate as. stated above or the fot;lign travel per diem rate 3llauthorized by Section 11:l.061(3)(c). Florida S~. Io bcc1igtole fer per diem crany uavd.~ allowanc~ ~ travel mu$. be authorized by .tht apptQptlat.e approval authority and must tne=.tthe public pu:rposc requim:nc:nt. I I I EROCEDtJRE SOt1TIlWESt JIt.OJUDA WATERMANAGEME.'IT msnua NL~ 1).0$ PAG:S: 90[ 16 tr'X'L!: TRAVEL SECrIONJDEP AnaOVED: : ACCOUNTING" fiNANCIAL REPORnNatflNA.'iCE DAn:08l30196 SVl.tR.StDIS: 13..5 Dated O&O1!96 MEAL A:LL~WANCE RATES: (Relates toCtass CTravel) TQ Receive ~ent"For: Must: Depart: 'Priar To: Mustltet.tun After AnQWlIDe~ Breakfast Lunch Dinner. 6 a.m. 12 noon 6p.tt1. Sun. 2 p.m. & p.m. $3 $6 S12 - Meal allowances will.be..paidto .pe:;sonsin Class ~.1ravel ~ Wbenpariiclpatingm~ed p\1blicui~dngs.~. wor.ksbQpS, ~ialassigmn. or other official.. busin_ whi<:h occun; outside the nonnal. watt assignment of atravelcr. Field staffshaIl only recelvc<mCalalloWancc(s) wbenanassigntnent requires overtime statUIi. sfru:t their DOnnal wQI:k amgr.unent I:i "in Ihcticld.. .. In .c~p1iance~ithIntt:malRevenueService, Publication IS. Cw:tiliu:E. Employers Tax Guide, C1as$ C m.al 3llowance reimbursements are subject to CODSi.dendiC11as incoml' for taXP~ .Whcm. a.conferenceoreonvention tegistration.fee includes meals. the traveler will not be reimbursed fox-the meals being. provided. If the program fou. c~ o;conven!:iQn state;$ that brak:fas~ lunCh or.dinnA:r is mc1udA:d.m the feel...the traveler is. expeetcdto.~ethat ..~ without rcimb~ (Co~ ~b.~~ a ~t an4isnotreiTUh~lo WhCn _ pIQVided. Bronchwill heeoosidertd atthelpncl1 aUowance_.)~for ~ expense will be the appropriate mcal.allowan@ rateregud1essofthe aetua1 cost.ofthemQ!.. ~travcIet must absorb any cost above the mcalalIowanccamount. TqI.wm not be reimhune.d. AtlTO EXPENSES: ~ willbc mmbutS~ at the.tate approved by the State legl!ifll.hItc for the round trip funnthe tr.l.vdet$ point of ori~ t~p(jint of destblatio!l when thettaVeJ.c:Ul llu.thori2:.ed to .USC his or hCJ" own personal vebil;le. for cdficial Di$ict. business,. Thefi>llQwlng guidelin=apply. .. It is recom.n:1\mdcd that a Distric:tpccl vehicle be1JSl:d for allDis1ric; U:avclunless ~ is not available or .uso..ofa persoual. vehicle would.be .IIlOfCl efficient or cost active. Use of a perscm.l vehicle sba11 be. autbori.z:d by the tr.weJets D~..cr.as . d=:mtd. appropr.atc.. . All milca,gc chdm~ mustOe 'by au.swilly tmvded IiJut:from the point of origintothepo~of ~o:n. Chapter 112~1(1){a). Florida Statutes. .state.s. llA11 ttavel !:Dust be llya usually mwc1edwutc. Incase ape:tS011 tr.1Vels by an indirect mutc. tor his own con;vemence,i!.UY ~ costs.Shail be bomeby the tmvclm; and ~ for:xpcnscs shal1bc.based only on.. cl:Wgcsas.bave bcQ..~ bya usually tta:vc1~route." PROCEDURE SQll'TBwzsrn..ORmA WAn:.K MANAGEMENTDIS'I'RICT NtJMBER: i J..,SPAOI::IO ofl6 mLE.:1R.AVEL SEC'ItON!DUAR: APPROVED~ G &; FINANClAL REPOR'l1NGlFINANCE DA1E;.0Sl30i96 SU,ElWJlES: 13.>$ Dated 06l0V96 AUTOEDENSES (COlltinUed): . Whencverlhc ~im Qf origin andpoID.tcf dcst1naticm;uc. within twodifi"Cl'cntcitylti'J1i{$ ~catcdOll tbcFloIida Depanment()t"'I"~011Qfticial~onmap, mileage. .shan be dct~by.~ the()fficial Highway Mileagedlatt~~it A).'Whit;hprovides tlle computed.4i.stancc from the l'toWn-. of origin to the. "tcwn~ ofdcstinatiOll, not acNal. odometc:::' readings, Ifcithcr t9wn1city does lIOtappearon tU~.or whc:ninvolved in vicinity 'lIavel, m.i1~oshould.be shcv.lnby actual odometer~. .W1umeva employees trave1..bctw=n District servict offiCt:;. mileageshaUbc detem1ined by using the District Milc:age (::.b.art (EXhibit B). .. For all ~t:bmou:s tra:vc;l trips .rcporti:ng the emplOyee's hcmc as the point of m:igin(dcparture - paint), tU aDowablcntilcagc from.tfJe point of origin (employee'sbome)ro thefim work stop shall be thcle$W of 1he actualodome~ mileage er the distance from the emptoyee'sofficial h~cm to hisIhcr mst.wcrk stop. .. Fer all ~ tntvcl1ripsreponing the employ~ls hotne.~afinal destinatfun.theaijowablc mi!~.frQm.the.1astwork$tOp to the_ ~otl(employce's bome).~ be the l~.of the actual odometcrmileage orthc ~ from.t1:u: employee's last wOlkstop to hiSIher (,')fiicUd hea.d.qu.artet1 -Reimbutsc:anmt for~dituJU ~ ^to the opca.tion. mamtt:.na.nce and... o~p ofa pc;:somU vehid<;othet' than mileage is not pcrmitttd. . Two;rQund tripsrc an airpQrt~y be approvcdifit is d;o;f~ilJed.(Q bem.orc~nomical..than one round trip plus theairpott parldng fee fOf the~. vehicle during .thc scheduled .tmve1.. AUTOMOJ.\n.E RENT.4LS: .Each Goveming&ard ~cr, the Exeeutive Director, Assistant E."tecutivc Di.tector, Deputy Exc:eutivc Din:ctQr, .Gcocral COun$ct. attomeys an,d .othc:r: in.dividuals ~hythc GovcmmgBOard.orExecutive ~ maybcsupp1ic:daR.cmal~..<)mtnU Bil1ing~Catd mr~use wbi1con Distti~b~, Purr:M$miwill ~mddi$1Dutcthc ca.rds 3.1le:r rcc;1vingan approved Credit audslKeys ~ roim frOm.th.e authori.zed individUl11:L ~ ..~~loyeewhois.mquircd tt> 1J.SC a=rta1auto, but has not been assi,gnedanamo cn:dit card. may n:qt;.a~~Onel'rlp 1'r<1ve1Onicr (0.1'.1\0.). !he 0.1'.1'.0. iu. sub$tio.neror an auto eredii; card to 'be ~.onLy 0l:1CC. Ttaveltl'$:may.~ the 0;1':'1'.0. by submitting a. memo to ~b1f!ij~Ewith a.copy th&nr fully. =tctuted T;rayel Auth~on fQm .~:ttacl1ed. I < PROCEDURE SO~F.LORmAWAn:RMANAGDfENT.;oISI'1UCT NUMBSR: 13.'; . PA.VE; n of Hi 'l'JTU: 1'RA VEL SEC'I'10NJDUAR M,JPROVW; . ACCOtJN:I1NG & FlNANClALREPORTINGlEINANCE E~ DATE: .08J30196 st.il'USEnts:.l3-S Dated 06lOl/96 AUTOMOBn.E RENTALS (continued): 1:o.c;<:miitQ{Ci andO.I.T.Q..l'lI'Cpmvi&::d bythen:nti1.agcncy aspatt()fits.~ withili.e. State of Florida.. . IndiViduals . usinga~edit carda! O.T.T.O. .~tQ.et1SUrC tilattheproper disco~ .i!l appli(:d. that no ~ tax is'd1atge4. attd that ,the most eeononrieal type of vebicleto appropr'kuely 1.U:cm'""'odate the navel ~ is ~uestcd. Class l(A) 2(B) 3(C) .$(E) S(V) Vl!:biCl~ S~ Sub-Compact Compact Intenncdiate Full 8i2e 4/th- Mini-Van C~ ECAR COAR WAR FOAR MVAN AlRTRAVEL: I~is .tbc.~spons.tbllit;yof the .~. dcpartm~ to dr~i1:lcthc.~ economi~ method oftt;avel prior .tQ. tMlQng. ~Qt1$;. lc:s~On!maynolbenmdc. until appropriate 1m",l a,uthori2ation.~~ bave bcm.me:t. The: Distri~~.~. T@ve! A:mm.ge:mmt.~.~.~..bc~~veiy..for..~g.e~..lIt1'l,1; and.bQokiug flights unlcsssubstmtia1 savings can be real.ized by utilizinga.nothcr SQurce. '!'he n::spcdivc ~U1mentis I'C$pOnSible for m..1(it>& changingand/or cancelliug.zm;cMltiOl1S;All ~ial flights will be eooch class.u.nles$ not available. Air: Tra;vcl..earos are~t cams ~ by. most~ajOt. idrllnes. tbtmgb~ Um1tcd to. NOith ~ca. 1'hese canis.~ ~ assigned and distn1n1tedbyPurcbastng. UscCredit~ys .~foan to request mairavd card. Ncrmally. thde can:lurconlY is.suedto Governing Boatd ~.the Euicutivc Direcux"Assi.stamExecutiveDin:ctor. I:>eputy.Exceutivc ~ Gc::nem1 Counsel. Dkectors ami Attomc:ys. Other stUfmaY :requesuirtravcl cards only afta obtaining ~ fn'lm the hecutivcOircc;tor. "Trave1exs must n:t.ain the p~ r==iptfi'om ..th.c. ~ aitliM ticket (lastpagc ()fti~). · UPQU rcwm to tI:u: District, this. receiptmu.st be fOrwarded. w Aec:QUQu Payablewitlrln three p~da.ys with the tmvelcts signatured appropr'.ate aecowttcoding on tbe copy. CRt\R'IU PUGHT SD,VlCE: !hb.~nCl:.lI to. providesp~c tmnspOttatiou toathmd m=ting:;en:. motdcr to .~~ District business (owdUghts ..are cxe1uded'4'omtbia ~). Requests fo~ Goveming lUldIorBasin BQardmembers.~vcDiIectof.Assi$Wlt&eatti1le ~. Depmy~vc.~.3rld G=mU.Cot:msel.~.tligbtsWill~~tbrt)ugh tbl: E:tccutive ~ .aik:r.~..approval ~ stated in the ?olicy. ~ l1$C .c>f.cbattt=r mpts bystaffmembcrs should be an ~QQ mdmustbeautJ.wrlzedbytbcaccutivc ~~.A requisition .(R.X) .IQU$tbc entcr~into thefitUlncial system with the i1i~ schedule in:foImatianin ordet foraputchasC.order to be ~ I :PROCEDURE SOtmlWESTJ'LOIUDA WAtER MANAGE.'\fE.N'rIll51'lUC'l" NtnItU'iER.;'13-S PAG!;UQf16 nrt.E: TRAVEL SECTIONIDEPAll' MPROVED: <3 &FIN.ANCLAL REPORnNGlFINANCE llAm03l30196 SlJPEJ1$tDES: 13~5Datt:d06l01l96 CBA.R~ ~GIlT SERVICE (coutmued): PutcluWng willpmeess (hc request in acCOJdanCC With Board .Pbli~.15~landDistrict~ 15wl~proeuremcntpracti~ whi9h includr:"~ for services witilanapptopli4te ~ flight sem<<:e. obtainingthc:~sc:rviccs aHlle besttespclll$iblepri<<:e(ce~t. with trip rcquircmcnts anasafetY)f and ~llingIchanging the services requested tIpOll t=Ciptof notifitaUcn from .tgcrequesting ~t. Emergmu:y.~eme11f$ mar bcmade ~~.with ~g who 'Will..the:n notify the ~eartive Depa.ctmentand request pRpanlucnoftberequircd ~ts. t1wlr:rnc:imnd~fpa.ymcntQf onmmWtscmem fortrave1by pri'" otcampany-owned Qf.~planCshall bcnog.rcater than that allowed for commercial (coach class) mlravcl taicfor equivalcnt.distance. BOLEUMOTELACCOMl\iODA.nONS: L~ ~e is n:imb~c toautnori=d District tmrileo. n:quiring. .ovem.ilht absence ."WfiY iom official ~ and- home .undt:t Clas$,[\. or Btra'(cl. The. fraVelCf.maynQt~ve ~ for.l~g within the.1ogJ~ .unless.autbo~bY the DcplttyExecutiYebirector o{Management Services. In order tuachicve a. cost..savingsw the pistri~the District maycootract .din:c:1y with the hotel/niotel. On ~iQ1S whcnthc tnf.vClets ffigbcscbedulc or ending tUneof'~conf~pn:vcnts~ hDmcby a Iasonilblehout. the DCp~DiredormU$i~ wlwtherau additional oVemight aa:ommodation is warranted. iJl4ERGENCY EXPv.SE$: ~ ~tba.t arenotreWcd tclnrJd shou1.dnot.appcar on th~ Tm.ve1 VOUCher. hid invcia: Qf~ipt for suth... expenses mUst be SUbmitted for rcimburse:m.ent.tbrl';lUgh petty cash.. 01'. if 9Vl;1" . $a.S, by ..aubmit:tiDg a check .tequ.e$t .10 A~unl$ Payable. OTHER :EXPENSES: 'Wntm e:xpcm.cs am i:nddenta) tcttavel. teeeipts sm.n.'bcattac:hed to the Tm.vcl "low:;hctand ~lq)Wncd brlet1y on the,~foxm or anattaci1ed memorandum..R=ceipts arc ~in all ca.ses Q~wi=n:=ipt3 are not possiblt: (1.c... p.:~ m~). An <:xplw::lation must .bemcludcdto expl~1'I wh,ennoteee.iPt.ia.vaihlbic. .iiptQ'()! of~yment ot exphmationis oot submitted. ~~ cannotbea.uthorized. I PROCEDURE SOut:8WtS1"FLOR.m.40WATU. MA.~AGEMl:.'If!'DJSTRICT NUMBERt. 13..5 PAGE:.13 of16 ~ TRAVEL . w;nONID~~;. ACC9~~:.INANC1AL'.llRORnNGlFINANCE ","l)~O. ~ '(f~O~ O~ "'1'_O~d3.SPlited OMll/% OTHER EXPENSES (conbue:d): Oiberauthoiiad expenses include: L Tons for road,.brldge,=rlcte. (~~ rcq~ WhcnavWb~) 2. Patkfug lUUistorage fCes(~ tt.qUlmi ~ c:tCCJlt~p;DiD82 3. LOQg ~,te1epbone~. for~ p~ (~n:quin:d- ~ vrnE1lCDW ~ dc\iices_ ~ 4. Nominal telcphozl,e expcoscs"'fQl'~. purpQSes. (t~pt!.l~ - ~~ept.w~eqln ~ deVices ate used) 5_ Taxi f~l)r mhersimilar tramportatl<m.costs ~ated with attending b~~ or going.to (fnlUl) .thchotl=I. (rc~~) 6. Confc::mnc.e or conventionregi$tmion fee paid directlybytl1e traveler whi1eattcndinga conference or convention serving the publicpw:pose onbebaifoftbeDiMct(m::ipt ~ 7. State . sales' taX paid dir=tly. by thetravclcr onpurcl1ascs diteedyrclaU:d to DistriCt business (t~~(pt~~) . >. - .~#1n_~IOTJ'JtIIitlr~~~~l/::~cf~~Ji;lt~~~~!I~~ Expenses notrcimbursable sre: l.-r1pS or gratUities 2. PCrsonal telcphJJnc eaUs 3. ~'b~charge$'unJess charges'~ fot Pismet equipment Lost or mi~.$ing receipts wm require a statemcntsigt1td by thettavcler with Department Ditector'# approval:in ordcrtO~vcl1;imb~L Other. travel ~cnSs..notdctai1cd j.n.t.hc ~ '.man' be bandled.'~ uc=ptiot'l 'NithD~ Wcutive D~$~"Iai. nu.VEt. ADV Ai'l<:E5: Advana:.payment far ~ trave~ DllI.Ybt:~bythc~ve Di'rectoror designee far C1a.ss A orB travel when the.tt"'.lVel.er anfi.cssubstmtial travel ~ (i.e., lodging. meaIs...parldog) and ~ funds to c.overthe associated travel' costs. . Travel ~~c::swi11 notbc~ fur Class Ctra.vcl ~ 1'he minimuro traVel ad'Val:lCe l11.nount is SSG. The muimWQftVdadvanc::$baUxmtac:ed80Pen:entofthc: ~cost for of&'.a1 travel w:ludi.ng mypaymc:nts.maW:. directly by the D~.. .The.travela.dvmcewl ~y ~ ~ to the travcler on the:: TAWSa.ayprior to hiBlh(:t~. Advance payment (or the tnwcler's. cn:ditcard authm:f.Wiol1). for cnenight'$ Icdgmgis usually ~dto ..gWJnnt=Q a~a1ionif.thettave1er will miveL~.6p.lt1.md may he required to reserve a..roomau. ~ gmupratc. 'l:'MDislricirnay reimbum: 1hisoncnight~ as an advm(:CtQthctm'Velern t,bewveler ijocs nctpwridc a~t ~~on. Theadvan1:e,tf ~.'Will bc.madc to the trave1erpriQrto the due date atab~by~hotcllrnotcJ. PROCEDURE SOUTB'WF.S:l"FLOR.IDA. WADaMANAGE1\lENT nts"nllCT NUM:8ER: 1;3.., PAGe: 14 en 16 T1Tl.E: TR.A VEL SECnONiDUAR APPROVE1>: : ACCQUNnNG& FIN...UtCIALmORUNOlFrN.A..NCE C'I1VE ])An: 08l3W9Q StrPi:.R.SEDES: 13-$ Dated 06101196 TRAVEL ADVANCES (QQtiaued): AsSOOD aapossibleaftertheeril91oyc: learns of a ~vel~gnment,.and an.adv~is desit~ th(f emplpyet should camplctr:; a ]"r;lvei AuxhQrization .fimnand.madc the. "Advant:e Travel Payment Rc:qut "r~dn section. Thcreql.1est must bcapprovcdby tbecmployeefs DcpartmcntDirector be!bre paym::'1l: can be~sed. Withintfu:ce~days am ~..tQ theDistrict,thctravelClfWb<:lrt:ceiv~aWlvel ~. is required to $.~a completed 1I'llVCl Vo~. Thclltnf.lUUtof tht: travel ~v~ ia.fa be d<<Wctcd from the lravel ~.cl~imetland any ex~rrave1adV1U1"amoum mustOe rei:mbumed totl;e District when submittingtbe T:ravelVoucher. CON'l'INUODS 'l'RAVEL STATUS:. Those ~ployees on continuous travcl..$tatU$irJly reccive a concn11oust$vc1 ar1vanccin Ul.\nlount not to txc=180pctCCnt of~trave1~esJor a two-week U:ave~ pcri.od.Conwmous tr.r.re1~amdefincd .It:i. cmploy~ ..wl1o.reu~y tn.vc1 ov<:nJ.ight. 'tl1esc cmp1~ Qn ~uoU$ ~vcl :s~mus; complC".e a,.!mvel Vo~ on a weekly basis to ..~ tbeir ll.CtUa.1tra.vcl~. If an employee is no longer onecnt:inuous tmveI m.tus.. my oorrtimrous traveladvance amount in .excess. of actual expenses mustberefundcd to the District within three business days. The ~tive J)lret;tor ." lIUHlifytlr utllllprdthis.hrH:etlSlTt:. I PROCEDURE SO~ft.(lRIDA WA'ID MAl'iAGDlEN'rDJ'Sl'MCT Nl1MBER: 13-5 PAGE: IS of16 11'lU: TRAVEL SECnONlDQl Al"PROVED: G &FINANCIALREPOR.'I'!NOIFlNANCE JM.TE:G8I30196 sUPERSI.nJ:S: 13-5 Dated 06101/96 EXHIBIT A OFFICIAL RIGHW AY IWLEAGE CHART Whenevcrtbe point ofcrlgin and poin!: of &:stination are within two different city limits indicated on tb.eFloridaDepartment ofTmDsportationofficial 'Ita'aSpOrtation map. milc:;age shall be det~into"i" 'by using the ~.. Hishway Mileage chart.. providing the computed distance from. the "town" of odginlQthc ~.. Of~DOt ad:Ua1..odomcter~, Tp.use the~ge ~ ~. ~. towD9forigin andtoW11of~Ot1. .~ both on chlut. Place' Me:: W()Jlg .stepb~ town~gclO$e$tto the tight. FoUQWacrossto iutorsectingeolumn beneath t:O'\1I(p. appearing closest to the left. The number at the intcrscction t=presen:t:s. the one"YnY mileage .betweentbctwo.toWDS, This is themileagc. to be reported when tt'avclingbetw=n tbccity1i.mits of two cities or townsappcaring an tbcmilC3gC chart. EXA.\{PLE; City of Tampa. tcCit,y of St. Petcrshu:rg= 2i.tmilcs NOTE: This "Official Highway Mileage" chaft .isprlmed on the .cum:nt Florida. Official TransportaticmMap which is availAblem eacl1 Department ,~'tv 1.1 ~l ~" ~ W !lOC'. II< ..,,__ ,. '.. <I, iIR' 0411'" ... oa; i. n ",. n. m JJ.... .. .111 - ~ ~.I.' ,. )n "* 3.t:J -aM_ 4' ~.,:U _ ~- ~ ... '....n_ ilW'''''' :.- .. :::II ,. tI'I .,r.: '.taI .,," .....,. ~. __. ... a.. loot '!II = ~ == ,... ;a .. .... ..WI ... .. ..' - ..... IllOI ~... t7_ W lI" ..... 1* lllI_ .. ." ... .. .. D. lIII " ,>> -.. -.,. lROCQUR:E SDtrl"BWEStftORIDA WAn:a.MANAGEMlNT DIS'IlUC'l' NUMBER.: 'lJ~.5 PA~ 16 of 16 "l"l'fU:T.RA VEt SECl'IONIDU APPROVED: G & FlN'ANCIALREPOR11NGlFINA.."lCE C"llVEDA1'$: 08130196 $t1PER:SEDJi:S;l3-S Dated 06J01l96 EXHIBITB J)ISTlUCT M1LE.A.GE ClfART D~Milcage.for Most Dired.RoU1e Between Sc:nice Oftit:c$ . HeadquartersfBrookmll~ Headqtla11f;r.;/BmoksviUe H~ua.rter.VB~e H~rOOksviUe Tmn~ Service Office TampaS~ce Office Tampa Semce.Office .Bartow SerVi~Office Bartow ServieeO~ llivemcss Smiee Office Bartbw Service OffiQC Venice Se:vic~ omce. TampaSetVi= Ofii~ Inv~ ~~ Offiee Bartow Se:rvU:e Office Venice Service Office lnvtl:l1:l.eSS Service Office V<mice Service Office Vcrdce S~ Of&e lnvem~s S<:mceOffice · These m.i1e$'MR detennincd by combining theconncamgpo1ntS forwhieh .mllcs.ha;ve &cendoCumcn=i rnl'ee\1f~fivc:Distti~SeniceofficcslU'enot _red witllinthc limitsofllcily.~~tbc: nW~g~ totl1<<le serviceoffi",,~t.bc d~in",d ~ the Oflicuu Highway Mi1~c cha1;t. These~. omt;:eS arccaUed:: Broo~-ville Headq~ Tampa ServiceOffiec and Venice Service Office. The dccmnc:med milt::ap .bctWecu sen'icc<Otiiees as lisudin tb;e~clm1 shall 'be1J$tdw~ a DisUicttrawleris tr<I.Velini betweenDis1:ric;t servic=o~tf~ arc cxtem1avngox\blfcR:sec:l1 ~ such as a detour,. w,hich:req\lix:ethcDi$trlct traveler to take mothc::r lODger rou~ an explananoXlasto why the mileagf;~ is ~ tban.,~ milc:ageon me abcve chartmu.st beincluCt:d with the 1n'Velc:rs$Ubmittcd Ttavel VouchCt and approved by the authori%ed signers.. t~ nrll.t::ag~be:tMl=.thc BartOw_ m"1Tl\C$$ ~.om=s~.thtl.O~HithWa1.~ cUrt mili:s:si:!:lcclin:setw05a'Yi=(;dii~atl:'l~l> .'111ht; . . bUls. I I KC EN Gd CITY OF CLEARWATER RECLAIMED WATER AQUIFER STORAGE RECOVERY DESIGN, BIDDING, CONSTRUCTION AND TESTING OF AN EXPLORATORY WELL AT THE NORTHEAST WWTP PBS&J WORK ORDER INITIATION FORM Date: September 7, 2004 PBS&J Project No. City Project No.: 1. PROJECT TITLE: Reclaimed Water Aquifer Storage And Recovery Design, Bidding, Construction and Testing of an Exploratory Well at the Northeast WWTP site. 2. SCOPE OF WORK: See Attached Exhibit A 3. PROJECT GOALS: The project, when completed, will serve the following objectives: A. To design, bid, construct and test an exploratory well at the Northeast WWTP site, as per FDEP direction, to provide site specific hydrogeologic information in support of Class V ASR Test Well permitting and construction. B. To maximize the use of reclaimed water and facilitate best management practices for reclaimed water management and system expansion. C. To assist the cities Wastewater Reclamation facilities in reducing the amount of effluent discharged into Stevenson's Creek and Tampa Bay. D. To reduce the amount of fresh water being withdrawn from underground or other sources used for irrigation 4. BUDGET: A Lump Sum Fee of$ 56,413.00 has been established for this assignment. Individual task budgets and detailed man-hour estimates are provided in Exhibit A. 5. SCHEDULE: This assignment shall be completed within 365 days (or is it 360???) after notice to proceed has been received. F;\..common\hydro\bd\clearwater asr\W.O. veri I.nu 6. PBS&J STAFF ASSIGNMENTS: Name ofPBS&J Project Manager Telephone number with extension Michael D. Micheau, P.G. Proj ect Manager Office- 813-282-7275 (ext 518) Cell 813-220-2732 7. CORRESPONDENCEIREPORTING PROCEDURES: All correspondence and reports shall be sent to Glen L. Bahnick, Jr. Asst. Engineering Director Office 727-562-4960 8. INVOICINGIFUNDING PROCEDURES: The budget for this work is $56.413.00 based on task breakdown presented in Exhibit A. Invoicing will be completed using Method B (Lump Sum Basis) with invoices submitted on a monthly basis with percent completes noted for each task. Mail invoices to the City of Clearwater, Attention: Marty Pages, 100 S. Myrtle Ave., #220, Clearwater, Florida 33756- 5520 or P. O. Box 4748, Clearwater, Florida 33758-4748, for work performed. City Invoicing Code: 0315-96739-561300-533-000-0000 PREPARED BY: Michael D. Quillen, P.E. City Engineer Date PBS&J Elliott Grosh, P.E., DEE Date Sr. Vice President CITY F;\..common\hydro\bd\clearwater asr\W.O. veri EXHIBIT A City of Clearwater Reclaimed Water Aquifer Storage Recovery Program Design, Bidding, Construction and Testing Of Exploratory Wells PROJECT BACKGROUND At the Florida Department of Environmental Protection (FDEP) pre-application meeting held on August 14,2003 for the City of Largo's ASR well program, FDEP indicated that the City should obtain site-specific information from an exploratory well at the Clearwater Northeast Waste Water Treatment Plant (WWTP) prior to applying for a Class V ASR test well construction permit. At a joint project meeting between the Cities of Largo and Clearwater and PBS&J held on September 15, 2003, the City of Clearwater indicated a potential desire to install exploratory wells at both the Northeast and Marshall Street WWTPs. In a telephone conversation between PBS&J and Anthony Andrade ofthe Southwest Florida Water Management District (SWFWMD) on September 19, 2003, SWFWMD indicated that they would only provide matching funds for a second exploratory well if data from the first exploratory well showed the Northeast WWTP site to be not suitable for proceeding with construction and testing of an ASR test well. The City of Clearwater requested that PBS&J provide them with a scope and fee for performing an exploratory well program at the Northeast WWTP site. At a subsequent joint meeting between the City and PBS&J held in response to our initial submitted scope of services for the exploratory well program on October 9, 2003, the City of Clearwater requested that the current work assignment involving Class V ASR test well design and permitting be suspended until the exploratory well program is completed. PART 1 SCOPE OF SERVICES The following scope of services and estimated manpower requirements represents the limited engineering services associated with the permitting, final design, bidding, construction services, hydrogeologic testing and reporting of an exploratory well at the Northeast WWTP site. The estimated manpower requirements are based on our experience with similar facilities and are predicated on typical time requirements for proj ect completion, which is approximately 8 months for the initial exploratory well. A detailed description of the individual work Tasks is presented in the following sections. F;\..common\hydro\bd\clearwater asr\W.O. veri TASK 1: EXPLORATORY WELL PERMITTING PBS&J (ENGINEER) will prepare a Class V exploratory well permit application with supporting documents for submittal to FDEP. The permit application will include proposed exploratory wells at both sites. The ENGINEER will provide a draft copy of the permit application package for City review and 10 final copies for submittal to FDEP and for City records. Preparing responses to Request for Information (RFI) from FDEP are included with this Task. TASK 2: DESIGN SERVICES PBS&J (ENGINEER) will finalize the design of the exploratory wells and testing program utilizing the input obtained from City, FDEP and SWFWMD generated during the permitting process. Design services and technical specifications will be prepared for: . Exploratory Wells . Material Specifications . Drilling Program . Construction Testing and Verification Program . Hydrogeologic Testing Program . Groundwater Water Quality Testing . Hydraulic Testing (packers and specific capacity testing) . Geophysical Surveys . Rock Coring . Associated Monitor Wells (water table well) The technical specifications will be prepared in a suitable format for incorporation into the City's contracting documents for solicitation of bids for both exploratory wells even though the exploratory well at the Northeast WWTP may be the only well constructed based on hydrogeologic data gathered during drilling and testing. The ENGINEER will provide a DRAFT copy ofthe technical specification for City review and 10 final copies for distribution and bidding. Up to two meetings with the City to discuss project coordination and kick off are included in this task. TASK 3: BIDDING ASSISTANCE The ENGINEER will provide assistance to the City during the bidding and contractor selection process. Services provided by the ENGINEER will include the following services: . Prior to bidding, prepare an Engineer's estimate for well construction costs based on the final well design. . Respond to contractor initiated technical questions during bidding process, . Issue addenda as necessary during the bidding process. . Assist City in the bid review and provide engineer's recommendation F;\..common\hydro\bd\c1earwater asr\W.O. verI TASK 4: SWFWMD CONSTRUCTION AND TESTING PLAN Assuming that a FDEP Class V exploratory well construction permit has already been issued by the FDEP, a construction and testing plan will be prepared and submitted to the SWFWMD for approval. A construction and testing plan is required to do the packer tests, aquifer pumping tests and coring associated with the exploratory well as requested by SWFMWD TASK 5: SERVICES DURING CONSTRUCTION The ENGINEER will provide limited on-site services during construction and testing of one exploratory well and water table monitor well. It should be noted that the minimum time allotted for this task will still meet FDEP construction supervision and certification requirements (Rule 62-528.440(5)) applied to a Class V well. Activities performed during this task include: . Coordination and provide technical support for and attend one (I) pre-construction meeting with the Contractor selected for the project; . Review contractor submittals for general conformance with the intent of the technical specifications and contract requirements; . Review shop drawings and material submittals; . Verify materials and quantities used during construction; . Review Contractors application for payment and accompanying data, schedules as-built drawings, and recommend payments to the contractor; . Issue necessary interpretations and clarifications of the contract documents; . Prepare certifications of completeness for acceptance of the project components by the appropriate agencies; . Prepare record drawings based upon record information prepared by the contractor and provide computer files to the City upon completion; . The ENGINEER will prepare weekly progress reports for the City and Regulatory agencies (FDEP and SWFWMD); . The ENGINEER will provide limited on-site hydrogeologic services including: ~ Providing lithologic descriptions of well cuttings from the exploratory well pilot hole; ~ Monitor compliance with all FDEP sampling and approved testing program; ~ Observe casing installation and grouting operations for all casing installations; ~ Observe geophysical logging and perform geophysical logging review and interpretation during drilling activities. Geophysical logs include but are not limited to the following logs: caliper, gamma, electrical, fluid resistivity, temperature, borehole television log and flow meter log, borehole compensated sonic log, variable density log and cement bond log; ~ Specific capacity interval testing coordination, testing and analysis; ~ Water samples will be collected from the completed well and submitted to Contractor's identified laboratory for analyses; ~ Coordinate and conduct specific capacity test and variable rate step tests on completed exploratory well and analyze data; ~ Coordinate and observe rock coring and packer testing, and provide review and interpretation of data; F;\..common\hydro\bd\clearwater asr\W.O. veri TASK 6: ENGINEERING REPORT A comprehensive engineering report will be prepared documenting the construction and testing history of the exploratory well. Results of all testing and data collection, including analysis, will be incorporated into the engineering report. As-built drawing will be provided in the engineering report and to City of Clearwater. Verification of suitable subsurface conditions will be provided in addition to either verification and/or modification of an ASR test well design criteria (targeted storage zone) for future Class V ASR test well permitting efforts. Appropriate recommendations and conclusions will also be provided. Two DRAFT copies of the Engineering Report will be provided to the City in addition to 10 final copies of the report for the City's files. PART II ASSUMPTIONS 1. All permit application fees ($750 per exploratory well) will be the responsibility of the City. 2. Drilling Contractor to be contracted directly to the City 3. Water quality and geotechnical (rock core analysis) laboratory costs are not included in this proposal. 4. The City will provide review comments within two weeks of receipt of the bid package. 5. The estimated time requirements for completion ofthis project are based on our experience with similar proj ects. In the event that unforeseen subsurface conditions or Drilling Contractor delays impacts construction and testing beyond the estimated time presented, additional cost may be incurred at the rates specified in the Contract. 6. The ENGINEER will provide limited on-site observation services during construction necessary to comply with FDEP rules regarding construction supervision and well certification. 7. The ENGINEER will be the primary contact for communication between the Drilling Contractor and the City. PART ill COMPENSATION Compensation for the scope of services shall be on a Lump Sum Basis as detailed below. The cost for this Scope of Services is $ 56,413.00 and not to be exceeded without prior authorization from the City. Provided below is a breakdown of the estimated cost on a Task-by-Task Basis. TASKS ESTIMATED COST F;\..commonlhydro\bd\clearwater asr\W.O. veri 1. EXPLORATORY WELL PERMITTING 2. DESIGN SERVICES 3. BIDDING ASSISTANCE 4. SWFWMD CONSTRUCTUIN & TESTING PLAN 5. SERVICES DURING CONSTRUCTION 6. ENGINEERING REPORT PROJECT TOTAL F;\,.common\hydro\bd\clearwater asr\W.O. veri $ 6,757.00 $ 4,397.00 $ 1,234.00 $ 1,990.00 $28,428.00 $13,607.00 $ 56,413.00 PART IV SCHEDULE TASK ESTIMATED DAYS 1. EXPLORATORY WELL PERMITTING 2. DESIGN SERVICES 3. BIDDING ASSISTANCE 4. SWFWMD CONSTRUCTUIN & TESTING PLAN 5. SERVICES DURING CONSTRUCTION 6. ENGINEERING REPORT 90 10 30 15 90 30 I I ' F;\..common\hydro\bd\clearwater asr\W,O. veri EN~L I \ .g City Council ..~g~.~~~~~!~r...~..~.!!!..~..~.~..~..~~..~ Tracking Number: 865 Actual Date: 10/07/2004 Subject / Recommendation: Approve a Joint Project Agreement (JPA) with Florida Department of Transportation (FDOT) for the installation of an offset in a 12-inch diameter City owned water main, the replacement of a segment of gravity sanitary main, and the relocation of service meters as part of the State Road 60 Plan set (City Project 04-0047-UT), in the amount of $50,000.00 based on an engineer's estimate of the construction costs and authorize the appropriate officials to execute same. Summary: . The Florida Department of Transportation (FDOT) will be constructing/replacing storm water inlets and resurfacing portions of State Road 60 from the intersection of Gulf to Bay Boulevard, Highland Avenue, and Court Street in a northwesterly direction to the merger of Cleveland and Gulf to Bay Boulevard, then westerly to N. Fredrica Ave. . The Florida Department of Transportation (FDOT) will be installing mast arms at the merger of Gulf to Bay and Cleveland Street. . The installation of the mast arm foundation will require the relocation (offset) of an existing City owned 12-inch water main. . The construction, by FDOT, of a stormwater manhole will require the replacement of a segment of the sanitary main. . The anticipated date for beginning construction is February 2005. . The amounts included on this agenda item are the engineer's preliminary estimate, and are subject to change as the design progresses. The exact costs will be determined by the contractor's bid and may vary from this amount. Projects will be competitively bid by FDOT. The breakout of the engineer's estimate is as follows: Capital Project: Expense Code: Water Main Relocation (Offset) 0315-96742 Sanitary Main Replacement 0343-96634 Amount: 41,600.00 8,400.00 . Sufficient budget and revenue are available in the 02 Water & Sewer Bond Construction Fund project, 0343-96634, Sanitary Sewer Utility Relocates and the Capital Improvement Fund project 0315-96742, Line Relocation Capitalization. . A copy of the JPA is available for review in the Official Records & Legislative Services office. Originating: Engineering Section Consent Agenda Category: Agreements/Contracts - with cost Number of Hard Copies attached: 2 Public Hearing: No ater City Council ..."M,~g~~~a C~~,~.,r......~,~!!!~r.!~"!!,!!,~.,w.. Financial Information: ~ Capital Expenditure Bid Required? No Bid Exceptions: Other Other Contract? JPA with FDOT, City Project No.: 04-0047-UT Budget Adjustment: No Current Year Cost: $50,000.00 Total Cost: $50,000.00 Appropriation Code(s) 315-96742-563800-533-000 Amount Comments 343-96634-563800-535-000 $41,600.00 $8,400.00 Review Approval Glen Bahnick Garry Brumback 09-16- 2004 16:08:50 09-17-2004 10:42:04 09-23-2004 09:17:51 09-16-2004 16:41:37 09-23-2004 09:37:00 09-17-2004 08:05:29 09-22-2004 11:35:38 Brvan Ruff Bill Horne Michael Ouillen Cvndie Goudeau Tina Wilson ---- ...1 Location Map Gulf To Bay And Cleveland Street Resurfacing l~~~~~D~~DJJ"-'S~;~";D"~l;~' I:~n I f4!::::.:. ~y ~ c:::J JURGENS ST !2 0 a :J CEDAR HIBISCUS ST I / tlJ c::J ~z I-!!? (/) 8:!D I I S HIBISCUS ~ go ~ ~ ~ ~ ~ ~ ~ I /.~ Ll PALMETTO c:Jsr PALMETT ~~DO li- ~l ~~': o c~rb'!il ST ~ ! I 0 Q ST~[j ST <I ST ELDRIDGE ST ~ oResE ~~ ::R a n ~E c=::J CJ MA"-E . , , L::5 V U~ ~'!i ~ D'CJ ~ I '000 ~ ~k " I, I '~! "~KENN 018 8 DfDKSON~D13D D~D~DRD ~D-"DIO!~! = !UI~i[lQRIDGEDWlDST i ST ~ ~ '" ~ ~ If ::l CRESTVIEW ST ~ ~ ~ ~~D c=J D ~ ~ ~ T c:=:J D "o<;EYiOOO 15 ~nld;~ ~.T. ~DiD~~iD:D~~l'SD~D~D!D c:=J Dt=~~Dl'Sc=J Q ~ ~ c:J ~ OROVE It ST 3 ~ t ~ c=J 0 ,J-.-J 0 c:=J c:=J DD~D ~ I D~D~D~ ~ c=J~CJ 0 D~D CJllD !!JU ClEVELAND D'!iD ST 0 D B~D>[5lli' c==J ClEVELAND wDwD'!i ~ lr ST c( PARK ST ~ ~ ~ ARK ~ ST 5 ~ <( !i r---tr1 '!i "w ,--, n" ~ ~ HARVARD '" ST L-J< ,,~ ~ lJ~ CJ ST [jj a:: ST ~r---l~ ffi ST PIERCE ~ t; ST ~ EV<l-;::n Place ~ ~ ~ ~L--J ~ [ ffi\'"" c(:5 i: TMOUTH ST5~ g~ ~~ ~ i loLLD ~ ST ~ ~~ FRANm! ST ~ ~~ SITE D D D O ~ ~ CJ C=:J LS"""TA ROSA ~ SAN JUAN ~ BROWNELL ST r-----l = = L-----.J OST D I COURT ST I ~ ~ '!ID 0 DOULFoTO DBAY oBLVO DSR;D~ r----J w I I ~ ROOERS ST Ie. '!i" TURNER ST L--.J>_. c=J~C=:=J~ ~ ~ c( C ~ D I I ~~ <~ lli i ~ TUR>ER ~ \T ~ TU [j I " I ;~iL~ !CJ1B!~ DIOIDiD DIDO -~ DRUID g D P v~ ~ ~y~Q l'Sn~nll ~ JASMINE q~ JASMINEc;;;)Y D n.................. B 6.6 ? ~ !8i~ lulUI i~:~;~:~~ MAQlJI:! lOTUS PATH lOTUS PATH LOTUS PATH ~ ~ Z ~ C) DDD I I T",'US'AOH~ ~ g T ST JEFFORDS Z Sf J '6'BlO nl~.~.....i...i....l.~.l.:. ,~I:dn Ii^"n~ I -~ 0 II n n ~~. III~~ uorn_ <T City of Clearwater, Florida Public Works Administration/En ineerin ate City of Clearwater Location Request Ity OJect 09/10/04 04-0047-UT awn y S.K. eel 10fJ ec e y RK Gulf To Bay And Cleveland Street Resurfacing Map. ec- WD- ng 15-29S-15E 287B R-vENGL STAll:. 0;0 !'LORIO'" Ci'OPAI'lTMEUt QI' TR.4.N$PORtI\TlQN UTILITY WORK BY HIGHWAY CONTRACTOR (LUMP SUM) ~001 Plig"XdY 406541~1~52-01 N/A NfA Federal Pro ect ID~ Coun {Section No: District Document No: N/A Pinella$. NJA THIS AGREEMENT, madEl and entered into this day of .... . ..,yearof .. ,by-and between the STATE OF FLORI.DA DEPARTMENT Of TRANSPORTATION hereinafter referred to as the"FOOT", and City of Clearwater , hereinafter referred to as the "UAO"; WITNESSETH WHEREAS. the UAOowns certalo utility faciHtieswhlcna.re located on the public rOad or publj9ly~wned raU corridor identified below, hereinafter referred to as the "Facilities" (said term shall be deemed to include utll1ty facilities as the same may be relocated, adjusted, or placed out of service); and WHEREAS,the FOOT iSCUrfE\nllyengaginp in a.proJect which iovolves cO!1structtng,.re(4)rlstructing,orotherwise changing a public road and.otner improv(:iments located on a publicrqad orpubtidy ()wned rail<!;)()rridor identified as CleveJandSt. from Fredrica Ave, to Highlands Ave State Road No; 60 , hereinafter referred 1.0 as the "Project"; and WHEREAS, the ProJect requires minor modifications to the FaclUtiasor the FOOT's design more particularly described in EXhlbjtA.atfached herelp !ll'l(.1by this reference made a parthoreof, hereinafter referred to as ~Utility Work," and full plans and technic;:11 specifications for the Utility Work. are not rlSlQuired; and WHEREAS, the. FOOT will perform the. Utility \Nork as.partotthe.ProjE;lct;.ahd WHEREAS, theUAO, pursuant to the terms and conditions hereof, "viII bear certain costs associated with the UtiUly Work; and WHEREAS, the FOOT and the UAOdesire to enter toto an agreement which. establishes the terms and conditiOnS applicable 10 the Utility Work; NOW, THEREFORE,in consideratjonof tile premises and the mutual covenants contained herein. the FOOT aod the UAO hereby agree as follows: 1. Performance of Utility Work ;a. The FOOT wHl include the Utility Work in its .plans and specifications for ttJeProject and will include the Utility Work as part of the FOOT's construction of tl1e<Project ThepreparaUon of the plans .and specificaUonsand thecotlstructlon of the Project wiJI be performed in such manner as the FOOT. in Its discretion.. deemed appropriate. b. Alllocalion,prot€lction. relocation,a<ijustrnentor removal of the UAO's Fadtities which is not listed in Exhibit A shall lJElperformed pursuant loa separate agreement. 2. Cast of UtiUly Work t a o e b, TheUAOwill, atleastfourteen. .. . (~l calendardays priorto the date onwnichthe FOOT advertises the ProjecHQr bids, pay!he FOQT theamol.lt'lt.of$ 50,OQOJ)O for the cost of the Utility Work. Said amount will be deposited into the State Transportation Trus.t Furld. TheFOOT~ndthe UAOacknowledge and agree that the amount stated above includes.an additional ten percent (19%) to cQverthe UAO's obngation for the<;O$t of the Utility WorK as set forth in SE;lction 337.403(1)(0), Florida Statutes. Except for costs associated with any changes or additions to the Ut1!ityWork, the FOOT and the UAO agree that the deposit shall be an asset onhe FOOT and that itconstltutesa full and flnallump sum payment for lheGQst of the Utility Wort, without any requirement for asuosequent accounting for the use of the deposit a c. UlIUfl!:S 10101 l"aJ~ X alV d. Pursuant to Section 337A03(1 )(b), Florida Statutes, no cl1angesoradditlons totheUtiHlY Work will ..I,)~ madedunngtheconstructionof the Project.unless the UAO l1as made an additional deposit to cover the cost ofthechangesor additi<>ns, To theE!xtentthat the amount stated in $Ul;)paregraph 2,a.. above exceedstheamoynt ot the FOQTcontract.,r's bid thatappliestotheUtility Work., such.excess maybe applJed. weover. the cost of tnec;hangesor. additions.AHeMa nges oradditiqrsshall. be Sl.lpjecttothe limHaUonson supplemental agreementsal1d change orders conlaineginSection337.11(8). Florida StahJtes. 3. Default Q. In the eVfilot that the UAObre;:jches any proViSion ortnis Agreement, then in additionto.aryother remedies which are othelWise provldegfor in this Agreement. the FOOT may exerciseone<ormoreof the following options. provided tnatal notjm~ shall the FDOl" be entitled tQ receive double re<::overyord~mages: (1 ) Terminate this. Agreement if thebrellch is material and hal> not been cured within f);Odays. from written notice thereof from the FOOT. (2) Pursue acl(lim for damages suffered by the FOOT, (3) Suspend.theis$l.)ance of further permits to the UAO for the placement of Faclllties.on. FOOT propertyjf the breach is. material and has not been cured within 60 days from written notice.theraof frOm FOOT until such Umeasthe breach is cured, (4) Pursue any otherremedie$ legally available, (5) Perform.any work with its pwnforc8!.>or throl.lghcootractorsand seeK repayment fortne cost thereOf ynder$ection337,403(3). Florl<la S~atutes; b. In the eventthatthe FOOT breaches any provisionofthis Agreement then in addiUon to any other rem~dies whIch are otherwIse prQvided for in the AgrE?~m(1nt. the UAO may exercise one or more of the follo\vlng options; (1) Terminate this Agreement if the breach is material and has not been cur~dWithin 60 di3Ys from written notice thereof flOm lhe UAO. (2) Pursue any otherremedies leg~IIY available. c, Terminationot this Agre.ement shall. not relieve eitherparty rromany obligatlons!t has pursuant to other agreements between lMpar1ies and from any statutory obligatlonsthat either party may have with regard to the subject matter hE:lreof. 4. Indemnification FOR GOVERNMENT-OWNEO.VTllrT1ES, To the extent provided by law, tne.lJj\O shalllndemnjfy, defend. and hold hart'nl(isstMFDOTandaHoflts offic,:;ers,8gents. and employees from any claim, .loss, damage. cost, charge. or expensE;lsrising'oUl Of any acts, action, error, neglect, or omission by the UAO,itsa~ent$. employees, or contractors during the performance of the Agreement, whether direct or indirect, and whether to anypersollor property to whiGn FOOT or said partJ~smaybe ~ubject, except that neltl1er theUAO, itsagertls. employees. or contractors wUl. be !lable underthii)Sectlof'l tQrd~mage$. ansingout Of the Injury> or damage to persons or property directly caused by or resulting from .the negligence of nW FOOT or any of its o.fficers, agents, Or empl()yee~ during the pli;arformance of thi1ii Agreement When the FOOT receives a notice of claim for darn~ges that may havebeencau$edpy tl1eUAO In the performance of services req\.lired. under this .Agreemenl, the FOOT will immediately forward the (ilaim to tn!; UAO. The UAOana the FOOT will evaluate the claim and report their findings. to eaCl10tnElt within fourteen (14) working days and will jOintly discuss options in defending the claim, After revieWing the claim. the FOOT will determine whether to require the participation ofthe UAOln the defense of the claim or to require the. UAO to defend the FOOT in such dalmas described inlhis section, TneFDOrs failure to l1ptify the UAO of a claim.shall nol release. the. UAO from any of the requirements of this section. The FOOT and the UAO will pay their own posts for the evaluatiqn. setUeme!nt fl69otiations,~ndtrial,if any, . However, if only one party participates in thedefensl;lof the claim at trial, that party ls responsible for all costs. 110-(11 0-./ UTllfilES HUQl P;;g'l! X qlY FOR.NON..GOVERNMl:NT-OWNEO UTILITIES, TheUAO shalllndemnlfy,defend. .and hold harmless the FOOT and all of its officers. agents, and employees from anyclalm,loss. damage, cost.ch~rge, or expensearislnQputofanyacts,adion, error, neglect, or omls$ionby theUAO, i~<tgents, employees, or cQntra.ctofSQUnng the performance of the Agre$rnent whether direct or Indireqt,~nd whether tC)any person or property to whiohFoOT or saiq. p;;irties may. be subjec:t. eXcePt. that neither the> UAO,itsagents;employ~s, or contractof$will bEl Hat}le under this sl:ction for damages arising out of the injury or damage to persons or property direqtly caused by Of resulting fromthe negligence clthe FOOT or any Gf its officers. agentS. or employees during the performance bf thi$ Agreement The UAO'.s .obHgatlon to lndenmify. defend, and pay ror the defense oral the FOOT's option, to participate and associate wFth the. FOOT lotne defense and trial of any damage cli:lim or suit and any related $ettlemen.t negotiations.$hall ari$a wllhln fourteen (HI days of raceiptby the UAOaf the FOOT's notice of claim forlndemnltlcation to theUj.\O. . ThB notice of claim for indemnification shall be servedbyce~ified mail, The l.1AO'sotHlgaUon to defem:janq indemnify within fourteen (14) days of such notice snaIl not be excusecl because of the UAO's lnflbility to evaluate lif,lbiHty ar becauseJhe UAO evaluatat) liabilltyand determines thel.1AO IS not liable Or cletermlneslhe FOOT is solely negligent Only a final adjudication Of judgment ftndlng the FDOTsoleJly neglig13nt shaH excusepEJrformance of this provision by the llAQ. Th.(.; UAO shall pay all costs and.fees rPlated.to.this obUgatipn.and.itsenforcementpy the FOOT. The FOOT's <leJayin notifying the UAO pf a.clalm shall not release UAOoflheabove duty to defend. 5. Force Majeure NelIher the UAO nor the FOOT shall be liable to the other for any failure to pertam1 under this Agreement to the extentsuchperformanceJs prevented. by .anact OIGod. war,riot$.nat\.lralcata~trophe, or other event bey()nd theoontrol()tll1e f'lon~performing party and which could not have been avoided. or OVj3fCome bytne exercise of (jue diligence; provided thatthe pi:lrt)lclaiming the excuse frQmperformanc~ hall.> (a) promptly notified the other p<;lrtyof the O~:1(:urrenCe and Its estimate duration. (blpromptly remediedar mitigated the effect of the occurrence to the extent possible, and (c) resumed performance as soon as possible. 6. Miscellaneous a. The j=(iCilitiessh<Jflat all times remain the property of and bepraperlY protected<and. ma11'1talnedby the UAO inaccgrdance with the then cLJrrentUtilityAccommo.cjaoooManual and the current utility p~mlitfor thia Facilities except t<.) tneextent that FDOT'$ContractOt is obligated to perform these:activities during the periOd of cQn~tf1J(ltion, b. PUf'$uant to Section 287.058, AoridaStatutes.lhe FOOT mayunilalerally cancel this Agref.'lmentfor refusal by theUAO toallowpubliq access to all documents. paperS, letters,prother material subjecUo the provisions of Chapter t t9, Florida Statutes. and madear received by the UA() inconjl.l1'lcllon with this Agreemef1t. c. This Agreement tonstitutElS the complete 8ndtil'l<;l.le;.;pre$s.iofl of tl1e parties with respect to thesl)bjec.t matter h~.reoft'lnd sup.ersliJdes all prior agreements. \Jnderstandings. qrnegotiations with respect thereto, exceptInat the parties understand. and agref;i tnatll1eFDOT has manualS and written policies and procedvres which shall beapplicabieat the time of the Project and any future location,adj1.istment. or modification and the relocation of the Facmties am;J except that the UAO and the FOOT may have entered into other agreements for work not included in Exhibit A lor Facilities locatedwlthin tl1e limits of the Project Copies of FOOT manuals, pollci.es. and procedures will be provided to the UAO upon request d, This Agree:rnlilnt $hall t"egoverned by thelaw$ of thE! State of Florida. Any provision hereof found tq be unlawful or unenforceable shall be se\lElrableand shall not affect the validity of the remaining provisions hereof. e, Time is ofthe essence in the performance of all obligations under this Agreement. rl0dJ10.57 lJTlUTIFS 10101 F'ltg",XfAY t. Allnotice$ requlredpursu<;fntl;o the leMS hereof may be sentbyJirstcla$Ul1ited States Mail,facshnlle transmission, hand delivery, or express mall and shall be deemed to have been received by the end of five buslness days from the prpper sending thereof unless proof of prior actual receipt lsprovlded. The UAO shall !lavea.cofttinuing obligation to notify each Oistrict of theFDOT of the appropriate. persons farnoticas to be sent pursuant to this Agreement Unless otherwisenptlfiedin writing, noticesshaU aesent to the (ollpw1ng addresses: If to the VAO: lfto.the FDOT: 7, Certification This document is a printoutoi an FDOT form maintained Inanelectronk: format and all revisions thereto by the UAO in the form ofaddltions, deletions, or substitutions are reflected only<inan Appeooix entitled .ChangasTo Form Document" and no change is made in the textof the document itself.. Hand notations on affacted portions of thisdocumel1t m~yrefertochange$ reflected inlh~abO\le.ru!lrrl!!!d Appendix but are for referenc::epurposes only and do not changl')tne terms of the doc.umfint By signing Jhi~ document, the UA() heret)y represeotSthatno change has. been made. to the text of this document except U1rough the terms of the appendix entitled "Changes To Form Document" You MUST signifY by selecting or checking which Of the foilo'.'I'ingapplies; @ No Changes have been made to this Forms Document and no Appendix entitled "Changes To Form Document~ is attached. o No changes have been made to this Form Document, but changes are included on lhe attached Appendix eomled "Changes to ForrnsDocument" IN WITNESS THEREOF, the parties hereto have executed this Agreemenl effootive the day and year fi(St Written. UTlLITY: BY:(Signature) {Typed Name: (Typed T'itle: DATE: Recommend Approval by thePlstrlct Utility Office BY:(Sipnature) DATE: FOOT Legal Roview BY:(Signature} DATE; 'fj!MItO.51 11fIUTJE$ 11>>01 Page X 01 Y 5TATEOF FLORIDA DEPARTMENT OFTRANSPORTATION BY:(Signature) (Typed Name: ('Typed Title: DATE: FEDERAL HIGHWAY ADMINISTRATION (Ifappli<;able) BY:(Sigoature) (Typed Name: (Typed Titte: DATE: :>T ATE Of FLORillA OfPAR'lMENt Of tflAN$J'MtA1idN UTILITY WORK BY HIGHWAY CONTRACTOR AGREEMENT CHANGES TO FORM DOCUMENT ,1 o-)lO.~! UllLmt;s 10.\:11 EN ~ .3 \ \. q City Council .............~g~~.~"~"!;~~~..r,,.~...~.!!!.~r~,!!.~.~~...w. Tracking Number: 866 Actual Date: 10/07/2004 Subject / Recommendation: Approve a Joint Project Agreement (JPA) with Pinellas County for the installation of two offsets in a City owned water main and the replacement of the service line piping associated with the relocation of water services/meters in conjunction with Pinellas County plans for "McMullen Booth Road at SR 590, Intersection Improvement", in the amount of $30,063.30 based on an engineer's estimate of the construction costs, and authorize the appropriate officials to execute same. Summary: . The purpose of this agreement is for the construction of two water main offsets. The offsets are to be constructed by the same contractor that is tasked with the intersection improvements for Pinellas County thereby avoiding scheduling conflicts. . The intersection improvements include the widening of SR 590 and the installation of stormwater drainage structures. . The anticipated date for advertisement is October 2004. . The amounts included on this agenda item are the engineer's preliminary estimate, and are subject to change as the design progresses. The exact costs will be determined by the contractor's bid and may vary from this amount. Projects will be competitively bid by Pinellas County. The breakout of the engineer's estimate is as follows: Capital Project: Expense Code: Water Main Relocation (offset) 0315-96742 Amount: $30,063.30 . Sufficient budget and revenue is available in project 0315-96742, Line Relocation Capitalized. . A copy of the JPA is available for review in the Official Records & Legislative Services office. Oriqinating: Engineering Section Consent Agenda Category: Agreements/Contracts - with cost Number of Hard Copies attached: 2 Public Hearing: No Financial Information: lYJ2en: Capital Expenditure Bid Required? No City Council ...mm,~,~g~~~~ c~.~~r.~.~!!!Qr~ nd!!..!!!~._..... Bid Exceptions: Other Other Contract? Joint Project Agreement with Pinellas County, City Project No.: 03-0084-UT Budget Adjustment: No Current Year Cost: $30,063.30 Total Cost: $30,063.30 Appropriation Code(s) 315-96742-563800-533-000 Amount $30,063.30 Comments Review Approval Glen Bahnick Garry Brumback 09-13-2004 15:09:37 09-16-2004 12:22:29 09-23-2004 09:19:50 09-13-2004 15:34:55 09-23-2004 09:30:30 09-14-2004 14:11:38 09-21-2004 14:59:40 Brvan Ruff Bill Horne Michael Ouillen Cvndie Goudeau Tina Wilson A NORTH Location Map McMullen Booth & SR 590 Intersection Improvements nr~!D~ ~oAKS I 4th ST. PROJECT SITE City of Clearwater, Florida Public Works Administration/En ineerin ale City of Clearwater Location Request rawn y S.K eel lofl 09/10/04 ec e y McMullen Booth & SR 590 ec- wn- g RK Intersection Improvements Map. 4-29S-16E 265A 4,: fN~; JOINT PROJECT AGREEMENT FOR UTILITY INSTALLATION BY ROADWAY CONTRACTOR PROJECT NAME: PROJECT LIMITS: PROJECT PID NO: McMullen Booth Road @ S.R. 590 Intersection Improvement 922051 This Agreement, made and entered into on the day of , 2004, by and between Pinellas County, a political subdivision of the State of Florida, hereinafter called County, and the City of Clearwater, a Municipal Corporation of the State of Florida, hereinafter called City. WITNESSETH: WHEREAS, the County intends to construct improvements to McMullen Booth Road and S.R. 590 hereinafter referred to as the Project, which will call for the adjustment, relocation, and/or installation of the City's utility facilities along, over and/or under the Project, and, WHEREAS, the above described utility activities are to hereinafter be designated as "utility work," and WHEREAS, the County's plans for the Project have been reviewed by the City and the City has had an opportunity for input into said plans, and WHEREAS, the County and the City have determined that it would be to the best interest of the general public and to the economic advantage of both parties to enter into this JOINT PROJECT AGREEMENT for the "utility work" and, WHEREAS, the City has expressed its desire to assume all reasonable and necessary costs to be incurred for this "utility work" and has requested the County to include in said Project certain plans and specifications to meet the City's needs, and, McMullen Booth Road @ SR 590 - City of Clearwater JP A 10f6 12-03-03/JSC NOW, THEREFORE, the premises considered, and in consideration of the sum of One Dollar ($1.00) each to the other in hand paid, the receipt whereof is hereby acknowledged, and in further consideration of the mutual covenants hereinafter contained, it is agreed by the parties as follows: 1. The City's "utility work" within the limits of the Project, is more specifically described as: The installation of two offsets in a City owned water main and the replacement of the service line piping associated with the relocation of water services/meters along the right of way adjacent to SR 590. 2. The City will prepare, at its expense, the design of plans and specifications for all the City's necessary "utility work" described above and will furnish to the County no later than June 30th, 2004, complete and reproducible plans on standard size sheets (24" x 36"), together with a complete set of specifications covering all construction requirements for the "utility work." These plans and specifications will be complete in every detail and will include a "Summary of Quantities" sheet and/or "Bill of Materials" identifying the items of work, with a "final estimate of cost," required to accomplish the "utility work," said estimate to be satisfactory to the County. The plans and specifications will be signed and sealed by a Registered Professional Engineer in the State of Florida. 3. It will be the responsibility of the City to coordinate the development of the "utility work" plans with the County's plans for the Project. The County, upon request by the City, will furnish all available roadway information required by the City for the coordination and development of the "utility work" plans, and the County will cooperate fully with the City to this end. 4. The City will obtain all necessary permits required for construction of the utility work. 5. Pinellas County will issue a "Right-of-Way Utilization Permit" upon execution of the agreement by both parties. 6. The City does not warrant the accuracy of the County's survey information. The City will be responsible for reviewing the County's survey information and will be responsible for any changes to the City's plans made necessary by errors and omissions in the County's survey information. 7. All survey for the construction of the "utility work" will be furnished by the County, under the direction of the County's Engineer. 8. The coordination of the City's "utility work" with that of the roadway contractor and other utilities and/or their contractors will be the responsibility of the County. The City will cooperate fully in this matter to ensure that any delays in the construction of any phase of the project occurring as the result of unforeseen circumstances involving the City's "utility work," will be remedied immediately with the full force and power available to the City. McMullen Booth Road @ SR 590 - City of Clearwater JP A 20f6 12-03-03/JSC 9. All of the work, pursuant to this JOINT PROJECT, is to be done in substantial accordance with the plans and specifications of the City (if any) which plans and specifications are, by reference hereto, made a part hereof. All information required for field changes, change orders or Supplemental Agreements pertaining to the City's "utility work" will be promptly furnished to the County. 10. The City will provide the necessary construction and engineering inspection of the City's utility work to determine if construction is generally in compliance with the plans and specifications. The City's inspector will immediately notify the County inspector of any objection to the "utility work." 11. The County will be responsible for the bidding and award of the Construction Contract and will include the "utility work" as a separate option item in its bidding document. After the County receives, opens, and evaluates the bids, the Director of Public Works will notify the City, in writing, of the County's intent to award the contract. This notification will include the amount for the "utility work" option. The City will have five (5) days from receipt of the County's notification to request, in writing, that the County delete this option, and to notify the County of the City's intent to perform the "utility work" with the City's own forces or its own contractor. In order not to delay the construction of this project, the City must show that it is ready and able to perform all "utility work" prior to requesting that the County delete the "utility work" option from the contract award. The City does not have the right to delay or affect, in any way, the award of the contract. In the event the City, in performing the "utility work," causes a delay to the County's construction of this project, the City agrees to pay all claims and costs incurred due to the delay. In the event the County, for any reason, decides either not to proceed with the Project or halts construction of the Project, the County will not be responsible for any "utility work" not completed. 12. The City will participate in the design, utility coordination, pre-construction and other meetings as necessary for Project coordination. 13. All adjustment, relocations, repairs, maintenance, and incidentals required to be performed to the City's existing utilities with this Project, not included in the "utility work" will be the sole responsibility of the City. All such work is to be coordinated with the construction of this Project and in a manner that will not cause delay to the County's Project contractor. 14. The City's comments and suggestions are invited and will be considered by the County; however, all services and work under the construction contract will be performed to the satisfaction of the County's Director of Public Works, who will decide all questions, difficulties and disputes of whatever nature which may arise under or by reason of such contract for "utility work;" the prosecution and fulfillment of the services thereunder, and the character, quality, amount and value thereof; and who's decision upon all claims, questions and disputes thereunder are final and conclusive upon the parties hereto. 15. The City hereby certifies that funding for the preliminary estimated "utility work" cost of $50,000.00 including 5% for County construction/contract administration costs has been appropriated and is available for deposit into a trust account for the purpose of payments by the County to the contractor on the City's behalf. The deposit will be due to the McMullen Booth Road @ SR 590 - City of Clearwater JP A 30f6 12-03-03/JSC County no later than 30 days following the bid opening of the construction contract. Interest will accrue on the deposit balance and be used toward Project costs. In the event the actual cost is under the final estimate of cost, the County will reimburse the City any excess trust account funds. If the actual cost is over the final estimate of cost, the County will invoice the City for the balance owed. 16. Upon completion of the entire Project, which will be determined jointly by the County and the City, the City will own, control, maintain and be responsible for all City utility facilities involved according to the terms of the Pinellas County Right-of-Way Utilization Permit. The City further agrees that it will maintain and keep in repair, or cause to be maintained and kept in repair, all of such constructed facilities or utilities. 17. The City agrees to indemnify, hold harmless, and defend the County from and against all claims, suits, actions, costs, attorney's fees, expenses, damages, judgments or decrees brought by or on behalf of any person or legal entity or property arising from the participation in this agreement by the City, including breach of contract, interruption, delay or related claims arising from the City's performance of its own "utility work" or use by the City of the completed "utility work". 18. The County will forward all invoices for processing to the City's representative as shown: City of Clearwater Engineering Department Post Office Box 4748 Clearwater, Florida 33758-4748 Attn: Michael D. Quillen, PE, City Engineer 19. Upon completion of the entire Project, the County will, within one hundred eighty (180) days, furnish the City with two (2) copies of its final and complete billing of all costs incurred in connection with the work performed hereunder, such statement to follow as closely as possible the order of the items contained in the job estimate and include all monthly payments to the contractor. The final billing will show the description and site of the project, the date on which the last work was performed or the last item of billed expense was incurred, and the location where the records and accounts bill can be audited. Adequate reference will be made in the billing to the County's records, accounts or other relevant documents. All cost records and accounts will be subject to audit by a representative of the City. 20. Upon completion of the entire Project, the County will, within one hundred eighty (180) days, furnish the City with one (1) set of "as built" ("record"), standard size sheet (24" x 36") "utility work" plans. 21. Upon completion of the entire Project, the County will insure that any warranty, including materials, equipment, workmanship and closeout documents, by the contractor constructing and/or installing facilities in accordance with this agreement, is passed on to the City under the same terms and conditions as that warranty applies to facilities constructed or installed on behalf of the County. McMullen Booth Road @ SR 590 - City of Clearwater JP A 40f6 12-03-03/JSC JOINT PROJECT AGREEMENT FOR UTILITY INST ALLA TION BY ROADWAY CONTRACTOR PROJECT NAME: McMullen Booth Road @ S.R. 590 PROJECT LIMITS: Intersection Improvement PROJECT Pill NO: 922051 IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed by their duly authorized officers and their officials' seals hereto affixed, the day and year first above written. CITY: PINELLAS County, FLORIDA, by and through its County Administrator BY: BY: Stephen M. Spratt TITLE WITNESS: WITNESS: BY Secretary APPROVED AS TO FORM BY: Office County Attorney McMullen Booth Road @ SR 590 - City of Clearwater JP A 50f6 12-03-03/JSC E:N~ 4 II. 10 City Council ,",~"~",~g..~,~,d~~~~..~.r~.~~~r~"~,!!~!!! Tracking Number: 690 Actual Date: 10/07/2004 Subject / Recommendation: Approve a Supplemental Agreement with HDR Engineering, Inc. in an amount not to exceed $115,000 for additional post-design services related to construction of the Memorial Causeway Bridge and authorize the appropriate officials to execute same. Summary: In 1994 the City entered into an agreement with HDR to develop a preliminary engineering report for replacement of the Memorial Causeway bridge. This agreement was modified in 1995, 1998 and 2000 to provide for additional studies and final design. In 2002 the agreement was modified to provide for $455,700 in post-design services including: shop drawing review; responses to requests for information; construction calculations; attendance at progress meetings and permit coordination. These services were anticipated to last through the construction contract completion in July 2004. Unanticipated delays in the construction process have resulted in a construction duration exceeding the expected duration. These additional post-design services are a result of this increased construction duration. Billing will be based on actual hours used, not to exceed $115,000. Sufficient funding and budget are available in Capital Improvement Program project 315-92820, Memorial Causeway Bridge. A copy of the agreement supplement is available for review in the Official Records and Legislative Services office. Originating: Engineering Section Consent Agenda Category: Agreements/Contracts - with cost Financial Information: ~ Capital Expenditure Bid Required? No Bid Exceptions: Sole Source In Current Year Budget? Yes City Council ......~g~,~~~~Q~~r~.~.!!!~ra ~.~.~~ Budget Adjustment: No Appropriation Code(s) 315-92820-561200-549-000 Amount $115,000.00 Comments Review Approval Michael Ouillen Bryan Ruff 09-22-2004 15:45:08 09-24-2004 13: 16:23 09-23-2004 10:11:14 09-23-2004 11 :26:43 06-30-2004 14: 14:27 09-24-2004 12:31:19 Cvndie Goudeau Tina Wilson Brvan Ruff Bill Horne j!j\(G ~I MEMORIAL CAUSEWAY BRIDGE REPLACEMENT DESIGN CITY OF CLEARWATER SUPPLEMENTAL AGREEMENT NO.5 THIS SUPPLEMENTAL AGREEMENT, made and entered into this _ day of 2004, by and between the CITY OF CLEARWATER, an incorporated area in Pinellas County, Florida hereinafter called the CITY, and HDR ENGINEERING, INC., 2202 N. West Shore Boulevard, Suite 250, Tampa, Florida 33607-5755, hereinafter called the ENGINEER. WITNESSETH: WHEREAS, the CITY and the ENGINEER heretofore on October 21, 1994, entered into the original AGREEMENT and on December 20, 1995, July 20, 1998, October 11, 2000 and January 24, 2002 entered into SUPLEMENTAL AGREEMENT NO.1, 2, 3 and 4, whereby the CITY retained the ENGINEER to finish certain services in connection with SR60 Memorial Causeway Bridge Replacement; and WHEREAS, Section IX. Additional Engineering Services and paragraph I.B of Exhibit "B" of the original AGREEMENT provided a mechanism for the ENGINEER to provide additional services as authorized by the CITY; and WHEREAS, the CITY has determined it appropriate for the ENGINEER to perform additional post design services for deign assistance and construction assistance for a new bridge, and that the ENGINEER be granted increased compensation as described below. WHEREAS, the CITY Commission by majority vote on Supplemental Agreement and authorized execution of such; , 2004 approved this NOW THEREFORE, this Agreement witnesseth that for and in consideration of the mutual benefits to flow each to the other, the parties agree that the ENGINEER shall perform the additional post design services as described in EXHffiIT A of Supplemental Agreement No.2, which is attached hereto and made a part hereof, and that the ENGINEER shall receive for his services hereunder the increased maximum amount of $115.000.00 dollars as described in EXHffiIT B, attached hereto and made a part hereof and that the length of services for this work effort shall be extended to March 1, 2006. Except as hereby modified, amended, or changed all of the terms, conditions, billing procedures, and other administrative procedures of said Agreement and any supplements and amendments thereto shall remain in full force and effect. Page 1 of2 (Signature page for Supplemental Agreement No.5 between the City of Clearwater and HDR Engineering, Inc. re: Memorial Causeway Bridge) IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed, the day and year first above written. Countersigned: CITY OF CLEARWATER, FLORIDA By: Brian Aungst Mayor William B. Horne II City Manager Approved as to form: Attest: City Attorney City Clerk ATTEST: HDR ENGINEERING, INe. By: Susan Hayes, Notary Public LarryD. Low Sr. Vice President 2202 N West Shore Blvd., Suite 250 Tampa, FL 33607 Page 2 of2 EXHIBIT B METHOD OF COMPENSATION METHOD OF COMPENSATION The Consultant will be paid a Maximum Limiting Amount of$115.000.00. This amount will not be exceeded without a fully executed Supplemental Agreement. Billings shall be monthly at the rate schedule shown below. BILLING RATE SCHEDULE FOR POST DESIGN SERVICES Thru Dec. Thru Dec. Thru Dec. Job Classification 2004 2005 2006 Project Manager $161/hr. $ 169/hr. $ 177/hr. Chief Engineer $178/hr. $ 187/hr. $ 196/hr. Sf. Engineer/Environmental $ 128/hr. $ 134/hr. $141/hr. Engineer $101/hr. $106/hr. $111/hr. Designer $ 87/hr. $ 91/hr. $ 96/hr. CADD Technician $ 70/hr. $ 73/hr. $ 77/hr. Clerical! Administrative $ 54/hr. $ 57/hr. $ 60/hr. These billing rates cover all labor costs including wages, salaries, fringe benefits, overhead and operating margin. Miscellaneous and direct out-of-pocket expenses will be billed monthly for the actual amount incurred. B-1 EN~5 \ \.1 \ City Council ...ww.....~g~.!!~~~"~~~r~.~!!!~ra ~..~...~m..mm Tracking Number: 860 Actual Date: 10/07/2004 Subject / Recommendation: Approve the Grant Agreement with the United States Environmental Protection Agency (EPA) which provides reimbursement of project costs up to $1,306,700.00, and award a contract to Danella Companies of Pompano Beach, Florida, for the Seville & Sunset Drive Reclaimed Water System (02-0103-UT) construction contract in the amount of $1,951,550.70, which is the lowest responsible bid received in accordance with plans and specifications, and that the appropriate officials be authorized to execute same. Summary: This item is a continuation of the development of a reclaimed water transmission and distribution system in the City of Clearwater. This project will target two areas, the primary portion being the Seville area with a smaller portion of the project along Sunset Drive in the Old Clearwater Harbor area. The new distribution system will provide reclaimed water to approximately 6 multi-family residential communities and 10 commercial customers. The project consists of approximately 19,800 linear feet of 8" and 10" transmission pipeline, approximately 8,160 linear feet 4" and 6" of distribution pipeline, and approximately 10,700 linear feet of 1" and 2" service pipeline. The construction contract time is 300 days. Construction is expected to start in November of 2004 and be complete by September of 2005. The scope of work requires the contractor to replace potable water service lines throughout a portion of the projects limits of construction, totaling about 5,000 linear feet of services lines. This work would have been performed as a portion of the 2004 Water Service Line Replacement Project. The work also includes installing approximately 260 sanitary sewer cleanouts. Combining this work in the reclaimed water project will save the City from paying for restoration costs under two separate contracts. This project is being funded in part by a grant from the Southwest Florida Water Management District (SWFWMD). The Cooperative Funding Agreement between the City and SWFWMD includes reimbursement of 50% of the cost of the design, and the construction of transmission & distribution facilities up to a maximum of $1,200,000.00. This project is also being funded in part by a grant from U.S. Environmental Protection Agency (EPA). The Grant Agreement between the City and EPA includes reimbursement of 55% of the project costs not to exceed $1,306,700.00 Any unused funds from the EPA grant can be used on the Del Oro Reclaimed Water System Project. Sufficient bu City Council 'W"w..~..~.g..~.~"~,!!!,......~"~ver..w..~...~~.~.!!!w~.~..~..!!!. dget and funding are available in Capital Improvement Program projects 0315-96739, Reclaimed Water Distribution System in the amount of $1,686,430.90 of water or sewer revenues, 315-96752, Water Service Lines, in the amount of $194,477.80 of water or sewer revenues and 343-96665, Sanitary Sewer R & R in the amount of $70,642.00 of 99 Water & Sewer Bond proceeds. The final Engineer's estimate of construction on this project was $2,522,600.00. The distribution pipeline construction on this project will primarily be installed by the directional drill technique. This is being done to minimize the impact of construction on the residents in the project area. This project is consistent with the City of Clearwater's Updated Reclaimed Water Master Plan. McKim & Creed, the engineering design consultant for this project and an Engineer-of-Record for the City of Clearwater, has provided written recommendation to award the construction contract to Danella Companies. There is no cost associated with the grant agreement portion of the agenda item. A copy of the contract and the grant agreement is available for review in the Office of Official Records and Legislative Services. Originatinq: Engineering Section Consent Agenda Category: Construction Contracts - Public Works Originating Number of Hard Copies attached: 4 Financial Information: Type: Capital Expenditure Bid Required? Yes Bid Numbers: 02-0103-UT In Current Year Budget? Yes Budget Adjustment: No Current Year Cost: $1,951,550.70 Annual Operating Cost: $0.00 City Council ,~g~,~~,~,~~~~.r~<<~"~!!!~"!:~,~.!!!:!~ For Fiscal Year: 10/01/2004 to 09/30/2005 Total Cost: $1,951,550.70 Not to Exceed: $1,951,550.70 Appropriation Code(s) 0315-96739-562800-533-00 0315-96752-562800-533-00 0343-96665-562800-535-00 Review ADDroval Glen Bahnick Tina Wilson Garry Brumback Michael Ouillen Brvan Ruff Bill Horne GeorQe McKibben Cyndie Goudeau Amount $1,686,430.90 $194,477.80 $70,642.00 Comments Reclaimed Water Distribution System Water Service Lines Sanitary Sewer R & R 09-13-2004 11: 10:30 09-17-2004 08:06:15 09-21-2004 15:00:47 09-13-2004 15:43:18 09-17-2004 10:25:13 09-23-2004 09: 18:49 09-14-2004 07:59:07 09-24-2004 13: 17:26 / fJ{frl} II I I I I I ' , I I I 1 m~ tl 1 I <31 lell~ ..- I ~ ll:i II ~I ~i . N -(k \9 ~I ~I ~Il~d ~I ~ J. ~.~ ~ ~ % w (f) => W 0::: <( 0::: W W 0::: ~ <( <( 3: w 0::: > <( - 0::: W 0 --l U ~ LL W (f) 0 Z >- => (f) ~ ~ U W --l --l > W (f) W ll.. a:: Cl08C1'P'/-f "<t- CX) o 0 w w (f) (f) o 0 ll.. ll.. o 0 o a:: a:: z ll.. lL W Cl W ..J z ~ ~ Z "<t- N "<t- O N W Cl (f) Z ~ F o (f) a:: X ll.. W ClJJ.ltMCI 'P'J/Q I I z I - ~ ; ~ 3 ..~ (I) to '.IiJ .J 10 ~ ..... E ~ ~~~~I~ "O~~~~3: ~~~ ~ 1.!C.~,...:i: ~ ~ ij~~ ~ .., o~h~ ~ """'1 "'oo.....~. /1' (Z City Council Cover Memorandum Tracking Number: 855 Actual Date: 10/07/2004 Subject I Recommendation: Reappoint Doug Williams to the Municipal Code Enforcement Board, in the business person category, with a term expiring on October 31, 2007. Summary: BOARD: Municipal Code Enforcement Board TERM: 3 years APPOINTED BY: City Council FINANCIAL DISCLOSURE: Required RESIDENCY REQUIREMENT: City of Clearwater SPECIAL QUALIFICATIONS: Whenever possible, this Board shall include an architect, engineer, businessperson, general contractor, sub-contractor & a realtor MEMBERS: 7 CHAIRPERSON: Sheila Cole MEETING DATES: 4th Wed., 3 p.m. Nov. and Dec. - TBA APPOINTMENTS NEEDED: 2 DATE APPOINTMENT MADE: THE FOllOWING ADVISORY BOARD MEMBER(S) HAVE TERMS WHICH EXPIRE AND NOW REQUIRE EITHER REAPPOINTMENT FOR A NEW TERM OR REPLACEMENT BY A NEW APPOINTEE. 1. Douglas J. Williams - 2544 Frisco Dr., 33761 - Original Appointment 6/20/02 Interest in Reappointment: Yes 2. Lawrence (Duke) Tieman - 1120 Kingsley St., 33756 - Original Appointment 10/3/1996 Interest in Reappointment: No (End of 2nd Term) THE FOllOWING NAMES ARE BEING SUBMITTED FOR CONSIDERATION TO FIll THE ABOVE VACANCIES: 1. David W. Campbell - 2310 Minneola Rd., 33764 - Retired Computer Systems Analyst; past member C-View Task Force; CERTAF 2. Paul Ellis - 19029 US Highway 19 N., 9-702, 33764 - Interior Design/Catalog layout Design for AAFES 3. Louise C. Riley - 1620 Drew St., 33755 - Retired (Semi) Estate Planner 4. Debra Walser - 240 Windward Passage #1301, 33767 - Realtor Zip codes of current members: 1 at 33756 1 at 33761 2 at 33764 3 at 33767 City Council Cover Memorandum Oriainating: Official Rec and Legislative Svc Section: Consent Agenda Category: Other Number of Hard Copies attached: 0 Public Hearina: No Financial Information: ~ Other Review Approval Cvndie Goudeau 10-05-2004 12: 13:34 CITY OF CLEARWATER Application for Advisory Boards (must be Clearwater resident) RECEIVED SEP 2 7 1996 CITY CLERK DEPT. Name David W. Camobell Home Address: Office Address: 2310 Minneola Road Clearwater. Florida ZIP: 34624 ZIP: Telephone 725-1276 Telephone How Long a resident of the City of Clearwater? since 1990 Occupation Employer Field of Education: Other Work Experience: Comouter Science If retired, former occupation computer systems analvst Community Activities: homeowners association. Coalition of Clearwater Homeowners Assoc- iations Other Interests: / Board Service (curreRt and past) Board Preference: CERTAF. CVIEW Advisorv Task Force MCEB Additional Comments: Slgned:~_ Date: Seotember 27. 1996 Please see attached list for Boards that require Financial Disclosure. PLEASE RETURN THIS FORM TO: City Clerk's Department P.O. Box 4748 Clearwater, FL 34618 Cf .\'1.,1 &> in ( J Cc { . "'v~d ~\ '^.~ ~S+ V:~ n'~ rvf\l. \ . \ ~,d4. 00 q . I 8" - 0 \ ,(...Meed) \ I , ,.' ! 4 " v,,}. ( "'" ( t- D) 'I ( ( I ( ( I , t I I I , ( I BOARD QUESTIONNAIRE 1. What is your understanding of the board's duties and responsibilities? Review the cases brought before the board and determine whether they are in violation of the city's Code of Ordinances and/or Community Development Code. 2. Have you ever observed a board meeting either in person or on C-View, the Oty's TV station? I have watched virtually all of the monthly MCEB meetings for the past several years. 3. What background and/or qualifications do you have that you feel would qualify you to serve on this Board? I have been very active with Clearwater government activities for over ten years including very close coordination with the Community Response Team in their establishment and exercise of policies and procedures for code enforcement. I served as a member of the Code Enforcement Review Task Force (CERTaF), a Commission appointed body, to refine the City's Code of Ordinances. CERTaF was responsible for establishing what IS known today as the Community Response ream (CR f). On numerous occasions I have participated with staff on creation or changing of city codes. 4. Why do you want to serve on this Board? I believe that I can serve the City of Clearwater well as a member of this board because of my knowledge and understanding of the Community Development Code and Code of Ordinances. I have an understandina of the purpose of the Board and believe I can contribute significantly to its function. " Name: David W. Campbell Board Name: MCEB CITY OF CLEARWATER ~ APPLICATION F~R ADVISORY BD'~~OS'" ':", ":, ' :' ' T) (must be Clearwater resident) ,'a.. " ,,,-'" .,....... '0 '\ ~ · JUN 1 2 2002 Name: ~~~ s:\ S 'J-: W, \\, ~ e.\ $' l Home Address: ~ ~ " L{ F"A.. \ Sc 0 1> R. . C LEA.R.W....\eR Zip '!.~'c. t Telephone: '1^' -.., ^ S' - '3" to( f$ How long a resident of Clearwater? \ \ ... YeWtS Occupation: Q..~tt\.t, B,,~lc.e.1f.. Field of Education: ~~\\t. "-C!.C'.......h.\.l - 6s k\~~ hu~ t~ ~ ~~t-Ae ~...-.'-=. ~ 'i u E "DQn.,"""~ . [U F,t.S'-tokC!'t e.~e\)\'T If retired, formeroccupation:V,t.t9~~~ ~\3\~"t~...T.~Y. Q.~ VP.Q~~"\-ltsv"~'p61fs-~~ Community Activities:~"~ Q.,t t "',~" ~~; ~ #t~ u.,.,.~ VP Ct-~4L ~,.lo~ o~ Ate. &...~ ~~-- C\~..~-e1,.~ ~Il~e ~ <:'T\z.t..~ FiDC. ..e11le.4.. c.le........"~~; 'R""~3) 4>U t:lAot. t"'",s.k ~.e Other Interests: ttt-\."Q.5~to.' e'1 ell)~dfJ..e"Tllnl4)~ R.t7r.) Board Service (current and past): Board Preference: t=\4.'= T......~ ~ec ~t)~ 2.AFQc..C!e~e...:r- Office Address: CITY CLERK DEPARTMENT Zip Telephone: Employer: Other Work Experience: ~~~ ~e..~e~ . Additional Comments: \ Signed: ~~, (~.QQ~ _ Date:~ '3. 2C>e>~ << See attached list for boards that require Financial Disclosure at time of appointment. Please return this application & board questionnaire for each board listed to: City Clerk's Department, P. O. Box 4748, Clearwater, FL 33758-4748 or drop off at City Hall, 2nd Floor, 112 S. Osceola Avenue BOARD QUESTIONNAIRE 1. What is your understanding of the board's duties and responsibilities? QU)t.a9ue."t"S. \\~Q\U~ ~eGii. Mg~~ e u F~~~ ... cc=- F'l~e ioc.(!~f>,..TtcrM":l. L\c~~s-e,. b~c'J(~SI ~1o.UA).s S\~ f\,.t> ~Q\~ C! \+i C!~O.S 2. Have you ever observed a board meeting either in person or on C-View, the City's TV station? ic~ 3. What background and/or qualifications do you have that you feel would qualify you to serve on this Board? - ~ 2J 3 'f e6.fl. sot '"l~c.u.c.'S ~ \S t~ tJ\.~.. '-t~ ~..-\rL~'4! 1\' \o4o"'e~uec.. Is:S des 4. Why do you want to serve on this Board? $e.~ . ~ Q,-,,"~c:.. -:D-->'1 ~e.\,.~vc .(2.",,,,, ~A:\r::.~ f\ 9~~\"'\-\.,,-e ecu+e,'~h"", ~ (! '''\1 d> t ~ lecVl.~&ll."t""e~ .. Name~~\'\' ~ W..l\u.\....$ Name:........ ~ ~ JLl- . '_ Board CoD~ ~M~CpM.~ FEB 21 20U3 CITY OF CLEARWATER - APPLICATION FOR ADVISORY BOARDS (must be Clearwater resident) ! , ' . ;''J Name:'. ~4 U L EL-L~ .-, -) Home Address: Fl02 Cf uS fiG,! /9 IV 9 - ~/L F /, .n c:::-/ ./ ~ I'/~' / l,tEARUIflTEr<.. I ~ ZIP ,,'.>) f( ''-I Telephone: 72./7 5 .)~. '-f '5 fS ':, How long a resident of Clearwater? -3. Y RS Occupation: Field of Education: Office Address: Zip Telephone: 2. iYl c.t; . Employer: Other Work Experience: C, F {; 1~/JAF/3 '3 :li- /! I} 1'/1 / A/ /J 1/;//11'(/ e::- 5 E I< (j t ., E S;" If retired, former occupation: y:; '7tlf,O/?" j)/.f.S'/b-AJ _~l.JiOlRuli'Grz FOR- /1 A (- E \" .. Community Activities: DESIGN O:!H4.(\;\,\rt\::"-~ t seA-- tVA-LL, C6'>i1-tCV1/ITEE " C ~~..\ ~ r c"9U - U - A I<- )r C~;" T>GfJ.1oCIJ T I PRE-~t"'J;;'AJr 'Two 'fEAP..c; Al"~C AfT O::dt/l.~X' /'LJJJJ/:!/:l;6/'I'i?' ather Inte1'ests: .::), L-J7V"~.'r"r Board Preference: t /;y C e/JFOPCIi/J12l/r :g{,:;,4f~D b ell ur I F( ef.} 71 & N' C';;';'/..o\ WI " iT ---I2F A _Dt::s lG-tJ f1,lflJ6 n.. i 10 ~ Iv'feR./o R PLA,IV AJ i /1/6- ~ PI<\c..~ Board Service (current and past): - Additional Comments: A4F Er ':. AR/n ~l 111/ Gty(oPC; "'."/'..- -7 ~ <7 /~ . Signed: L/ ,~"1/;.~ /,X>{...c..., l ESf6--tJ A//?FdRc~ E,r C/-/.4 /fJG/;-' S E;e b"/c!.6- Date: i) / c:j () 'J-- See attached list for boards that require Financial Disclosure at time of appointment. Please return this application & board questionnaire for each board listed to: City Clerk's Department, P. O. Box 4748, Clearwater, FL 33758-4748 or drop off at City Hall, 2nd Floor, 112 S. Osceola Avenue BOARD QUESTIONNAIRE 1. What is your understanding of the board's duties and responsibilities? .'R,Q/Zb '2 11&/( , .Y 111 ,tU ,; f.' " . hears /1..L--~ U;Jf . o.~. l.l/('.t:, J-8#.f ,. I/) r:/r'l I 71' f / C' (Jt!r-( I' e~ fr:-c/ ,'A; OCt: up/'{ .f./ ~el I /.. ('e VJ r p ~. I/rc,/ 0[/,"/,1/.111 ~7(1Y);'n j r--!(:,. and J'c.1/v"C'; I.) "'~ ~ /-r: hA ( ... C Vi fo I'c.e' ~ /. /1-0/ Co tie.[ . /~ L I # /10/5 br:rh/~/I~ O//e~// r.-:/)} t1t'I/~/~P';/(lff'n7- d)?~1 t'>h~~/#C:('" "9-erf-;/;i e. r-- / c./ p,;hl'./ 'C'c 7-.> ' / 2. Have'You ever observed a board meeting either in person or on C-View, the City's TV station? 'f.[' 3. What background and/or qualifications do you have that you feel would qualify you to serve on this Board? J hc{ve C4/!?/J rl/'14/!'izT V Je I'V t'td 0' j/J &t-Uf?/e/C"J 6 t9a/'ds wlf~ I 4. Why do you want to serve on this Board? J ~r/ (JI"I d // /.{~ f(/ (' 17 n ll'l .~t//c' 16 -Iht ;' yJ [,It!) / ve c:.l [.I've ' ..J~t9- tn ~ ~.f' / { 11r~ )-1-,/ 1/ nl e ..j D be. toh ;.c 11 .'-- eOI'M IU u VI I . fu' ...L W II-A /k{ olea..... /pt t Name: ~/J-f....,.- Ell is. I Board Name: E 11/~rcc- /1;~111 /.0:a /'t.-i.- :?- ?3 Cc.. v' I/./~ c a ~. (:;1>1 {~ n/l1Yl / ~* e ..... ",t Name: JUN 0 4 2003 CITY OF CLEARWATER - APPLICATION FOR ADVISORY BOARDS (must be Clearwater resident) ~OUl Se C. ~ I L.a-Y Home Address: t ~ ~() lJ Re=-(.tJ :s J . CJ...~f.lfl..wIJ.,rr~1L Zip '337S-~- Telephone: 7).. 7 - .f '" - go 711- How long a resident of Clearwater? ~s; re Occupation: _ R r:TJ (l. G j) [ 51::-11,) Field of Education: J. t t to '--t....Iff"" b ~ Office Address: Zip Telephone: Employer: S E"L ~ Other Work Experience: If retired, former occupation: ~STArfS" f>j.,~^,AlcTR Community Activities: '5~'" ~v/Li)tre..,. fe.v' (?dtJAt1 W'LStJltJ f'J.A-'I ~dS~ Other Interests: Board Service (current and past): 7 '/ L Y f<... ~dDa. AD A1 . C~/JtJ.6 . I Board Preference: C()f}g Additional Comments: S\gned: ;{i~- 1'. e~ See attached list for boards that require Financial Disclosure at time of appointment. Please return this application & board questionnaire for each board listed to: City Clerk's Department, P. O. Box 4748, Clearwater, FL 33758-4748 or drop off at City Hall, 2nd Floor, 112 S. Osceola Avenue Date: to"" BOARD QUESTIONNAIRE 1. What is your understanding of the board's duties and responsibilities? Pf2er\/lou'S t!'o< PiF(C./t=J1/C& 7 12- 7Jf ~tSrltf"'l? A5 PRe-Sf p;A/:t- 2. Haye you ever observed a board meeting either in person or on C-View, the City's TV station? YIF5 3. What background and/or qualifications do you have that you feel would qualify you to serve on this Board? J:f / A s t1 ~(J \/ " 4. Why do you want to serve on this Board? WIAtT TO SrR.t/1r rr-}f~ ~IIY ~ Name: Board Name: fVJ U AJ J () ~ f' 4'- ~ dP I'r e Ai ,:- 0 R (} G" IfJ SAJg- . .. .tl~Il~"~sI..3':. - , '..IliU.IltI.J_II.i"I~U.JYIftL '1ii_'X_...tI'S_m~d" .' ~~~__''''.~~JI ______________ '0- 3-03;14:30 ;CITY CLERK DEPT. ;727,5132 40913 1# 2/ 5 RECEIVED OCT 17 2003 CITY OF CLEARWATER. APPLICATION FOR ADVISORY BOA8~1AL RECORDS AND (must be Clearwater resident) lEGISLATIVE SRVCS DEPT j)c6,lA ItJItLS fJ(.. Name: Home Address: d1l/o Lilll.!1> tJtt~A &SAI-L 41/3 lJ / {! { f.,4~d A rr~ FL-- . Zip ~ 3 7~ 7 Telephone: 7).7- V'/.?- 7r-?'f How long a resideot of Clearwater? .:2 R Occupation: (f-AL17' It. Field of Education: 6. j 11#, 1/ (J r- ;}1,A-6/h?vt Office Address: tJJ11-1} ~)J~) AI#~j) jJ~ SSA~ CLf/1IMJ~14l- FL liD 337'" Telephone: 7;). 7 - t/ J , - 0 1)./ '1fA/l5 Employer: ~c.,l/TU II.. 'I ,;t I / ~LIr6-/N 5 , . Other Work Experience: -.JUj(tVC~.> 6lw#u- IN CL4JJ'1l- 17 -U4L 77J 1f- I YJ.. if /L &Tt.,(/tf{ I Yf,f~~ If retired, former occupation: Community Activities: Other Interests: Board Service (current and past): /t!/~!.. Board Preference: Aju'JJ'lI/1~ fODl_ t!"~F()Lc(~.!pr Additional Comments: Signed: dL -d Date: /0,-/3 - 0.3 See attached list for boards that require Financial Disclosure at time of appointment. Please return this application & board questionnaire for each board listed to: City Clerk's Department, P. O. Box 4748, Clearwater, FL 33758-4748 or drop off at City Hall, 2nd Floor, 112 S. Osceola Avenue . . ,r "C!IIIl~~"~..3:' .'nliII.ma".~m~[" ':'~~.~..1~ .~..~_.t"'.I'I=-9t1~... 10- 3-03; 14:30 ;CITY CLERK DEPT. ;727 562 4086 # 3,1 5 BOARD QUESTIONNAIRE 1. What is your understanding of the board's duties and responsibilities? "/;. JtEVJFIAl UUt).; E.;etJJ7,vtr ('IJ)LS ,ccJ/l-- OCCU~~T1(J/l.II''fL Llc.[A/Jf~/ FtL-f...) J>U/Lf)/lf/c.) ~ at SIf-IVAC-f- I .,J 2(}~/AJlr- + ))En.tpt./AlL. nJCllL- lilli-leA rl0N 'TO jlL4,t?t.f.. ..5 L~~IAI{,.- v#ttl#A/~ 'L-S l.J tJr.~ L5 ii' '- i)1.~ r;. ~(JK-UAl&- ~ F;'P>77/lJ~ IM-mL lJlL Lt{sIAJf..~c:, o~ ~t... t1- N€W tStlJIAl'i-Sj at... kfG . 2..Have you ev~r obse~ved a board meeting either in person or on C.View, the City's TV station? ~tJ c - Vltt.-J 3. What background and/or qualifications do you have that you feel would qualify you to serve on this Board? . j)UJAlJ Ii -t't...P I ) A- FaLACL !ttSo/C,S> n tlAlu I tiNe. FnJLat.->>Tl.'f ~<;:A-Lr w Ilrl " <! 1'f'1I fvlJL LfSl7!tl.17'NJ of--. EAlFvli~fA/T ..J Mj){L.rl>1A/iJ 1!k-tl(.. /dI/#Cr; ~rJ '{II<. t!ur;,N(SS ftJYJlnluAhTf' .4- ~ /L.tf-l.-77J,c / ~'Ja. CrJbE- lYne'c/7~A()1 T I .J ~AFrJl.L~r.A7S 1m/JeT/pc- If.j(~EA/7s tIS J,JULJ ~.,t/fldAJ(n/(,- 7l!~/lL fltJ Jj (, I T'1 (J F L. t rC-. 4. Why do you want to serve on this Board? /ls ('-f4--.udIl-~ tON77;vk.$..~, -jO ?LnJ A-r A-AI UJ,/L',l.fl.r.AJ&//"l..IJ /,Ia~ Ld):)s. 6NPoILC.C-J"IUv'T ~/Lt- Ifc.C"'1J~ Kl.'I ,}"O #1/"/;) M/p/Ut- /I , ~L " f: ~ t(),,-1F6,(TJ'i~LL t.-lnSr'tLE Fo/t- "-(..5 IDE/tIJ::f -I- t'lCJ"IA/6- nle e~T1' tfl-1JJ~AcTi {IE- ...J. S AI=€. ~j Name: JJf,1tfJL ;j11t~(/C Board Name: A/IIII tl/ IJL,. !:,o[ 2A1fotUt;n l-#/ ~ ..~' :;.' :.;! I\",?:> City Council Cover Memorandum Tracking Number: 856 Actual Date: 10/07/2004 Subject / Recommendation: Appoint Helen Kerwin to the Beautification Committee with the term expiring on October 31, 2008. Summarv: BOARD: Beautification Committee TERM: 4 years APPOINTED BY: City Council FINANCIAL DISCLOSURE: Not Required STAFF LIAISON: Parks & Recreation Dept. RESIDENCY REQUIREMENT: City of Clearwater SPECIAL QUALIFICATIONS: None MEMBERS: 7 CHAIRPERSON: Saundra L. Curry MEETING DATES: 1st Wed., 8 am PLACE: Municipal Services Building APPOINTMENTS NEEDED: 1 THE FOLLOWING ADVISORY BOARD MEMBER(S) HAVE TERMS WHICH EXPIRE AND NOW REQUIRE EITHER REAPPOINTMENT FOR A NEW TERM OR REPLACEMENT BY A NEW APPOINTEE. 1. Sheila Sullivan - 3043 Marlo Blvd., 33759 - Original Appointment 11/6/2003 Interest in Reappointment: NO (Resigned/Moved, not living within Clearwater city limits) THE FOLLOWING NAMES ARE BEING SUBMITTED FOR CONSIDERATION TO FILL THE ABOVE VACANCIES: 1. Paul Ellis - 19029 US Highway 19 N, 9-702, 33764 - Interior Design 2. Helen D. Kerwin - 2465 Northside Dr., #103, 33761 - Retired Business Owner 3. Elizabeth Lancara - 2030 Cleveland Street, 33765 - Secretary/Administrative Asst. Zip codes of current members on board: 3 at 33755 1 at 33756 1 at 33759 1 at 33761 1 at 33764 Originatina: Official Rec and Legislative Svc Section: Consent Agenda Cateaorv: Other Number of Hard Copies attached: 0 Public Hearing: No City Council Cover Memorandum Financial Information: ~ Other Review ApDroval Cvndie Goudeau 10-05-2004 12:21:27 FEB 21 2(m~ CITY OF CLEARWATER - APPLICATION FOR ADVISORY BOARDS (must be Clearwater resident) i'. ' . ;':J Name: '. ~q. U L ELL~ ,-, .) Employer: Other Work Experience: C, i. f). ." F6/(. /JAFES* r!? I} 1/1 / tv. /J IX/i?" 1/ e- 5 131< () t ,> E s''' Ifretired, former occupation: y:; 7cK,tJ/\ j)G..SiW _>(J;,OlRUli'G~ 1=OR- /1 A (- E \'> .~ Community Activities: DES(GN ~.tt~ \ 'rr\:::"t= I SE;rr U.JA-L~ COi'H~'V7 IIT[6 , , \C ~E-~\ ~ r clU - U - R- )( ("19;" T>6-fI1oC 0 T I &h~Pi~ie'tef~ r "TWO 'fE"A P..<; .A~C Af r aHYl ~K CAd-("ftff/C~~ Home Address: /Q029 iJs, ffG'I /9 IV 9 - 7(F2- f~ /, .n Z:=-/? Al /7/. , / (.. tEAR fA, 'II rEr<- I L- ZiD ..') ~ / W '-t" Telephone: 7 2-'7 ~=) ;) L: L-/- 5 rs .~ How long a resident of Clearwater? ,.3 'r' R~ Occupation: Field of Education: Office Address: ZiD Telephone: 2 iYl C.r; , -1JFA ~S lG-~ s; PI~C.t- i /Ij ~ IvTER 10 R PLlVvAJiN~ ESr6-;J h-Iq Jo n.. Board Service (current and past): - Board Preference: t //f C E ~ Fc.1 PCti/J;! tFl./ r g [,9.41:' D bcAurlFte/17/CiN C~}/'V\ WI" ,rS6 Additional Comments: A4F E)" 0:;. AR/?"f ~. IN' ~t'!foPG ..,.,/ ,~ . . . ~// Signed: C/ 'L"Y.~ /-:x./{.,-C.~ . ~/'R~d/fJC~ c=r C//.4/(/G~-' S E;,e /""/c:.6" Date: ') i., / (!;if (.1 'J-- See attached list for boards that require Financial Disclosure at time of appointment. Please return this application & board questionnaire for each board listed to: City Clerk's Department, P. O. Box 4748, Clearwater, FL 33758-4748 or drop off at City Hall, 2nd Floor, 112 S. Osceola Avenue BOARD QUESTIONNAIRE 1. What is your understanding of the board's duties and responsibilities? R .' ,<I/o? l> hea rr /' t'~ It" c/ /1~~ J>' </, I !?-J' (I,("~ I-~P.f . {'/rj C (jar's. I 1/1 , ,"/ P:I DLI_UO/?_";'/~e"/ /'""'".:>n {p(' I , p~ t> /('_. (/11 d Jc" / v e J .[/~r:. , !hh'/d,.'l1fi ~7t7y"Un'~ r... j j Or:) ~ I~' P1A C ... r: VI fol'C-CS" /. r/tj I L /' tit II . " " ,. /." . :Y~(f/ltf ~ /10/5 Pcavhl'l OJ/el?t-l/ f--/>} t1t'1//':/1,P;//(~J-7'/ b')7~1 t">h~p"/'#~(" I... '''ger-l-/;l e r-....' c-;/ p /"t'./ 'C"C T.> ' / 2. Have"You ever observed a board meeting either in person or on C-View, the City's TV station? Co t/eJ . je.f. 3. What background and/or qualifications do you have that you feel would qualify you to serve on this Board? :T hCfl/e C"/O/2 r/~ne"#ir tt Jel-veA O'j/) &"W t7kYe~ , 6~;ds WII,{ 4. Why do you want to serve on this Board? J ~t/ (J/"/ ~ j,. IfL' Iff /' 17 n '/1'1 "bt,//e 1/1'1-1 e 16 -Iht ;' I-J [/(f) / ve d 1- !/t/e, --J~t9- tn ~ O?..J ' / (/I(!€ #; ,.j c be t{)h f'e 11 Co pJ-7 IU UVlI 'fi/ I w/I-h 1);/ c;tea.- I" PI. Name: ~ 0- [,.- ELL i 5' I Board Name: E 11/~rcc- ,p};~I11 /~4: I'?'-- ?-- ~Z3 Cc.. (,I' I/./~ c a ~. (:>1>1 {~ ;;V? 11'1 / ~ije e CITY OF CLEARWATER - APPLICATION FOR ADVISORY BOA~~~EIVED (must be Clearwater resident) JUL 3 0 2004 Name: H e.-.I e V1 --:Lt< e II"" vJ ; Yl OI=I=I("'tl1ll(iCORDS AND Home Address: Office Address: LEGISLATIVE SRVCS DEPT .;lLJ. t.o S NH+ h s " tit ]) RJ 1J I b..3 AI / A ( ~ t<A ywct+eH P:- L liD 33) (p I ZiD Telephone: 7 d-. 7 - 7 g 7 - 0 B , / Telephone: How long a resident ~f Clearwate~ 2> 7 ~c..~. Occupation: ~d ~~ ~ Employer: Field of Education:. other Work Experience: ~4~~rJ .Jc~~, ~ ~ If retired, former occupation: ~, ~ Jj 71&. J fA.-1 SNp -- (1!t/~ f.t. Iq7J-~g 1 Community Activities: Po..a.r ~H'\- - fA-h fh1kC~ 'tJ~, "(41 ~ UdJMdi~-fh~ p~'u~. -~ ~t~ CERr0Htvtn.'itw.j~~~1u~ Other Interests: Board Service (current and past): G lL <Uf ~ ffJ.07Al I 11cr - a.o t> I Board Preference: 0~~~~ o ~.M-v ~, Additional Comments: Signed:, ~~. ~ Date: ~ ~71 JIH1- See attached list for boards that require financial disclosure at time of appointnlent. Please return this application and board questionnaire to the Official Records & Legislative Services Department, P. O. Box 4748, Clearwater, FL 33758-4748, or drop off your application at City Hall, 2nd Floor, 112 S. Osceola Avenue. BOARD QUESTIONNAIRE 1. What is your understanding of the board's duties and responsibilities? ;;:~:;ju~t~~~ ~~(~~M~~~ ~.~ c,d-~)~ 2. Have you ever observed a board meeting either in person or on C-View, the City's TV station? ~_ .Q~~;.r~ ~ 7V-? 3. What background and/or qualifications do you have that you feel would qualify you to serve on this Board? ~~ 0- F'-'-';cI;"~, ~17h ,,~ ~/~.~~r37~. J. 1-1€- ~~~~#a~4~H ~dt ~ A4 CAf'rv~ ~ 1:iv ~~41U- ~ .. ~ if O<M Mf' ~ ~,I.- ~fvtkJ. (Jrt;rt, &,y. 4. Why do you want to serve on this Board? J ~ ~ 0& Wf..~ J u...v M ~;: ~1q~ W~ ~_;t; i:ku, I Name: j,td.uJ ~, ~ Board Name: ~~ ~ .'r,.. ... ~ .. ! CITY OF CLEARWATER - APPLICATION FOR ADVJSORvtBP~RDS," ._~ L) . (must be Clearwater resident) FE8 1 8 2003 Name: Elizabeth A. Lancara Home Address: 2030 Cleveland St. Office Address: , CITY' Cl P"( re.-":. ::~,;-;\r.Hn' .' l..l..' ~.' . ,.,~ \.. 1.-.. ~ Clearwater, FL ZiD 33765 ZiD Telephone: 727-447-6209 How long a resident of Clearwater? Eleven years Occupation: Secretary/Administrative Asst. Field of Education: Have 32 college credits. Telephone: Employ-er: Curren9x unemplo~ '\lY\~iZ-HJcr 71lt( 03 - l\ \ i~c.3 Other Work Experience: Data Entry Clerk for Title Co., AF Recruit. Office Administrator. Customer Service Rep. If retired, former occupation: Community Activities: Skycrest Neij;!hborhood Assn.. Clearwater Garden Club. 'volunteer for Clearwater concerts and Officer Friendly Bike Safety Jambore~ Other Interests: Photol!:Taphv. crochetin~r hikE! 'riding p~U-~l~ \I \ ohli' , ~ '9lO-~'\b Board Service (current and past): Board Preference: None Beautification Committee Pa~ks and Recreation Date: .:?2 -/!-o-3 . . See attached list for boards that require Financial Disclosure at time of appointment. Please return this application & board questionnaire for each board listed to: City Clerk's Department, P. O. Box 4748, Clearwater, FL 33758-4748 or drop off at City Hall, 2nd Floor, 112 S. Osceola Avenue APClTl6JoJAI-. Corl'\JV\E"JVl.5, PA\N' 'louR- t\EU'\~ cur aooL.\.) f\.)E.lG\-t.Bo~o~DS C'c~\=C.-ee.~c.€ ao03 A~() a.col{' Cl<4-lLl ~'C1V\ ~A NG~ W'l.o6(>l-~H AN 0 ;:fflZZ- r::-e:6T "'OL..J'~~e~ 'J)o1.l.)}.lT~ k) :D~'6 rJ (]:j ("'("\ M I j11;JE. VOL-u N\e:-e::-~ ttA \L..:S OA" vOLJ..) J.J~ '. _~t, .. -. BOARD QUESTIONNAIRE. .. , 1. What is your understanding of the board's duties and responsibilities? Members advise the commission on anyl~hanges or improves necessary to keep recreation centers and parks attractive to citizens' use. There is room for improving these facilities based on needs of residents. 2. Have you ever observed a board meeting either in person or on C-View, the City's TV station? I've watchedlhe Development Board meeting on C-View. 3. What background and/or qualifications do you have that you feel would qualify you to serve on this Board? I have been a resident of theSkycrest division of Clearwater for eleven years and have some knowledge of native plants that may help in improving landscaping. 4. Why do you want to serve on this Board? I would love to take part in improvin2 Clearwater and feel that the Parks and Recreation CenteTsof Clearwater are a great part of enjoying life here. Name: Elizabeth A. Lanca1';'a. B d N Parks and Recreation Board oar ame: . .. .".. II.lL{ City Council Cover Memorandum Trackina Number: 857 Actual Date: 10/07/2004 Subiect / Recommendation: Appoint Josephine Carbone to the Neighborhood and Affordable Housing Advisory Board(NAHAB) in the East Clearwater resident category to complete a term to April 30, 2005. Summary: BOARD: Neighborhood and Affordable Housing Advisory Board (NAHAB) TERM: 4 years APPOINTED BY: City Council FINANCIAL DISCLOSURE: Not Required RESIDENCY REQUIREMENT: City of Clearwater MEMBERS: 7 CHAIRPERSON: Laurel Braswell MEETING DATE: As Called PLACE: Determined when called APPTS. NEEDED: 1 STAFF LIAISON: CHUD-Howie Carroll DATE APPTS TO BE MADE: ASAP SPECIAL QUALIFICATIONS: Board to have 1 member in each: Residential Bldg Industry and/or those areas of labor engaged in residential bldg industry; banking/mortgage industry; advocate for low income housing; provider for low income housing and/or real estate industry; resident from one of the City's Neighborhood Revitalization Strategy areas; City resident; and resident East Clwr area. THE FOLLOWING ADVISORY BOARD MEMBER(S) HAVE TERMS WHICH EXPIRE AND NOW REQUIRE EITHER REAPPOINTMENT FOR A NEW TERM OR REPLACEMENT BY A NEW APPOINTEE. 1. Joyce Smith - 1944 Harding St., 33765 - Original Appointment 6/18/1998 Resident East Clwr Interest in Reappointment: NO (Resigned) (person appointed will start immediately to complete term to 4/30/2005) THE FOLLOWING NAMES ARE BEING SUBMITTED FOR CONSIDERATION TO FILL THE ABOVE VACANCIES: Resident East Clwr 1. Douglas J. Booher - 2717 Seville Blvd., #13-106, 33764 - Realtor 2. Josephine Carbone - 2678 Country Club Dr., 33761 - Retired Zip codes of current members: 2 at 33755 1 at 33759 1 at 33764 2 at 33765 1 at 33767 Originatina: Official Rec and Legislative Svc City Council Cover Memorandum Section: Consent Agenda Categorv: Other Number of Hard Copies attached: 0 Public Hearina: No Financial Information: ~ Other Review Aporoval Cvndie Goudeau 10-05-2004 12:24:21 CITY OF CLEARWATER - APPLICATION FOR ADVISORY BOARDS (must be Clearwater resident) Name: Dou<.;{ AS ~ '300 H';:'R.. Office Address: I'll IV , ~EL c Ifr::,e ;(D L-A I<G 0 ?L Zio r:?771 Telephone: 7ri-? - 533- 00,3"; }JEAR-S - L/ VW IN AIV6l.LAS /:DL ~);t6"" EmPloyer: ELA' A'u ([1:0 # . ~~t!-;t"7?'i5" Other Work Experience: A~A-L~/f Jl~tl/l()~5 7Z> "?CAL E:sm7E:.? ho.eICE:D /,1.1 Tlfe IT h€"L D 4~ ILAJlJov<; rohv/<J~ Soo ~/I7~AA//~5 Home Address: ~711 SEvl LL?" 6tvD -=Ii 13- /~~ CLEA I(w A n=.(( rL Zio 3~ 7L. Y Telephone: 7;;}7 - fofi1- XI 9/r '3 How long a resident of Clearwater? '.' Occupation:. If'E,4 L Tn R... Field of Education: ,4$>.-,r..q.n:S 7J;;Gh:T;:- :S~~M<; If retired, former occupation: Community Activities: /NIIOU/€l:> IN IIA~/O/J5 ~v,tVj) /(A/S"~ Acr'I/IT/~5 r()~ I!l.j)A, AlL-CIII'-"bdE;VS )IosAn4~, 11 THe LEf.lkp""'~A tI LYPf/IIontA SCcIi::,;'- Otherlnterests:J:' e~Jo}' P,st+lf'>I6 t MOST" Spofl."'iS Board Service (current and past): tA~1 l~iDG.f'JT- 5E/l7DI'1A C(,..vA Additional Comments: Board Preference: NA~Af3 Sign~ Date:/- g- o~ See attached list for boards that require Financial Disclosure at time of appointment. Please return this application & board questionnaire for each board listed to: City Clerk's Department, P. O. Box 4748, Clearwater, FL 33758-4748 or drop off at City Hall, 2nd Floor, 112 S. Osceola Avenue RECEIVED JUL 12 2004 OFFICIAL RECORDS AND LEGISLATIYE SRYCS Df.PT BOARD QUESTIONNAIRE . 1. What is your understanding of the board's duties and responsibilities? ;(e,VI/;:W ~ i2vAL vAT#!: c::: IT~ ;;~o ~RA-""'S 14""04~1"\ AT UlJJ 70 /J1t>I:>t:::J(..4n:: INCOMe .If~Si2>E;VT.s~ MA~'''''I,(" FE1:>e~AL ~. Sn4.TI:. t-Iov$,I1V 6 ~.(.4NTS Ie 13Ff\JE P,T- ,Ht:5E. /1V""J)lc.l1ooAt..S. /"IAtC.e:. ~eCOMI'1FI'..j~TI~S ~ CI'"r~ MANAG€.fl t: CITp COvf'o)clL Rf~MDIN6 !1oOSJluG l! CC:lt"'\t"1UN'I~ DC" v E'\...O f (II'\. f:~" t.c 6 (l. A/vt ~ _ 2. Have you ever observed a board meeting either in person or on C-View, the City'~ TV station? .' - . n'S, ::I' !+74-vc A-"7TE. NDFv S' OM ~ C / r Y (" "''' .")c' ( l yf.t I:::-'TT, rJ 6. 5' I IV ~E.esG)JU. J" tllJl/~ ALS 0 wATe flrE7) 56/"'1e wo,.t!K S~....o,'VS o/V IV, . 3. What background and/or qualifications do you have that you feel would qualify you to serve on this Board? :::I" FeEt- MY E'iPe~I€fV~E;. If'o,j REAL E'S77t~ Atv'b IJSE, . (j-F l~f)G/lA""'S LI K'E TH€ 7:7IM/A p/lY C~ WI L (.. tie //A-t..uAh'L€. T #"5'0 vfJDDtS774J/D -rIfE C.1/-,ql..LEAJG€.5 ~,c /J/':-hJftL)I1t5LC flc.?v5lNb /IV 1"1 IfEAL €Sntl7C fr/J9~I!'ET 5t.k:" It A-5 c>v~~. 4. Why do you want to serve on this Board? 'I' FCEL THI~ Atv A~cA 6,e::- MY C~/l-'T/"1/.,1/oJI")' W~€ r c AN Co~TIi,8vTE .~--/J1-AJ::e .,4 J;1~FF€~~,v.cE. Name~C:>lJG LAS ~ t300 t+r=R- Board Name: N A H A (5 RECEIVED JUL 19 2004 CITY OF CLEARWATER - APPLICATION FOR ADVJSO~nOARDS (must be Clearwater resident) ~. ,_fClAl RECORDS AND ,'i 3 . lE\,:1fSLATlVE SRVCS DEPT Name:;.....io s </J j I ;? t: {]~ I u)o? -e-. ~ Home Address: ~/n 7>t.iL (~b '2J., CJd~' pJ.-- Zip.3 "571./ Telephone: 7d. 7 -- 7 5 t -l/( II How long a resident of Clearwater? Occupation. ." Employer: Field of Ed,ucation: f,. ' - <- ) (I Other W. ork Experi~r'.ce; . '.. ..k;~ ~ rI s. . /Z...-t.. '-fi--c '~~~ ~(~7' c--~0J, ~~../t.-4.I~L.:-. 17 . /' (). ~.; 71 ,~ ....:::;.e.-r:-~/' <!-- ~ ~J . ~ -, _ _ '_' .., If retired, former occupation: t/ ' W:{l t",-). , '~"C;-- '.' ...:::h,j;.ot..,;4s/l Community Activities: I 0 G'~ 0 \ Office Address: Zip Telephone: I' .,/ L:AZ'- ........ ~ &L.eh-.-' Board Preference: () S;gnl.o:.. . /(/ . / Date: 7 ) "l [ '" ..' . . I I See a(~elli'st for bO~;~S that require Financial Disclosure at time of appointment. Please return this application & board questionnaire for each board listed to: City Clerk's Department, P. O. Box 4748, Clearwater, FL 33758-4748 or drop off at City Hall, 2nd Floor, 112 S. Osceola Avenue BOARD QUESTIONNAIRE 1. What is your understanding of the board's duties and responsibilities? 2. Have you ever observed a board meeting either in person or on C-View, the City's TV s.tation? ~.J ..,' 3. What background and/or qualifications do you have that you feel would qualify you to serve on this Board? 'cr~__, ..-:-. //' Why do you want to serve on this Board? J.-/:----./ d ~,~.zL-- ,~~~ a~' ,," /'./' ' /(~ j L-:r ~' .~ .,' ~7 ". I ... - . ... . -..' e.~ /. _ ,~ b~-~<.-L-Y:; ;I . z:. ';;/ie. . , d '/-C .' </ - / // '71 --~ ~~- /' ../ N.m.:~~~' . . ./ ' Board"e:~'""\-~.~L'-<- /~ ?~e;~:"" .~-L ~ ..~. . ,. I v._ .., Purchasing Memorandum City Council 10/07/2004 Agenda Number: 2500 1 A2enda Item No: 11.1 Type: Purchase contract Quantity: Requesting Dept: Public Utilities Using Dept: Public Utilities Bid Number or Code Exception: VendorInfo: Description: Comments: Amount: $ 250,000.00 City of CleaIwater Bid 25-04 Brenntag Mid-South Inc, Tampa, Florida pUR .i - 4 I II '/5"-11'/6 Sulfer dioxide in I-ton cylinders during the contract period: October 8, 2004 through October 31, 2007. Utilized in all Water Pollution Control facilities. Low bid. Appropriation Code(s): 0421-01351-551000-535-00 Comments: None 2 Agenda Item No: 11.2 Type: Purchase contract Quantity: Requesting Dept: Public Utilities Using Dept: Public Utilities Bid Number or Code Exception: VendorInfo: Description: Comments: Amount: $ 250,000.00 City of Clearwater Bid 25-04 Allied Universal Corp. Miami, Florida Chlorine in I-ton cylinders during the contract period: October 8, 2004 through October 31, 2007. Utilized in all Water Pollution Control facilities. Low bid. Appropriation Code(s): 0421-01351-551000-535-00 Comments: None Purchasing Memorandum City Council 10/07/2004 Agenda Number: 2500 3 Agenda Item No: 11.3 Type: Purchase contract Quantity: Requesting Dept: Public Utilities Using Dept: Public Utilities Bid Number or Code Exception: VendorInfo: Description: Comments: Amount: $ 610,000.00 City of Clearwater Bid 25-04 General Chemical Parsippany, New Jersey Aluminum sulfate, iron free, liquid during the contract period: October 8, 2004 through October 31,2007. Utilized in all Water Pollution Control facilities. Low bid. Appropriation Code(s): 0421-01351-551000-535-00 Comments: None 4 A2enda Item No: 11.4 Type: Service contract Quantity: Requesting Dept: Finance Using Dept: Finance Bid Number or Code Exception: Vendorlnfo: Description: Comments: Amount: $ 500,000.00 2.564 (l)(e) - Impractical to bid Gallagher Bassett Services Inc. Itasca, lllinois Third party fees for old Workers' Compensation claims during the period: October 1, 2004 through September 30, 2005. Claimants and medical providers are paid by the City's claim administrator, then reimbursement is made by the City. This award will be utilized for the reimbursement. The administrator earned an administration fee of $6,975 during the past fiscal year providing the service. Appropriation Code(s): 0590-07000-545800-519-00 Comments: None PR Z- I? '\ City Council Cover Memorandum Trackina Number: 858 Actual Date: 10/07/2004 Subject / Recommendation: Approve Parks and Recreation Board recommendation naming City property located at 3035 Gulf to Bay Blvd., "Bayview Park", Summary: In partnership with Pinellas County the City entered into a Grant Award Agreement in November 2002 with Florida Communities Trust (FCT), a State of Florida agency, for the purchase of 4.2 acres of land located at 3035 Gulf to Bay Boulevard. Since the purchase of the property the City has methodically accomplished the various tasks set forth in the Management Plan and, if included in the FY 2004/05 CIP budget, will begin construction during 2005. The City Council just recently approved a Recreational Easement Agreement between the City of Clearwater and Pinellas County on August 19, 2004 in accordance to the management plan. At the April 17, 2003 City Council meeting, Council directed the Parks and Recreation Board to hold public hearings for the purpose of naming this parcel. While several unofficial names for the park have been used in the past as part of the grant application and for location recognition an official name for the park has never been determined. Therefore, in accordance with Commission Resolution No. 94-12 the Parks and Recreation Board conducted and advertised a public hearing to consider recommendations for park names, a public meeting was held on June 28, 2004 and August 23, 2004. The Board received a total of 3 names for consideration. The Board ranked the 3 names in the following order. 1. Bayview Park 2. Myron A. Smith Park 3. Historical Bayview Environmental Park Based upon the information gathered at this hearing, and on the criteria contained in the Resolution, the Parks and Recreation Board approved a motion to recommend to the City Council that the park be named "Bayview Park". Originating: Parks and Recreation Section Other items on City Manager Reports Category: Other Number of Hard Copies attached: 0 Public Hearing: No Financial Information: ~ Other City Council '""U,u~g~,~~~~Q~~~~~~Q~~"~~~,~~"~,@"".. Bid Required? No Bid Exceptions: Other Other Contract? nja Current Year Cost: $0.00 Annual Ooeratinq Cost: $0.00 Appropriation Code(s) nja Amount $0.00 Comments Review Approval Kevin Dunbar 09-10-2004 11:38:32 Bill Horne 09-23-2004 09:22:24 Cvndie Goudeau 09-23-2004 09:29:40 Garry Brumback 09-20-2004 17: 16:24 Ul I" ~e,: RESOLUTION NO. 97-43 A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA, AMENDING RESOLUTION 94-12,' THE POLICY AND PROCEDURE FOR NAMING NEW .CITYPARKS;rO PERMIT RENAMING EXISTING PARKS ..... UNDER CERTAIN CIRCUMSTANCES; PROVIDING AN EFFECTIVE DATE to revise the poli~y ~.';}.::/:, ....:.,:',..:' . ;;.......', ,.:. - . ',~',; . -, ",; "',":',:',,:.:' ,." -.,,'. .,': -~;. :. . . "'"..,,' ,.. ,:,'>(.:. . " . . .<:. ~ ,.'.. ,,'- ,;:- ;':"'.,,:...., , , C":.-' _". ,-'...... .-' '.-' " ',- ',~' .... .' ,.- , '--, . . . '>;;'-.:';' . . <'-'r .', . . . . (..(~lArl)'per#!n~ll1el1tlin9 a."_ for a!pal"k wilt firsfC(lrnp~ l! fdirit;.Ptllp~l.fQr Pl!1"k NiIrne"~b& ProvidedllY. the. Parks ancl Re~n .. ()E!.eaf;Wlent. .>'I:Elc~..proposalshanbe . submitted to .the Parks .andRect~ation.. Bpard; . "'--:, . I r.::'::.-':;',. ",:",. ..:..;,'....".-:., ,", , (b) . The'ParksahdRecreation' Board winnotconsider.any'requeststo'" '. · tfjri~'I'I1~'~~i'Ji...gpi:lrksunlcs&~orequestedbv motionofthe City." Commission, .' """-':",'-r.f... "." '. .~ . "-"';";'. ~'..- .,'.... .' . '." ......, .. L.'.f .. ...<< ... .....(9).;t~..B08RfWill.notC(lnsicleranY.reqlJesls to name re~l!liQn ;)'\i:":faQiliti~s~'SlJCh as tennis Courts,basketbaU courts, or ballfields, · that areloeated "';/::!;"i"EWJt~in}.Pii~~r., .'. .. . ". ", '.:' ):_<,.~::'-,~';:~_. .,.. "'. ,,"., .-- . ;''-'.<-,,-, -;" .' .-.,,;....--: . . " .E~qhparkt9benamecl will be evaluated on thefoUowingcrit~ria: · "~~ighborhood, "homeowners associations will be contacted; when con$id~iit1gocunesfor parksloeated in their neighborhoods, . · .. Perso.ns~sEtlVing on the Parks and Recreation Board, another City' board,. (.>ronthe City Commission will not be eligible to have a park named after them during their tenure of office. · Ordinf!lrily, parks . will be named after subdivisions, geographic locations, . or streets, .. In the event1hepark propertyisdonated, the donor will be allowed the. privilege of submitting a preference fora name. . · Parks may. be named in honor of an individual; however, this'shoLlld occur only ortrare occasions and the individual should have given' lengthy civic serviCE! to the City of Clea!Water communityjahd ttiat individual should be oflocal importance rather than of state or national prominence. ..(e).. ". Asuhfey rnayberequiredofhomeowners living around the parklo~ rE!ceivetheir,opinion of a proposed' hame. . (g), ...... ...... Ba~ect ()nthecriteria.. contained, in Paragraph' (d) "and oninformatiqri. " . " .,te~j"e.dfromth~publichearing,. the Parks and' Recreation. Boardshallformulat~. ..... ....-:;:ia?r~c:6rnm'n~~tiCmori:theproPO$ed name. andshaU provide the reoommendatiQri"'" :...f9'theCity'CQrnmissionJorafinal.decision. . ": .... .',....'::...- ""', ..'......., '- .-.---'.>.........-,. .--:. -':' , .: .SeCtion2-.....This. resolution shall takeeffeptimmediatelyupon adoption~ ",-.,",:,,;,,". ',-". - , "- . . ,'. ". ." " . . "PASSEOAN[lADOPTEDthis '. ". /-, >,"', -'....'.. " - .'~ ;.- ..' : " ....' ',., . ,.." '. ~".','-. .' ":';~\':~Pf9v~;~~to .form:' '..' "', ... ".' ,.,:' - ~ - .". . , "P!:J.:~~Aftorney a E; Goudeau, City Clerk . ,~ ~~ 'O~~ :--. '\ ~ 0' To: Director of Parks and Recreation, Clearwater, FL Re: Historic Bayview Environmental Park Please be advised that I do not want the name of the park to be changed. It is important to maintain the integrity of this area and recognize its historic value. To Whom It May Concern: I Brytt Justice strongly disagree with naming the park after anyone individual. I believe that the park needs to keep its original name, Historic Bayview Environmental Park. H the name has to be changed it should have some historical value. My husband has the right idea, with naming it after the old ball field off of McMullen Booth Road, "Chesapeake Park." A church bought the property and now the Chesapeake name ia gone. That should be the new name if it has to be changed. I stlll think that Historic Bayview Environmental Park should be the name. The property has history so therefore the name it is now should -.ISland. Brytt Justice 3010 Cr Rd. 31 Clw, Fl. 33759 Thank You, Brytt Justice c&,)t~~ To: Director of Parks and Recreation, Clearwater, FL Re: Historic Bayview Environmental Park Please be advised that the undersigned residents do not want the name of the park to be changed. It is important to maintain the integrity of this area and recognize its historic value. gc:?2-1 CR3 ( C (V. (; l _ 53 7S'j Thank You, To Whom It May Concern: I disagree with naming the park after anyone individual. What about naming it after the old ball field off of McMullen Booth Rd. Chesapeake. It would make more sense to name something ~ y 1.' .r - than just an individual. Thank You, 4 ?:~:- ! Jim Justice;. 3010 Cr. 31 Clearwater, Fla. 33769 To: Director of Parks and Recreation, Clearwater, FL Re: Historic Bayview Environmental Park Please be advised that I do not want the name of the park to be changed. It is important to maintain the integrity of this area and recognize its historic value. To Whom It May Concern: I strongly disagree with naming the park after anyone individual. I believe that the park needs to keep its original name, Historic Bayview Environmental Park. "the name has to be changed it should have some historical value. It could be after the old ball field off of McMullen Booth Road, HChesapeake Park. n A church bought the property and now the Chesapeake name Is gone. That should be the new name if It has to be changed. I still think that Historic Bayview Environmental Park should be the name. The property has history so therefore the name it is now should stand. ::?C?2-l CC<5\ Cl~. A. '337c5t Thank You, pUr~\~ To: Director of Parks and Recreation, Clearwater, FL Re: Historic Bayview Environmental Park Please be advised that I do not want the name of the park to be changed. It is important to maintain the integrity of this area and recognize its historic value. d~~ To: Director of Parks and Recreation, Clearwater, FL Re: Historic Bayview Environmental Park Please be advised that the undersigned residents do not want the name of the park to be changed. It is important to maintain the integrity of this area and recognize its historic value. (p 0 7 S~t):Jtu;) {J~ Thank You, (!w' Fl. 33707 f]Jd~ To: Director of Parks and Recreation, Clearwater, FL Re: Historic Bayview Environmental Park Please be advised that the undersigned residents do not want the name of the park to be changed. It is important to maintain the integrity of this area and recognize its historic value. Darren Davidson 1875 Belleaire Road Clearwater, Fla. 33764 Thank You, ~()~ To: Director of Parks and Recreation, Clearwater, FL Re: Historic Bayview Environmental Park Please be advised that the undersigned residents do not want the name of the park to be changed. It is important to maintain the integrity of this area and recognize its historic value. Curt Enger 101 Gulfwinds Drive West Palm Harbor, Fla. 34683 Thank You, To: Director of Parks and Recreation, Clearwater, FL Re: Historic Bayview Environmental Park Please be advised that I do not want the name of the park to be changed. It is important to maintain the integrity of this area and recognize its historic value. ~ , / ~ /,/4--~ Thank;(o( To: Director of Parks and Recreation, Clearwater, FL Re: Historic Bayview Environmental Park Please be advised that I do not want the name of the park to be changed. It is important to maintain the integrity of this area and recognize its historic value. ~y~~ 1'JY (//'1. <11&7 I strongly disagree with naming the park a different name than it's original name. Historic Bayview Environmental Park, the name says it all. It's important to maintain it's historic value. Thank You, ./?k.~~ To: Director of Parks and Recreation, Clearwater, FL Re: Historic Bayview Environmental Park Please be advised that the undersigned residents do not want the name of the park to be changed. It is important to maintain the integrity of this area and recognize its historic value. 30;( I (J( 3 ( (rcv. f=( S57SY Thank You, .~~- I strongly disagree with naming the park a different name than it's original name. Historic Bayview Environmental Park, the name says it all. It's important to maintain it's historic value. Thank You, ~ To Whom It May Concern: I strongly disagree with naming the park a different name than it's original name. Historic Bayview Environmental Park, the name says it all. It's important to maintain it's historic value. Thank You, ~~~ To Whom It May Concern: I strongly disagree with naming the park a different name than it's original name. Historic Bayview Environmental Park, the name says it all. It's important to maintain it's historic value. Thank You, To: Director of Parks and Recreation, Clearwater, FL Re: Historic Bayview Environmental Park Please be advised that I do not want the name of the park to be changed. It is important to maintain the integrity of this area and recognize its historic value. /()!(P/ ) r:- /. 33773 To: Director of Parks and Recreation, Clearwater, FL Re: Historic Bayview Environmental Park Please be advised that the undersigned residents do not want the name of the park to be changed. It is important to maintain the integrity of this area and recognize its historic value. Thank You, ()~ 30/9 ~ R2/ C&UVXCib0/ ~ 631Y1 To: Director of Parks and Recreation, Clearwater, FL Re: Historic Bayview Environmental Park Please be advised that the undersigned residents do not want the name of the park to be changed. It is important to maintain the integrity of this area and recognize its historic value. / Thank You, To: Director of Parks and Recr~ation, Clearwater, FL Re: Historic Bayview Environmental Park Please be advised that I do not want the name of the park to be chang~d. It is important to maintain the integrity of this area and recognize its historic value. Thank You, ~' ~-j "~If l. Hl-/S 1 5) t / Hofl1f.r stad- e It or p)eckr; r: L 33::;-/;O To: Director of Parks and Recr~ation, Clearwater, FL Re: Historic Bayview Environmental Park Please be advised that I do not want the name of the park to be chang~d. It is important to maintain the integrity of this area and recognize its historic value, Thank Y QU, ~~ 7t. j~ - 3DD s. Flor',J,," Ave. j 0 CJ G-f ---rttr fon 5 r-; nfJ .> J J if b F1 < To: Director of Parks and Recr~ation, Clearwater, FL Re: Historic Bayview Environmental Park Please be advised that I do not want the name of the park to be chang~d. It is important to maintain the integrity of this area and recognize its historic value. ~ 31J-o 7q~ ~ V f~ tD--Lk. ~ 33J'() (F~lAJ.j.f ~/) ) Thank You, To: Director of Parks and Rec~eation, Clearwater, FL Re: Historic Bayview Environmental Park Please be advised that I do not want the name of the park to be chang~d. It is important to maintain the integrity of this area and recognize its historic value. Thank You, ~e~ I '/v? GULF- TO BYJ Y' (J(, v/) t=tttPT I;;l. C 1L.0 )=L-- 337 s-S- I , To: Director of Parks and Rec~eation, Clearwater, FL Re: Historic Bayview Environmental Park Please be advised that I do not want the name of the park to be chang~d. It is important to maintain the integrity of this area and recognize its historic value. Thank You, eC?rol !f-/7t7 R,erlfl"'''ct- J i/3 '7 ~ 13 p/cArr IP 017 cL- (! I C'"Cl/cuC/1 P, PI. To: Director of Parks and Recr~ation, Clearwater, FL Re: Historic Bayview Environmental Park Please be advised that I do not want the name of the park to be chang~d, It is important to maintain the integrity of this area and recognize its historic value. Thank You, I~~ Z{/7 lZ-lI ~ AI, ~ ~ ~ -1--" 3 3? J>~ To: Director of Parks and Recr~ation, Clearwater, FL Re: Historic Bayview Environmental Park Please be advised that I do not want the name of the park to be chang~d. It is important to maintain the integrity of this area and recognize its historic value. Thank You, ~~ 'f-/7 !~A'-L~tJ. ~GuL ~ Ff 337,rS- To: Director of Parks and Recr~ation, Clearwater, FL Re: Historic Bayview Environmental Park Please be advised that I do not want the name of the park to be chang~d. It is important to maintain the integrity of this area and recognize its historic value. Thank You, ~~ 96.3 rr IJ~ /lv. ~~~,-# 33??S ~ Lf&3 ~,t'~ 7.:#v. ~ ~ ~/H ,. ~77gs , To: Director of Parks and Recr~ation, Clearwater, FL Re: Historic Bayview Environmental Park Please be advised that I do not want the name of the park to be chang~d. It is important to maintain the integrity of this area and recognize its historic value. Thank You, (' \ ~jso~ La. \0\"(\1\ \lO/ /le,\()V\u.)6~&. M- C)W ~l 33757 ( To: Director of Parks and Recr~ation, Clearwater, FL Re: Historic Bayview Environmental Park Please be advised that I do not want the name of the park to be chang~d, It is important to maintain the integrity of this area and recognize its historic value. Thank You, ~ . ~ 13333 ~RJ ~ I fL ~371l1 To: Director of Parks and Recr~ation, Clearwater, FL Re: Historic Bayview Environmental Park Please be advised that I do not want the name of the park to be chang~d. It is important to maintain the integrity of this area and recognize its historic value. Thank You, To: Director of Parks and Recr~ation, Clearwater, FL Re: Historic Bayview Environmental Park Please be advised that I do not want the name of the park to be chang~d, It is important to maintain the integrity of this area and recognize its historic value. Thank You, AL-t? ~L ~7~3 P1~SI; i?12~t J}/MrItJ/;~ /Z 31'6'10 r To: Director of Parks and Recreation, Clearwater, FL . , Re: Historic Bayview Environmental Park Please be advised that I do not want the name of the park to be chang~d, It is important to maintain the integrity of this area and recognize its historic value. Thank You, fJM( /~ /3 PrA 701\/ :L S ~ z.. /v o;r f H fie.. I d.. 1. I1IVE ClellR..lv A-t'e.A..( F16r? I ~4 337rP( -~f'l, To: Director of Parks and Rec~eation, Clearwater, FL Re: Historic Bayview Environmental Park Please be advised that I do not want the name of the park to be chang~d. It is important to maintain the integrity of this area and recognize its historic value. Thank You, J/ , (,&(P)(J~ .. ~ajA /lNzr5dK-/J!u ! () '3C/6 C;S To: Director of Parks and Recr.eation, Clearwater, FL Re: Historic Bayview Environmental Park Please be advised that I do not want the name of the park to be changed. It is important to maintain the integrity of this area and recognize its historic value. Thank You, ~~~ L '-t~j)~ ~3\{ ~ '--~~ ~4 ~L ~3 7~~ To: Director of Parks and Rec~eation, Clearwater, FL Re: Historic Bayview Environmental Park Please be advised that I do not want the name of the park to be chang~d. It is important to maintain the integrity of this area and recognize its historic value. Thank You, .~:t.~ :(J..3.3 ~~. ~I Y. J37(,) To: Director of Parks and Recr,eation, Clearwater, FL Re: Historic Bayview Environmental Park Please be advised that I do not want the name of the park to be chang~d. It is important to maintain the integrity of this area and recognize its historic value. Thank You, ~ v~ -U. j)~/ To: Diredor of Parks and Recr,eation, Clearwater, FL Re: Historic Bayview Environmental Park Please be advised that I do not want the name of the park to be chang~d. It is important to maintain the integrity of this area and recognize its historic value. Thank You, ~cud ~ ~ a:tt;;;U I Lj 3 >-; s. f6 e (C h (' r R 0 tl' d.- e i e cr r LV q+ r f r: I 0 (.. d Cl/ -5 5 '76 Y To: Director of Parks and Recr~ation, Clearwater, FL Re: Historic Bayview Environmental Park Please be advised that I do not want the name of the park to be chang~d, It is important to maintain the integrity of this area and recognize its historic value. Thank You, ct?o-..:, G ~ ~5~O 5 t:fY\1,(1 ()) -l elvJ *7'1 ) 5e(f);no J e,)F7. 3X 77;;( 7 ~7 - :5 Cf 2. .... 8" .3 &>6 To: Director of Parks and Recr~ation, Clearwater, FL Re: Historic Bayview Environmental Park Please be advised that I do not want the name of the park to be chang~d. It is important to maintain the integrity of this area and recognize its historic value. Thank You, ~IJv/Ap . ~ ~ tf c!> ~ T h vJ ct 1 rJ" fTh ftpt-E 5f ftf.4-rs hvr5 '337o:J..~35f!}. To: Director of Parks and Recr~ation, Clearwater, FL Re: Historic Bayview Environmental Park Please be advised that I do not want the name of the park to be chang~d, It is important to maintain the integrity of this area and recognize its historic value. Thank You, I-/etf!h~ //a)oJ ,',') ) rc. I '-.Ct "5 0 I, ... . 1l/2 IJO lNe IJ LPT401 PL J:J7?/ To: Director of Parks and Recreation, Clearwater, FL Re: Historic Bayview Environmental Park Please be advised that the undersigned residents do not want the name of the park to be changed. It is important to maintain the integrity of this area and recognize its historic value. Thank You, t(~~ J1 i / C c./~r1 It/j? f-&J B.4y l1/vc/.,It nrwaf 3// FI"" ~ I /I, 337~S To: Director of Parks and Recr~ation, Clearwater, FL Re: Historic Bayview Environmental Park Please be advised that I do not want the name of the park to be chang~d. It is important to maintain the integrity of this area and recognize its historic value. T~nk YOU" . JI e?~ OZ--..:. ~ 9- ~ JI~- / t??lf YPhC c..J"~Y ~A C(~~WA,-t r;;Z 337tp To: Director of Parks and Recr~ation, Clearwater, FL Re: Historic Bayview Environmental Park Please be advised that I do not want the name of the park to be chang~d. It is important to maintain the integrity of this area and recognize its historic value. Thank You, ~ ih-fr~ 1d')7 7b f{, )rJR #1- 0';eks Par~ ~1. / ,5 791 To: Director of Parks and Recreation, Clearwater, FL Re: Historic Bayview Environmental Park Please be advised that I do not want the name of the park to be changed. It is important to maintain the integrity of this area and recognize its historic value. Thank You, 30 K~ 55J 51! S1 S'o ,;' ~1c I c1L 33767 iZ'Z U\.v.I /O'~-o0 City Council Cover Memorandum Tracking Number: 879 Actual Date: 10/07/2004 Subiect I Recommendation: Adopt Resolution 04 - 32 Authorizing the Mayor to execute the Disaster Relief Funding Agreement with the State of Florida Department of Community Affairs and designating City Manager William B. Horne II as the City's Primary Agent and Emergency Manager William Vola as it's Alternate Agent for the purpose of executing advanced reimbursement, certification, or other necessary documentation for disaster relief funding. Summarv: On September 21, we received the Agreement referenced that defines the terms and conditions of disaster relief reimbursements resulting from the impacts of Tropical Storm Bonnie and Hurricane Charley. The Agreement covering disaster related expenses for Hurricanes Frances, Ivan and Jeanne were received October 4. In order to validate, the Mayor is required to execute the Agreement and the City Council is required to designate a Primary Agent and an Alternate Agent, by Resolution, to administer the reimbursement process and certify the completion of that process. Each Department impacted, has been tracking every expense with detailed supporting documentation in order to validate the City's maximum eligibility under the State and FEMA regulations. This process has been monitored by both the Finance Department and Emergency Management to assure, to the best ability, compliance with the eligibility standards while assuring maximum efficiency and effectiveness of response and relief operations. Oriainating: City Manager Section: Other items on City Manager Reports Category: Agreements/Contracts - without cost Number of Hard Copies attached: 1 Financial Information: Review Aporoval Bill Vola 09-24-2004 13:34:23 Cvndie Goudeau 10-06-2004 11: 10:46 Garrv Brumback 09-29-2004 16:46:18 Bill Horne 09-30-2004 09:24:44 Pam Akin 09-27-2004 16:53:31 ~ " I ;), . 2-. RESOLUTION NO. 04-32 A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA, AUTHORIZING THE MAYOR TO EXECUTE A DISASTER RELIEF FUNDING AGREEMENT WITH THE STATE OF FLORIDA, DEPARTMENT OF COMMUNITY AFFAIRS, AND DESIGNATING THE CITY MANAGER AS THE PRIMARY AGENT AND THE EMERGENCY MANAGER AS THE ALTERNATE AGENT TO EXECUTE ANY REQUEST FOR ADVANCE OR REIMBURSEMENT OF PUBLIC ASSISTANCE FUNDS MADE AVAILABLE TO MUNICIPALITIES CONSEQUENT TO THE DAMAGES AND LOSSES SUSTAINED AS A RESULT OF TROPICAL STORM BONNIE AND HURRICANES CHARLEY, FRANCES, IVAN, AND JEANNE; PROVIDING AN EFFECTIVE DATE. WHEREAS, Tropical Storm Bonnie, Hurricane Charley, Hurricane Frances, Hurricane Ivan, and Hurricane Jeanne beginning August 11, 2004,and thereafter, had a devastating impact upon the State of Florida. The severity of damage and losses resulted in a proclamation of emergency by the Governor. In consequence of the Event, the President of the United States on August 13, 2004, declared Major Disaster in all counties in the State of Florida. As a result, the Public Assistance Program was made available to eligible applicants in these Declared counties; and WHEREAS, a FEMA-State Agreement between the State of Florida and the Federal Emergency Management Agency governing the use of such funds requires the State to share the costs eligible for federal financial assistance, and the state has undertaken to share those costs, as appropriated, with its Subgrantees, the Political Subdivisions of the State, pursuant to a Disaster Relief Funding Agreement; and WHEREAS, the State of Florida, Department of Community Affairs, requires that the municipalities/Subgrantees execute a Disaster Relief Funding Agreement with the State, a provision of which requires the City Council to designate a Primary Agent and an Alternate Agent to execute requests for advance reimbursements, certifications, and other necessary documentation on its behalf; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The Mayor is hereby authorized to execute Disaster Relief Funding Agreements with the State of Florida, Department of Community Affairs, and the City Manager is hereby designated as the primary agent and the Emergency Manager is hereby designated as the alternate agent to execute any Request for Advance or Reimbursement for Public Assistance Funds made available to municipalities Resolution No. 04-32 consequent to the damages and losses sustained as a result of these Tropical Storms and Hurricanes. Section 2. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this day of ,2004. Brian J. Aungst Mayor Approved as to form: Attest: Rob Surette Assistant City Attorney Cynthia E. Goudeau City Clerk 2 Resolution No. 04-32 ((e,; t..fvt 1 STATE OF FLORIDA Department of Community Affairs DISASTER RELIEF FUNDING AGREEMENT Agreement No. 05-PA-C%-08-62-02-774 CSFA No. 52600308; CFDA No. 97,036 Subgrantee: Clearwater, City of FIPS No. 103-12875-00 This Agreement is between the State of Florida, Department of Community Affairs (hereinafter referred to as the "Grantee") and, the undersigned State Agency or political subdivision of the State (hereinafter referred to as the "Subgrantee"). This Agreement is based on the existence of the following facts and conditions: A. WHEREAS, Tropical Storm Bonnie and Hurricane Charley beginning August 11,2004, and thereafter, had a devastating impact upon the State of Florida. The severity of the damage and losses resulted in a proclamation of emergency by the Governor in Executive Order 04-182. In consequence of the Event, the President of the United States on August 13,2004, declared Major Disaster No. FEMA-DR-1539-FL in all counties in the State of Florida. As a result, the Public Assistance Program was made available to eligible applicants in these Declared counties; and, B. WHEREAS, a FEMA-State Agreement between the State of Florida and the Federal Emergency Management Agency governing the use of such funds requires the State to share the costs eligible for federal financial assistance, and the State has undertaken to share those costs, as appropriated, with its Subgrantees; and, C, WHEREAS, The Grantee represents that it is fully qualified and eligible to receive these grant funds to provide the services identified herein and agrees to comply with all the requirements of this Agreement; and, D. WHEREAS, the Grantee receives these grant funds from the State of Florida and the federal government, and has the authority, under Section 252.373, Fla. Stat. to disburse these funds to the Sub grantees upon the terms and conditions hereinafter set forth; and, E. WHEREAS, a Budget Amendment has been prepared and is being considered to provide for the necessary funds and authority for this event. Under the Emergency Management Act, as amended, the Department has authority to administer federal fmancial assistance from the Agency consequent to a presidential declaration of disaster. NOW, THEREFORE, the Grantee and Sub grantee, based upon the existence of the foregoing conditions, do further agree to the following: ARTICLE I. Defmitions. As used in this Agreement, the following terms shall have the following meanings unless another meaning is specified elsewhere: A. "Eligible activities" are those activities authorized in the FEMA-State Agreement, and in the Robert T. Stafford Disaster Reliefand Emergency Assistance Act, Public Law 93-288, as amended, 42 U.S.C. 9 5121-5201; 44 C.F.R. Part 206; and applicable policies of the Federal Emergency Management Agency. B. "FEMA-State Agreement" is the agreement dated August 14, 2004, between the Federal Emergency Management Agency and the State of Florida, for the Major Disaster No. FEMA-1539-DR-FL. ARTICLE II. Applicable Law. The parties agree to all the conditions, obligations, and duties imposed by the FEMA-State Agreement and all applicable state and federal legal requirements including, without any limitation on the generality of the fore-going, the requirements of 44 C.F.R. Parts 13 and 206, and the policies of the Federal Emergency Management Agency. 1 1- ARTICLE III. Fundin!!: and Insurance. Grantee shall provide funds to the Sub grantee for eligible activities for the projects approved by the Grantee and the Federal Emergency Management Agency, as specified in the approved Project Worksheets. Allowable costs shall be determined as per 44 C.F.R. Parts 13 and 206. A. The approved Project Worksheets shall be transmitted to Subgrantee, and shall state the cumulative funding allowed, the scope of the eligible project, and the costs eligible under this Agreement. Project Worksheets may obligate or deobligate funding, thereby amending the total funding for the project. The approved Project Worksheets shall document the total eligible costs and the total federal share of those costs, which shall be seventy- five (75) percent of all eligible costs, unless a higher percentage is approved. Contingent upon an appropriation by the Florida Legislature, the Grantee may provide some portion of any nonfederal share for local government and private non-profit Sub grantees. As a condition of receipt of the federal funding, the Subgrantee agrees to provide any nonfederal share not paid by the Grantee. B. As a condition to funding under this Agreement, the Subgrantee agrees that the Grantee may withhold funds otherwise payable to Subgrantee from any disbursement to Grantee upon a determination by Grantee or Federal Emergency Management Agency that funds exceeding the eligible costs have been disbursed to Sub grantee pursuant to this Agreement or any other funding agreement administered by Grantee. C. As a further condition to funding under this Agreement, the Subgrantee agrees to procure insurance sufficient for the type or types of hazards for which the disaster was declared to cover any and all projects to be funded under this Agreement where insurance is available and reasonable. Subgrantee shall provide Grantee with a certificate of such insurance as a condition to funding under this Agreement. ARTICLE IV, Duplication of Benefits Prohibition. Subgrantee may not receive funding under this Agreement to pay for damage covered by insurance, nor may Sub grantee receive any other duplicate benefits under this Agreement. A. Sub grantee shall without delay advise Grantee of any insurance coverage for the damage identified on the applicable Project Worksheets and of any entitlement to compensation or indemnification from such insurance. Subgrantee shall reimburse Grantee without delay for any duplicate benefits Subgrantee may receive from any other source for any damage identified on the applicable Project Worksheets for which Subgrantee has received payment from Grantee, to the extent of any such duplication. B. In the event that Grantee should determine that Sub grantee has received duplicate benefits, by its execution of this Agreement the Subgrantee gives Grantee or the Chief Financial Officer-Department of Financial Services of the State of Florida the authority to set off the sum ofany such duplicate benefits by withholding it from any other funds otherwise due and owing to Subgrantee. ARTICLE V, Compliance with Environmental. Plannin!!: and Permittin!!: Laws. Subgrantee shall be responsible for the implementation and completion of the approved projects described in the Project Worksheets in a manner acceptable to Grantee, and in accordance with applicable legal requirements. The contract documents for any project undertaken by Subgrantee, and any land use permitted by or engaged in by Sub grantee, shall be consistent with the local government Comprehensive Plan. Subgrantee shall ensure that any development or development order complies with all applicable planning, permitting and building requirements. Subgrantee shall engage such competent engineering, building, and other technical and professional assistance at all project sites as may be needed to ensure that the project complies with the contract documents. ARTICLE VI. Required Documentation. Reviews. and Inspections. Subgrantee shall create and maintain documentation of work performed and costs incurred on each project identified in a Project Worksheet sufficient to permit a formal audit comporting with ordinary, customary and prudent public accounting requirements. Upon the failure of Subgrantee to create and maintain such documentation, Grantee may terminate further funding under this Agreement, and Subgrantee shall reimburse to Grantee all payments disbursed earlier to Sub grantee, 2 together with any and all accrued interest. A. Sub grantee shall submit the following documentation for Large Projects (the Small Project threshold for this declaration is $54,100). I. A Request for Advance or Reimbursement conforming to the attached sample. 2. A Summary of Documentation Form conforming to the sample attached to this Agreement as Attachment B, which shall be supported by original documents such as contract documents, invoices, purchase orders, change orders and the like; 3. A request for [mal inspection; 4. A signed Project Completion and Certification Report upon the completion of all projects; and 5. The Project Completion and Certification Report specified by Paragraph B of this Article. B. For all projects, Subgrantee shall state on the "Project Completion and Certification Report" that all work was performed in accordance with this Agreement and the requirements in each Project Worksheet, and shall state the date of completion. C. Grantee will inspect Small Projects by random selection, and will conduct the [mal inspections on Large Projects, to ensure that all work has been performed within the scope of work specified on the Project Worksheets. Costs not within the approved scope of work shall not be reimbursed. ARTICLE VII. Cost Sharioe:. The federal share of the eligible costs specified in the Project Worksheets under this Agreement shall be seventy-five (75) percent, unless a higher percentage is approved, of such costs and the nonfederal share shall be the remaining amount. Payment of all or a specified portion of the nonfederal share of such costs is contingent upon a potential future State appropriation defining the apportionment of the nonfederal share. Administrative costs in addition to the Project Worksheets that are otherwise eligible under 44 C.F.R. Part 206 and do not require matching funds may also be funded by FEMA. ARTICLE VIII. Payment of Costs. Grantee shall disburse the eligible costs to Subgrantee in accordance with the following procedures. A. Grantee shall disburse the federal and nonfederal shares of the eligible costs for Small Projects to Subgrantee as soon as practicable after execution of this Agreement and formal notification by the Federal Emergency Management Agency of its approval of the pertinent Project Worksheet. B. Grantee shall reimburse Subgrantee for the federal and nonfederal shares of the eligible costs for Large Projects as soon as practicable after Subgrantee has delivered the following documents to Grantee: 1. A Request for Advance or Reimbursement Form conforming to the sample attached to this Agreement as Attachment A; 2. A Summary of Documentation Form conforming to the sample attached to this Agreement which shall be supported by original documents such as contract documents, invoices, purchase orders, change orders and the like; and, 3. A letter or notification certifying that the reported costs were incurred in the performance of eligible work. C. Grantee may advance funds under this Agreement to Subgrantee not exceeding the federal share if Subgrantee meets the following conditions: 3 1-- --- . I. Subgrantee shall demonstrate to Grantee that Sub grantee has procedures in place to ensure that funds are disbursed to project vendors, contractors, and subcontractors without unnecessary delay; 2. Subgrantee shall submit to Grantee the budget supporting the request; 3. Subgrantee shall submit a statement justifying the advance and the proposed use of the funds, and specifying the amount of funds requested; 4. Subgrantee shall submit a completed Request for Advance or Reimbursement Form; and, 5. Subgrantee shall pay over to Grantee any interest earned on advances for remittance to the Federal Emergency Management Agency as often as practicable, and in any event not later than ten (10) business days after the close of each calendar quarter. D. Subgrantee may make improvements to the project facility in conjunction with its restoration ofthe facility to its pre-disaster condition in accordance with 44 C.F.R. Part 206 with the prior written approval of Grantee. E. In any case in which Sub grantee certifies to Grantee in writing that the restoration of a damaged public facility to its pre-disaster condition is not in the best interest of the public, Sub grantee may request Grantee and the Federal Emergency Management Agency to approve an alternate project in accordance with 44 C.F,R. Part 206 before the commencement of any work. F. Grantee may, in its discretion, withhold its portion of the nonfederal share of funding under this Agreement from Subgrantee if Grantee has reason to expect a subsequent unfavorable determination by the Federal Emergency Management Agency that a previous disbursement of funds under this Agreement was improper. ARTICLE IX, Final Payment. Grantee shall disburse the [mal payment to Subgrantee upon the performance of the following conditions: A. Subgrantee shall have completed the project; B. Sub grantee shall have submitted the documentation specified in Articles VI and VIII of this Agreement; C. In the case of Large Projects, the Grantee shall have performed the final inspection; D. In the case of Small Projects, the Project Listing and Certification shall have been reviewed by Grantee, or Grantee shall have performed a [mal inspection; and, E. Subgrantee shall have requested final reimbursement. ARTICLE X. Records Maintenance. The funding of eligible costs under this Agreement and the performance of all other conditions shall be subject to the following requirements, in addition to such other and further requirements as may be imposed by operation of law: A, The "Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments," as codified in 44 C.F.R. Part 13, as amended; B. Office of Management and Budget Circular No. A-87, "Cost Principles for State and Local Governments," as amended; C. Office of Management and Budget Circular No. A-I 10, "Uniform Administrative Requirements for Grants and Other Agreements with Institutions of Higher Education, Hospitals and Other Non-Profit Organizations," as amended; and D. Office of Management and Budget Circular No. A-122, "Cost Principles for Non-Profit Organizations," 4 as amended. E. Subgrantee will maintain all documentation concerning the projects funded under this Agreement until the occurrence of the following events, whichever is the later: 1. The completion of final inspection and final audit, and the fmal resolution of any issues identified in the same; or, 2. The expiration of three (3) years from the date of final disbursement under this Agreement. F. Subgrantee shall make all documentation concerning the projects funded under this Agreement available and accessible to the Comptroller General of the United States, the Grantee, and the Federal Emergency Management Agency between 8:00 a.rn. and 5:00 p.rn. on weekdays other than official holidays. ARTICLE XI. Reimbursement of Funds. Ifupon final inspection, final audit, or other review by Grantee, the Federal Emergency Management Agency or other authority determines that the disbursements to Subgrantee under this Agreement exceed the eligible costs, Sub grantee shall reimburse to Grantee the sum by which the total disbursements exceed the eligible costs within forty-five (45) days from the date Subgrantee is notified of such determination. ARTICLE XII. Audit. Subgrantee shall submit an Audit of Agreement Compliance to Grantee, and shall have an independent audit performed by a Certified Public Accountant if its total expenditures of federal financial assistance for the most recent fiscal year equal or exceed $500,000.00. A. Subgrantee will conduct the audit in accordance with the following requirements: 1. The standards established by the Comptroller General of the United States, as specified in the General Accounting Office Standards for Audit of Governmental Organizations, Programs, Activities and Functions; 2. The standards established by the American Institute of Certified Public Accountants; 3. The requirements of ~ 11.42 Fla, Stat., and the Rules of the Auditor General; 4. The requirements of the Single Audit Act of 1984, Pub. L. 98-502, as amended, 31 U.S.C. ~~ 7501-7507, to the extent here applicable; and, 5. Office of Management and Budget Circular No. A-B3, as amended, to the extent here applicable. B. The audit shall be identified by the serial contract identification number for this Agreement. If the Sub grantee is a private nonprofit organization, it shall submit an organization-wide audit. C. The audit shall be due not later than seven (7) months after the close of the fiscal year for Sub grantee except where Grantee and Sub grantee have mutually agreed upon another date. D. Sub grantee shall conduct such additional audits as Grantee or the Federal Emergency Management Agency may determine necessary to determine the adequacy, accuracy, and reliability ofthe internal procedures Sub grantee has in place to protect its assets and to ensure compliance with this Agreement. E. If this Agreement is closed out without an audit, Grantee may reCOver from Sub grantee any disallowed costs identified in an audit after such closeout. ARTICLE XIII. Noncompliance. If the Sub grantee violates this Agreement or any legislation, regulation, statute, rule or other legal requirement applicable to the performance of this Agreement, the Grantee may withhold any disbursement otherwise due Sub grantee for the project with respect to which the violation has occurred until the 5 violation is cured or has otherwise come to final resolution. If the violation is not cured, Grantee may terminate this Agreement and invoke its remedies under the Agreement as per Articles XVIII and XXIII of this Agreement. ARTICLE XIV. Nondiscrimination bv Contractors. Subgrantee shall undertake an active program of nondiscrimination in its administration of disaster assistance under this Agreement, as per 44 C.F.R. Parts 7 and 16, and 44 C.F.R Part 206. Subgrantee shall also be subject to the requirements in the General Services Administrative Consolidated List of Debarred, Suspended and Ineligible Contractors, in accordance with 44 C.F.R Part 17. ARTICLE XV, Modification. The time for performance of this Agreement may be extended once unless the failure of Sub grantee to close out the project is caused by events beyond its control. A modification extending the time for completion of the project and any other modification shall be in writing, and shall take effect only upon execution by both parties. Modifications to any Project Worksheet to be funded under this Agreement may be requested by Sub grantee through Grantee, but the approval of any such modifications shall reside in the sole discretion of the Federal Emergency Management Agency. Any approved modification to a project Worksheet shall be noted in a Supplemental Project Worksheet for the project. If otherwise allowed under this Agreement, any extension shall be in writing and shall be subject to the same terms and conditions as those set out in the initial Agreement. ARTICLE XVI, Time for Performance. Time shall be of the essence of this Agreement and of the performance of all conditions under it. Subject to any modification extending the time for the performance of this Agreement approved by Grantee or the Federal Emergency Management Agency, the time for the performance of emergency work shall be six (6) months from the date of the Presidential Declaration. The time for the performance of permanent work shall be eighteen (18) months from the date of the Presidential Declaration. For Large Projects the Summary of Documentation and the supporting documents identified in Article VI of this Agreement shall be submitted to the Grantee not later than sixty (60) days after the date of the last modification extending the Agreement. Subgrantee shall submit the completed Project Listing to Grantee not later than thirty (30) days from the completion of all work, or the approval of the Final Inspection by the Federal Emergency Management Agency, whichever is later. The time for the performance of this Agreement may be extended for cause by Grantee. Extensions shall not be approved for delays caused for lack of cost-share funding, If any extension request is denied, Subgrantee shall be reimbursed for eligible project costs incurred up to the latest approved date for completion. Failure to complete any project will be adequate cause for the termination of funding for that project. ARTICLE XVII. Contracts With Others. If the Sub grantee contracts with any other contractor or vendor for performance of all or any portion of the work required under this Agreement, the Subgrantee shall incorporate into its contract with such contractor or vendor an indemnification clause holding Grantee and Subgrantee harmless from liability to third parties for claims asserted under such contract. ARTICLE XVIII, Termination. Either of the parties may terminate this Agreement by notice in writing delivered to the address specified in Article XXV of this Agreement. Such termination shall take effect thirty (30) days after the date of such notice. Such termination shall not affect the rights, interests, duties or responsibilities of either of the parties or any allowable costs that have accrued as of the date of the notice of termination. ARTICLE XIX. Liabilitv. Grantee assumes no liability to third parties in connection with this Agreement. Unless the Sub grantee is a governmental entity covered by ~ 768.28(5), Fla. Stat., the Subgrantee shall be solely responsible to any and all contractors, vendors, and other parties with whom it contracts in performing this Agreement. Unless the Subgrantee is a governmental entity within the meaning of the preceding sentence, Subgrantee shall indemnify Grantee form claims asserted by to third parties in connection with the performance of this Agreement, holding Grantee and Sub grantee harmless from the same. Also: A. For the purpose ofthis Agreement, the Grantee and Subgrantee agree that neither one is an employee or agent of the other, nor that each one stands as an independent contractor in relation to the other. B. Nothing in this Agreement shall be construed as a waiver by Grantee or Subgrantee of any legal immunity, nor shall anything in this Agreement be construed as consent by either of the parties to be sued by third parties in connection with any matter arising from the performance of this Agreement. C. Subgrantee represents that to the best of its knowledge any hazardous substances at its project site or sites 6 are present in quantities within statutory and regulatory limitations, and do not require remedial action under any federal, state or local legal requirements concerning such substances. Subgrantee further represents that the presence of any such substance or any condition at the site caused by the presence of any such substance shall be addressed in accordance with all applicable legal requirements. ARTICLE XX. Reports. Subgrantee shall provide Quarterly Reports to Grantee, on the Quarterly Report Form conforming to the sample attached as Attachment C. The fIrst Quarterly Report shall be due at such time as Subgrantee is notifIed. All subsequent Quarterly Reports shall be due no later than fIfteen (15) days after each calendar quarter through fInal inspection. Quarterly Reports shall indicate the anticipated completion date for each project, together with any other circumstances that may affect the completion date, the scope of work, the project costs, or any other factors that may affect compliance with this Agreement. Interim inspections shall be scheduled by Subgrantee before the fInal inspection, and may be required by Grantee based on information supplied in the Quarterly Reports. Grantee may require additional reports as needed, and Sub grantee shall provide any additional reports requested by Grantee as soon as practicable. With respect to the Request for Advance or Reimbursement, the Summary of Documentation, and the Quarterly Reports, the contact for Grantee will be the State Public Assistance Officer. ARTICLE XXI. Standard Conditions. Subgrantee agrees to the following conditions: A. The performance and obligation of Grantee to pay under this Agreement is contingent upon an annual appropriation by the Legislature and the disbursement to Grantee offederal funding in accordance with 9252,37(4), Fla. Stat. B. Bills for fees or other compensation for services or expenses must be submitted in detail sufficient for a proper pre-audit and post-audit. C. Grantee may terminate this Agreement for refusal by the Subgrantee and its contractors and subcontractors to allow public inspection of any records subject to the disclosure requirements in 9 119.07(1), Fla. Stat., that are made or received by Subgrantee or its contractors and subcontractors in connection with this Agreement. Substantial evidence of noncompliance by Sub grantee or its contractors and subcontractors with these requirements shall constitute the nonperformance of a condition under this Agreement, and shall be adequate cause for termination. D. Subgrantee agrees that no funds disbursed to it Wlder this Agreement will be used for the purpose of lobbying the Legislature or any of its members, any employee of the State of Florida, any member of Congress, any officer or employee of Congress, or any employee of a Member of Congress, in connection with this Agreement or any modifIcations to this Agreement. E. Sub grantee certifIes that it possesses the legal authority to receive the funds. F. Subgrantee agrees that responsibility for compliance with this Agreement rests with Subgrantee, and further agrees that noncompliance with this Agreement shall be cause for the rescission, suspension or termination of funding Wlder this Agreement, and may affect eligibility for funding Wlder future Sub grantee Agreements. ARTICLE XXII. Term. This Agreement shall take effect upon its execution by both parties, and shall terminate upon approval of closeout by the Federal Emergency Management Agency, unless terminated earlier as specifIed elsewhere in this Agreement. Subgrantee shall commence project(s) specifIed by this Agreement without delay. ARTICLE XXIII. Events of Default. Remedies. and Termination. A. Upon the occurrence of any one or more of the following events, all obligations of Grantee to disburse further funds under this Agreement shall terminate at the option of Grantee. Notwithstanding the preceding sentence, Grantee may at its option continue to make payments or portions of payments after the occurrence of anyone or more 7 such events without waiving the right to exercise such remedies and without incurring liability for further payment. Grantee may at its option terminate this Agreement and any and all funding under this Agreement upon the occurrence of anyone or more of the following: 1. Any representation by Sub grantee in this Agreement is inaccurate or incomplete in any material respect, or Subgrantee has breached any condition of this Agreement or any previous agreement with Grantee and has not cured in timely fashion, or is unable or unwilling to meet its obligations under this Agreement; 2. Subgrantee suffers any material adverse change in its financial condition while this Agreement is in effect, as compared to its financial condition as represented in any reports or other documents submitted to Grantee, if Subgrantee has not cured the condition within thirty (30) days after notice in writing from Grantee; 3. Any reports required by this Agreement have not been submitted to Grantee or have been submitted with inaccurate, incomplete, or inadequate information; or, 4. The monies necessary to fund this Agreement are unavailable due to any failure to appropriate or other action or inaction by the Congress, Legislature, Office of the Comptroller or Office of Management and Budget. B. Upon the occurrence of anyone or more of the following events, Grantee may at its option give notice in writing to Sub grantee to cure its failure of performance if such failure may be cured. Upon the failure of Subgrantee to cure, Grantee may exercise anyone or more of the following remedies: ' 1. Terminate this Agreement upon not less than fifteen (15) days notice of such termination by certified letter to the Subgrantee at the address specified in Article XXV of this Agreement, such notice to take effect when delivered to Subgrantee; 2. Commence a legal action for the judicial enforcement of this Agreement; 3. Withhold the disbursement of any payment or any portion of a payment otherwise due and payable under this Agreement or any other Agreement with Subgrantee; and, 4. Take any other remedial actions that may otherwise be available under law. C. Grantee may terminate this Agreement for any misrepresentation of material fact, for failure or non- performance of any Agreement condition or obligation, or for noncompliance with any applicable legal requirement. D. Rescission, suspension or termination of this Agreement shall constitute final action by the Grantee within the meaning of the Administrative Procedure Act, as amended. Notwithstanding the preceding sentence, any deobligation of funds or other determination by the Federal Emergency Management Agency shall be addressed in accordance with the regulations of that Agency. E, Upon the rescission, suspension or termination of this Agreement, the Sub grantee shall refund to Grantee all funds disbursed to Sub grantee under this Agreement. F. The venue of any action or proceeding by either Grantee or Subgrantee for enforcement of this Agreement or for adjudication of rights, interests, or duties of the parties to it shall lie in Leon County, State of Florida. G. Notwithstanding anything to the contrary elsewhere in this Agreement, the rescission, suspension or termination of this Agreement by Grantee shall not relieve Subgrantee ofliability to Grantee for the restitution of funds advanced to Sub grantee under this Agreement, and Grantee may set off any such funds by withholding future disbursements otherwise due Sub grantee under this Agreement or any other Agreement until such time as the exact amount of restitution due Grantee from Sub grantee is determined. In the event the Federal Emergency Management Agency should deobligate funds formerly allowed under this Agreement or under any other Agreement funded by the Agency and administered by Grantee, then Subgrantee shall immediately repay such funds to Grantee. If the Subgrantee fails to repay any such funds, then Grantee may recover the same from funding otherwise due Subgrantee. ARTICLE XXIV. Attachments. A. All attachments to this Agreement are incorporated into this Agreement by reference as if set out fully in the text of the Agreement itself. 8 B. In the event of any inconsistencies between the language of this Agreement and the Attachments to it, the language of the Attachments shall be controlling, but only to the extent of such inconsistencies. C. This Agreement has the following attachments: 1. Attachment A "Request for Advance or Reimbursement" 2, Attachment B "Summary of Documentation of Expenses Claimed" 3. Attachment C "Quarterly Report Form" 4. Attachment D "Subgrantee Annual Budget Projection Form" Note: All other grant administrative forms will be provided by Grantee as necessary or posted on the DEM website: www.f1oridadisaster.org. The subgrantee may be provided the option of using electronic forms placed on our Internet based document management system at: http://dcaenterprise.eoconline.org. ARTICLE XXV, Notice and Contact. All notices under this Agreement shall be in writing and shall be delivered by Internet, by telefacsimile, by hand, or by certified letter to the following respective addresses. FOR THE GRANTEE: W. Craig Fugate, Director Division of Emergency Management Department of Community Affairs 2555 Shumard Oak Blvd Tallahassee, Florida 32399-2100 FOR THE SUBGRANTEE: ARTICLE XXVI. Desil!nation of A2ent. Sub grantee hereby designates as its primary agent, and designates as its alternate agent, to execute any Request for Advance or Reimbursement, certification, or other necessary documentation. IN WITNESS HEREOF, the Grantee and Subgrantee have executed this Agreement: FOR THE GRANTEE: FOR THE SUBGRANTEE: DEPARTMENT OF COMMUNITY AFFAIRS, State of Florida, By: (Subgrantee) W. Craig Fugate, Director Division of Emergency Management (Name) (Title) (Date) (Date) Public Assistance Program Program Federal Employer Identification Number (FEIN) 9 FLORIDA DIVISION OF EMERGENCY MANAGEMENT ATTACHMENT A Request for Advance or Reimbursement for Public Assistance Funds SUB GRANTEE NAME: DEC NO: ADDRESS: FIPS NO: PAYMENT NO: DCA AGREEMENT NO: DSR DCA USE ONLY ELIGIBLE PREVIOUS CURRENT AMOUNT PAYMENTS REQUEST APPROVED FOR PAYMENT COMMENTS PW# CATEGORY % COMPLETE_ PW# CATEGORY % COMPLETE PW# CATEGORY % COMPLETE_ PW# CATEGORY ~ .--.....-- .-- % COMPLETE_ PW# CATEGORY % COMPLETE - TOTAL CURRENT REQUEST $ I certify that to the best of my knowledge and belief the above accounts are correct and that all disbursements were made in accordance with all conditions of the DCA agreement and payment is due and has not been previously requested for these amounts. SUB GRANTEE SIGNA TORE: NAME AND TITLE: DATE: TO BE COMPLETED BY DEPARTMENT OF COMMUNITY AFFAIRS (DCA) APPROVED FOR PAYMENT $ GOVERNORDS AUTHORIZED REPRESENTATIVE ADMINISTRATIVE COST $ TOTAL PAYMENT $ DATE 10 FLORIDA DIVISION OF EMERGENCY MANAGEMENT AITACHMENT B SUMMARY OF DOCUMENTATION OF AMOUNT CLAIMED FOR ELIGIBLE DISASTER WORK (SOD) Date: Subgrantee: Disaster #: FIPS#: Project Worksheet (PW) #(s): Applicant's Reference # Delivery Date of DOCUMENTATION Applicant (Warrant, Voucher, Claim or articles or List Documentation (Applicant payroll, material out of applicant stock, applicant-owned Eligible Costs Schedule #) performance of equipment and name of vendor or contractor) by category and line item in the approved ($$$) services. project application and give a brief description of the articles or services, Pace Subtotal Current Expenditure Reauest (All PaQes) Total PW Amounts for all Aooroved Versions Over or Under Run (Final SOD Onlv) UPDATED: April!7, 2003 Page_ of _ Pages 11 ~ ... ~~~ ~~o <~~ ~liIil~ E:~~ Z<o ;:J~=- ~~~U O~~E-< uUc2~ ~ZliIil~ Olilil~= ~~~U Z~~~ ~~O~ liIil ~~liIil <o~ ~Z~ liIilO ~... <~~ ~>= ~...~ ~~~ o s: .....:l ~ ~ Q I ~ ~ o z [) .... 00 CIS 00 Cl U) e= ~ II) II) ~ 50 .g iZl Qj ;;. .i 00 II) a ~ 00 .... ~ ~ E iZl ,coo i II) ~ .a CIS .... 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CI) 8 >- c; ~ 1;l CI) ~ ~ roV'l ~ CI) ... ...... CI) ~ ~ i- CI) 0" 'r:: .;3 _0 ... ~ .;3 tEl .=::S e ~ -g p..,.l:l .~ ~ gp 50 ~g ~ ~ ~ g 8 ~ '<=! ~ p.. @ 0.... - ~ CI) ... ~ ~ ~ ~ :-::~ ~"C o ~ = _ . oS ~ g.Er _ ~"C U .s~ 21-.~],.l:l p..~ ILl 2 ..... :> oS c; 0 S ~ V'J"" B ;;-' ~.s ....- '" .'" ~ l5 .B~r...=t ~ .~ ~ (/) d '" ~ ~ g CI) 0 C" =p..e 2 t:: CI) _ 0 :> - p...<=! 'o~~ ~ 0 .~ CI) :; OJ) ~~ CI) 0 .!:j .~ _ tIl ',= ~ ::J (l) "" .;3 12-,3 City Council Cover Memorandum Tracking Number: 897 Actual Date: 10/07/2004 Subiect / Recommendation: Continue the appointment of one member of the Muncipal Code Enforcement Board in order to solicit additional applications. Summary: State Statute requires: "Whenever possible, this Board shall include an architect, an engineer, a business person, a general contractor, a sub-contractor and a realtor" for this seven member boa rd. Currently, we have no one in the following categories: architect, engineer, general contractor, sub-contractor. Those serving include: retired director of national weight loss company, retired federal employee, retired fire fighter, retired banker, retired business manager and realtor. There is one vacancy. As there appears to be a preponderance of business people currently serving, it is recommend the appointment to fill the vacancy be delayed in order to solicit applications from individuals in the categories for which there is no representation. Oriainating: Official Rec and Legislative Svc Section: Other items on City Manager Reports Cateaorv: Other Financial Information: ~ Other Review Aooroval Cvndie Goudeau 10-05-2004 13:10:18 /2,4- City Council Cover Memorandum Tracking Number: 893 Actual Date: 10/07/2004 Subiect / Recommendation: Authorize the negotiation of a contract for health insurance with Cigna HealthCare under a fully insured funding arrangement for the contract period of January 1, 2005, to December 31, 2005, at a total not to exceed cost of $14,500,000 which includes estimated City ($10,325,000), employee ($3,015,000), and retiree/COBRA/Out-of-Area ($1,160,000) premiums, and continue with the 2nd year of a 3 year contract with Bradman/Unipsych for the mental health/substance abuse and EAP coverage contract for 2005 at an estimated cost of $194,000 ($172,000 for current employees and $22,000 for retirees and COBRA), maintaining the City's current funding strategy. Summary: The contract with the City's current medical insurance provider, United HealthCare, expires on December 31, 2004. Based on the anticipated renewal from United HealthCare for 2005, the City elected to go out for RFP. The City Benefits Committee evaluated RFP responses from five major carriers, ultimately reducing the number to four finalists. The finalists were scored and ranked by the Committee based on cost, ability to perform, adequacy of network, "AM Best" rating, and experience with other government agencies in Florida. Bya vote of 10 to 4, the City Benefits Committee selected Cigna Healthcare. Both staff and the Benefits Committee recommend Cigna Healthcare be awarded a one-year contract to provide City medical insurance coverage for calendar year January through December, 2005. The new plan would result in a 5.2% overall increase in premium costs. The coverage would maintain the City's existing plan structure consisting of HMO and POS standard and buy-up options, an open access network of providers and facilities, and maintenance of all current benefit levels, with decreases in the cost of 30-day supply prescription co-pays for the buy-up plans, and across the board decreases in the cost of 90-day supply prescription co-pays. Additionally, staff recommends continuing with Bradman/Unipsych for EAP and mental health/substance abuse coverage for City employees and their covered dependents for 2005. This is without a rate increase. For fiscal year 2005, the City has budgeted approximately $11,133,650 for the City's share of medical insurance coverage. The City's estimated share of these expenses for FY OS, which covers three months of the current contract and nine months of this proposed contract, is $10,400,000. The difference between budgeted and actual costs, estimated to be $733,650, will be deposited into the Premium Stabilization Fund. This will help replenish this fund, which had been reduced by approximately $740,000 in FY2003 and $90,000 in FY2004. Costs related to this contract for coverage from October through December 2005, estimated to be $3,675,000, will be budgeted as part of the fiscal year 2006 budget. Staff also recommends that the current funding strategy for City contributions to health care representing 100% of the HMO Standard cost for "Employee Only," 75% of the HMO Standard cost for "Employee plus One," and 68% of the HMO Standard cost for "Employee plus Family," applied to the tiers in the HMO Buy-Up, POS Standard, and POS Buy-Up plans respectively, be maintained. Originating: Human Resources Section: Other items on City Manager Reports City Council Cover Memorandum Cateaorv: Agreements/Contracts - with cost Public Hearina: No Financial Information: ~ Operating Expenditure Bid Required? No Bid Exceptions: Impractical to Bid In Current Year Budget? Yes Budaet Adjustment: No Current Year Cost: $10,400,000.00 For Fiscal Year: 10/01/2004 to 09/30/2005 Not to Exceed: $14,500,000.00 Aooropriation Coders) 0590-07000-545600-519-000 Amount Comments Medical insurance 0590-07000-545601-519-000 EAP Review Approval Karen Dombrowski 10-05-2004 14:02:56 Garrv Brumback 10-06-2004 10: 16:03 Leslie Douaall-Sides 10-05-2004 14:39:23 Bill Horne 10-06-2004 11:38:46 Cyndie Goudeau 10-06-2004 11:58:48 13> . I. City Council Cover Memorandum Tracking Number: 894 Actual Date: 10/07/2004 Subiect / Recommendation: Adopt Resolution 04-33, confirming a declaration of a State of Emergency; establishing emergency procurement procedures, and establishing emergency employee work schedules beginning September 25 at 12:30 p.m. and ending on September 26 at 7:00 p.rn due to conditions surrounding Hurricane Jeanne. Orioinating: City Attorney Section: City Attorney Reports Category: Code Amendments, Ordinances and Resolutions Public Hearing: No Financial Information: Review Approval Pam Akin 10-05-2004 13:29:20 Cvndie Goudeau 10-05-2004 13:31 :32 RESOLUTION NO. 04-33 A RESOLUTION OF THE CITY OF THE CITY OF CLEARWATER, FLORIDA, CONFIRMING A DECLARATION OF A STATE OF EMERGENCY AND ESTABLISHING EMERGENCY PROCUREMENT PROCEDURES; ESTABLISHING EMERGENCY EMPLOYEE WORK SCHEDULES; PROVIDING AN EFFECTIVE DATE. WHEREAS, a state of emergency in the City of Clearwater was proclaimed by Frank Hibbard, Vice Mayor, on September 25, 2004 based on conditions surrounding Hurricane Jeanne; and WHEREAS, the entire City of Clearwater is threatened by the wind and rain and attendant disruption of services and coastal areas are threatened by storm surge attendant to the arrival of Hurricane Jeanne; and WHEREAS, conditions arising from the above-stated emergency have necessitated the establishment of emergency procurement procedures; and WHEREAS, conditions arising from the above-stated emergency have necessitated the establishment of emergency employee work schedules and compensation; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA; Section 1. A declaration of a state of emergency proclaimed on September 25,2004 is hereby confirmed. Section 2. It was necessary to establish the following emergency procurement procedures: . The bid/quote requirements were suspended; . Awards of contract for specified department directors were increased from $25,000 to $50,000; . The City Manager and Assistant City Manager were authorized to award contracts without bid through $100,000; . The City Manager had emergency authority above $100,000, but must present an after action ratification item to the City Council for approval at the next available Council Meeting; . Purchasing card dollar limits for single and monthly transactions and their usage (number of transactions) were increased to as much as $100,000Itransaction and $500,000/month for personnel specifically approved by the City Manager; and Resolution No. 04-33 . Department directors involved in emergency and public services and other selected personnel were increased to a "reasonable" amount with the top limits reserved for the City Manager and Assistant City Manager only. Section 3. It was necessary to implement emergency employee work schedules and compensation in accordance with established city policy and procedure as deemed appropriate by the City Manager. Section 4. This resolution shall take effect on September 25, 2004 at 12:30 p.m. and shall terminate concurrently with Pinellas County's Declaration of a State of Emergency. PASSED AND ADOPTED this day of 2004. Attest: Cynthia E. Goudeau, City Clerk Brian J. Aungst, Mayor Approved as to form: Pamela K. Akin, City Attorney Resolution No. 04-33 City Council Cover Memorandum Tracking Number: 899 Actual Date: Subject / Recommendation: Appoint one member to the Community Development Board with the term expiring on February 28, 2005. Summary: tl; , i City Council Cover Memorandum BOARD: Community Development Board TERM: 4 years APPOINTED BY: City Council FINANCIAL DISCLOSURE: Yes RESIDENCY REQUIREMENT: City of Clearwater SPECIAL QUALIFICATIONS: board shall include members qualified and experienced in the fields of architecture, planning, landscape architecture, engineering, construction, planning & land use law and real estate MEMBERS: 7 & 1 alternate CHAIRPERSON: Ed Hooper MEETING DATES: 3rd Tues., 2:00 p.m. PLACE: Council Chambers APPTS. NEEDED: 1 THE FOLLOWING ADVISORY BOARD MEMBER(S) HAVE TERMS WHICH EXPIRE AND NOW REQUIRE EITHER REAPPOINTMENT FOR A NEW TERM OR REPLACEMENT BY A NEW APPOINTEE. 1. Ed Hooper - 2460 Northside Dr., #402, 33761 - Original Appointment 02/01/2001 Interest in Reappointment: No (Resigned) THE FOLLOWING NAMES ARE BEING SUBMITTED FOR CONSIDERATION TO FILL THE ABOVE VACANCIES: 1. Daniel Dennehy - 1925 Edgewater Drive, 33755 - Motel Owner (Currently on board as Alternate) 2. Tom Calhoun - 2421 Old Coach Trail, 33765 - Realtor (Yes to alternate seat) 3. Norma R. Carlough - 1756 Ashton Abbey Rd, 33755 - Retired/Business Mgt. (Yes to alternate seat) 4. William R. DiMarino - 2821 Lafitte Court, 33761 - Founder and President of WRD Construction Consultants (Yes to alternate seat) 5. Robert P. Fernandez - 301 N. Hillcrest Drive, 33755 - Retired Vice President Operations (Yes to alternate seat) 6. Nicholas C. Fritsch - 1310 Gulf Blvd. #8-D, 33767 - Retired (Economics) (Yes to alternate seat) 7. Rita Garvey - 1550 Ridgewood St., 33755 - Former Mayor (Yes to alternate seat) 8. Aaron D. Greenberg - 142 Bayside Drive, Clearwater Beach, FL 33767 - Zoning Attorney & Developer (Yes to alternate seat) 9. Douglas L. Hilkert - 1515 Midnight Pass Way, 33765 - Attorney (No to alternate seat) - No Board Questionnaire Included with Application 10. William L. Johnson - 479 East Shore Dr., #1, 33767 - Real Estate City Council Cover Memorandum (Yes to alternate seat) 11. William P. Kirbas - 34 Bohenia Cir" N., 33767 - past member Parks & Recreation Board/Financial Advisor (Yes to alternate seat) 12. William J. McCann, PE - 1563 Turner St., 33756 - Professional Engineer & Planner (Yes to alternate seat) 13. Kelly Sutton - 1711 Ashton Abbey Rd., 33755 - Env. Engineer/Consulting (Yes to alternate seat) 14. Dana K. Tallman - 3033 Pin Oak Drive, 33759 - Environmental Engineer (Yes to alternate seat) Zip codes of current members: 3 at 33755 2 at 33759 1 at 33761 2 at 33767 Oriainating: Official Rec and Legislative Svc Section: Consent Agenda Cateaory: Other Number of Hard Copies attached: 0 Public Hearino: No Financial Information: ~ Other Review Aooroval Cvndie Goudeau 10-06-2004 15:00:34 RECEIVED DEe 02 2003 CITY OF CLEARWATER - APPLICATION FOR ADVISORY BOARDS (must be Clearwater resident) OFFICIAL RECORDS AND LEGISLATIVE SRVCS DEPT 'be~~\ Name: G A."-l\@" \"I1-S"" EO~G'~~e(L C-Le~l\wkta Telephone: l..l9~' 4400 How long a resident of Clearwater? 4 ~L<; Occupation: NOlm.. O'NNeL Field of Education: ~ It-.> A~\1l;C\UlU; - NV'VJ YoQ..k \ N<;(t\\.Kc (k \eO-\'~oc..~ \ t1j It; - \~ 9)-e, \J1l-\ \Ie Zip ?~ lSS" Office Address: ~M6 Home Address: Zip Telephone: 44\. '1-~s- Employer: Sc.....P Other Work Experience: ~ e:,1~ ~ r--'\A~~tiM~, A~ lL~~.-OPM~ If retired, former occupation: Community Activities: CyA;Ifl..MW ~ 1cG6 Cu.~tulOO- ~I~) t1~bJL ~ L,.t,\Ol\ffi- C?\A""b~ o~ 0Jf'-\M~ ,F-OvNOtrQ ~ Ct~~ {LPlDl:1MrM Other Interests: ~)^M) H~~~ ()~ Y'e ~~l\c.. ~rlRwr; ~ TL4a" ~~ ~M..qp, Board Service (current and past): Board Preference: '},ai::, CuA.JT~_ ~ON COMM1f1JT) - C D P; ~\\\..,"""~ Additional Comments: " ~ Sign~ ~~ " Date: 1~ l\ ()~ See attached list for boards that require Financial Disclosure at time of appointment. Please return this application and board questionnaire to: Official Records & Legislative Services, P. O. Box 4748, Clearwater, FL 33758-4748 or drop off at City Hall, 2nd Floor, 112 S. Osceola Avenue. BOARD QUESTIONNAIRE 1. What is your understanding of the board's duties and responsibilities? \tJe c..D~ IS Q.ec;p(J~ltJu:; ~(}L W\.J\~ ~ ftfPf2..0vro- ($:- All.. "20N\,,->c, Ar-J) LAN) lhe I~l>es \(,AIq ~\~ flOCO"'^"'1\)oN()<) Al-c .... \(T'\ II'.) COM PUA-,.,c....O' ~ C\. )Q..\.A"~ V'_G'C1\J\...^'--T\oN'" 2. Have you ever observed a board meeting either in person or on C-View, the City's TV station? "{~. 3. What background and/or qualifications do you have that you feel would qualify you to serve on this Board? \ QxL.-e\\It'C A ~ ~fLte It-...,) AIl-VuI('tJ~I')/L.C .AIv() ~ ~Q...kro F'OL YRN\.~ fo,S Ac..) ,...t\.,c..u~ ~ '5~ ""~l'-J,l\,,~ '. J1~ MAt-. )~~GiL ~ ~\:)\"'CJPcQ.., \ A.M A.\.~ A LAND A-M) ~\JSI N~<::> o~--Q.... I~ lL.lf.; CI'1....r Ot: Cl..... eA~J......) Pi'i,,-.n- . 4. Why do you want to serve on this Board? ~EL'P.V~ IU.~\ C\....e'A;"-I,.,.)~ IS 01'..) A PK7Ut tip- C;n...ou.sl\...\ ~ \t-'\~O-d\MV\ ~ o~ Q...e~ ec:;,k\6 \ )A.~\'J"<n f\...JO 1 I' ~ \ \.1vOV\.....~ "-\~ \0 l...\-~~ fz.t;t"i"'? ~ p\!U Cl,.tJAI2- AI't\ Cot-JS\'Sl~ v....Jh\.~ -tt46 G,o~<:, ot= out.. CO""l M\llU,,'( N.m~ Al>l' ~'- '~e.vt-JIl1>~ Board Name: C. 'U ~ ~ Name: RECEIVED JAN 2 9 200\ CITY OF CLEARWATER .,APPLICATION FOR ADVISORY BO~ RECORDS AND ,_----- /VmuS~~Clearwater resident) LEGISLATIVE SRVCS DEPT / dM vtt:?41;v/l/ Home Address: ~ ~r: ~ f/cZ/ v.'(p/ &pc hi. '/ /t,~~m ~.v ~ (!//~d~ . ~1)6..s 01. ;g,~~~4~'ZlzjD ~J;>6/ / Telephone: 7::2) ?/dl 9/;>3- Telephone: /2. "::>' YJ-1, I./~/ How long a resident of Clearwater? ~ '1; c Occupation: ~ -ea I h;- . Employer: Field of Education: other Work Experience: t;~"1I-/ ~~; ~ ~ ~" / r . If retired, fanner ~pation: . I. 1r::~ h' ........r w,,"-:: Community Activities: :;;,(? rf ~ J~f A'A,Lf/ ol'~f;' /</0 .(~~r'l'?/) er Interests: Service (current and past): r.6 t/l.. 121./ 1'/",' ~..J ..2 nJ ! Boa.rd Preference: / ~~~:~f2'j /J,. ~ c ."J- I2bC ~;;;.~ -<nJ 1 Additional Comments: /!,/ h >~uf .J s~e~'~_ Date: /~..:L~~~y See attached list for boards that requir8 Financial Disclosure at time of appointment. Please return this application & board questionnaire for each board listed to: City Clerk's Department, P. O. Box 4748, Clearwater, FL 33758-4748 or drop off at City Hall, 2nd Floor, 112 S. Osceola Avenue i 10/0~/2004 10:28 17277129173 TOM CALHJUN PAGE 02 BOARDQUEST~N~RE your understanding of the board's duties and responsibilities? 2. Have you ever observed a board meeting either in person or on C-VIeW, the City's TV station? _I. ~ ~_ A}/' .:L~ 412 ' 5:.1~~ ~..,~ ___ f'7f?'1A., L-,~. 3. What background and/or qualifications do you have that you fee' would qualify you to serve on this Board? ?-' ~~ / .ks (7d:u) ad-A/' ~"""#A/~ j<f7JV:f~r 5c8-/ 1121/136/2004 10: 28 17277129173 TOM CALHOUN PAGE 01 ~. Id ~.me: .~:rtA- 4)J.. --- S? -:J. . ~ cJFrt BO.....~Naffle:- ' U rr:m ~ V !u. (1ltv~ till '1J;J. 9/;l / J4, : ?I,) · 9'// ..? ~~ . ~ 4<e st>.w.vq/;"'" CITY OF CLEARWATER - APPLICATION FOR ADVISORY BOARDS dmust be ,Clearwater resident) RECEIVED Name: ~ of-m t4 K, (!f-tp(_O l~ C' If AUf) ~ ' iiI" 2 2004 Home Address:/). ' /l _ Office Address: I 7 c;G /~H TO IV t1l5 BE- Y fj) OFFICIAL RECORDS AND n 1" LI!GISLATI'y"! 5R'vl,;s DEPT ~C:fJRllJlt- Tf 1< ZiD-33/~)/ Zio Telephone: 'I <../ c3 \ 3 b 3 0 Telephone: How long a resid,t of Clearwater? .3"3 Y R ~ Occupation: -k. k: T I f!.,f:..b Field of Education: BU5/AJESS alC! If retired, former occupation: Community Activities: [ , Other Interests: Board Service (current and past): ,.., i'1 /7 t.nb Board Preference: QiJ.h Additional Comments: I IV rt-f-b T Lb I AJ IItf>L ~/ (/VC; ! ~ C) {) KI !JC) f-D R rn oK. L @!fA). C. E.. tv(; I tCG Tf-/ ff'~)./ IC fh8 ,,'Dry -'-, K? / Signed: ,LQ!/ /' ~, / Date: l(.). I, () Y (t)ee. (7)/3, o fl0 Ie 17//1.,1 { ry See attached list for boards that require Financial Disclosure at time of appointment. Please return this application and board questionnaire to: Official Records & Legislative Services, P. O. Box 4748, Clearwater, FL 33758-4748 or drop off at City Hall, 2nd Floor, 112 S. Osceola Avenue. BOARD QUESTIONNAIRE 2.' Have you ever observed a board meeting either in person or on C-View, the Citf} TV station? '-kL1-tc. ~+-~ .h~~, ~ ~~. ~~~CLQO CDB lMQ.-fc4'~ OY\- Q-Ur-<2ll/) \~ ' 3. What background and/or qualifications do you have that you feel would qualify you to serve on this Board? I ,~ ~ ~C j ~. cf) ~ k .{o .~~~ {o ~ C~~ (~ ~~) ~~f- i~) ~ "llLUJd-" Lum-t j '3~-d- ~!"nL eN\. f:tUS S~".!.)S 'Q~-G-~hw I~~IQ' ~ ., ~ ( .-1. ~ ~ ' .) { :J 3 2f';-a, <:3 ~ ~ ~ " U,I\'.w,..,,-IU.- "\ r-,S j ~~ .~ ~ {-'lJu_J-~ r"" <-~ · 4, Why do you want to serve on this Board? ~" ~~ ~ "4lli 1. What is your understanding of the board's duties and res nsibilities? j- 17 / _ ~-~ ~ l\ !\ ( 0 ,U}LeI. -tv !,' '.' _~o (V\.'t\.IU0 W~ . +L.. O~ LU kUS ft\li.LR-~L~ ~ I , -tv ~ ~ 5:' GLA U~^'-o ~.~. Q ~. l .tAl ~L I , - Name: ~ O~/tJ rl f? eM. LD Lt C H- Board Name: Q D 8 CITY OF CLEARWATER APPLICATION FOR ADVISORY BOARDS RESPONSE OF William R. DiMarino, P.E. RECEIVED MAY 10 2004 1. Name: a. William R. DiMarino OFFICIAL RECORDS AND LEGISLATIVE SRVCS DEPT 2. Home Address: a. 2821 Lafitte Court Clearwater, FI 33761 3. Home Telephone: a. 727-772-5769 4. Office Address: a. 2821 lafitte Court Clearwater, FI33761 5. Office Telephone: a. 727- n2-5769 6. How long a resident of Clearwater? a. I have been a resident of Pinellas County for 23 years having lived within, and on the periphery of, the City of Clearwater during that entire time. Specifically within the City limits from 1981 to 1986; in Belleair Beach from 1986 to 2000; in Palm Harbor from 2000 to 2002; within the City limits from 2002 to the present. 7. Occupation: a. Founder and President of WRD Construction Consultants. Please refer to the credentials attached hereto for details. 8. Employer: a. WRD Construction Consultants 9. Field of Education: a. as Civil Engineering w I major in Construction Management from Drexel Institute of Technology 1968. 10. Other Wort< Experience: a. Ucensed Professional Engineer - Florida, Pennsylvania, and New Jersey b. Certified General Contrador - FL #CGC 043446 c. Affiliations I Accreditations - Please refer to the credentials attached hereto. d. Detailed experience - Please refer to the Personal Projeds and Corporate Histories attached hereto. 1 11. If retired, former occupation: a. Not applicable 12. Community Activities: a. Past two (2) term. Vice President of Laurel Oaks Condominium Association. b. Past partial terms as Vice President and President of Chateaux Woods Condominium Association. c. Past Chairman of Laurel Oaks NeighborhoOd Watch Program I Committee working in conjunction with the Pinellas County Sheriff's office. d. Eucharistic Minister - St Michael the Ardlangel Church, Clearwater FI 13. Other Interests: a. Boating b. Local and national sports 14. Board Service (current and past): a. N/A 15. Board Preference: a. Community Development Board - Mr. Mazur's open seat 16. Additional Comments: a. Please refer to Resume, Projects, and Corporate History attached hereto . for additional details of my qualifications. Signed: ~....... William R. DiMarino ~!oy Date 2 BOARD QUESTIONNAIRE RESPONSE OF William R. DiMarino, P .E. 1. What is your understanding of the Board's duties and responsibilities? 8. My understanding of the Board's duties and responsibilities is that it addresses and deliberates matters related to planning and development; it conducts hearings in a public forum; it conducts certain design reviews; it evaluates applications and reviews requests for land use changes and/or potential rezoning; it decides matters, at times, that are not within the discretion of the city's staff; it serves as the planning agency to review and advise the City Commission regarding the City's Comprehensive Plan. 2. Have you ever observed a board meeting either in person or on C-View, the City's TV station? a. I have not specifically attended a meeting nor made presentations to the Board. However, I have assisted in land use, development, as well as code issues that are pertinent to this and other similar Boards in Pinellas and Pasco Counties as a part of my services to Clients and in association with Counsel. Additionally, I have had a long standing relationship with Mr. Mazur and other professionals within the community as well as having observed Board meetings on C-View. 3. What background and/or qualifications do you have that you feel would qualify you to serve on the Board? a. I believe that I am uniquely qualified to serve on the Board. I am a long term resident of Pinellas County and the Greater Clearwater area; am licensed as a Professional Engineer and General Contractor; and deal with issues that the Board addresses as a matter of my profession and services that I provide my clients. I have the ability to make unbiased and professional decisions. And, I have established working relationships within the community for more than 20 years. 4. Why do you want to serve on this Board? a. My appointment to the Board will provide me the opportunity to serve my community and its citizens thus creating benefits with regard to the City's overall vision and development I believe that my technical, professional, and interpersonal skills and abilities can, and will, be assets to the City of Clearwater. ~. Signed: ~ . ~- William R. DiMarino .r);j~ Date Board Name: Community Development Board 3 WRD CONSTRUcnON CONSULTANTS William R. DiMarino, P.E. FL leGe 0434'l6 2821 Lafttte Court Clearwater, FI 33761 (727) 772-5769 (727) n1-7514 (Fax) Email: wrdconsuCverizon.net SPECIALIZING IN .Project Managemert .Plamlng .Schedullng -Estimating .Value EngIneering .ConstructIblllly Review -Owner's Representatives ' -Change Order Control -Inspection .Project Close Out .Claims Prevention .Dispute Resolution Honorable Mayor Brian Aungst and City Council members City of Clearwater 112 S. Osceola Ave. Clearwater, FI 33756 RE: Community Development Board Appointment May 9, 2004 Ladies and Gentlemen, Please accept my application for the appointment to the Community Development Board seat that has been vacated by Mr, Edward Mazur. I recognize that each of you might not have much knowledge of who I am, and/or why I should serve on the Board. However, I can assure you that after you have reviewed my credentials, and been given the opportunity to have met with me, you will condude that I am uniquely qualified for this appointment. The desire to serve the community and our citizens in a productive manner has been a vision of mine for sometime. The opportunity to fulfill this desire was sparked by an email sent by Mr. Chuck Warrington to me and other members of the Florida Engineering Society seeking a candidate to fill the SQard vacancy. Subsequently, I sought the advice and counsel of Mr. Mazur, other Engineers, as well as respected business men within the community who have come to know me over the years. Having heard their opinions I conduded that the timing of the position, its challenges, and my skills and abilities were compatible as well as appropriate. I am enthusiastic about this position and would welcome the opportunity to meet with you in the appropriate forum to answer any questions that you might have. Thank you for considering my application. I seek your positive response, and look forward to working with you. Respectfully submitted, 'Mlliam R. DiMarino, ~ Endosures: CDB Application & Credentials , Wdh More Than 35 Years Of Profesaional Experience, We Can Help You If · You're ThInking AbtKI Sterling A Project. You're Involved In A Project Now. Your Project Didn't Meet Your Expec:tatlOIl8 WRD CONSTRUCTION CONSULTANTS SPECIALIZING IN 2821 Lafitte Court Clearwater, FI 33781 '(J27)m-0789 (J27) n1-7514 (Fax) Emsll: wrdconsu~verizon net William R. DiMarino, P. E. FL leGe 043448 -Project Management -PIaming -Scheduling -Estimating -Value Engineering -Con&tructibillty Review -OWner'. ReprlMntaUVes -Change Order Control -Inspection -Project Close O~ -Clalma Prevention -Dispute Resolution RESUME OF QUALIFICATIONS EXPERIENCE: Founder and President ofWRD CONSTRUCTION CONSULTANTS. Prior to fonning his own company Mr. DiMarino ac:quired more than 29 years of professional experience in a broad spectrum of marlcets throughout the United States and overseas with significant and recognized accomplishment in overall management, operational control, and marlceting of construction projects, divisions, and companies. SKILLS: This experience encompassed the executive and operations management, during both design and construction phases, of major projects consisting of educational, judicial, correctional, athletic, healthcare, hotel, convention center, parking, process/chemical, solid waste recovery, water/waste water, corporate, muhi-family, and religious worship facilities. , Management of finances, tradesmen, equipment and materials; coordination with Architects, Engineers and Owners to determine needs, schedules and priorities; scheduling manpower and equipment for maximum utilization and cost containment; development of budgets and estimates; selection and supervision of contractors; establishment and implementation of safety, labor relations and minority participation programs; purchasing supplies, equipment and tools; screening, training, and evaluation of personnel; office functions including procedures, policies, projections, accountingIfund disbursement, management reporting and the ability to maintain positive and productive relationships with employees and clients. STRENGTHS: Analytical, thorough, innovative and disciplined...ability to effectively superviselmotivate...to positively influence and inspire confidence... offers first-rate personal presentation, attitude and mannerisms... willingly accepts responsibility. EMPLOYMENT: 1993 to Present - President WRD CONSTRUCTION CONSULTANTS - Clearwater, Florida Duties - Complete ownership, operational control and performance of professional services of a coosulting firm which specializes in Planning, Management, Inspection, Owner's Representation, and Dispute Resolution Services for Owners, Architects, Contractors, Financial Institutions, and Attorneys in the public and private sectors. WIth More Than 35 Yea,. Of Professionlll ExperIence, We Can Help You If - You're Thinking Abow Starting A Project - You're Involved In A Project Now - Your Project Oldn't Meet Your Expectations 1986 to 1993 - Proiect bKutive Gilbane Building Company - Providence, Rhode Island Duties - Total responsibility for multiple projects, staffs, and a division office. Major accomplishments included completion of 5300MM of various facilities on time, within budget, and at increased profits. Negotiated a long-term contract agreement with a major client, as well as established corporate relationships with Owners and NE's. Selected as 1 of only 13 instructors to design and implement a 52MM corporate training program and conducted more than 30 seminars over 6 years. 1985 to 1986 - Vice President OoeratioDS Peter R. Brown Company, Inc. - Largo, Florida Duties - Total responsibility for operations of $45MM1yea.r Company. Instrumental in complete PIL turnaround of company from 5300,000 loss to 5250,000 profit in one year. Developed and implemented systems and policies which resulted in improved project and office efficiencies; increased billings and collections; shortened project schedules and improved safety records. Successfully negotiated major contacts with Owners resulting in timely and profitable delivery of facilities. 1984 to 1985 - OueratioDS Muuer Federal Construction Company - St. Petersburg, Florida Duties - Operations management of multiple projects ranging in cost of $4MM to 525MM in the public and private sectors including healthcare and correctional facilities. 1980 to 1984 - Construction Manger Procon. Inc. - Des Plaines, minois Duties - Total responsibility from bid phase to operations for all facets of construction involving major contracts; supervision of 600 st:aft: tradesmen, subcontractOrs, etc.; completed $75MM Solid Waste Recovery facility in Pinellas Park, Florida 3-1/2 months ahead of schedule, and a $125MM Anhydrous Ethanol plant. 1968 to 1980 Fluor E&C Inc. - Los Angeles, California Held various positions from Field Engineer to Superintendent on numerous chemical, synthetic fuel and petrochemical facilities throughout the United States and overseas ranging from 590MM to $2.4 billion. Additionally was assigned as assistant to V.P. Construction for 2 years monitoring and coordinating execution of worldwide projects. 2 EDUCATION: BSCE. Civil Engineering - ~or in Construction Manaeement Drexel Institute of Technology - Philadelphia, Pennsylvania LICENSES I AFFILIA nONS: Professional Engineer - FL, P A, NJ Certified General Contractor - Florida #CGC 043446 National Society of Professional Engineers - Member Florida Society of Professional Engineers - Member Professional Engineers in Construction - Charter Member American Society of Civil Engineers - Member American Arbitration Association - Past Panel Member American Bar Association - Associate Member ACCREDITATIONS: Past Adjunct Professor, University of South Florida. Having also taught Communications, Field Engineering, and Construction Management seminars, as well as being a guest speaker at a number of professional and civic functions. 3 ... j ~z J b ... (5 ~ ~ tli. . . E ~ ... ~ B ... ~.... . I ,u 'fi t ~ ~ ~ l l l ~ l h' II' ! ! H t.I.1 8 8 8 ~ ;g :g :g ~ :g :g :g ~ i2.8 1 1 ~ ~ . 5 i 5 !.~ .!! 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JI I i j .s B ,~ ,j Q)~ ,~ 'J '3 fill B 1 ,~ u 8 H J~ I:~ ~ '; 8 I:~ II 'E J~ I ~'E t J~ Q) e Q) I {/} ~c2 ~ {/} . ~"s ti ~ ii: ~ f 1 p., 1 ti: ! ti ti: f j j i u ti: - cl f ~ '- ,~ ~ j f .a ~ ,~ 'I:: ~ ~ - .9 f-4 f-4 f-4 ~ U ~ p., J~i~ , 0 ,~ .~:E ,! ... ~ g {/} .~ ......"s I .f 8 -n l rn Jl ~t I! = ~lcS 1 8 ~j .!~~ 0 I) u ~ 'fj ~ ;sf ! I ~ j ~< i~U] ~8 U-~ U t813g {/}u ~j rni ~1 ~~.~ u1 ~r 1,1 ~ 8 ~~ i sfH8j \O~~ ~f 'ij~ j ~~ ~ 'G i ~Uuon~. ~i J ~ \0 e ~ ).1,1 ~ 0 ~ ~i~l' -6~ ~! ~,t ~u~ Z{/}Z -~ ~::EfIl ~ ~ ::E ::E ~ ~ ~ ~ ~ ~ ::E \0 Z Z Z - N \0 roo: N - ~ - ~ - - 0 ] i ) ) 8 j 0 0 1 ! 'i 'i 'i ) ~ ,- ~ ,- '5 ~ ~ foil ~ ~ ::f::' > ..: I 1 1 .f I J I f .... u t5 f~ ~~ {/} ~ j ~ i3 ~ ~ ~ 5 ~! {/}< i< ~ ~ ~ i u< ~ ~ Ii z ~ ~I ~,r < ~ B ~~ ~ g .!I < !~ ~1 ~ :.= U ~ .... :Z=u -8~ ~~ ":t ~ ,: RECEIVED CITY OF CLEARWATER - APPLICATION FOR ADVISOR\'Otl~ (must be Clearwater resident) Of FII': IAL RECO;~DS AND I.EC:;j;';i.ATiVE SRVCS DEN Name: Robert P. Fernandez Home Address: 301 N. Hillcrest Drive Clearwater. FL Zip 33755 Telephone: (727) 461-7674 How long a resident of Clearwater? _ 21 yrs. Occupation: Retired Field of Education: Hhzh School. and courses at Nia2ara Commun, College and Bryant & Stratton Business CollelZe Office Address: Zip Telephone: Employer: Other Work Experience: Consultant in establishing community markets in the state. Worked with develooers in establishing sites for retail locations while emploved with a maior corporation before retirement. If retired, former occupation: Vice President Ooerations. Convenient Food Mart stores Community Activities: Volunteer Friends of the Library book store: General Manaller of Downtown Clearwater Farmer's Market . Clearwater Main Street Joint Venture active member, Reeularlvattend state auarterlv meetimzs. Other Interest: Board Service (current and past): Downtown Development Board current Ci~ Design Review Committee past Enterprize Zone board current Jolley Trolley Board Member current DirectorFI. Assoc. of Communi~ Farmer's Markets Board Preference: Community Development Board Additional Comments: Active oarticiDant and event planner in Clearwater community Sign<j?Jd{f};4--./f Date: #t'1 ~tJf See attached list for the boards that require Financial Disclosure at time of appointment. Please return this application & board questionnaire for each board listed to: City Clerk's Department, P.O. Box 4748, Clearwater, FL 33758-4748 or drop off at City Hall, 2nd Floor, 112 S. Osceola Avenue !!!" BOARD QUESTIONAlRE 1, What is your understanding of the board's duties and responsibilities? Familiarity with development and zoning requests as well as land use Dlan changes and rezoning. Also serves as a member of local plannin~ agency. 2, Have you ever observed a board meeting either in person or on C-View, the City's TV station? Yes - C- View and in oerson, . 3,What back-ground and/or qualifications do you have that you feel would qualify you to serve on this Board? Knowledge of city and Clearwater's Visions and Values with experience as an executive and decision-making ability '. 4. Why do you want to serve on this Board? I feel I have the advantage of insight in all city 20vemment ooerations relating to impOrtant city deve10Dment matters. Since I am retired I have the time and dedication and inte2ritv to serve on this board. I would not Rain personally as I am not involved in any maior real estate. consultant or development opportunities. Am very interested in taking part in the planned develooment to lead Clearwater into the future and would review each issue before the board with due diligence., Name: Robert p, Fernandez Board Name: Community Development Board j ft,.".. efr\' ! .. CITY OF CLEARWATER - APPUCATlON FOR ADVISORY BOARDS.. . (must be Clearwater resident) ..' ; Employer: retired Other Work Experience: Pinellas County General Services and Purchasina If retired, former occupation: DeDt Head of mechanical trades at a Dharmaceutical research & administration camDUS. Community Activities: Pinellas County - General Services intern and "Partner in Proaress Award nominee" 1995. Sand Key Civic Association - Dast 1st vice-Dresident and treasurer. Citizens for a Better Clearwater. Bia Brothers and Bia Sisters of Pinellas County 1999-2001. Paint Your Heart Out Clearwater 2001. 2002. Other Interests:Attendina NASCAR races and tennis Board Service (current and past): current. Board Preference: secretary. Purdue University Club of Tamoa Community DeveloDment Board Bay Dast - 1st vice-oresident & treasurer of Sand KeY.Association. Jollev Trollev Board Additional Comments: I eniov beinG active in issues that are imDortant to the City: esoecially economic develoDment and I resoect the city leaders and staff. Name: Nicholas C. Fritsch Home Address: 1310 Gulf Boulevard unit 8-0 Clearwater. 33767 Telephone: 595-6528 How long a resident of Clearwater? eiaht years Occupation: retired Field of Education: Economics Office Address: retired Telephone: nla Signed: Date: March 22. 2002 See attached list for boards that require Financial Disclosure at the time of employment Please return this application and board questionnaire to the City Clerk's Dept. BOARD QUESTIONNAIRE 1. What is your understanding of the board's duties and responsibilities? The board receives reauests for variance. rezonina and apoeals to the City's Land Use Plan and CommunitY Develooment Code. It evaluates the aDDlicanfs written submission aaainst the aoolicable sections of the code and or olan, Following the oral presentation bv staff and the aDolicant. the board discusses the relevant fads and issues: ultimately rendering a decision to recommend to acceDt or deny the apDiicanfs Drooosal based on its merits. For flexible develooment DroDOsals, it has final authority, 2, Have you ever observed a board meeting either in person or on C-View, the City's TV station? Previouslv. I have sooken in SUDOOrt or oODOsition to Drooosals to the CommunitY Develooment Board or its' oredecessor on three occasions. Additionally. I have watched the Droceedings on several occasions, 3, What background and/or qualifications do you have that you feel would qualify you to serve on the board? I have olanned or directed the mechanical maintenance or coordinated the construction of a variety of buildinas and on-site utilitv distribution systems for more than eiaht years, These aualifications will offer the board some additional insiaht into the imoact of the proposals on the land and city infrastructure, In addition. I was the coroorate administrator of the emDloyee suagestion plan for more than 5 years which evaluated approximately 40.000 ideas with annual cash awards of $300.000 to more than $750.000 a vear. Judaing and insuring the fairness and eauity of that volume of personal ideas with often misoerceiyed value by the employee is oretty touah evaluation. Among those 40.000 ideas onlY one was aD pealed outside of the routine Dracess and it was uDheld in a private meetina with the chair of the camorate committee. the emDloyee and mvself. 4, Why do you want to serve on the board? I n the course of my contact with city commissioners. boards and staff I have endeavored to offer my opinion with resoect and intearitv, I love the City and wish to contribute to its strengths and vitalitv, Bioaraohical Sketch 1 Nicholas C. Fritsch Personal: · Married, wife Jena 23 years . Son, Allen · Daughter, Nicole · Clearwater resident 1993 to present 1310 Gulf Boulevard Unit 8-0 - 595-6528 - Email: njonbeach@email.msn.com Education: · Butler University - 12 graduate credit hours towards Master's Degree .. Purdue University - Bachelor of Science in Economics Work Experience: Eli Lilly and Co, (pharmaceuticals) 27+ years retired 1993 · Facilities management - Dept. Head - mechanical trades for research & administration - Senior project engineer - facilities services · Materials management - Dept. Head - warehousing and receiving - Buyer - purchasing equipment and supplies Pinellas County 1995-1997 · General Services - Engineering Specialist I - construdion of Criminal Justice Center and Jail · Purchasing - Assistant Director KePro Inc. (Medicaid contractor) 1994-1995 · Manager, Administrative Services Military Experience: · Viet Nam veteran and activ& dUty during Desert Storm · U.S. Army and Reserves - 30 years, retired · Colonel, Military Intelligence 1 As of March, 2002 Community Service: · Pinellas County - General Services intern .Partner in Progress Award nomineen 1995 · Big Brothers and Big Sisters of Pinellas County 1999-2001 · Paint Your Heart Out Clearwater 2001-2002 . Sand Key Civic Association - past 1 It vice-president and treasurer and liaison to Barrier Island Government Council (BIG-C) · Jolley Trolley - past board member 1997 · Purdue University Club of Tampa Bay, secretary · Professional Placement Network for Pinellas County, past president Professional associations and experience: · Past President, VP and Board Member, International Employee Involvement Association (formerly, the National Association of Employee Suggestion Systems) · Reserve Officers Association - Life Member . Purdue University Alumni Association - Life Member · Community Association Manager license (inactive) Hobbies: · Volunteer service · .Attending NASCAR races . Tennis y' .f J:. ,.' Name: CITY OF CLEARWATER - APPLICATION FOR ADVISORy~~QFIVED (must be Clearwater resident) JUN 20 2001 trrll- GkU Ej ony CLERK giR\RlMIiNT Home Address: Office Address: l~ ~ D RJ.1J Gf tJ.) () 0 fJ S r . ('JLW ~. zic337SS- ZiD Telephone: 7;) 7 - L/t/~ - . ?J~cfs- Telephone: How long a resident of Clearwater? ~ Occupation:_U /()~ Employer: . J14--S . . ~~ r~ If retired, former occup Community Activities: ~!. ,... Board Service (current and past): L J :M~--ty I5lJf~f\ Board Preference: ~. /JwJ e /rd/I!UI/fi.I-X;~ . Additional Comments: Signed: Date:J - It} - () I See attached list for boards that require Financial Disclosure at time of appointment. Please return this application & board questionnaire for each board listed to: City Clerk's Department, p, 0, Box 4748, Clearwater, FL 33758-4748 or drop off at City Hall, 2nd Floor,112 S, Osceola Avenue V'V/01.~ ILup OYL.J~ ~ BOARD QUESTIONNAIRE .; r 2, Have you ever observed a board meeting either in person or on C-View, the City's TV station? Jf~ - r!Y\.f-Vi"UQ 3. What background and/or qualifications do you have that you feel would qualify you to serve on this Board? ... P~~1f'- ~~ 4. Why do you want to s~rv. o~ this ~ '~ j-~A~. ~. I - J~\It-1::t Name: Board Name: t/)6 RECEIVED AUG 23 2004 0.r-:.IC/AL RECORDS AND CITY OF CLEARWATER - APPLICATION FOR ADVISORY'~~~8sRVCS DEPT (must be Clearwater resident) Name: Aaron D. Greenberg, Esq. Home Address: 142 Bayside Drive Clearwater Beach, FL ZiD 33767 Telephone: (727) 445-9003 How long a resident of Clearwater? 2~ years Occupation: Zoning attorney & developer Field of Education: Harvard Law Schoo/- J.D. (1997) Columbia University- B.A. (1994), urban studies major Office Address: 142 Bayside Drive Clearwater Beach, FL ZiD 33767 Telephone: (727) 686-1556 Employer: InterCoastal Habitats LLC Other Work Experience: (See attached resume.) If retired, former occupation: Community Activities: Other Interests: Architecture, history, boating Board Service (current and past): Board Preference: None Community Development Board Additional Comments: Reference: Rosemary Gintv. ESQ.. Vice President for Government and Community Relations, New York Botanical Garden (718-817-8962). Signed: ~ ~ . Date: '1/1.3/04- I f See attached list for boards that require financial disclosure at time of appointment. Please return this application and board questionnaire to the Official Records & Legislative Services Department, P. O. Box 4748, Clearwater, FL 33758-4748, or drop off your application at City Hall, 2nd Floor, 112 S, Osceola Avenue, AARON D. GREENBERG, ESQ. 142 Bayside Drive Clearwater, FL 33767 (727) 445-9003 · Fax (727) 461-4780 Email: aarongreenberg@msn.com PROFESSIONAL EXPERIENCE InterCoastal Habitats LLC - Clearwater, FL (2002-present) Founder and Managing Member . Currently managing development of 6-story, IS-unit luxury waterfront condominium project in Dunedin, FL. . Responsible for all zoning approvals; overseeing all legal work, budgeting and marketing efforts; producing all sales materials; negotiating financing and all contracts, Wachtel & Masyr, LLP- New York, NY (1997-2002) Associate, Land Use and Zoning practice group . Represented clients on residential, commercial and retail projects in New York City with particular experience in managing complex multi-agency development approvals for mixed-use urban projects. . Performed zoning analysis, development feasibility studies, architectural plan review, and community relations, · Wrote zoning opinion letters and certifications, environmental assessment statements, development agreements, restrictive declarations, contracts, and press releases. Prepared and reviewed environmental impact statements. · Coordinated lobbying and planning efforts with daily interaction between clients, architects, engineers, environmental consultants, traffic consultants, numerous city and state administrative agencies, Offices of the Borough Presidents, City Council, and local Community Boards, · Clients included The Related Companies, The Home Depot, Target, Forest City Ratner, Costco, Blumenfeld Development Group, Edison Parking, ZeckendorfRealty, Gotham Development, Hines, and various educational and non-profit institutions, Altman Kritzer & Levick, PC - Adanta, GA (1995) Summer Associate, Real Estate practice group . Performed contract and lease review and legal research. Wrote chapter of book, Key Shopping Center Legal Issues (International Council of Shopping Centers, 1995). Greenberg Farrow Architecture - Atlanta, GA (1990-1994) Summer intern · Model-making, logo design, presentations, computer aided design and drafting with working ability in AutoCad and Adobe Photoshop, EDUCATION Harvard Law School, J.D., 1997 (magna cum laude), Columbia University, B.A., 1994 (summa cum laude), major in Urban Studies. BAR MEMBERSHIP Admitted to the Bar in Florida and New York. References available upon request. BOARD QUESTIONNAIRE 1. What is your understanding of the board's duties and responsibilities? The CDS decides discretionary land use approvals in accordance with the criteria of the Community Development Code. The Board also hears appeals from Planning Department decisions and makes recommendations to the City Council on zoning and land use plan amendments. 2. Have you ever observed a board meeting either in person or on C-View, the City's TV station? I watch Clearwater COB hearings regularly, and I have testified numerous times as an applicant before zoning boards in other municipalities. 3. What background and/or qualifications do you have that you feel would qualify you to serve on this Board? I have extensive familiarity with the issues of land use regulation due to my experience as both a zoning attorney and a real estate developer. I believe I can decide cases with the fairness and insight of a practitioner who appreciates the economic, architectural and regulatory factors that influence development. 4. Why do you want to serve on this Board? I want to assist the Board in improving Clearwater's neighborhoods by nurturing economic growth in a deliberate, responsible and intelligent manner that will safeguard the character of the community. I believe we can hold developers to a higher standard while simultaneously creating a hospitable growth environment. Name: Aaron D. Greenberg, Esq. Board Name: Community Development Board No Board Questioill1aire included with the Application CllY OF CLEARWATER - APPLICATION FOR ADVISORY BOARDS (must be Clearwater resident) Name: Douqlas L. Hilkert Home Address: OffIce Address: 2227 Habersham Drive Clearwater, FL 2557 Nurserv Road, Suite A Zio 33764 ~leBrvat.er. F!. Zip ~3764 Telephone: (7'7 \ ~2~_ 14 ":lQ How long a resident of Clearwater? Occupation: Attorney Field of Education: B.A. Southern.Nazarene University Telephone: (727) 507-9559 4~ years (25 plus in pinellas County) Employer: Dougllls I Vilkvrt II 1 Other Work Experience: J.D. st..t.Q~ nniv.rRit.v CollAU. of Law If retired, former occupation: Community Activities: Chairman Plilnninq and zoning Board.; Vioe-Chairman ~nar~Ar ~AviA~ ~~mmi+.+... Other Interests: Board SeNiee (current and past): P & z Board Preference: CDB Charter Reyle" Additional Comments: S~ned: ;)fI/ Date: February 15, 1999 See attached list lor boards that require Financial Disclosure at time of appointment Please return this application & board questionnaire for each board Osted to: City Clerk's Department. P. O. Box 4748, Clearwater. FL 33758-4748 or drop off at City Hall, 2nd Floor. 112 S. Osceola Avenue I {''"I/O 1- \I~;l.({e.d lllld/()d,. - l l CO"1+j~v -ed (V\-\<re.S+ ~ l of I Tt:l/Tn 'X\\'I.../ '~~'TU " c\'l'~nn~ C 1/ c_ /nr-:_/"?/ ,n'OT eee~/rT!7n CITY OF CLEARWATER - APPLICATION FOR ADVISORY Bo~EIVED (must be Clearwater resident) MAY 2 8 200~ Name:William L. Johnson Home Address: 479 East Shore Dr, #1 Clearwater Office Address: OFFICIAL RECORDS AND LEGISLATIVE SRVCS DEPT Zip33767 801 West Bay Dr, #406 Largo, FI. Telephone:641-3444 Zip33770 Telephone:447 -0861 How long a resident of Clearwater?20 years Occupation: real estate Field of Education: Univ. of S, FI. BA, Business 1973 Employer: self Other Work Experience: First Federal S&L of Tarpon Springs, 1970-1980, left as Exec, V-P, Rutenberg Corp,_ 1980-1991, Exec, V-P, in charge of real estate_ self-emploved in real estate brokeraae and commercial development since then, Community Activities:Planning and zoning board, city of Clw, and Community Dev, Soard Other Interests:running, exercise Board Service (current and past): P&Z, Community Dev, Board Board Preference: CDS Additional Comments: Date: ~y()1 See attached list for ards that require financial disclosure at time of appointment. Please return this application and board questionnaire to the Official Records & Legislative Services Department, P. O. Box 4748, Clearwater, FL 33758-4748, or drop off your application at City Hall, 2nd Floor, 112 S, Osceola ~venue. BOARD QUESTIONNAIRE 1, What is your understanding of the board's duties and responsibilities? _ _Since I was a member of this board previously I fully understand the duties and responsibilities of the COB board,_ 2, Have you ever observed a board meeting either in person or on C-View, the City's TV station? _To many times to count_ 3, What background and/or qualifications do you have that you feel would qualify you to serve on this Board? _Since I am in the commercial real estate and development field, I deal with engineers, attorneys and planners, tenants and other developers on a daily basis, I also deal with other city governments, county government throughout the state, I have lived out on the beach for the past 20 years, financed many homes in Countryside while at the bank and developed many homes and office building and the north wood plaza area while at Rutenberg. Recently helped in the redevelopment of LaBelle Plaza, Publix, at highland and Belleair, 4, Why do you want to serve on this Board? First and foremost to give back something, my time, to the community and help forge the city into the place I want to live the remainder of my lifetime, I also enjoy the interaction with the other board members and the sometimes tough decisions we are asked to make, I also like to know what is going on in the city and the COB board is next to being on the commission and I don't think the public could take two Bill Johnson's on the board, Even though some people said that they did vote for me this last election, Bill Jonson" they didn't notice the name difference, Name:_Bill Johnson (William) Board Name:_Community Development Board_ . CITY OF CLEARWATER - APPLICATION FOR ADVISORY BOARDS (must be Clearwater resident) Name: WTT.T.T~M P KTT)'RAS Home Address: Office Address: Telephone: 446-4870 How long a resident of Clearwater? Occupation: Financial Advisor Field of Education: Telephone: 34 Bohenia Circle NorthlOO Clearwater, Florida: ~O 33767 lR yp;:!r~ I Employer: Arne~ Express 'R~..\; r~d Other Work Experience: Associate degree, engineering B.S. degree, physics & mathematics M.B.A. deqree, finance & marketinq Maqnetics enqineer P1;:!nt M;:!n;:!~""r General Manaaer If retired, former occupation: n/a Business owner Community Activities: Director. Jolley Trnllp-y. nirpr'tnr ~ VP r1p;:!rw;:!tpr Beach Association Other Interests: Woodworkinq and mechanics Board Service (current and past): Board Preference: Parks & Recreation Community Develooment Board Parks & Recreation Board Additional Comments: Signed: {):/~ Date: A~ril 13. 1999 See attached list for boards that require Financial Disclosure at time of appointment. Please return this application & board questionnaire for each board listed to: City Clerk's Department, p, 0, Box 4748, Clearwater, FL 33758-4748 or drop off at City Hall, 2nd Floor, 112 S, Osceola Avenue RRCEIVED APR 1 ~ 1999 CITY ClE~,K DEPT. BOARD QUESTIONNAIRE 1, What is your understanding of the board's duties and responsibilities? The board assists the Parks & Rec. staff in evaluating current facilities and activities and recommending improvements and capital expansion for parks and recreation facilities to the City Commission. 2. Have you ever observed a board meeting either in person or on C-View, the . City's TV station? A number of times including a four year term as a member of the Parks ane Recreation Advisory Board. 3, What background and/or qualifications do you have that you feel would qualify you to serve on this Board? My prior experience on this board provides me wit~ a thorough appreciation of the board's purpose and responsibility. I have a keen interest in athletics and recreation by way of my ~articipation. I have a sound hackground in finance that could help in prior- itizing evaluated projects. 4. Why do you want to serve on this Board? I'd like to continue working toward the objectives set durinamv previous term in makinq the parks and Recreation Depa~tm~nt the finest in the State of Florida and its facilities and ?rograms second to none that we would be proud of. Name: William P. Kirbas Board Name: Parks R ~.{~FJIVE\D and .R~cr"l=-,a t ion ~\'R 10 1999 K O-nl~ G !TV GLS:\' e:.-, ( . . BOARD QUESTIONNAIRE 1, What is your understanding of the board's duties and responsibilities? The board is a comprehensive administrative board that has assumed reponsibilty of prior multiple board activities involving zoning and land use, development code adjust- ments, design review and planning. It is this board's obligation to conduct public hearings relating to petitions brought before the board by residents and interested parties. 2. Have you ever observed a board meeting either in person or on C-View, the City's TV station? Many times as well as serving on the Parks and Recreation Advisory Board for four years. 3, What background and/or qualifications do you have that you feel would qualify you to serve on this Board? I have the academi~c background and work experience to qualify me in rendering fair and sound judgment regarding matters of development brought before the board. . I have engineering and financial training that would assist me in comprehending and evaluating matters under discussion. 4. Why do you want to serve on this Board? I have been a resident of Clearwater for over 18 years. I've addressed the city commission and various boards relatinq to codes, planninq and zoninq. I'm more than familiar with the affairs of the City, past and present. I'm interested in enhancing tha quality of life for our Name: residents and I would offer my advice to achieve it. Board Name: Communi 8- ~a~JmYJ4j D ~\PE 16 1999 William P. Kirbas CITV CLEl1K OEPT ~ CITY OF CLEARWATER - APPLICATION FOR ADVISORY BOARDS (must be Clearwater resident) Name: V0/hl(ll17 J. /J1 ~C~,J~. * , Home Address: /6(:, 3 TOR,v6IC. Sr~l:c7 tJ~wn~ > FL Zip 3376' ./ Telephone: 7 Z 7- tI'I 3' -7 ~ (.C> Telephone: How long a resident of Clearwater? 5" 1;2,.. eq 1'5 Occupation: P~DFlSS.SIaA/Al.. EAJ~IJE"Ett:. Employer: 1-1. juC. ~ "PU9.vAJEA!:.. Field of Education: Other Work Experience: C!., LJJ L ;- ST;(,.vCTL.J~I"t'- G..;6/~,t'/u' -----,b.( b.t4lsl'Je t:.h'Jli-t ee,V\Vt<1 , err! t f?E""W~L A..~I./,<.J//JtS- -:>")01{ S., 6~\,C"',~..N-- () '-\ lJ/3 -.;2.g~ 1 If retired, former occupation: Community Activities: C)/AJI!.I""~pv. bESI6~ !?61IJe;'''V 13olliteo Ctr)1t!/>>. t:~. f]~E1..J-F}S Cou~ S:'IhJTIF&JL.; 't3DJ/geO .pf DIRiTc:7cte'S Other Interests: Board Service (current and past): V5S(C.~ 7?evlE"V ~l)~eo Board Preference: CoMMVA/I'1 UevB1.LJjP1Y}lJVT ~~~.r;; Additional Comments: ~ Date: ~~ /1 )'111 See attached list for boards that require Financial Disclosure at time of appointment. Please return this application & board questionnaire for each board listed to: City Clerk's Department, p, 0, Box 4748, Clearwater, FL 33758-4748 or drop off at City Hall, 2nd Floor, 11f S. . Osceola Avenue " p 'P ('! E I'i 'D I 0 I _ ko-.-r Ol1lt~+-- ' '-I V!!J D .III~ ((;). _ II" I FEB 1 7 1999 SfTY CJ ,~: -:'''.' DEnT ........'"t" r WILLIAM J. McCANN, P.E.. P.P. Licensed Professional Engineer and Professional Planner 1563 Turner Street Clearwater, FL 33756 727-443-7660 BACKGROUND and PROJECTS CIVIC Chairperson - Design Review Board - City of Clearwater, FL Board of Directors - Keep Pinellas County Beautiful, Inc, Member - Planning Board - Atlantic Highlands, NJ - 1977-78 Member - Zoning Board - Atlantic Highlands, NJ - 1975-76 PROFESSIONAL LICENSES Professional Engineer - Florida - 1996 Professional Engineer - New Jersey - 1972 Professional Engineer - N ew York -1972 Professional Engineer - Pennsylvania - 1974 Licensed Land Surveyor - Pennsylvania - 1980 Charter Member - American Institute of Certified Planners - October 1978 Certified by examination AICP Professional Planner - New Jersey - 1972 EDUCATION Master of City & Regional Planning - Rutgers University - 1978 Bachelor of Engineering (Civil Engineering) - Manhattan College - 1967 RElATED WORK EXPERlENCES and DESIGN Commercial Carnegie Center - Planned Unit Development - 550 acres - 3,3 mill10n SF Planned Corporate Headquarters Office Park. 350,000 SF Commercial retail, 900 multi-family residential units Market Fair at Meadow Road Shopping Center - 350,000 SF Gateway Shopping Center - 225.000 SF CIVIL and SITE DESIGN Planned Unit Developments, fJlanned Residential Developments, Single Family, Townhouses, Condomiums, and Garden Apartments, Retirement Communities, Subdivisions and Site Plans for office buildings and shopping centers Site layout, grading, earthwork quantities, railroad track design, utility services. Drainage systems, detention and retention basins, infiltration and exftltration systems, Sanitary sewerage systems, collection mains, lift stations, force mains. regional systems: interceptor trunk lines. pump stations, force mains and package treatment plant designs. RRnEI~lED FEB.1. 7 1999 (... fT\.r,-,. ....-. ".i', f ~...i.'".. ."'~' t")<<::,,'1o-' ..-.... I",.; I....;.,,.,.,, 5-20-04;17:33 7275391294;# 2 RECEIVED CITY OF CLEARWATER - APPLICATION FOR ADVISORY BOitJW)S 1 2004 (must be Clearwater resident) OFFICIAL RECORDS AND LEGISLATIVE SRVCS DEP'r Office Address: 3Bo fflf?t:PLfU.E 13lJ/l). Su. ITE 300 J Clg~VV~l P'l, ZiD~~ 159 Telephone:"12-1 -53\ - 35D5 Employer:.::f'B~ btZouP, , NC . Other Work Experience: ~1lA. :j, c/leeD lli\J..'~aJ WA)-rew~ ~ ~ ~L- If retired, former occupation: -- Community Activities: Vf\I~"'" '(OUI<.. tte^t'-i blAT, AbDPT- A~ I::lli1HWA'f., ~~C~ . Other Interests: i3\ ~ N6J I 'BOkr'/tJ Bt( ~WllJ.M.ltJ6t f 6NJ7rf/rJGI , UxJth- Bet4{jfES Board Service (current and past): Board Preference: ~Ot-:le COM\\AU~ Devao~an- ~ Additional Comments: Signed: k~ nt. Ja~ Date: .'5 ... 2.lJ - 0 t See attached list for boards that require financial disclosure at time of appointment. Please return this application and board questionnaire to the Official Records & Legislative Services Department, P. O. Box 4748, Clearwater, FL 33758-4748, or drop off your application at City Hall, 2nd Floor, 112 S. Osceola Avenue. -I 5-20-04; 17:33 7275391294;# 3 BOARD QUESTIONNAIRE y 1, What is your understanding of the board's duties and responsibilities? (;0(3> IS A em~-B"S;ED i3Clttb WfflcH ,Hf:lP5 ()v~ AbfUIIJiSTf2.knl)N bF-:-r;tr: mM>>fWJtTY '1:>frJfiOfl'1MWr [OL:>t;-, U~. i7HlJUL'b BG flttJJILlflf(.. w/m 7H~ (ODe-, rrs ~/13IUT1' I/J tJ~ 11 ft2tJv, De QU.ffL':Ji ~-LJlJeD f)ev'atJfmMT IN f4;sf'fiL.-T.5 -11) 17f€-" SUfLf!./) l:> IIJ q /f1l.e1i S - 2. Have you ever observed a board meeting either in person or on C~View, the City's 1V station? -.1~s, - HAv~ ~~ VArLiDvtj BDA{2J') ME-E:T71JtnSa ON c- V I F!:'vV , 3, What background and/or qualifications do you have that you feel would qualify you to serve on this Board? 1?elN61 A feDF6SSI{)rJftL eN811N~ /IJ 11fE l.ONSUl:I7tJ&, f3USIN ES'S H1t!> t:'/.foSfJ'J ME 10 LftfJ'D DEVc=LopmWl Re6Ulflt71{)NS i_ How Ft...fE'i1 BIL/TY 15 f<BXUlr<.~b .5Pe-CfP/CflUY IN Ara::AS ~(,t+IN6t CMflCfTY 4, Why do you want to serve on this Board? 70 eer AMf1.e. INvoLY~ wrn-l fVl1 (..IJMVVlUtJ /1'1 tW~E"~JT-'ttSO , 7lJ {JRJVIDe- ^ (1T1~'S PfJ/ "'T oF- Vl~W O~ ~ fgp'~VtuJfmeN( OF CI.r:Itt:JNttrf:tZ. -' Name: fLeLL( S u.,T7lJJV Board Name:.iDMM IlfJ rr( l)EVGLofMtE.!JT . TOTAL P.03 1. RECEIVED Name: na...t'\o...- K. T~\\Mo."" . . MAY 13 2004 CITY OF CLEARWATER - APPLICATION FOR ADVISORY BOARDS (must be Clearwater resident) OFFICIAL RECORDS AND lEGISLATIVE SRVCS DEPT Home Address: Office Address: 303~ .p1~OC.J< 1)f~v~ 5"300 V)4J+ Cl.ypress. S+r~ S'k3~ e.J&r~l.c..r ~\. ZiD g~~ -r-~~ b r= \ ZiD ~3b(:)"l I Telephone: <"~"2. ""+~ =1-qG;- 2. tI ~ Telephone: (B~~) 2 a 2.- -=1- '2. +r" ~t- ~cr ~ How long a resident of Clearwater? ----1 0 W\o<OA ~ . , Occupation: Etl.".rol\~~ E'''3''~ Employer:J gs ~ :r Field of Education: Other Work Experience: \ ~ s ~.I'/'Or-\~.J. G./ItftSIJt.J"'~ p(G ~.llo~ ~~'NU/" lP~.l- ~E.. e:l\lId.^~t--.Q ~a'AlblArld L-- ~ S~ ~ Pla..rLJ"" c. -. ~ C. cd ,G.r (\ I c... If retired, former occupation: Community Activities: Jl )/ A- , I Other Interests: ~l~ ~..shl~6 ; Board Service (current and past): ;J DI"'-oL ~ "'-0 S ":11\ s. Board Preference: ~~.,^ : ~ ~eLQP~ Additional Comments: S;9nedJ(ilA.S k. '--""2 - Date: fV\ CAA.... L 'L 2..a 0 '--\ I] I See attached list for boards that require financial disclosure at time of appointment. Please return this application and board questionnaire to the Official Records & Legislative Services Department, p, O. Box 4748, Clearwater, FL 33758-4748, or drop off your application at City Hall, 2nd Floor, 112 S, Osceola Avenue, .. BOARD QUESTIONNAIRE 1, What is your understanding of the board's duties and responsibilities? ~/~ i cLe.uLlopa..-,d f/~~ IJS"~~' ~,~ Va..rJ~ r~ej+.s le( AJ)~ ~t/tUoP~J &AJ;W / ec-.,d. ""..s l2. u..vJ ,eo ~"" t^'~ Q ~ ~ A-~ s , J. ;. (' .JlUIII.W\I~j ,~,. W ~""" ~lM!(JreJ,,~1L ~I' Iii. fie.- . 2, Have you ever observed a board meeting either in person or on C-View, the City's TV station? . ~.e~ 3, What background and/or qualifications do you have that you feel would qualify you to serve on this Board? , -=l- 'lEAf oJ € ..QAA~ I~r I~ ~q,~ (...r /0 II.11.J' t1 ff\~ c.'\, '~-4-J (Q.. ~ ~:s ~ d. ~1AJ-4-/e So ') "'I:. Yo'\, e.v .s.~ -btl~ d..e-ll~r- o--c:l a..o^~ ktlCJ'he..- ISJJ~.l ~ ~A.o", /J o..~s , s+ ~ (!.bJlYh'/HJ~:"7 ~etof~ is O~I' d (,..V ~~ '\+s f I~ ~~ d.e.JJ~wp~ MA.,~J, 4, Why do you want to serve on this Board? \b p /0 J"cJ..g ~ ov1!\ f2 ~,:", ~ba...J<- 1-. ~ <!.:>>W1 M ,,~: "-r . &47J.,IJo.It',6 d row"",, ; s llMl~t'+~ 'k> ~(etV'w..k ~ -r. \.o\J Q~ I ~ l \'ke. ~ bY .if ~~ ,.. ( O)....J~ ~ ~ ~R.. ~ lA),,~\ IN\.~ c..feo..rwQ.."-er ~ 2AI~ ~~r f/~c.IJ.. 4-<> lLIf' Name:)Jaw.. e. ~~ Board Name: ('$:)...,/t1I1A ~~ ~e{.:Jp"...,j. October 3,2004 TO: Fellow Councilmembers CC: Bill Home Pam Akin FROM: Bill Jonson SUBJECT Land Development Change Recommendations At a recent Council meeting I reported on the great Understanding Quasi-judicial Proceedings seminar at the Florida League of Cities Conference in Hollywood. As a result of that session I reviewed the quasi-judicial process for the DRC and the CDB. My review is not in response to any perceived inappropriate actions of the past, but rather an intellectual approach to improve the perception of "fair process". As you know there are four levels of development approval: 1. Minimum Standard Development - approved at the individual staff level based on compliance with base regulations. 2. Flexible Standard Development - approved by the Planning Director after a Development Review Committee (ORC) review. 3. Flexible Development - approved by the Community Development Board. 4. Infill a, Residential infill b. Comprehensive infill The first three levels have quantitative specifications on lot size, maximum height, setbacks, and parking. The charts for infill have quantifications, but these are 'guidelines' meaning that variances are permitted. I observe that the DRC has authority to approve Residential Infill deviations for LDR and LMDR zoning districts within the city, In discussions with staff they report that their practice is to never approve an infill application that is outside of the quantitative guidelines. All other Residential infill and all Comprehensive infill applications must go to the CDB. Until recently I believed that the DRC was a Public Hearing instead of just a Public Meeting. The distinction is that at a Public Meeting the public is invited to observe, but not to provide testimony, question evidence or request party status (the public may however submit written information). At the DRC the applicant is invited to sit at the table with staff and participate in a two-way dialog with staff members. This process tilts the perception of fairness toward the applicant. I recommend that all infill applications go to the CDB in order to improve the perception of fairness. It is my understanding that such a change would return to the original recommendation ofMr, Seimon when he drafted the current code in 1999. In reviewing the DRC process with Ms. Akin, she observed that although there is an appeal process from a DRC decision, there is no specified entry point for a member of the general public to appeal (as opposed to the applicant). This should be changed in the interest of fairness. I also recommend that we change the use of "nJa" on the zoning tables. The public could interpret this to mean "not available" (no deviation is possible) or "not applicable" (meaning there are no base standards and therefore total flexibility is possible), The length of term for the cnB members is currently longer than the terms of the Council Members. This was apparently adopted in anticipation of longer terms for the Council, an option that was rejected by the voters. I suggest that we change the term for all new CDB appointments to three years.